Exhibit 10.38
Expendable Launch Vehicle
Integrated Support Contract
NAS10-02026
*Text Omitted
Confidential Treatment Requested Under
17 C.F.R.(S)(S)200.80(b)(4), 200.83 and 240b-2
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SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER . RATING PAGE
UNDER DPAS (15 CFR 350) 1 OF 427
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2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE' NO.
NAS10-02026 RFP 10-01-0001 [ ]SEALED BID (IFB) September 24, 2001 M022129
[X]NEGOTIATED (RFP)
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7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)
XXXX X. XXXXXXX SPACE CENTER, NASA
MAIL CODE: SEB-XXXXX
XXXXXXX XXXXX XXXXXX, XX 00000
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NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder"
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SOLICITATION
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9. Sealed offers in original and (See L-7) copies for furnishing the supplies or services in the Schedule will be received at the
place specified in Item 8, or if handcarried, in the depository located in (See Article L-6) until (See Article L-6) local time, on
(See Article L-6).
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.
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10. FOR A. NAME B. TELEPHONE NO. (NO COLLECT CALLS) C. EMAIL ADDRESS
INFORMATION ----------------------------------
CALL: AREA CODE NUMBER EXT.
. Xxxxx X.XxxXxxx (321) 867-2879 xxxxx.xxxxxxx-0@xxx.xxxx.xxx
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11. TABLE OF CONTENTS
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(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)
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PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
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[X] A SOLICITATION/CONTRACT FORM 1 [X] I CONTRACT CLAUSES 74
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[X] B SUPPLIES OR SERVICES AND PRICES/COSTS 9 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
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[X] C DESCRIPTION/SPECS./WORK STATEMENT 36 [X] J LIST OF ATTACHMENTS 87
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[X] D PACKAGING AND MARKING 38 PART IV - REPRESENTATIONS AND INSTRUCTIONS
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[X] E INSPECTION AND ACCEPTANCE 40 [X] K REPRESENTATIONS, CERTIFICATIONS AND 336
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[X] F DELIVERIES OR PERFORMANCE 41 OTHER STATEMENTS OF OFFERORS
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[X] G CONTRACT ADMINISTRATION DATA 42 [X] L INSTRS., CONDS., AND NOTICES TO OFFERORS 345
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[X] H SPECIAL CONTRACT REQUIREMENTS 54 [X] M EVALUATION FACTORS FOR AWARD 421
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OFFER (Must be fully completed by offeror)
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NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
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12. In compliance with the above, the undersigned agrees, if this offer is accepted within 180 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.
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13. DISCOUNT FOR PROMPT PAYMENT . 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS
(See Section I, clause No. 52-232-8) % % % %
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14. ACKNOWLEDGMENT OF AMENDMENTS (The offer or AMENDMENT NO DATE AMENDMENT NO DATE
acknowledges receipt of amendments to the -----------------------------------------------------------------------------------
SOLICITATION). 1 10/3/2001 4 11/7/2001
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For offerors and related documents numbered
and dated: 2 10/24/2001 5 3/7/2002
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3 11/1/2001 6 4/2/2002
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15. NAME AND CODE 00-000-0000 FACILITY 05BD6 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
ADDRESS OF OFFER (Type or print)
OFFEROR Analex Corporation Xxxxxxxxxxx Xxxxxx
0000 Xxxxxxxx Xxx Senior Vice President
Xxxxxxxxxx, XX 00000
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15B. TELEPHONE NO. 15C. CHECK IF REMITTANCE ADDRESS 17. SIGNATURE 18. OFFER DATE
(Include area code) IS DIFFERENT FROM ABOVE - ENTER Original Signed by
000-000-0000 [X] SUCH ADDRESS IN SCHEDULE Xxxxxxxxxxx Xxxxxx 6/3/02
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AWARD (To be completed by Government)
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19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
CLIN 1001 - CLIN 1012 $53,900,997.00 VA/VA-90302.ISC/2550C/400000/54/02
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22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION 23. SUBMIT INVOICES TO ADDRESS SHOWN IN: . ITEM
[ ] 10 U.S.C. 2304(c) ( ) [ ]41 U.S.C. 253(c) ( ) (4 copies unless otherwise specified) See G-3 & G-5
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24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
NASA/KSC
GENERAL ACCOUNTING A/P
GG-B-C2
XXXXXXX XXXXX XXXXXX, XX 00000
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26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
Xxxxx X. Xxxxxxxx, Xx. Original Signed By 0-0-00
Xxxxx X. Xxxxxxxx Xx
(Signature of Contracting Officer)
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IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
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NSN 7540-01-152-8064 33-133 STANDARD FORM 33 (REV. 9-97)
PREVIOUS EDITION NOT USABLE Prescribed by GSA
FAR (48 CFR) 53.214(c)
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Expendable Launch Vehicle Integrated Support Contract NAS10-02026
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PART I - THE SCHEDULE
SECTION B
SUPPLIES OR SERVICES AND PRICE/COSTS
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B-1 SCHEDULE OF SUPPLIES OR SERVICES
The Contractor shall provide all non-personal services necessary to furnish the
Contract Line Item Numbers (CLINs) to NASA as described in Section C, C-1,
"Scope of Work" and in accordance with Attachment J-1, "Statement of Work" on a
fixed price/cost plus award fee basis and Indefinite-Delivery Indefinite-
Quantity effort as required.
1.0 Phase-In Period (Performance Period: KSC: June 1, 2002 - July 7, 2002,
VAFB: June 1- 30, 2002)
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CONTRACT
LINE ITEM TOTAL
(CLIN) DESCRIPTION QTY UNIT AMOUNT ($)
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1
1001 Phase-In Period (Firm-Fixed-Price) Lot $.00
Phase-in period between award and initiation of the
basic period of performance, not to exceed 30 calendar
days in accordance with SOW 2.0.
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BASIC PERIOD - Expendable Launch Vehicle Integrated Support for a 3-year,
three-month performance period.
(Performance Period: KSC: July 8, 2002 September 30, 2005,
VAFB: July 1, 2002 September 30, 2005)
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1.1 Basic Contract Core Requirements (Fixed Price Award Fee)
The Contractor shall provide the necessary services to accomplish the following
technical services in accordance with the SOW. Pricing for Section 1.0 of the
SOW is deemed to be included in the CLIN prices below.
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CONTRACT LINE UNIT TOTAL
ITEM (CLIN) DESCRIPTION QTY UNIT PRICE AMOUNT ($)
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1002 ELV Program Management Support in accordance with SOW 3.0 $1,635,405
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1002A ELV Program Management Support (FY 02) 3 MO $39,815 $ 119,445
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1002B ELV Program Management Support (FY 03) 12 MO $40,615 $ 487,380
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1002C ELV Program Management Support (FY 04) 12 MO $42,159 $505,908
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1002D ELV Program Management Support (FY05) 12 MO $43,556 $522,672
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CONTRACT LINE UNIT TOTAL
ITEM (CLIN) DESCRIPTION QTY UNIT PRICE AMOUNT ($)
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1003 Safety and Mission Assurance in accordance with SOW 4.0 $4,088,685
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1003A Safety and Mission Assurance (FY 02) 3 MO $103,131 $ 309,393
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1003B Safety and Mission Assurance (FY 03) 12 MO $ 98,912 $1,186,944
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1003C Safety and Mission Assurance (FY 04) 12 MO $104,352 $1,252,224
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1003D Safety and Mission Assurance (FY 05) 12 MO $111,677 $1,340,124
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1004 Launch Site Support Engineering (LSSE) in accord with SOW 5.0 $3,419,568
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1004A LSSE (FY 02) 3 MO $ 81,360 $ 244,080
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1004B LSSE (FY 03) 12 MO $ 85,077 $1,020,924
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1004C LSSE (FY 04) 12 MO $ 88,310 $1,059,720
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1004D LSSE (FY 05) 12 MO $ 91,237 $1,094,844
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1005 Technical Integration Services in accordance with SOW 6.0 $2,879,676
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1005A Technical Integration Services (FY 02) 3 MO $ 66,308 $ 198,924
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1005B Technical Integration Services (FY 03) 12 MO $ 71,822 $ 861,864
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1005C Technical Integration Services (FY 04) 12 MO $ 74,551 $ 894,612
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1005D Technical Integration Services (FY 05) 12 MO $ 77,023 $ 924,276
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1006 Communications and Telemetry in accordance with SOW 7.0 $8,851,941
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1006A Communications and Telemetry (FY02) 3 MO $208,047 $ 624,141
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1006B Communications and Telemetry (FY03) 12 MO $220,428 $2,645,136
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1006C Communications and Telemetry (FY04) 12 MO $228,814 $2,745,768
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1006D Communications and Telemetry (FY05) 12 MO $236,408 $2,836,896
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1007 Xxxxxxxxxx AFB Unique in accordance with SOW 8.0 $4,055,439
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1007A Xxxxxxxxxx AFB Unique (FY 02) 3 MO $105,857 $ 317,571
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1007B Xxxxxxxxxx AFB Unique (FY 03) 12 MO $100,116 $1,201,392
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1007C Xxxxxxxxxx AFB Unique (FY 04) 12 MO $103,943 $1,247,316
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1007D Xxxxxxxxxx AFB Unique (FY 05) 12 MO $107,430 $1,289,160
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Maximum Available Award Fee shall be included in provision B-3 " AWARD FEE".
1.2 Mission Direct Support (IDIQ)
The Government reserves the right to order fixed price, Indefinite Delivery/
Indefinite Quantity (IDIQ) mission direct support services, independent
of core requirements, under these CLINs from the items listed below. The
Contracting Officer may order the services any time by written notice to the
Contractor in accordance with the ordering procedures set forth in Section H of
this contract. Task orders will be performance-based and will be restricted to
the acquisition of "outcomes" where the period of performance and discrete task
objectives will be limited to work and products that can be defined and priced
The services furnished under this IDIQ article supplement and are in addition to
the services furnished under the contract's core requirements. Notwithstanding
the issuance or pendency of a task/delivery order, the Contractor will not be
entitled to additional payment, beyond the contract price for core requirements,
for any work already required (as to substance, quantity and schedule) under the
contract's/SOW core requirements provisions.
Hourly Rates for Mission-Direct Support Services
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SOW Rate Type Description Ordering Unit
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9.1 Individual A combined average rate for one hour of service performed by a single Worker Hour
Composite skilled worker from Safety & Mission Assurance, Launch Site Support
Engineering, or Technical Integration Services outside of core hours at
KSC or VAFB.
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9.2 Individual A combined average rate for one hour of service performed by a single Worker Hour
Composite skilled worker from VAFB Operations, Troubleshooting or Repair outside
of core hours.
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9.3 Full A combined crew rate for one hour of service performed by a full crew Crew Hour
Crew supporting Communications and Telemetry outside of core hours. There
Composite are separate rates depending upon location of service at KSC or at VAFB.
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9.4 Reduced A combined crew rate for one hour of service performed by a reduced Crew Hour
Crew crew supporting Communications and Telemetry outside of core hours.
Composite There are separate rates depending upon location of service at KSC or
VAFB.
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9.5 Individual A combined average rate for one hour of a single skilled worker Worker Hour
Composite performing On-Call Troubleshooting or Repair outside of core hours.
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CONTRACT Total
LINE ITEM Amount
(CLIN) DESCRIPTION QTY UNIT ($)
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1008 Mission Direct Support Services
The contractor shall accept task orders issued only by the contracting officer.
The Contractor shall provide the services as ordered to accomplish the following.
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1008A Additional Support for Safety and Mission Assurance,
Launch Site Support Engineering, and Technical As Hr See Table
Integration Services, in accordance with SOW 9.1 Ordered B-1.1
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1008B Additional Support for VAFB Operations, Troubleshooting and Repair in accordance
with SOW 9.2
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1008BA Scheduled support for VAFB Operations, Troubleshooting As Hr See Table
and Repair in accordance with SOW 9.2 Ordered B-1.1
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1008BB Call-out support for VAFB Operations, Troubleshooting As Hr See Table
and Repair in accordance with SOW 9.2 Ordered B-1.1
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1008C Hourly Support for Communications and Telemetry Outside of Core Work Shift in
accordance with SOW 9.3
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1008CA KSC Support for Communications and Telemetry Outside As Hr See Table
of Core Work Shift Ordered B-1.1
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1008CB VAFB Support for Communications and Telemetry Outside As Hr See Table
of Core Work Shift Ordered B-1.1
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1008D Reduced Support for Communications and Telemetry Outside of Core Work Shift in
accordance with SOW 9.4.
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1008DA KSC Reduced Support for Communications and Telemetry As Hr See Table
Outside of Core Work Shift Ordered B-1.1
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1008DB VAFB Reduced Support for Communications and Telemetry As Hr See Table
Outside of Core Work Shift Ordered B-1.1
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1008E On-Call Troubleshooting and Repair Support in accordance with SOW 9.5.
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1008EA On-Call Troubleshooting and Repair Support in As Hr See Table
accordance with SOW 9.5 -Communication Technician at Ordered B-1.1
KSC.
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1008EB On-Call Troubleshooting and Repair Support in As Hr See Table
accordance with SOW 9.5 -Communication Technician at Ordered B-1.1
VAFB.
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1008EC On-Call Troubleshooting and Repair Support in As Hr See Table
accordance with SOW 9.5 -Manager at VAFB. Ordered B-1.1
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1008F Guard Services at VAFB in accordance with SOW 9.6 As 24 See Table
Ordered hrs B-1.2
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1008G Access Control Monitors (ACM) at VAFB in accordance As 24 See Table
with SOW 9.7 Ordered hrs B-1.3
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Upon identification of a task(s) by the Contracting Officer, a request to the
contractor for estimated number of hours/units required to complete the
identified task(s), and subsequent negotiation of agreed to hours/units, the
Government may issue task orders utilizing the contractor's fully burdened,
fixed-price rates shown in Table B-1.1 to B -1.3. The price in each year
includes all direct costs (including shift differentials as applicable),
applicable indirect costs and anticipated profit.
Table B-1.1 HOURLY LABOR RATES
[*]
Table B-1.2 24 HOUR SHIFT/ACCESS POINT RATES
[*]
Table B-1.2 24 HOUR RATES
[*]
Public Affairs Support (IDIQ)
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CONTRACT Total
LINE ITEM Amount
(CLIN) DESCRIPTION QTY UNIT ($)
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1008H Satellite Uplink Services for NASA Public Affairs As 24 See Table
Support in accordance with SOW 9.8 Ordered Hrs B-1.4
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1008I Public Affairs Support in accordance with SOW 9.9 As 50 See Table
Ordered guests B-1.5
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1008J Public Affairs Support accordance with SOW 9.9 As 25 See Table
Ordered guests B-1.5
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The Contracting Officer may issue task orders utilizing the contractor's
fixed-prices as shown in Table B -1.4 & 1.5. The price in each year includes all
direct costs (including shift differentials as applicable), applicable indirect
costs and anticipated profit.
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Table B-1.4 Satellite Uplink Services for NASA Public Affairs Support (SOW
9.8)
[*]
Table B-1.5 Public Affairs Support in accordance with SOW 9.9
[*]
1.3 Cost Basis (Non Fee Bearing)
The dynamic nature of the ELV integrated support items makes it impossible to
accurately predict contractor acquired property (CAP), and travel/per-diem. The
Government will account for these requirements as separate CLINs and has
baselined these costs as indicated in the CLINs below. Materials, supplies and
travel, shall be paid at cost, non-fee bearing, in accordance with the clause in
Section I, FAR 52.216-11, Cost Contract - No Fee (APR 1984). The contractor
shall retain original vendor receipts and furnish them to the contracting
officer upon request to substantiate xxxxxxxx. These items will be excluded from
input to the cost base upon which the award fee pool is calculated.
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CONTRACT
LINE ITEM Total
(CLIN) DESCRIPTION QTY UNIT Estimated Amount
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1009/1010 Cost Basis (Non-fee bearing)
The Contractor shall provide Contractor Acquired Property that must be
authorized in accordance with NFS 1845.502-70 subject to a
determination by the contracting officer that it is allocable to the
contract and reasonably necessary, to support performance of fixed
price CLINs 1002 - 1008 in accordance with the SOW.
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CONTRACT
LINE ITEM Total
(CLIN) DESCRIPTION QTY UNIT Estimated Amount
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1009 Contractor Acquired Property (CAP) The
Contractor shall provide CAP in accordance -- -- See Note 1
with the requirements of the SOW.
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1009A CAP (FY 02) 3 MO $ 684,653 (NTE)
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1009B CAP (FY 03) 12 MO $1,394,323 (NTE)
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1009C CAP (FY 04) 12 MO $1,447,314 (NTE)
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1009D CAP (FY05) 12 MO $1,495,296 (NTE)
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1010 Travel and Per Diem The Contractor shall
perform travel as required in accordance -- -- See Note 2
with the requirements set forth in the SOW
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1010A Travel (FY 02) 3 MO $ 72,363 (NTE)
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1010B Travel (FY 03) 12 MO $ 147,344 (NTE)
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1010C Travel (FY 04) 12 MO $ 152,944 (NTE)
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1010D Travel (FY05) 12 MO $ 158,014 (NTE)
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NOTE 1: Cost Basis (Non-Fee-Bearing) Contractor Acquired Property (CAP). .
The Not-To-Exceed (NTE) amount is the ceiling for the cost-reimbursable line
items. Contractor Acquired Property will be reimbursed for incurred costs on a
non-fee bearing basis. All contractor-
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acquired property must be authorized by the contract and is subject to a
determination by the contracting officer that it is allocable to the contract
and reasonably necessary.
During contract performance the contractor is required to procure items for
which the nature and quantity would not be expected to be included in fixed
price requirements (SOW 3.0 -- 8.0). Only specific categories of items will be
allowable to be acquired under this CLIN. These types of items include NASA
customer transient office supplies, all expendable, consumable supplies and
materials, (e.g., magnetic tapes, strip charts, clean room garments, components
and piece parts); all mobile and lift equipment, shop and calibration equipment,
communications equipment, and maintenance equipment.
NOTE 2: Travel and Per Diem
Pursuant to Title 11, Section 21 of the Federal Civilian Employee and Contractor
Travel Expense Act of 1985 (PL 99-234), reimbursement for travel associated with
fixed price effort shall be in accordance with the provisions of FAR 31.205-46.
1.4 Vehicle Engineering and Analysis (CPAF)
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CONTRACT
LINE ITEM Total Estimated
(CLIN) DESCRIPTION Cost Award Fee
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1011 Vehicle Engineering and Analysis in $20,682,688 (See Provision B-3)
accordancewith SOW 10.0
(Cost-Plus-Award-Fee)
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1.5 Facility Upgrade/Modification/Repair, Design and Construction. (Fixed-price,
Indefinite-delivery, Indefinite quantity)
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CONTRACT Total
LINE ITEM Estimated
(CLIN) DESCRIPTION QTY UNIT Amount
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1012 Facility Upgrade/Modification/Repair, As JO $TBD*
Design and Construction in accordance Ordered
with SOW 11.0
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The Government reserves the right to order Facility Upgrade/Modification/Repair,
Design and Construction projects under this CLIN. The Contracting Officer may
order the items/services any time by written notice to the Contractor from the
effective date of the contract through 9/30/2005. The Contractor shall provide
the items/services necessary in accordance with SOW 11.0.
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* To be determined.
Task/delivery orders for facilities modifications, design, and/or construction
may be issued to the Contractor at the sole discretion of the contracting
officer. It is agreed that work requests for Facility
Upgrade/Modification/Repair, Design and Construction items may be issued as
fixed price task orders during the term of the contract, and that the Government
has no obligation to issue any such work request. In the event any such
task/delivery orders are issued, they will in accordance with task ordering
procedures in Section H.
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Summary BASIC Period (FY 2002 thru FY 2005)
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FIRM-FIXED PRICE (CLIN 1001) $ .00
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FIXED-PRICE AWARD FEE (CLINS 1002-1007) $24,930,726
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MISSION DIRECT IDIQ (CLINS 1008) $ TBD
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COSTS BASIS (CLINS 1009 &1010) $ 5,550,778
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ESTIMATED COST (CPAF) (CLINS 1011) $20,682,688
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MAXIMUM AVAILABLE AWARD FEE* (CLINs 1002-1007 and
CP CLIN 1011) $ 2,736,805
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FACILITY
UPGRADE/MODIFICATION/REPAIR, (CLINS 1012) $ TBD
DESIGN AND CONSTRUCTION (IDIQ)
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TOTAL ESTIMATED CONTRACT VALUE $53,900,997
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OPTION 1 - Expendable Launch Vehicle Integrated Support. The Government
reserves the right to exercise an option for a 3-year performance period. The
Contracting Officer will exercise options in accordance with the procedures at
FAR Subpart 17.2
(Performance Period: October 1, 2005- September 30, 2008)
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2.1 Contract Core Requirements (Fixed Price Award Fee)
The Contractor shall provide the necessary services to accomplish the following
technical services in accordance with the SOW. Pricing for Section 1.0 of the
SOW is deemed to be included in the CLIN prices below.
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CONTRACT
LINE ITEM UNIT Total
(CLIN) DESCRIPTION QTY UNIT PRICE Amount($)
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2002 ELV Program Management Support in accordance with SOW 3.0 $1,647,312
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2002A ELV Program Management Support 12 MO $44,640 $ 535,680
(FY 06)
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2002B ELV Program Management Support 12 MO $45,736 $ 548,832
(FY 07)
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2002C ELV Program Management Support 12 MO $46,900 $ 562,800
(FY 08)
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CONTRACT
LINE ITEM UNIT
(CLIN) DESCRIPTION QTY UNIT PRICE Amount($)
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2003 Safety and Mission Assurance in accordance with SOW 4.0 $4,405,356
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2003A Safety and Mission Assurance (FY 06) 12 MO $115,947 $1,391,364
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2003B Safety and Mission Assurance (FY 07) 12 MO $121,709 $1,460,508
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2003C Safety and Mission Assurance (FY 08) 12 MO $129,457 $1,553,484
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2004 Launch Site Support Engineering
(LSSE) in accordance with SOW 5.0 $3,450,624
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2004A LSSE (FY 06) 12 MO $ 93,507 $1,122,084
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2004B LSSE (FY 07) 12 MO $ 95,804 $1,149,648
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2004C LSSE (FY 08) 12 MO $ 98,241 $1,178,892
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2005 Technical Integration Services in $2,913,024
accordance with SOW 6.0
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2005A Technical Integration Services (FY 06) 12 MO $ 78,939 $ 947,268
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2005B Technical Integration Services (FY 07) 12 MO $ 80,878 $ 970,536
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2005C Technical Integration Services (FY 08) 12 MO $82,935 $ 995,220
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2006 Communications and Telemetry in
accordance with SOW 7.0 $8,942,412
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2006A Communications and Telemetry (FY06) 12 MO $242,343 $2,908,116
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2006B Communications and Telemetry (FY07) 12 MO $248,294 $2,979,528
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2006C Communications and Telemetry (FY08) 12 MO $254,564 $3,054,768
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2007 Xxxxxxxxxx AFB Unique in accordance
with SOW 8.0 $4,106,340
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2007A Xxxxxxxxxx AFB Unique (FY 06) 12 MO $110,206 $1,322,472
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2007B Xxxxxxxxxx AFB Unique (FY 07) 12 MO $114,427 $1,373,124
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2007C Xxxxxxxxxx AFB Unique (FY 08) 12 MO $117,562 $1,410,744
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Maximum Available Award Fee shall be included in provision B-3 "AWARD FEE".
2.2 Mission Direct Support (IDIQ)
The Government reserves the right to order fixed price, Indefinite
Delivery/Indefinite Quantity (IDIQ) mission direct support services, independent
of core requirements, under these CLINs from the items listed below. The
Contracting Officer may order the services any time by written notice to the
Contractor in accordance with the ordering procedures set forth in Section H of
this contract. Task orders will be performance-based and will be restricted to
the acquisition of "outcomes" where the period of performance and discrete task
objectives will be limited to work and products that can be defined and priced.
The services furnished under this IDIQ article supplement and are in addition to
the services furnished under the contract's core requirements. Notwithstanding
the issuance or pendency of a task/delivery order, the Contractor will not be
entitled to additional payment, beyond the contract price for core requirements,
for any work already required (as to substance, quantity and schedule) under the
contract's/SOW core requirements provisions.
Hourly Rates for Mission-Direct Support Services
---------------------------------------------------------------------------------------------------------
Ordering
SOW Rate Type Description Unit
---------------------------------------------------------------------------------------------------------
9.1 Individual A combined average rate for one hour of service performed by a single Worker Hour
Composite skilled worker from Safety & Mission Assurance, Launch Site Support
Engineering, or Technical Integration Services outside of core hours at
KSC or VAFB..
---------------------------------------------------------------------------------------------------------
9.2 Individual A combined average rate for one hour of service performed by a single Worker Hour
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Composite skilled worker from VAFB Operations, Troubleshooting or Repair outside
of core hours.
---------------------------------------------------------------------------------------------------------
9.3 Full A combined crew rate for one hour of service performed by a full crew Crew Hour
Crew supporting Communications and Telemetry outside of core hours. This
Composite rate will vary depending upon location of service at KSC or at VAFB.
---------------------------------------------------------------------------------------------------------
9.4 Reduced A combined crew rate for one hour of service performed by a reduced Crew Hour
Crew crew supporting Communications and Telemetry outside of core hours.
Composite There are separate rates depending upon location of service at KSC or
VAFB
---------------------------------------------------------------------------------------------------------
9.5 Individual A combined average rate for one hour of a single skilled worker Worker Hour
Composite performing On-Call Troubleshooting or Repair outside of core hours.
---------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------
CONTRACT Total
LINE ITEM DESCRIPTION QTY UNIT Amount
(CLIN) ($)
---------------------------------------------------------------------------------------------
2008 Mission Direct Support Services
The contractor shall accept task orders issued only by the contracting officer.
The Contractor shall provide the services as ordered to accomplish the following.
---------------------------------------------------------------------------------------------
2008A Additional Support for Safety and Mission As
Assurance, Launch Site Support Ordered Hr See Table
Engineering, and Technical Integration B-2.1
Services, in accordance with SOW 9.1
---------------------------------------------------------------------------------------------
2008B Additional Support for VAFB Operations, Troubleshooting and
Repair in accordance with SOW 9.2
---------------------------------------------------------------------------------------------
2008BA Scheduled support for VAFB Operations, As Hr See Table
Troubleshooting and Repair in accordance Ordered B-2.1
with SOW 9.2
---------------------------------------------------------------------------------------------
2008BB Call-out support for VAFB Operations, As Hr See Table
Troubleshooting and Repair in accordance Ordered B-2.1
with SOW 9.2
---------------------------------------------------------------------------------------------
2008C Hourly Support for Communications and Telemetry Outside of Core Work Shift in
accordance with SOW 9.3
---------------------------------------------------------------------------------------------
2008CA KSC Hourly Support for Communications As Hr See Table
and Telemetry Outside of Core Work Shift Ordered B-2.1
---------------------------------------------------------------------------------------------
2008CB VAFB Hourly Support for Communications As Hr See Table
and Telemetry Outside of Core Work Shift Ordered B-2.1
---------------------------------------------------------------------------------------------
2008D Reduced Support for Communications and Telemetry Outside of Core
Work Shift in accordance with SOW 9.4.
---------------------------------------------------------------------------------------------
2008DA KSC Reduced Support for Communications As Hr See Table
and Telemetry Outside of Core Work Shift Ordered B-
---------------------------------------------------------------------------------------------
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-------------------------------------------------------------------------------------
2.1
-------------------------------------------------------------------------------------
VAFB Reduced Support for As Hr See Table
2008DB Communications and Telemetry Outside of Ordered B-2.1
Core Work Shift
-------------------------------------------------------------------------------------
2008E On-Call Troubleshooting and Repair Support in accordance with SOW 9.5.
-------------------------------------------------------------------------------------
2008EA On-Call Troubleshooting and Repair Support As Hr See Table
in accordance with SOW 9.5 -Communication Ordered B-2.1
Technician at KSC.
-------------------------------------------------------------------------------------
2008EB On-Call Troubleshooting and Repair Support As Hr See Table
in accordance with SOW 9.5 -Communication Ordered B-2.1
Technician at VAFB.
-------------------------------------------------------------------------------------
2008EC On-Call Troubleshooting and Repair Support As Hr See Table
in accordance with SOW 9.5 -Manager Ordered B-2.1
at VAFB.
-------------------------------------------------------------------------------------
2008E On-Call Troubleshooting and Repair Support As Hr See Table
in accordance with SOW 9.5. Ordered B-2.1
-------------------------------------------------------------------------------------
2008F Guard Services at VAFB in accordance with As 24 hrs See Table
SOW 9.6 Ordered B-2.2
-------------------------------------------------------------------------------------
2008G Access Control Monitors (ACM) at VAFB in As 24 hrs See Table
accordance with SOW 9.7 Ordered B-2.3
-------------------------------------------------------------------------------------
Upon identification of a task(s) by the Contracting Officer, a request to the
contractor for estimated number of hours/units required to complete the
identified task(s), and subsequent negotiation of agreed to hours/units, the
Government may issue task orders utilizing the contractor's fully burdened,
fixed-price rates shown in Table B-2.1 to B-2.3. The price in each year includes
all direct costs (including shift differentials as applicable), applicable
indirect costs and anticipated profit.
Table B-2.1 HOURLY LABOR RATES
[*]
Table B-2.2 24 HOUR SHIFT/ACCESS POINT RATES
[*]
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Table B-2.3 24 HOUR RATES
[*]
Public Affairs Support (IDIQ)
----------------------------------------------------------------------------------------------------
CONTRACT
LINE ITEM Total
(CLIN) DESCRIPTION QTY UNIT Amount ($)
----------------------------------------------------------------------------------------------------
2008H Satellite Uplink Services for NASA Public Affairs As 24 Hrs See Table B-
Support in accordance with SOW 9.8 Ordered 2.4
----------------------------------------------------------------------------------------------------
2008I Public Affairs Support in accordance with SOW 9.9 As 50 guests See Table B-
Ordered 2.5
----------------------------------------------------------------------------------------------------
2008J Public Affairs Support accordance with SOW 9.9 As 25 guests See Table B-
Ordered 2.5
----------------------------------------------------------------------------------------------------
The Contracting Officer may issue task orders utilizing the contractor's
fixed-prices as shown in Table B -2.4 and 2.5. The price in each year includes
all direct costs (including shift differentials as applicable), applicable
indirect costs and anticipated profit.
Table B-2.4 Satellite Uplink Services for NASA Public Affairs Support (SOW 9.8)
[*]
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Table B-2.5 Public Affairs Support in accordance with SOW 9.9
[*]
2.3 Cost Basis (Non Fee Bearing)
The dynamic nature of the ELV integrated support items makes it impossible to
accurately predict contractor acquired property (CAP), and travel/per-diem. The
Government will account for these requirements as separate CLINs and has
baselined these costs as indicated in the CLINs below. Materials, supplies and
travel, shall be paid at cost, non-fee bearing, in accordance with the clause in
Section I, FAR 52.216-11, Cost Contract - No Fee (APR 1984). The contractor
shall retain original vendor receipts and furnish them to the contracting
officer upon request to substantiate xxxxxxxx. These items will be excluded from
input to the cost base upon which the award fee pool is calculated.
--------------------------------------------------------------------------------
Total
CONTRACT LINE Estimated
ITEM (CLIN) DESCRIPTION QTY UNIT Amount
--------------------------------------------------------------------------------
2009/2010 Cost Basis (Non-fee bearing)
The Contractor shall provide the Contractor Acquired Property
that must be authorized, and is subject to a determination by
the contracting officer that it is allocable to the contract and
reasonable necessary, for effort related to fixed price core
requirements and travel as required to support performance of
fixed price CLINs 1002 - 1008 in accordance with the SOW.
--------------------------------------------------------------------------------
2009 Contractor Acquired Property (CAP) The
Contractor shall provide CAP, defined in NFS
1845.502-70, in accordance with the
requirements of the SOW. See Note 1
--------------------------------------------------------------------------------
2009A CAP (FY 06) 12 MO $1,539,974 (NTE)
--------------------------------------------------------------------------------
2009B CAP (FY 07) 12 MO $1,585,484 (NTE)
--------------------------------------------------------------------------------
2009C CAP (FY 08) 12 MO $1,633,749 (NTE)
--------------------------------------------------------------------------------
2010 Travel and Per Diem The Contractor shall
perform travel as required in accordance with
the requirements set forth in the SOW See Note 2
--------------------------------------------------------------------------------
2010A Travel (FY 06) 12 MO $ 162,736 (NTE)
--------------------------------------------------------------------------------
2010B Travel (FY 07) 12 MO $ 167,545 (NTE)
--------------------------------------------------------------------------------
2010C Travel (FY 08) 12 MO $ 172,645 (NTE)
--------------------------------------------------------------------------------
NOTE 1: Cost Basis (Non-Fee-Bearing) Contractor Acquired Property (CAP). .
The Not-To-Exceed (NTE) amount is the ceiling for the cost-reimbursable line
items. Contractor Acquired Property will be reimbursed for incurred costs on a
non-fee bearing basis. All contractor-acquired property must be authorized by
the contract and is subject to a determination by the contracting officer that
it is allocable to the contract and reasonably necessary.
During contract performance, the contractor is required to procure items for
which the nature and quantity would not be expected to be included in fixed
price requirements (SOW 3.0 - 8.0). Only specific categories of items will be
allowable to be acquired under this CLIN. These types of items include
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NASA customer transient office supplies, all expendable, consumable supplies and
materials, (e.g., magnetic tapes, strip charts, clean room garments, components
and piece parts); all mobile and lift equipment, shop and calibration equipment,
communications equipment, and maintenance equipment.
NOTE 2: Travel and Per Diem
Pursuant to Title 11, Section 21 of the Federal Civilian Employee and Contractor
Travel Expense Act of 1985 (PL 99-234), reimbursement for travel associated with
fixed price effort shall be in accordance with the provisions of FAR 31.205-46.
2.4 Vehicle Engineering and Analysis (CPAF)
---------------------------------------------------------------------------------------
CONTRACT
LINE ITEM Total Estimated
(CLIN) DESCRIPTION Cost Award Fee
---------------------------------------------------------------------------------------
2011 Vehicle Engineering and Analysis in $19,472,927 (See Provision B-3)
accordance with SOW 10.0
(Cost-Plus-Award-Fee)
---------------------------------------------------------------------------------------
2.5 Facility Upgrade/Modification/Repair, Design and Construction. (Fixed-price,
Indefinite-delivery, Indefinite quantity)
---------------------------------------------------------------------------------------------
CONTRACT
LINE ITEM Total
(CLIN) DESCRIPTION QTY UNIT Estimated Amount
---------------------------------------------------------------------------------------------
2012 Facility Upgrade/Modification/Repair, Design As JOB $ TBD*
and Construction in accordance with SOW 11.0 Ordered
---------------------------------------------------------------------------------------------
The Government reserves the right to order Facility Upgrade/Modification/Repair,
Design and Construction projects under this CLIN. The Contracting Officer may
order the services any time by written notice to the Contractor from10/01/2005
through 9/30/2008. The Contractor shall provide the necessary effort in
accordance with SOW 11.0
---------------------------------------------------------------------------------------------
* To be determined.
Task/delivery orders for facilities modifications, design, and/or construction
may be issued to the Contractor at the sole discretion of the contracting
officer. It is agreed that work requests for Facility
Upgrade/Modification/Repair, Design and Construction items may be issued as
fixed price task orders during the term of the contract, and that the Government
has no obligation to issue any such work request. In the event any such
task/delivery orders are issued, they will in accordance with task ordering
procedures in Section H.
Summary Option Period 1 (FY 2006 thru FY 2008)
---------------------------------------------------------------
FIXED-PRICE AWARD FEE (CLINS 2002-2007) $25,465,068
---------------------------------------------------------------
MISSION DIRECT IDIQ (CLINS 2008) $ TBD
---------------------------------------------------------------
COSTS BASIS (CLINS 2009 & 2010) $ 5,262,133 (NTE)
---------------------------------------------------------------
ESTIMATED COST (CPAF) (CLINS 2011) $19,472,927
---------------------------------------------------------------
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--------------------------------------------------------------------
(CLINs 2002-2007 and
MAXIMUM AVAILABLE AWARD FEE* CP CLIN 2011) $ 2,696,280
--------------------------------------------------------------------
FACILITY
UPGRADE/MODIFICATION/REPAIR,
DESIGN AND CONSTRUCTION (IDIQ) (CLINS 2012) $ TBD
--------------------------------------------------------------------
--------------------------------------------------------------------
TOTAL ESTIMATED CONTRACT VALUE $52,896,408
--------------------------------------------------------------------
================================================================================
OPTION 2 - Expendable Launch Vehicle Integrated Support. The Government reserves
the right to exercise an option for a 3-year performance period. The Contracting
Officer will exercise options in accordance with the procedures at FAR Subpart
17.2
(Performance Period: October 1, 2008- September 30, 2011)
================================================================================
3.1 Contract Core Requirements (Fixed Price Award Fee)
The Contractor shall provide the necessary services to accomplish the following
technical services in accordance with the SOW. Pricing for Section 1.0 of the
SOW is deemed to be included in the CLIN prices below.
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---------------------------------------------------------------------------------------
CONTRACT
LINE ITEM UNIT Total
(CLIN) DESCRIPTION QTY UNIT PRICE Amount($)
---------------------------------------------------------------------------------------
3002 Program Management in accordance with SOW 3.0 $1,757,100
---------------------------------------------------------------------------------------
3002A ELV Program Management Support(FY 09) 12 MO $ 47,863 $ 574,356
---------------------------------------------------------------------------------------
3002B ELV Program Management Support(FY 10) 12 MO $ 48,801 $ 585,612
---------------------------------------------------------------------------------------
3002C ELV Program Management Support(FY 11) 12 MO $ 49,761 $ 597,132
---------------------------------------------------------------------------------------
3003 Safety and Mission Assurance in accordance with SOW 4.0 $5,070,024
---------------------------------------------------------------------------------------
3003A Safety and Mission Assurance (FY 09) 12 MO $136,054 $1,632,648
---------------------------------------------------------------------------------------
3003B Safety and Mission Assurance (FY 10) 12 MO $140,610 $1,687,320
---------------------------------------------------------------------------------------
3003C Safety and Mission Assurance (FY 11) 12 MO $145,838 $1,750,056
---------------------------------------------------------------------------------------
3004 Launch Site Support Engineering (LSSE) in accord with SOW 5.0 $3,680,592
---------------------------------------------------------------------------------------
3004A LSSE (FY 09) 12 MO $100,258 $1,203,096
---------------------------------------------------------------------------------------
3004B LSSE (FY 10) 12 MO $102,224 $1,226,688
---------------------------------------------------------------------------------------
3004C LSSE (FY 11) 12 MO $104,234 $1,250,808
---------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------
CONTRACT
LINE ITEM UNIT Total
(CLIN) DESCRIPTION QTY UNIT PRICE Amount ($)
--------------------------------------------------------------------------------------
3005 Technical Integration Services in accordance with SOW 6.0 $3,107,160
--------------------------------------------------------------------------------------
3005A Technical Integration Services (FY 09) 12 MO $84,638 $1,015,656
--------------------------------------------------------------------------------------
3005B Technical Integration Services (FY 10) 12 MO $86,298 $1,035,576
--------------------------------------------------------------------------------------
3005C Technical Integration Services (FY 11) 12 MO $87,994 $1,055,928
--------------------------------------------------------------------------------------
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3006 Communications and Telemetry in accordance with SOW 7.0 $9,537,216
---------------------------------------------------------------------------------------
3006A Communications and Telemetry (FY09) 12 MO $259,791 $3,117,492
---------------------------------------------------------------------------------------
3006B Communications and Telemetry (FY10) 12 MO $264,884 $3,178,608
---------------------------------------------------------------------------------------
3006C Communications and Telemetry (FY11) 12 MO $270,093 $3,241,116
---------------------------------------------------------------------------------------
3007 Xxxxxxxxxx AFB Unique in accordance with SOW 8.0 $4,576,308
---------------------------------------------------------------------------------------
3007A Xxxxxxxxxx AFB Unique (FY 09) 12 MO $123,320 $1,479,840
---------------------------------------------------------------------------------------
3007B Xxxxxxxxxx AFB Unique (FY 10) 12 MO $127,233 $1,526,796
---------------------------------------------------------------------------------------
3007C Xxxxxxxxxx AFB Unique (FY 11) 12 MO $130,806 $1,569,672
---------------------------------------------------------------------------------------
Maximum Available Award Fee shall be included in provision B-3 "AWARD FEE".
3.2 Mission Direct Support (IDIQ)
The Government reserves the right to order fixed price, Indefinite
Delivery/Indefinite Quantity (IDIQ) mission direct support services, independent
of core requirements, under these CLINs from the items listed below. The
Contracting Officer may order the services any time by written notice to the
Contractor in accordance with the ordering procedures set forth in Section H of
this contract. Task orders will be performance-based and will be restricted to
the acquisition of "outcomes" where the period of performance and discrete task
objectives will be limited to work and products that can be defined and priced.
The services furnished under this IDIQ article supplement and are in addition to
the services furnished under the contract's core requirements. Notwithstanding
the issuance or pendency of a task/delivery order, the Contractor will not be
entitled to additional payment, beyond the contract price for core requirements,
for any work already required (as to substance, quantity and schedule) under the
contract's/SOW core requirements provisions.
Hourly Rates for Mission-Direct Support Services
---------------------------------------------------------------------------------------------
Ordering
SOW Rate Type Description Unit
---------------------------------------------------------------------------------------------
9.1 Individual A combined average rate for one hour of service performed by Worker Hour
Composite a single skilled worker from Safety & Mission Assurance,
Launch Site Support Engineering, or Technical Integration
Services outside of core hours at KSC or VAFB.
---------------------------------------------------------------------------------------------
9.2 Individual A combined average rate for one hour of service performed by Worker Hour
Composite a single skilled worker from VAFB Operations,
Troubleshooting or Repair outside of core hours.
---------------------------------------------------------------------------------------------
9.3 Full Crew A combined crew rate for one hour of service performed by a Crew Hour
Composite full crew supporting Communications and Telemetry outside of
core hours. This
---------------------------------------------------------------------------------------------
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Expandable Launch Vehicle Integrated Support Contract SNAS10-02026
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---------------------------------------------------------------------------------------------
rate will vary depending upon location of service at KSC or
at VAFB.
---------------------------------------------------------------------------------------------
9.4 Reduced A combined crew rate for one hour of service performed by a Crew Hour
Crew reduced crew supporting Communications and Telemetry outside
Composite of core hours. There are separate rates depending upon
location of service at KSC or VAFB
---------------------------------------------------------------------------------------------
9.5 Individual A combined average rate for one hour of a single skilled Worker Hour
Composite worker performing On-Call Troubleshooting or Repair outside
of core hours.
---------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------
CONTRACT
LINE ITEM Total
(CLIN) DESCRIPTION QTY UNIT Amount ($)
-----------------------------------------------------------------------------------------------------
3008 Mission Direct Support Services
The contractor shall accept task orders issued only by the contracting officer.The
Contractor shall provide the services as ordered to accomplish the following.
-----------------------------------------------------------------------------------------------------
3008A Additional Support for Safety and Mission Assurance,
Launch Site Support Engineering, and Technical As Hr See Table B-3.1
Integration Services, in accordance with SOW 9.1 Ordered
-----------------------------------------------------------------------------------------------------
3008B Additional Support for VAFB Operations,
Troubleshooting and Repair in accordance with SOW
9.2Hourly Support for Communications and Telemetry
Outside of Core Work Shift in accordance with SOW
9.3
-----------------------------------------------------------------------------------------------------
3008BA Scheduled support for VAFB Operations, Troubleshooting As Hr See Table B-3.1
and Repair in accordance with SOW 9.2 Ordered
-----------------------------------------------------------------------------------------------------
Call-out support for VAFB Operations, Troubleshooting As Hr See Table B-3.1
3008BB and Repair in accordance with SOW 9.2 Ordered
-----------------------------------------------------------------------------------------------------
3008C Hourly Support for Communications and
Telemetry Outside of Core Work Shift in
accordance with SOW 9.3
-----------------------------------------------------------------------------------------------------
3008CA KSC Hourly Support for Communications and Telemetry As Hr See Table B-3.1
Outside of Core Work Shift Ordered
-----------------------------------------------------------------------------------------------------
3008CB VAFB Hourly Support for Communications and Telemetry As
Outside of Core Work Shift Ordered Hr See Table B-3.1
-----------------------------------------------------------------------------------------------------
3008D Reduced Support for Communications and
Telemetry Outside of Core Work Shift in
accordance with SOW 9.4.
-----------------------------------------------------------------------------------------------------
3008DA KSC Reduced Support for Communications and Telemetry As
Outside of Core Work Shift Ordered Hr See Table B-3.1
-----------------------------------------------------------------------------------------------------
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----------------------------------------------------------------------------------------------
3008DB VAFB Reduced Support for Communications As Ordered
and Telemetry Outside of Core Work Shift Hr See Table B-3.1
----------------------------------------------------------------------------------------------
3008E On-Call Troubleshooting and Repair Support in accordance with
SOW 9.5
----------------------------------------------------------------------------------------------
3008EA On-Call Troubleshooting and Repair Support in As Ordered Hr See Table B-3.1
accordance with SOW 9.5 -Communication
Technician at KSC.
----------------------------------------------------------------------------------------------
3008EB On-Call Troubleshooting and Repair Support in As Ordered Hr See Table B-3.1
accordance with SOW 9.5 -Communication
Technician at VAFB.
----------------------------------------------------------------------------------------------
3008EC On-Call Troubleshooting and Repair Support in As Ordered Hr See Table B-3.1
accordance with SOW 9.5 -Manager at VAFB.
----------------------------------------------------------------------------------------------
3008F Guard Services at VAFB in accordance with As Ordered 24 hrs See Table B-3.2
SOW 9.6
----------------------------------------------------------------------------------------------
3008G Access Control Monitors (ACM) at VAFB in As Ordered 24 hrs See Table B-3.3
accordance with SOW 9.7
----------------------------------------------------------------------------------------------
Upon identification of a task(s) by the Contracting Officer, a request to the
contractor for estimated number of hours/units required to complete the
identified task(s), and subsequent negotiation of agreed to hours/units, the
Government may issue task orders utilizing the contractor's fully burdened,
fixed-price rates shown in Table B-3.1 to B-3.3. The price in each year includes
all direct costs (including shift differentials as applicable), applicable
indirect costs and anticipated profit.
Table B-3.1 HOURLY LABOR RATES
[*]
Table B-3.2 24 HOUR SHIFT/ACCESS POINT RATES
[*]
Table B-3.3 24 HOUR RATES
[*]
Public Affairs Support (IDIQ)
-----------------------------------------------------------------------------------------------
CONTRACT
LINE ITEM Total
(CLIN) DESCRIPTION QTY UNIT Amount ($)
-----------------------------------------------------------------------------------------------
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-----------------------------------------------------------------------------------------------
3008H Satellite Uplink Services for NASA Public As 24 Hrs See Table B-3.4
Affairs Support in accordance with SOW Ordered
9.8
-----------------------------------------------------------------------------------------------
3008I Public Affairs Support in accordance with As 50 guests See Table B-3.5
SOW 9.9 Ordered
-----------------------------------------------------------------------------------------------
3008J Public Affairs Support accordance with As 25 guests See Table B-3.5
SOW 9.9 Ordered
-----------------------------------------------------------------------------------------------
The Contracting Officer may issue task orders utilizing the contractor's
fixed-prices as shown in Table B-3.4 and 3.5. The price in each year includes
all direct costs (including shift differentials as applicable), applicable
indirect costs and anticipated profit.
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Table B-3.4 Satellite Uplink Services for NASA Public Affairs Support (SOW 9.8)
[*]
Table B-3.5 Public Affairs Support in accordance with SOW 9.9
[*]
3.3 Cost Basis (Non Fee Bearing)
The dynamic nature of the ELV integrated support items makes it impossible to
accurately predict contractor acquired property (CAP), and travel/per-diem. The
Government will account for these requirements as separate CLINs and has
baselined these costs as indicated in the CLINs below. Materials, supplies and
travel, shall be paid at cost, non-fee bearing, in accordance with the clause in
Section I, FAR 52.216-11, Cost Contract - No Fee (APR 1984). The contractor
shall retain original vendor receipts and furnish them to the contracting
officer upon request to substantiate xxxxxxxx. These items will be excluded from
input to the cost base upon which the award fee pool is calculated.
---------------------------------------------------------------------------------------------
CONTRACT
LINE ITEM Total
(CLIN) DESCRIPTION QTY UNIT Estimated Amount
---------------------------------------------------------------------------------------------
3009/3010 Cost Basis
(Non-fee bearing)
The Contractor shall provide the Contractor Acquired Property that must be
authorized, and is subject to a determination by the contracting officer that
it is allocable to the contract and reasonable necessary, for effort related to
fixed price core requirements and travel as required to support performance of
fixed price CLINs 1002 - 1008 in accordance with the SOW.
---------------------------------------------------------------------------------------------
3009 Contractor Acquired Property (CAP) The Contractor shall See Note 1
provide CAP, defined in NFS 1845.502-70, in accordance with
the requirements of the SOW. --
---------------------------------------------------------------------------------------------
3009A CAP (FY 09) 12 MO $ 1,688,825 (NTE)
---------------------------------------------------------------------------------------------
3009B CAP (FY 10) 12 MO $ 1,738,816 (NTE)
---------------------------------------------------------------------------------------------
3009C CAP (FY 11) 12 MO $ 1,790,392 (NTE)
---------------------------------------------------------------------------------------------
3010 Travel and Per Diem The Contractor shall perform travel as See Note 2
required in accordance with the requirements set forth in the
SOW
---------------------------------------------------------------------------------------------
3010A Travel (FY 09) 12 MO $ 172,736 (NTE)
---------------------------------------------------------------------------------------------
3010B Travel (FY 10) 12 MO $ 177,849 (NTE)
---------------------------------------------------------------------------------------------
3010C Travel (FY 11) 12 MO $ 183,124 (NTE)
---------------------------------------------------------------------------------------------
NOTE 1: Cost Basis (Non-Fee-Bearing) Contractor Acquired Property (CAP).
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The Not-To-Exceed (NTE) amount is the ceiling for the cost-reimbursable line
items. Contractor Acquired Property will be reimbursed for incurred costs on a
non-fee bearing basis. All contractor-acquired property must be authorized by
the contract and is subject to a determination by the contracting officer that
it is allocable to the contract and reasonably necessary.
During contract performance the contractor is required to procure items for
which the nature and quantity would not be expected to include in fixed price
requirements (SOW 3.0 - 8.0). Only specific categories of items will be
allowable to be acquired under this CLIN. These types of items include NASA
customer transient office supplies, all expendable, consumable supplies and
materials, (e.g., magnetic tapes, strip charts, clean room garments, components
and piece parts, etc.); all mobile and lift equipment, shop and calibration
equipment, communications equipment, and maintenance equipment.
NOTE2: Travel and Per Diem
Pursuant to Title 11, Section 21 of the Federal Civilian Employee and Contractor
Travel Expense Act of 1985 (PL 99-234), reimbursement for travel associated with
fixed price effort shall be in accordance with the provisions of FAR 31.205-46.
3.4 Vehicle Engineering and Analysis (CPAF)
--------------------------------------------------------------------------------------
CONTRACT
LINE ITEM Total Estimated
(CLIN) DESCRIPTION Cost Award Fee
-------------------------------------------------------------------------------------
3011 Vehicle Engineering and Analysis in $19,598,278 (See Provision B-3)
accordance with SOW 10.0
(Cost-Plus-Award-Fee)
--------------------------------------------------------------------------------------
3.5 Facility Upgrade/Modification/Repair, Design and Construction.
(Fixed-price, Indefinite-delivery, Indefinite quantity)
--------------------------------------------------------------------------------
CONTRACT Total
LINE ITEM Estimated
(CLIN) DESCRIPTION QTY UNIT Amount
--------------------------------------------------------------------------------
3012 Facility Upgrade/Modification/Repair, As JOB $TBD*
Design and Construction in accordance Ordered
with SOW 11.0
--------------------------------------------------------------------------------
The Government reserves the right to order Facility Upgrade/Modification/Repair,
Design and Construction projects under this CLIN. The Contracting Officer may
order the items/services any time by written notice to the Contractor from
10/01/2005 through 9/30/2008. The Contractor shall provide the items/services
necessary in accordance with SOW 11.0.
--------------------------------------------------------------------------------
Task/delivery orders for facilities modifications, design, and/or construction
may be issued to the Contractor at the sole discretion of the contracting
officer. It is agreed that work requests for Facility
Upgrade/Modification/Repair, Design and Construction items may be issued as
fixed price task orders during the term of the contract, and that the Government
has no obligation to issue any such work request. In the event any such
task/delivery orders are issued, they will in accordance with task ordering
procedures in Section H.
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Summary Option Period 2 (FY 2009 thru FY 2011)
------------------------------------------------------------------------
FIXED-PRICE AWARD FEE (CLINS 3002-3007) $27,728,400
------------------------------------------------------------------------
MISSION DIRECT IDIQ (CLINS 3008) $ TBD
------------------------------------------------------------------------
COSTS BASIS (CLINS 3009 &3010) $5,751,742_(NTE)
------------------------------------------------------------------------
ESTIMATED COST (CPAF) (CLINS 3011) $19,598,278
------------------------------------------------------------------------
MAXIMUM AVAILABLE AWARD FEE* (CLINs 3002-3007 and
CP CLIN 3011) $ 2,839,600
------------------------------------------------------------------------
FACILITY (CLINS 3012)
UPGRADE/MODIFICATION/REPAIR,
DESIGN AND CONSTRUCTION (IDIQ) $ TBD
------------------------------------------------------------------------
------------------------------------------------------------------------
TOTAL ESTIMATED CONTRACT VALUE $55,918,020
------------------------------------------------------------------------
B-2 FIRM FIXED PRICE (NFS 1852.216-78) (DEC 1988)(CLIN 0001)
The total firm fixed price for CLIN 0001 of this contract is $ .00
---
(End of Clause)
B-3 AWARD FEE
(a) In addition to the profit/fee set forth elsewhere in the contract, the
Contractor may earn a total award fee amount on the basis of performance during
the evaluation periods.
(b) The amount of award fee earned by the contractor under fixed price CLINs
1002-1007, 2002-2007, 3002-3007 and cost-plus CLINs 1011, 2011 and 3011 shall be
determined in accordance with the Performance Evaluation Plan, Section J,
Attachment J-6.
(c) The maximum available award fee, excluding base fee, if any, is reflected in
Table B-3 below. A portion of the total available award fee (both the fixed
price and cost-plus) in the schedule is allocated to each of the evaluation
periods. This allocation is in equal distributions of fee among the periods.
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Expendable Launch Vehicle Integrated Support Contract NAS10-02026
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Table B-3 Available and Earned Fee
--------------------------------------------------------------------------------
Maximum Mod
Period Evaluation Period Available Fee Earned Fee Score Rating No.
--------------------------------------------------------------------------------
1 07/01/02 - 09/30/02 $217,161 $TBD
--------------------------------------------------------------------------------
2 10/01/02 - 03/31/03 $415,219 $TBD
--------------------------------------------------------------------------------
3 04/01/03 - 09/30/03 $415,219 $TBD
--------------------------------------------------------------------------------
4 10/01/03 - 03/31/04 $417,124 $TBD
--------------------------------------------------------------------------------
5 04/01/04 - 09/30/04 $417,124 $TBD
--------------------------------------------------------------------------------
6 10/01/04 - 03/31/05 $427,479 $TBD
--------------------------------------------------------------------------------
7 04/01/05 - 09/30/05 $427,479 $TBD
--------------------------------------------------------------------------------
OPTION 1
--------------------------------------------------------------------------------
8 10/01/05 - 03/31/06 $439,126 $TBD
--------------------------------------------------------------------------------
9 04/01/06 - 09/30/06 $439,126 $TBD
--------------------------------------------------------------------------------
10 10/01/06 - 03/31/07 $451,744 $TBD
--------------------------------------------------------------------------------
11 04/01/07 - 09/30/07 $451,744 $TBD
--------------------------------------------------------------------------------
12 10/01/07 - 03/31/08 $457,270 $TBD
--------------------------------------------------------------------------------
13 04/01/08 - 09/30/08 $457,270 $TBD
--------------------------------------------------------------------------------
OPTION 2
--------------------------------------------------------------------------------
14 10/01/08 - 03/31/09 $462,309 $TBD
--------------------------------------------------------------------------------
15 04/01/09 - 09/30/09 $462,309 $TBD
--------------------------------------------------------------------------------
16 10/01/09 - 03/31/10 $473,158 $TBD
--------------------------------------------------------------------------------
17 04/01/10 - 09/30/10 $473,158 $TBD
--------------------------------------------------------------------------------
18 10/01/10 - 03/31/11 $484,333 $TBD
--------------------------------------------------------------------------------
19 04/01/11 - 09/30/11 $484,333 $TBD
--------------------------------------------------------------------------------
(End of Clause)
B-4 SPECIAL COST PROVISIONS (Applicable to CLIN's 1011, 2011, 3011)
Without otherwise affecting the applicability of the cost principles set forth
in FAR Part 31 and pursuant to the terms of the contract clause entitled
"Allowable Cost and Payment," the contractor shall be reimbursed for such actual
and allowable expenditures incurred in the performance of work required by this
contract as may be approved by the contracting officer subject to the following
limitations and provisions:
A. Provisional Billing Rates and Reimbursement Ceiling Rates
1. Provisional billing rates for overhead and G&A costs will be specified in
writing under separate cover, and may be revised either retroactively or
prospectively by the contracting officer. In accordance with FAR Clause
52.216-15, the contractor shall submit within 90 days after its fiscal year end,
and on an annual basis, a copy of its final indirect cost rates proposal to the
contracting officer concurrent with the submission to the Corporate
Administrative Contracting Officer (CACO) responsible for settlement of the
indirect rates.
2. Notwithstanding the terms of the contract clause entitled "Allowable Cost and
Payment," the contractor shall not be reimbursed for G&A costs in excess of the
established ceilings.
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3. Costs attributable to a rate increase in excess of the established G&A
ceiling rates shall be unallowable unless caused by compliance with new
mandatory state or Federal requirements. If the contractor incurs costs in
excess of the ceiling rates and wishes to obtain reimbursement, it shall submit
a proposal to the contracting officer setting forth fully and completely the
facts and circumstances believed to be responsible for the incurrence of costs
above the ceiling(s). The contracting officer may make an equitable adjustment
to the contract ceiling(s) if and to the extent the contractor's proposal
demonstrates that costs incurred in excess of the ceiling(s) were attributable
to the circumstances described above and were not reasonably susceptible to
being offset by reasonable and prudent reductions in indirect costs in other
areas within the contractor's control.
4. The contractor shall not make changes to its methods of allocating G&A costs
subject to ceilings in order to charge these costs to indirect expense pools not
subject to ceilings without the approval of the contracting officer. The
contractor shall be responsible for applying this same methodology to its
subcontractors whose contracts are cost reimbursable.
B. Fringe Benefits
The contractor shall inform the contracting officer of all proposed changes in
fringe benefits which may result in an increased cost to the contract as soon as
practicable but, in any event, prior to such changes being implemented. Fringe
benefits include, but are not limited to, such items as health insurance, life
insurance, pension plans, retiree health care, savings plans, bonus plans,
education assistance, and leave policies. Failure to comply with the terms of
this clause may result in the disallowance of costs.
C. Transfer of Accrued Benefits
The successful offeror will accept transfer of accrued sick leave hours of
personnel hired from the incumbent contractor without a break in service from
the predecessor contract in excess of 60 days. However, the costs of these
carry-over hours will not be paid under the successor contract unless used.
Additionally, the successor contractor will recognize the vacation accrual
rates, earned through seniority, of personnel hired from the incumbent
contractor without a break in service from the predecessor contract in excess of
60 days.
(End of provision)
B-5 MINIMUM/MAXIMUM IDIQ CONTRACT VALUE
For the IDIQ portion of this contract, the guaranteed minimum quantity of work
is covered by the fixed price core work.
There will be no further obligation on the part of the Government to issue any
orders. The total maximum quantity ordered under this contract shall not exceed
$4 Million per year. All orders placed under this contract will be applied to
the guaranteed minimum and maximum.
(End of text)
[END OF SECTION]
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SECTION C
DESCRIPTION/SPECIFICATION/WORK STATEMENT
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C-1 SCOPE OF WORK (KSC 52.210-90) (FEB 1990)(Modified)
The Contractor shall, in accordance with the terms and conditions set forth
herein, manage and provide the non-personal services, products and data for NASA
as described in Statement of Work for Expendable Launch Vehicles Integrated
Support, attached hereto and made part of Section J, Attachment J-1.
The Contractor's obligation under the cost reimbursement contract line item
includes resolution of unusual or emergency situations or increased work volume,
which may occur from time to time. Such requirements shall be considered to be
within the scope of the contract, entirely within the Contractor's original
contractual obligation, and will not constitute nor be construed as a change
within the meaning of the "Changes" clause of this contract. However, if
assigned work is considered by the Contractor to be outside the scope of his
contractual obligation, the Contractor (before performing any effort pursuant to
such Government direction) shall refer such question to the Contracting Officer
for resolution.
C-2 DATA REQUIREMENTS LIST
The Contractor shall furnish all data identified and described in Attachment
J-2, Appendix 1 (Data Requirements List - KSC Form 16-245, hereinafter called
DRL) and in supplemental DRLs to be subsequently furnished to the Contractor for
additional data, which the Government is authorized to request in accordance
with the terms of this contract. Such data shall be prepared in accordance with
the Data Requirement Description - KSC Form 16-246 (hereinafter called DRD)
attached to the DRL and referenced in the DRL for each line item of data
specified in the DRL.
The Government reserves the right to reasonably defer the dates of delivery of
any or all line items of data specified in the DRL. Such right may be exercised
at no increase in the contract amount. The Government also reserves the right to
terminate the requirement for any or all line items of data specified in the
DRL. In the event the Government exercises this right, the contract amount shall
be subject to equitable adjustment in accordance with the Changes clause."
To the extent that data required to be furnished by other provisions of this
contract are also identified and described in the DRL, or supplemental DRLs, and
in the DRDs referenced in such DRL(s), compliance with the DRL shall be accepted
as compliance with such other provisions. In the event of conflict between the
identity and description of data called for by specific provisions of this
contract and the DRL or DRDs, the DRL and DRDs shall control the data to be
furnished.
Nothing contained in this Data Requirements List provision shall relieve the
Contractor from furnishing data called for by, or under the authority of, other
provisions of this contract, which are not identified and described in the DRL
attached to this contract. Whenever such data are identified, either by the
Contractor or the Government, they will be listed on a DRL and described on
DRDs.
Except as otherwise provided in this contract, the cost of data to be furnished
in response to the DRL attached to this contract is included in the total
contract value.
[END OF SECTION]
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SECTION D
PACKAGING AND MARKING
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D-1 PACKAGING, HANDLING, AND TRANSPORTATION (NFS 1852.211-70) (JUNE 2000)
(a) The Contractor shall comply with NPG 6000.1E, "Requirements for Packaging,
Handling, and Transportation for Aeronautical and Space Systems, Equipment, and
Associated Components", dated April 26, 1999, as may be supplemented by the
statement of work of specifications of this contract, for all items designated
as Class I, II, or III.
(b) The Contractor's packaging, handling, and transportation procedures may be
used, in whole or in part, subject to the written approval of the Contracting
Officer, provided (1) the Contractor's procedures are not in conflict with any
requirements of this contract, and (2) the requirements of this contract shall
take precedence in the event of any conflict with the Contractor's procedures.
(c) The Contractor must place the requirements of this clause in all
subcontracts for items that will become components of deliverable class I, II or
III items.
(End of Clause)
D-2 MATERIAL INSPECTION AND RECEIVING REPORT (NFS 1852.246-72) (JUN 1995)
(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 [Insert number of copies, including original] copies, an
original and copies [Insert number of copies].
(b) The Contractor shall prepare the DD Form 250 in accordance with NASA FAR
Supplement 1846.672-1. The Contractor shall enclose the copies of the DD Form
250 in the package or seal them in a waterproof envelope, which shall be
securely attached to the exterior of the package in the most protected location.
(c) When more than one package is involved in a shipment, the Contractor shall
list on the DD Form 250, as additional information, the quantity of packages and
the package numbers. The Contractor shall forward the DD Form 250 with the
lowest numbered package of the shipment and print the words "CONTAINS DD FORM
250" on the package.
(End of clause)
D-3 MARKING INSTRUCTIONS (KSC 52.247-92) (NOV 2000)
Transportation Officer, NASA
X-XXXX Xxxxxxxxx, Xxxxxxxx X0-000
Xxxxxxx Space Center, Florida 32899
In addition, special marks or ultimate consignee will be shown as:
Marked For: Ultimate Consignee
Mail Code
-----------------
Building #
------------------
Contract #
-----------------
(End of Clause)
[END OF SECTION]
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SECTION E
INSPECTION AND ACCEPTANCE
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E-1 LISTING OF CLAUSES INCORPORATED BY REFERENCE
NOTICE: The following contract clauses pertinent to this section are hereby
incorporated by reference:
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
CLAUSE
NUMBER DATE TITLE
52.246-3 APR 1984 INSPECTION OF SUPPLIES -- COST-REIMBURSEMENT
52.246-4 AUG 1996 INSPECTION OF SERVICES -- FIXED-PRICE
52.246-5 APR 1984 INSPECTION OF SERVICES -- COST-REIMBURSEMENT
52.246-10 FEB 1999 INSPECTION OF FACILITIES
52.246-12 AUG 1996 INSPECTION OF CONSTRUCTION
52.246-13 AUG 1996 INSPECTION - DISMANTLING, DEMOLITION, OR
REMOVAL OF IMPROVEMENTS
52.246-16 APR 1984 RESPONSIBILITY FOR SUPPLIES
E-2 INSPECTIONS AND ACCEPTANCE
Inspection and acceptance shall be in accordance with FAR Clauses contained
herein and shall be performed at Xxxxxxxxxx Air Force Base, CA and Xxxxxxx Space
Center, Cape Canaveral Air Station, FL and such other places of performance or
delivery of work required under this contract.
E-3 QUALITY ASSURANCE REQUIREMENTS
The contractor shall establish and maintain a quality control system that
satisfies the requirements of ANSI/ ISO/ASQC Q9001-1994 or Q9001-2000, "Quality
Systems-Model for Quality Assurance Production Installation and Servicing" and
amendments thereto. If the Contractor's quality control system is compliant to
the Q9001-1994 revision, it must be transitioned to Q9001-2000 revision by
December 2003.
A detailed quality manual, in accordance with the Statement of Work, is
incorporated as Section J, Attachment 9 . If applicable, the Contractor will
submit an updated manual by December 2003 when the Contractor's quality control
system is revised to comply with the Q9001-2000 revision. The revised manual
will be incorporated to replace Section J, Attachment 9.
(End of Clause)
[END OF SECTION]
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SECTION F
DELIVERIES OR PERFORMANCE
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F-1 LISTING OF CLAUSES INCORPORATED BY REFERENCE
NOTICE: The following contract clauses pertinent to this section are hereby
incorporated by reference:
I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
CLAUSE
NUMBER DATE TITLE
52.242-15 AUG 1989 STOP-WORK ORDER (ALTERNATE I)
52.252-16 AUG 1989 STOP-WORK ORDER - FACILITIES
52.247-29 JUN 1988 F.O.B. ORIGIN
X-0 XXXXX XX XXXXXXXXXXX (KSC 52.212-92) (FEB 1990)
The place of performance shall be at Xxxxxxxxxx Air Force Base, CA; Xxxxxxx
Space Center, Cape Canaveral Air Force Station, FL; Launch Service Provider
facilities; and, other launch sites as approved by the Contracting Officer.
(End of Clause)
F-3 PERIOD OF PERFORMANCE AND EFFECTIVE ORDERING PERIOD
The basic period of performance and effective ordering period of this contract
shall be for a period of three years, four months from the effective date of the
contract. Task Orders may be issued under this contract during the basic
performance period and option periods.
Government
Period of Performance Fiscal Year CLINs
------------------------------------ ----------- -----------
Phase-In KSC: June1, 02 -July 7, 02 FY02 1001
VAFB: June 1-30, 2002
Basic Period KSC: July 08, 02 - September 30, 05 FY02-05 1002 - 1012
VAFB: July 01, 02 - September 30, 05
Option Period 1 October 01, 05 - September 30, 08 FY06-08 2002 - 2012
Option Period 2 October 01, 08 - September 30, 11 FY09-11 3002 - 3012
(End of Text)
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[END OF SECTION]
SECTION G
CONTRACT ADMINISTRATION DATA
--------------------------------------------------------------------------------
G-1 LISTING OF CLAUSES INCORPORATED BY REFERENCE
NOTICE: The following contract clauses pertinent to this section are hereby
incorporated by reference:
CLAUSE
NUMBER DATE TITLE
52.227-11 JUN 1997 PATENT RIGHTS -- RETENTION BY THE CONTRACTOR (SHORT
FORM)--as modified by NASA FAR Supplement 1852.227-11
1852.227-70 NOV 1998 NEW TECHNOLOGY
1852.242-73 JUL 1997 NASA CONTRACTOR FINANCIAL MANAGEMENT REPORTING
1852.245-70 JUL 1997 CONTRACTOR REQUESTS FOR GOVERNMENT-OWNED EQUIPMENT
(End Of Clause)
G-2 AUTONOMOUS CONTRACTOR OPERATION
The contractor shall appoint a duly authorized representative at the work site
with full authority to receive and execute, on behalf of the Contractor, such
contract modifications, notices, policy directives, etc., as may be issued
pursuant to the terms of this contract.
G-3 INVOICING AND PAYMENT FOR FIXED-PRICE CONTRACT LINE ITEMS (CLINS)
(a) The contractor shall submit a single invoice for CLIN 0001 after completion
of 30- day phase-in services. The CLIN number and dates of services performed
must be included in the invoice.
(b) The contractor shall submit a single monthly invoice for fixed price
services delivered under the Schedule B contract line items. The applicable CLIN
numbers and the dates of services performed must be included in the invoice.
(c) The contractor shall submit invoices for each IDIQ Task Order, containing a
period of performance less than 30 days, after delivery of the services ordered.
The CLIN number, Task Order Number and dates of the services performed must be
included in the invoice.
(d) IDIQ Task Orders containing a period of performance greater than 30 days are
eligible for performance-based payments, or customary progress payments,
depending on the nature of the services provided. In these cases, specific
payment terms will be included within the task order. The CLIN number, Task
Order Number and dates of the services performed must be included in the
invoice.
(e) IDIQ Task Orders for Construction and Facilities Modifications shall be
invoiced and paid in accordance with FAR 52.232-5, entitled Payments under
Fixed-Price Construction Contracts. The CLIN number, Task Order Number and dates
of the services performed must be included in the invoice.
All invoice payments for Construction are subject to acceptance by the
government, as described in FAR 52. 232-27, entitled Prompt Payment for
Construction Contracts. All other invoice payments are subject to acceptance by
the government, as described in FAR 52.232-25, entitled Prompt Payment.
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Invoices for items (a) through (e) shall be submitted to the address below with
copies to the Contracting Officer and the Contracting Officer's Technical
Representative (COTR).
Xxxx X. Xxxxxxx Space Center, NASA
General Accounting, A/P, GG-B-C2
Xxxxxxx Space center, FL 32899
Instructions for Invoicing and Payment for Cost-Reimbursable Contract Line Items
and Award Fee are described below in G-4.
G-4 AWARD FEE FOR SERVICE CONTRACTS (NFS 1852.216-76) (JUN 2000)
(a) The contractor can earn award fee from a minimum of zero dollars to the
maximum stated in B-3, "Estimated Cost and Award Fee", NASA FAR Supplement
clause 1852.216-85, in this contract.
(b) Beginning 4 months after the effective date of this contract, the Government
shall evaluate the Contractor's performance every 6 months to determine the
amount of award fee earned by the contractor during the period, including option
periods if exercised. The Contractor may submit a self-evaluation of performance
for each evaluation period under consideration. These self-evaluations will be
considered by the Government in its evaluation. The Government's Fee
Determination Official (FDO) will determine the award fee amounts based on the
Contractor's performance in accordance with Section J, Attachment J-6,
"Performance Evaluation Plan". The plan may be revised unilaterally by the
Government prior to the beginning of any rating period to redirect emphasis.
(c) The Government will advise the Contractor in writing of the evaluation
results. The Government will make payment based on issuance of unilateral
modification to the contract by contracting officer.
(d) After 85 percent of the potential award fee has been paid, the Contracting
Officer may direct the withholding of further payment of award fee until a
reserve is set aside in an amount that the Contracting Officer considers
necessary to protect the Government's interest. This reserve shall not exceed 15
percent of the total potential award fee.
(e) The amount of award fee that can be awarded in each evaluation period is
limited to the amounts for each contract year set forth at B-3. Award fee that
is not earned in an evaluation period cannot be reallocated to future evaluation
periods.
(f) (1) Provisional award fee payments will be made under this contract pending
the determination of the amount of fee earned for an evaluation period. If
applicable, provisional award fee payments will be made to the Contractor on a
monthly basis. The total amount of award fee available in an evaluation period
that will be provisionally paid is 75 percent of 1/6 of the current periods
maximum potential award fee or the prior period's evaluation score.
(2) Provisional award fee payments will be superseded by the final award fee
evaluation for that period. If provisional payments exceed the final evaluation
score, the Contractor will either credit the next payment voucher for the amount
of such overpayment or refund the difference to the Government, as directed by
the Contracting Officer.
(3) If the Contracting Officer determines that the Contractor will not achieve a
level of performance commensurate with the provisional rate, payment of
provisional award fee will be discontinued or
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reduced in such amounts as the Contracting Officer deems appropriate. The
Contracting Officer will notify the Contractor in writing if it is determined
that such discontinuance or reduction is appropriate.
(4) Provisional award fee payments will be made prior to the first award fee
determination by the Government.
(g) Award fee determinations are unilateral decisions made solely at the
discretion of the Government.
(End of clause)
G-5 SUBMISSION OF VOUCHERS FOR PAYMENT (NFS 1852.216-87) (MARCH 1998)
(a) The designated billing office for cost vouchers for purposes of the Prompt
Payment clause of this contract is indicated below. Public vouchers for payment
of costs shall include a reference to the number of this contract.
(b)(1) If the contractor is authorized to submit interim cost vouchers directly
to the NASA paying office, the original voucher should be submitted to:
(i) For approval: Cost Vouchers, forward not more often than once every two
weeks:
Xxxx X. Xxxxxxx Space Center, NASA
Procurement Office/OP-OS-ELV
Xxxxxxx Space center, FL 32899
(ii) For payment:
Xxxx X. Xxxxxxx Space Center, NASA
General Accounting, A/P, GG-B-C2
Xxxxxxx Space center, FL 32899
(2) For any period that the Defense Contract Audit Agency has authorized the
Contractor to submit interim cost vouchers directly to the Government paying
office, interim vouchers are not required to be sent to the Auditor, and are
considered to be provisionally approved for payment, subject to final audit.
(3) Copies of vouchers should be submitted as directed by the Contracting
Officer.
(c) If the contractor is not authorized to submit interim cost vouchers
directly to the paying office as described in paragraph (b), the contractor
shall prepare and submit vouchers as follows:
(1) One original and two copies of Standard Form (SF) 1034, SF 1035, or
equivalent Contractor's attachment to:
Cognizant DCAA Audit Office
(2) Two copies of SF 1034, SF 1035A, or equivalent Contractor's attachment to
the following offices by insertion in the memorandum block of their names and
addresses:
(i) NASA Contracting Officer (1 copy)
(ii) Project Management Office/COTR (1copy)
(3) The Contracting Officer may designate other recipients as
required.
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(d) Award Fee: Pursuant to the clause 1852.216-76, Award Fee for Service
Contracts, the amount of award fee earned, when determined, shall be reflected
in a unilateral contract modification issued by the Contracting Officer. The
payment office will make payment based on the unilateral modification.
Public vouchers for payment of fee shall be prepared similarly to the
procedures in paragraphs (b) or (c) of this clause, whichever is applicable,
and be forwarded to:
(i) For approval: Award Fee Vouchers, forward not more often than once a
month:
Xxxx X. Xxxxxxx Space Center, NASA
Procurement Office/OP-OS-ELV
Xxxxxxx Space center, FL 32899
(ii) For payment:
Xxxx X. Xxxxxxx Space Center, NASA
General Accounting, A/P, GG-B-C2
Xxxxxxx Space center, FL 32899
This is the designated billing office for fee vouchers for purposes of the
Prompt Payment clause of this contract.
(e) In the event that amounts are withheld from payment in accordance with
provisions of this contract, a separate voucher for the amount withheld will be
required before payment for that amount may be made.
(End of Clause)
G-6 DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE AND PATENT REPRESENTATIVE (NFS
1852.227-72) (JULY 1997)
(a) For purposes of administration of the clause of this contract entitled "New
Technology" or "Patent Rights--Retention by the Contractor (Short Form),"
whichever is included, the following named representatives are hereby
designated by the Contracting Officer to administer such clause:
========================================================================
Title Office Code Address (including zip code)
------------------------------------------------------------------------
New Technology YA-C1 Xxxx X. Xxxxxxx Space Center Attn: Xxxxx
Representative Makufka
Technology Transfer Officer
XXXX/XX-X0
Xxxxxxx Xxxxx Xxxxxx, XX 00000
------------------------------------------------------------------------
Patent CC-A Xxxx X. Xxxxxxx Space Center Attn:
Representative Xxxxx Xxxxx
Patent Counsel
NASA/CC-A
Xxxxxxx Space Xxxxxx, XX 00000
========================================================================
(b) Reports of reportable items, and disclosure of subject inventions, interim
reports, final reports, utilization reports, and other reports required by the
clause, as well as any correspondence with respect to such matters, should be
directed to the New Technology Representative unless transmitted in response to
correspondence or request from the Patent Representative. Inquires or requests
regarding disposition of rights, election of rights, or related matters should
be directed to the Patent Representative. This clause shall be included in any
subcontract hereunder requiring a "New Technology" clause or "Patent
Rights--Retention by the Contractor (Short Form)" clause, unless otherwise
authorized or directed by the Contracting Officer. The respective
responsibilities and authorities of the above-named representatives are set
forth in 1827.305-370 of the NASA FAR Supplement.
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(End of clause)
X-0 XXXXXX XXXXXXX XX XXX XXXXXX XXXXXX
(a) The Contracting Officer must authorize in advance and in writing travel to
locations outside of the United States by Contractor employees that is to be
charged as a cost to this contract. This approval may be granted when the travel
is necessary to the efforts required under the contract and it is otherwise in
the best interest of NASA.
(b) The Contractor shall submit requests to the Contracting Officer at least 30
days in advance of the start of the travel. The Contracting Officer may waive
the 30 days advance notice for emergency travel or for other unforeseen travel
requirements outside the United States.
(c) The Contractor shall submit a travel report at the conclusion of the travel.
The Contracting Officer's approval of the travel will specify the required
contents and distribution of the travel report.
(End of Clause)
G-8 INSTALLATION-ACCOUNTABLE GOVERNMENT PROPERTY (NFS 1852.245-71) (JUN 1998)
(a) The Government property described in the clause at 1852.245-77, List of
Installation- Accountable Property and Services, shall 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. Under this clause, the Government
retains accountability for, and title to, the property, and the Contractor
assumes the following user responsibilities:
Property Custodian and User Responsibilities defined in
NPD 4200.1 and NPG 4200.1
The contractor shall establish and adhere to a system of written procedures for
compliance with these user responsibilities. Such procedures must include
holding employees liable, when appropriate, for loss, damage, or destruction of
Government property.
(b)(1) The official accountable record-keeping, physical inventory, financial
control, and reporting of the property subject to this clause shall be retained
by the Government and accomplished by the installation Supply and Equipment
Management Officer (SEMO) and Financial Management Officer. If this contract
provides for the contractor to acquire property, title to which will vest in
the Government, the following additional procedures apply:
(i) The contractor's purchase order shall require the vendor to deliver the
property to the installation central receiving area;
(ii) The contractor shall furnish a copy of each purchase order, prior to
delivery by the vendor, to the installation central receiving area:
(iii) The contractor shall establish a record of the property as required by
FAR 45.5 and 1845.5 and furnish to the Industrial Property Officer a DD Form
1149 Requisition and Invoice/Shipping Document (or installation equivalent) to
transfer accountability to the Government within 5 working days after receipt
of the property by the contractor. The contractor is accountable for all
contractor-acquired property until the property is transferred to the
Government's accountability.
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(iv) Contractor use of Government property at an off-site location and off-site
subcontractor use require advance approval of the contracting officer and
notification of the SEMO. The contractor shall assume accountability and
financial reporting responsibility for such property. The contractor shall
establish records and property control procedures and maintain the property in
accordance with the requirements of FAR Part 45.5 until its return to the
installation.
(2) After transfer of accountability to the Government, the contractor shall
continue to maintain such internal records as are necessary to execute the user
responsibilities identified in paragraph (a) 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.
(End of clause)
G-9 LIST OF INSTALLATION-ACCOUNTABLE PROPERTY AND SERVICES (NFS 1852.245-77)
(JUL 1997)
In accordance with the clause at 1852.245-71, Installation-Accountable
Government Property, the Contractor is authorized use of the types of property
and services listed below, to the extent they are available, in the performance
of this contract within the physical borders of the installation which may
include buildings and space owned or directly leased by NASA in close proximity
to the installation, if so designated by the Contracting Officer.
(a) Office space, work area space, and utilities. Government telephones are
available for official purposes only; pay telephones are available for
contractor employees for unofficial calls.
(b) General-and special-purpose equipment, including office furniture.
(1) Equipment to be made available is listed in Xxxxxxx X, Xxxxxxxxxx X-0,
"Installation Provided Property List". The Government retains accountability
for this property under the clause at 1852.245-71, Installation-Accountable
Government Property, regardless of its authorized location.
(2) 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 as
required by the clause at 1852.245-71, Installation-Accountable Government
Property.
(3) 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.
(c) Supplies from stores stock.
(d) Publications and blank forms stocked by the installation.
(e) Safety and fire protection for Contractor personnel and facilities.
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(f) Installation service facilities: ["None"].
(g) Medical treatment of a first-aid nature for Contractor personnel injuries
or illnesses sustained during on-site duty.
(h) Cafeteria privileges for Contractor employees during normal operating
hours.
(i) Building maintenance for facilities occupied by Contractor personnel.
(j) Moving and hauling for office moves, movement of large equipment, and
delivery of supplies. Moving services shall be provided on-site, as approved by
the Contracting Officer.
(k) The user responsibilities of the Contractor are defined in paragraph (a) of
the clause at 1852.245-71, Installation-Accountable Government Property.
(End of Clause)
G-10 CERTIFICATION FOR SERVICES AND/OR RECEIPT OF SUPPLIES (KSC 52.212-94) (SEP
1998)
Certification of services performed hereunder and/or receipt of supplies
furnished shall be accomplished by the Contracting Officer's Technical
Representative, COTR, Mail Code VA-C. The original and a copy of the
certificate shall be forwarded by the certifying official without delay to the
General Accounting, A/P, KSC, Attention: Code GG-B-C2. An information copy
shall be furnished to the Contracting Officer, KSC, attention: Code OP-OSO-ELV.
(End of Clause)
G-11 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT) (NFS 1852.232-77) (MARCH 1989)
(Modified)
(a) Of the total price of all fixed-price contract line items (CLIN's) the sum
of $1,387,584.00 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 accordance with the following schedule, until the
total price of said items is allotted:
SCHEDULE FOR ALLOTMENT OF FUNDS
Table G-1 CONTRACT FUNDING FOR FIXED-PRICE
------------------------------------------------------------------
MOD No FP CONTRACT VALUE CONTRACT FUNDING* ADEQUATE THRU
------------------------------------------------------------------
At Award $ 24,930,725 $1,387,584 AUGUST 31, 2002
------------------------------------------------------------------
------------------------------------------------------------------
------------------------------------------------------------------
------------------------------------------------------------------
------------------------------------------------------------------
(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
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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 (see table G-1).
(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.
(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.
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(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 clause)
G-12 CONTRACT FUNDING (NFS 1852.232-81) (JUN 1990) (Modified)
(a) For purposes of payment of cost, exclusive of fee, in accordance with the
Limitation of Funds Clause, the total amount allotted by the government for the
Cost-Reimbursable portion of this contract is shown in the table below. These
allotments are applicable to the ELVIS services provided in all
Cost-Reimbursable Services, except CLIN's funded by Task Orders, and are
considered adequate to reimburse the contractor's performance through the dates
shown in the table.
Table G-2 CONTRACT FUNDING FOR COST-REIMBURSABLE
------------------------------------------------------------------
MOD No CR CONTRACT VALUE CONTRACT FUNDING* ADEQUATE THRU
------------------------------------------------------------------
At Award $ 26,233,466 $ 1,460,092 AUGUST 31, 2002
------------------------------------------------------------------
------------------------------------------------------------------
(b) An additional amount obligated under this contract for payment of fee for
fixed price and cost-reimbursement is shown in the table below.
---------------------------------------------------------------
MAXIMUM
MOD No AVAILABLE AWARD
FEE CONTRACT FUNDING ADEQUATE THRU
---------------------------------------------------------------
At Award $ 2,736,805 $152,324 AUGUST 31, 2002
---------------------------------------------------------------
---------------------------------------------------------------
(End of clause)
G-13 CONTRACT FUNDING FOR PAYMENT OF AWARD FEE
The total amount allotted by the government to this contract for payment of
Award Fee is shown in the Table below. This Award Fee funding is applicable to
both the Fixed-Price and the Cost-Reimbursable Contract Line Items.
Table G-3 Contract Funding for Award Fee
-------------------------------------------------------------------------
Award Fee Period Modification Award Fee Earned Cumulative Award Fee
-------------------------------------------------------------------------
-------------------------------------------------------------------------
-------------------------------------------------------------------------
-------------------------------------------------------------------------
-------------------------------------------------------------------------
(End of Clause)
[END OF SECTION]
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SECTION H - SPECIAL CONTRACT REQUIREMENTS
H-1 LISTING OF CLAUSES INCORPORATED BY REFERENCE
NOTICE: The following contract clauses pertinent to this section are hereby
incorporated by reference:
CLAUSE
NUMBER DATE TITLE
----------- -------- -----
52.223-5 APR 1998 POLLUTION PREVENTION AND RIGHT TO-KNOW INFORMATION
1852.204-74 AUG 2000 CENTRAL CONTRACTOR REGISTRATION
1852.208-81 AUG 1993 RESTRICTIONS ON PRINTING AND DUPLICATING
1852.223-74 MAR 1996 DRUG- AND ALCOHOL-FREE WORKFORCE
1852.225-70 FEB 2000 EXPORT LICENCES (ALTERNATE I)
Insert in Paragraph (b): NASA/KSC and NASA/VAFB
1852.228-72 SEP 1993 CROSS-WAIVER OF LIABILITY FOR SPACE SHUTTLE SERVICES
1852.228-75 OCT 1988 MINIMUM INSURANCE COVERAGE
1852.228-78 SEP 1993 CROSS-WAIVER OF LIABILITY FOR NASA EXPENDABLE LAUNCH
VEHICLE (ELV) LAUNCHES
H-2 ORGANIZATIONAL CONFLICT OF INTEREST
(a) It has been determined that the services to be provided under this contract
create significant potential Organizational Conflicts of Interest with current
and future launch service providers.
(b) The contractor will assist in analyzing products and activities of various
KSC contractors involved in processing flight and payload hardware and software;
support NASA's internal risk assessment and management process; review mission
compatibility drawings provided by the launch service providers; verify overall
launch service provider compliance with test procedures and acceptance test
results; maintain cognizance of hardware productions, design changes and
non-conformances at prime launch service provider facilities; and, provide ELV
telemetry and communications at various locations. The nature of the potential
conflicts arises from the contractor's participation as the primary source of
launch vehicle engineering and analysis and its related and necessary access to
various types and levels of data and processes that are proprietary to the
various launch and payload services contractors. Based on these significant
potential organizational conflicts of interest, launch service providers are
ineligible to respond to the solicitation and be considered for award as either
a prime or a subcontractor. A launch service provider, for the purposes of this
provision, is defined as a prime contractor or subcontractor that designs,
assembles, launches and/or manufactures a launch vehicle.
(c) The prime contractor and its major subcontractors shall not compete directly
or as a competitive team member in any solicitation for NASA launch services and
shall be ineligible for award of a prime contract for launch services for NASA,
or any level subcontract there under, during their incumbency on this contract
and for a period five years after expiration or other termination of this
contract.
(d) For purposes of this clause, "major subcontractor" means a subcontractor
responsible for services under this contract equal to or greater than 15% or
more of direct labor cost during the life of the contract, or a subcontractor
which as a result of performance under this contract is provided or obtains
access to materials, data, processes or other matters of a non-public nature
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which are proprietary to a third party serving as a launch services
contractor/subcontractor, launch processing contractor/subcontractor, or payload
manufacturing and/or processing contractor/subcontractor.
(e) The contractor and its subcontractor(s), if any, shall flow down the
requirements of this clause to all subcontracts, at any tier, unless the
cognizant Contracting Officer has agreed in advance in writing that, based on
the nature of the services to be acquired and the access associated therewith,
the potential for an organizational conflict of interest under the proposed
subcontract arrangement is too remote to require application of the clause to
that specific subcontract.
(End of Text)
H-3 HANDLING OF DATA
(a) In the performance of this contract, it is anticipated that the Contractor
may have access to, be furnished, or use the following categories of data (which
may be technical data, computer software, administrative, management
information, or financial, including cost or pricing):
(1) Data of third parties which NASA has agreed to handle under protective
arrangements; and
(2) NASA-generated data not releasable under the Freedom of Information Act
(FOIA), the use and dissemination of which, the NASA intends to control.
(b) In order to protect the interests of NASA and the owners, licensors and
licensees of such data, the Contractor agrees, with respect to any such third
party or NASA-generated data that is either marked with a restrictive legend,
specifically identified in this contract, or otherwise identified in writing by
the Contracting Officer as being subject to this clause, to:
(1) Use, disclose, and reproduce such data only to the extent necessary to
perform the work required under this contract;
(2) Allow access to such data only to those of its employees that require access
for their performance under this contract;
(3) Preclude access and disclosure of such data outside the Contractor's
organization; and
(4) Return or dispose of such data, as the Contracting Officer may direct, when
the data is no longer needed for contract performance.
(c) The Contractor agrees to inform and instruct its employees of its and their
obligations under this clause and to appropriately bind its employees
contractually to comply with the access, use, disclosure, and reproduction
provisions of this clause. The Contractor agrees to enter into non-disclosure
agreements with Launch Service Providers (LSP) and any other launch vehicle
manufacturers to the extent that the performance of employee duties requires
access to information/data properly marked as proprietary by the LSP or launch
vehicle manufacturers.
(d) In the event that data includes a legend that the Contractor deems to be
ambiguous or unauthorized, the Contractor may inform the Contracting Officer of
such condition. Notwithstanding such a legend, as long as such legend provides
an indication that a restriction on use or disclosure was intended, the
Contractor shall treat such data pursuant to the requirements of this clause
unless otherwise directed, in writing, by the Contracting Officer.
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(e) Notwithstanding the above, the Contractor shall not be restricted in use,
disclosure, and reproduction of any data that:
(1) Is, or becomes, generally available or public knowledge without breach of
this clause by the Contractor;
(2) Is known to, in the possession of, or is developed by the Contractor
independently of any disclosure of, or without reference to, proprietary,
restricted, confidential, or otherwise protectable data under this clause;
(3) Is rightfully received by the Contractor from a third party without
restriction;
(4) Or is required to be produced by the Contractor pursuant to a court order or
other Government action.
If the Contractor believes that any of these events or conditions that remove
restrictions on the use, disclosure, and reproduction of the data apply, the
Contractor shall promptly notify the Contracting Officer of such belief prior to
acting on such belief, and, in any event, shall give notice to the Contracting
Officer prior to any unrestricted use, disclosure, or reproduction of such data.
(End of clause)
H-4 CONVERSION TO FIXED PRICE (CPAF CLIN ONLY)
NASA expects to shift risk to the contractor as it collects performance and cost
data under the contract. If other than a cost plus award fee contract type
becomes more appropriate for the subject CLIN, NASA would, in lieu of exercising
the next option, consider re-procuring the requirement using the different
contract type. If, after analysis, NASA decides to exercise the option, the
parties must first negotiate, in good faith, to revise the contract type.
(End of Clause)
H-5 GOVERNMENT FURNISHED SERVICES
The government will furnish the following services to the contractor at KSC and
VAFB (as noted) on a no-charge-for-use basis to the extent reasonably necessary
for the contractor to fulfill its contractual obligations:
Calibration and Standards Services (KSC & VAFB)
Central receiving (KSC Only)
Conference Room (Mission Briefing Room in the Operations &Checkout Bldg,
Training Auditorium) audio/video set up support (KSC Only)
Administrative Desktop Computers (existing Section J Attachment 4 desktop
computers will be provided "As Is," maintenance and replacement are the
responsibility of the contractor). (KSC & VAFB)
Emergency Medical Services (KSC & VAFB)
Fire Protection Service (KSC & VAFB)
Food Services (cafeteria, snack bars, vending machines) (KSC & VAFB)
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Hazardous Waste Disposal (KSC & VAFB)
Heating, Ventilating, and Air Conditioning (HVAC) (KSC Only)
Janitorial Services (KSC Only)
Library Services (KSC Only)
Mail Services (to one designated location) (KSC & VAFB)
Maintenance of Facilities on CCAFS (KSC Only)
NASA Malfunction Laboratory (KSC Only)
Occupational Health Services (KSC Only)
On-site Film Laboratory and Processing Service (KSC & VAFB)
On-site Passenger Bus Service (KSC Only)
On-site Work Space (KSC, VAFB & LSP On-Site Resident Offices)
On-site Storage Space at Hangar AE (KSC)
Operational Voice, Video and Data Communications (except systems/services
required to be provided by the contractor per SOW) (KSC & VAFB)
Administrative Voice, Video and Data Communications (except mobile phones,
fax machines and pagers) (KSC & VAFB)
Pesticide Control (KSC Only)
Printing/Micro-imaging at Central KSC Print Shop (KSC Only)
Roads and Grounds Maintenance (KSC & VAFB)
Security for KSC and VAFB (issuing base access credentials, law
enforcement, payload escort). Security for KSC only (O&M of electronic
surveillance systems)
Water and Sewage (KSC & VAFB)
(End of Clause)
H-6 PLACING ORDERS For OUTSOURCING DESKTOP INITIATIVE FOR NASA (ODIN) SUPPORT
As a contractor performing services for NASA, the Outsourcing Desktop Initiative
for NASA (ODIN) contract may be used in performance of this contract. For an
overview of ODIN and the services available, information is available on the Web
at xxxx://xxxx.xxx.xxx/xxxxxxxx-xxxxxxx.xxx. The contractor is authorized to
place orders for ODIN services directly with the ODIN contractor for the
relevant site, provided that an ODIN Government Contracting Officer has
specifically authorized such order in writing. Submit requests for authorization
to:
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Xxxx X. Xxxxxxx Space Center, NASA
Attn: Xxxxxxxx Xxx Xxxxxx
OSF ODIN Delivery Order Contracting Officer
M/C: OP-MS-B
Xxxxxxx Xxxxx Xxxxxx, XX 00000
The contractor shall include with its order a letter from the Contracting
Officer stating such authorization. The ODIN contractor is required to honor all
orders placed.
Such orders shall be considered to create separate contracts between each such
contractor and the ODIN contractor receiving the order. The Government shall not
be liable under the ODIN contract for any order placed by such contractor.
However, the ODIN contractor shall provide ODIN services so ordered under the
same terms and conditions, and at the same prices, as if the Government had
placed such order under the ODIN contract, except for those provisions peculiar
to Government procurement, such as, but not limited to, disputes resolution and
allocation of Government funding provisions.
(End of Clause)
H-7 NON-PERSONAL SERVICES
(a) No personal services, as defined in FAR 37.101, shall be performed under
this contract. No Contractor employee will be directly supervised by the
Government. All individual employee assignments, and daily work direction, shall
be given by the applicable employee supervisor. If the Contractor believes any
Government action or communication has been given that would create a personal
services relationship between the Government and any Contractor employee, the
Contractor shall promptly notify the Contracting Officer of this communication
or action.
(b) The Contractor shall not perform any inherently governmental actions, as
defined in FAR 7.501, under this contract. No Contractor employee shall hold him
or herself out to be a Government employee, agent, or representative. No
Contractor employee shall state orally or in writing at any time that he or she
is acting on behalf of the Government. In all communications in connection with
this contract, Contractor employees shall identify themselves as Contractor
employees and specify the name of the company for which they work. Proper
identification should also include email addresses. The contractor shall require
proper identification of contractor personnel who attend meetings, answer
Government telephones, or work in situations where their actions could be
construed as acts of Government officials. In all communications with other
Government contractors in connection with this contract, the Contractor employee
shall state that they have no authority to in any way change the contract and
that if the other contractor believes this communication to be a direction to
change their contract, they should notify the Contracting Officer for that
contract and not carry out the direction until a clarification has been issued
by the Contracting Officer.
(c) The Contractor shall ensure that all of its employees working on this
contract are informed of the substance of this clause. Nothing in this clause
shall limit the Government's rights in any way under any other provision of the
contract, including those related to the Government's right to inspect and
accept the services to be performed under this contract. The substance of this
clause shall be included in all subcontracts at any tier.
(End of Text)
H-8 TASK ORDERING PROCEDURE
NOTE: THE FOLLOWING TASK ORDERING PROCEDURE APPLIES ONLY TO STATEMENT OF WORK,
SECTION 9.0 "MISSION DIRECT SUPPORT", AND SECTION 11 "CONSTRUCTION AND
FACILITIES MODIFICATION"
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(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.
(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 and proposal from the Contractor to include the
technical approach, period of performance, appropriate cost or price
information, and any other information required to determine the reasonableness
of the Contractor's proposal.
(i) For Mission Direct Support Services )
For each mission the Contracting Officer will request a task plan and
proposed hours for Mission Direct Services to support Vehicle
Production Operations for that mission approximately three weeks prior
to Authority to Proceed (ATP).
For each mission the Contracting Officer will request a task plan and
proposed hours for Mission Direct Services to support the Launch
Campaign Operations for that mission approximately one month prior to
Spacecraft arrival at the designated launch site.
(ii) For Facilities Modifications, Design and Construction
For each project the Contracting Officer will request a task plan and
a detailed proposal. The request for proposal will indicate the required
date for submission of the proposal based upon the complexity of the
project.
(c) For Mission Direct Support Services, the Contractor shall submit a task plan
and proposal conforming to the request within 10 working days after receipt of
the Contracting Officer's request. For Facilities Modifications, Design and
Construction the Contractor shall submit a task plan and proposal conforming to
the request within the period of time designated in the Contracting Officer's
request for proposal.
(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.
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(4) Performance standards, and where appropriate, quality assurance standards.
(5) Maximum dollar amount authorized (price).
(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 will be included.
(e) The Contractor shall provide acknowledgment of receipt to the Contracting
Officer within 5 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 that includes a ceiling price may be issued.
(g) The Contracting Officer may amend tasks in the same manner in which they
were issued.
(h) In the event of a conflict between the requirements of the task order and
the Contractor's approved task plan, the task order shall prevail.
(End of clause)
X-0 XXXXXXXX (XXX 52.216-18)(OCT 1995) (Applies to IDIQ CLINS)
NOTE: THE FOLLOWING APPLIES ONLY TO STATEMENT OF WORK, SECTION 9.0 "MISSION
DIRECT SUPPORT", AND SECTION 11 "CONSTRUCTION AND FACILITIES MODIFICATION"
(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 award
date of this contract through the end of the effective ordering period specified
in Clause F-3.
(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.
(End of clause)
H-10 ORDER LIMITATIONS (FAR 52.216-19) (OCT 1995) (Applies to IDIQ CLINS)
NOTE: THE FOLLOWING APPLIES ONLY TO STATEMENT OF WORK, SECTION 9.0 "MISSION
DIRECT SUPPORT", AND SECTION 11 "CONSTRUCTION AND FACILITIES MODIFICATION"
(a) Minimum order. When the Government requires supplies or services covered by
this contract in an amount of less than $250, 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 $1,500,000;
(2) Any order for a combination of items in excess of $2,200,000; or
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(3) A series of orders from the same ordering office within 3 days that together
call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(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) above.
(d) Notwithstanding paragraphs (b) and (c) above, 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 3 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.
H-11 INDEFINITE QUANTITY (FAR 52.216-22)(OCT 1995) (Applies to IDIQ CLINS)
(a) This is an indefinite-quantity contract for the supplies or services
specified, and effective for the period stated, in the Schedule. The quantities
of supplies and services specified in the Schedule are estimates only and are
not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in
accordance with the Ordering clause. The Contractor shall furnish to the
Government, when and if ordered, the supplies or services specified in the
Schedule up to and including the quantity designated in the Schedule as the
"maximum. The Government shall order at least the quantity of supplies or
services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or
in the Schedule, there is no limit on the number of orders that may be issued.
The Government may issue orders requiring delivery to multiple destinations or
performance at multiple locations.
(d) Any order issued during the effective period of this contract and not
completed within that period shall be completed by the Contractor within the
time specified in the order. The contract shall govern the Contractor's and
Government's rights and obligations with respect to that order to the same
extent as if the order were completed during the contract's effective period;
provided, that the Contractor shall not be required to make any deliveries under
this contract after the period of performance specified in any issued Task
Order.
(End of clause)
H-12 SAFETY AND HEALTH (NFS 1852.223-70) (MAY 2001)
(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
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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. The
Contractor shall promptly take and report any necessary corrective action.
(2) If the Contractor fails or refuses to institute prompt corrective action in
accordance with subparagraph(f)(1) of this clause, the Contracting Officer may
invoke the stop-work order clause in this contract or any other remedy available
to the Government in the event of such failure or refusal.
(g) The Contractor (or subcontractor or supplier) shall insert the substance of
this clause, including this paragraph (g) and any applicable Schedule
provisions, with appropriate changes of designations of the parties, in
subcontracts of every tier that -
(1) Amount to $1,000,000 or more (unless the Contracting Officer makes a written
determination, after consultation with installation safety and health
representatives, that this is not required);
(2) Require construction, repair, or alteration in excess of $25,000; or
(3) Regardless of dollar amount, involve the use of hazardous materials or
operations.
(h) 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.
(i) 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
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hazardous, with NASA as the final authority. Before hazardous operations
commence, the Contractor shall submit for NASA concurrence --
(1) Written hazardous operating procedures for all hazardous operations; and/or
(2) Qualification standards for personnel involved in hazardous operations.
(End of clause)
H-13 KEY PERSONNEL AND FACILITIES (NFS 1852.235-71) (MAR 1989)
(a) The personnel and/or facilities listed below (or specified in the contract
Schedule) are considered essential to the work being performed under this
contract. Before removing, replacing, or diverting any of the listed or
specified personnel or facilities, 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 and/or facilities (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
and/or facilities.
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(End Of Clause)
H-14 OBSERVANCE OF LEGAL HOLIDAYS (NFS 1852.242-72) (AUGUST 1992)
(a) The on-site Government personnel observe the following holidays:
New Year's Day
Labor Day
Xxxxxx Xxxxxx Xxxx, Xx.'s Birthday
Columbus Day
President's Day
Veterans Day
Memorial Day
Thanksgiving Day
Independence Day
Christmas Day
Any other day designated by Federal statute, Executive order, or the President's
proclamation.
(b) When any holiday falls on a Saturday, the preceding Friday is observed. When
any holiday falls on a Sunday, the following Monday is observed. Observance of
such days by Government personnel shall not by itself be cause for an additional
period of performance or entitlement of compensation except as set forth within
the contract.
(End Of Clause)
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H-15 MISSION CRITICAL SPACE SYSTEM PERSONNEL RELIABILITYPROGRAM (NFS
1852.246-70) (MARCH 1997)
In implementation of the Mission Critical Space System Personnel Reliability
Program, described in 14CFR1214.5, the Government shall identify personnel
positions that are mission critical. Some of the positions as identified may now
or in the future be held by employees of the Contractor. Upon notification of
the Contracting Officer that a mission-critical position is being or will be
filled by one or more of the Contractor's employees, the Contractor shall (1)
provide the affected employees with a clear understanding of the investigative
and medical requirements and, (2), to the extent permitted by applicable law,
assist the government by furnishing personal data and medical records.
The standard that will be used in certifying individuals for a mission-critical
position is that they must be determined to be suitable, competent, and reliable
in the performance of their assigned duties in accordance with the screening
requirements 14CFR 1214.5. If the Government determines that a contractor
employee occupying or nominated to occupy a mission-critical position will not
be certified for such duty, the Contracting Officer shall (1) furnish to the
employee the specific reasons for its action; (2) advise the employee that
he/she may avail himself/herself of the review procedures that are a part of the
certification system; and (3) furnish him/her a copy of those procedures upon
request.
If a Contractor employee who has been nominated for (but has not yet filled) a
mission-critical position is not certified, the Contractor agrees to defer the
appointment to the position until the employee has had an opportunity to pursue
the referenced procedures. If the employee is an incumbent to the position, the
Contractor agrees, upon the request of the Government, to remove him/her from
the position temporarily pending an appeal of the action under the review
procedures. If any employee not certified elects not to take action under the
procedures, or, if having taken action, is no successful in obtaining a reversal
of the determination, the Contractor agrees not to appoint the employee to the
position, or if already appointed, to promptly remove the employee.
(End of Clause)
H-16 SECURITY CONTROLS AT KSC/VAFB (KSC 52.204-90) (NOV 2000) (MODIFIED)
A. Identification of Employees
1. The contractor shall require each employee engaged on the work site to
display NASA-furnished identification badges and special access badges at all
times. The contractor shall obtain and submit badging request forms for each
person employed or to be employed by the contractor under this contract. The
contractor shall designate its own security and badging officials to act as
points-of-contact for the KSC Security Office. Prior to proceeding with onsite
performance, the contractor shall submit the following information to the
Protective Services Branch, Code TA-E2, Xxxxxxx Space Center:
a. Contract number and location of work site(s)
b. Contract commencement and completion dates
c. Status as prime or subcontractor
d. Names of designated security and badging officials
2. Identification and badging of employees shall be accomplished as soon as
practicable after award of the contract. During performance of the contract, the
contractor shall, upon termination of an employee, immediately deliver badges
and/or passes issued to the employee to the NASA Security Office. It is agreed
and understood that all NASA identification badges/passes remain the property of
NASA, and the Government reserves the right to invalidate such badges/passes at
any time.
B. Access to Controlled Areas within KSC/VAFB
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1. Certain areas within KSC/VAFB have been designated as Controlled Areas. These
are normally surrounded by fencing and have an entrance gate monitored by a
guard or monitoring device. Access into such areas is classified into "escorted"
or "unescorted" access. For each employee for which the contractor desires to
have unescorted access, the prescribed forms must be submitted to the NASA
Security Office. Due to the time required to process requests for unescorted
access, the contractor is advised to complete and submit the required forms as
soon as practicable after contract award. Within 14 working days after the
receipt of the forms, the NASA Security Office will determine whether the person
is eligible for unescorted access.
2. The prime contractor is responsible for providing escort services for any of
his employees and/or any subcontractor employees who are not eligible for
unescorted access.
3. All requests for unescorted access by subcontractors will be submitted
through the prime contractor for forwarding to the NASA Security Office.
(End of Clause)
H-17 OCCUPATIONAL HEALTH (KSC 52.223-93) (NOV 2000)(MODIFIED)
1. Occupational Health Services at KSC
The medical services set forth in KMI 1810.1I entitled KSC Occupational Medicine
Program, will be provided to the contractor by the Government to the extent that
there will not be any restriction of the employees' rights under applicable
Workers' Compensation statutory provisions.
Information from records generated as a result of rendition of these medical
services may be obtained from the Chief, Occupational Health Branch, Code TA-C2,
upon written request.
2. Health Examinations and Physical Requirements Standards
The contractor shall provide the following data to the Chief, Occupational
Health Branch, Code TA-C2:
a. A breakdown of the various health examinations required in support of this
contract; providing type, frequency, and a roster of personnel affected.
b. The applicable physical requirements standards for personnel certification,
if the contractor has physical requirements standards, which are stricter than
the applicable KSC (Federal) standards; otherwise the KSC (Federal) physical
requirements standards are applicable to this contract.
3. Occupational Health Services at VAFB
Emergency ambulance service shall be provided to the contractor by the
Government at Xxxxxxxxxx Air Force Base, CA. The contractor shall be responsible
for all other contractor health services.
(End of Clause)
H-18 KSC INFORMATION TECHNOLOGY (IT) SECURITY PROGRAM (KSC 52.239-90) (AUG 1999)
KSC Contractors that process NASA data shall comply with NASA's Information
Technology (IT) Security Program. Contractors shall ensure, as computers are
reassigned or excessed, that computers' hard disks are erased so that sensitive
data and Government-licensed software cannot be recovered.
The Contractor shall comply with the following:
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a) NPD 2810.1, Security of Information Technology, available for review
at
xxxx://xxxxx.xx.xxxx.xxx/Xxxxxxx/Xxxxxxxxxx/XXXX-XXXX/Xxxxxxxx/
Legal_Policies/NPD_2810_1.html
b) NPG 2810, Security of Information Technology, available for review at
xxxx://xxx.xxx.xxxx.xxx/xxxx-xxxx/xxx/xxxxxxxx/xxx0000_00xxx00.xxx
c) KDP-KSC-P-1836, Removing Data and Licensed Software from Information
Technology Storage Devices, available for review under Xxxxxxx
Documented Procedures, (AA) at
xxxx://xxx.xxx.xxxx.xxx/XxxxxxxxXxxxx/xxxx/xxx_xxxxxxxxxx.xxxx
(End of Clause)
H-19 CONTROLS APPLICABLE TO CONTRACTOR'S ACTIVITIES (KSC 52.242-90) (DEC 2000)
The below listed Xxxxxxx Space Center publications and subsequent revisions
thereof are applicable to this contract and are incorporated herein by
reference. These publications prescribe regulatory procedural criteria, which
are applicable to the contractor. The contractor, upon receipt of notice of
noncompliance with any provisions of the below listed publications from the
Contracting Officer or his representatives, shall promptly take corrective
action.
JHB 2000 Consolidated Comprehensive Emergency Management Plan
KHB 1200.1 "Management of Facilities, Systems & Equipment
Handbook"
KHB 1610.1 "KSC Security Handbook"
KHB 1710.2 "Xxxxxxx Space Center Safety Practices Handbook"
KMI 1710.18 "KSC Safety Assurance Policy:
KMI 1800.2 "KSC Hazard Communication Program"
KMI 1810.1 Rev I KSC Occupational Medicine Program On-site
Contractors shall comply withAttachment D, KSC
Skin Cancer Prevention Program
KMI 1860.1 "KSC Radiation Protection Program"
KHB 1870.1 "KSC Sanitation and Pollution Control Handbook"
KHB 2570.1 "KSC Radio Frequency Spectrum Management Handbook"
KMI 2410.2 "Information Resources Management"
KHB 4000.1 "Supply Support System Manual, Part 5, Equipment
Management"
KHB 8800.6 "KSC Environmental Control Handbook"
KHB 8800.7 "Hazardous Waste Management"
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KMI 8800.8 "KSC Environmental Management"
Construction Contractor's Safety Information & Requirements For KSC
(Applicable to Construction Contracts Only)
(End of Clause)
H-20 CENTERWIDE WORKFORCE REPORTS (KSC 52.242-93) (NOV 2000)
The Contractor shall submit, on a quarterly basis (DRD-12 Quarterly Headcount
Report), a workforce report delineating information about its workforce. The
report shall include: the contract number, the contractor's total on-site
workforce, total on-site union represented employees by bargaining unit, total
on-site non-union represented employees, and total off-site workforce performing
on the contract. The Contractor shall provide this information no later than 10
days after the close of each reporting period, which end March 31st, June 30th,
September 30th, and December 31st. The report shall be submitted to the
Contracting Officer with copies to KSC Workforce Planning and Analysis office
(Code BA-D).
(End of Clause)
H-21 AUTHORIZED CHANGES (KSC 52.243-90) (FEB 1990)
The Contracting Officer or his duly appointed representative are the only
individuals authorized to issue instructions to the contractor in matters
relating to this contract. The identification, scope of authority and duties of
representatives of the Contracting Officer shall be set forth in letters issued
by the Contracting Officer and copies of such designations shall be furnished to
the Contractor. (End of Clause)
H-22 CONDUCT OF FACILITY PROJECTS (KSC 52.236-130) (APR 2000)
A. Approval
The contractor shall not award or otherwise proceed with implementation of any
facility project without a NASA approved Facility Project - Brief Project
Document (NASA Form 1509). The contractor shall prepare or otherwise support the
preparation of NASA Form 1509's in accordance with the current edition of NPG
8820.2, Facility Project Implementation Handbook, and the current version of the
KSC procedure for Facility Project Approval and Implementation. For purposes of
this requirement a Facility Project is defined as any new construction, repair,
and /or modification affecting Government real property located on KSC
regardless of the source of funding, or located elsewhere and funded by KSC, and
costing more than $50,000.
Planning and design activities leading to the implementation of the actual
construction, repair or modification work normally can be accomplished prior to
1509 approval. When in doubt, guidance as to whether or not a particular
activity is a Facility Project, is "implementation" versus "planning and
design," and / or the applicability of this requirement in relation to specific
projects should be obtained from the KSC Spaceport Services Management
Integration Office.
B. File Documentation
Construction subcontract file documentation shall include a copy of the approved
NASA Form 1509 authorizing the project. For construction subcontracts requiring
Contracting Officer consent, the consent file shall include a copy of the
approved NASA Form 1509 authorizing the project.
(End of Clause)
H-23 CONSTRUCTION AND LABOR PROVISIONS
In the event any portion of work to be performed under the contract are deemed
by the Contractor to fall within the "construction" category as defined in FAR
22.400, the Contractor may place a subcontract for that work.
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The Construction Contract clauses as set forth in the General Provisions shall
be applicable to the extent of any "construction" work performed under the
contract. To the extent that there is an inconsistency between other clauses
referenced above, the latter shall govern.
The Contractor will utilize the current U.S. Department of Labor General Wage
Determination, available from the Contracting Officer, as the minimum wages to
be paid the classes of employees described therein in the performance of work
under the contract.
(End of Clause)
H-24 AMERICANS WITH DISABILITIES ACT, SECTION 508 POLICY
The contractor shall comply with accessibility requirements for electronic and
information technology access as defined in Section 508 of the Rehabilitation
Act (29 U.S.C. 794d). Detailed requirements for accessibility have been
established by the Architectural and Transportation Barriers Compliance Board
(Access Board) at 36 CFR Part 1194.
(End of Clause)
H-25 HAZARD COMMUNICATION (KSC 52.223-94) (NOV 2000)
A. In order to comply with Federal, OSHA, and State Regulations, the Contractor
shall participate in the KSC Chemical Hazard Communication Program as
implemented by KMI 1800.2B, Chemical Hazard Communication.
B. The Contractor shall coordinate submission of hazardous material safety data,
to the NASA/KSC Materials Safety Data Sheet Archive, with the Joint Base
Operations Support Contract MSDS Program Administrator.
(End of Clause)
H-26 EMERGENCY MEDICAL TREATMENT (KSC 52.223-105) (JUL 2000)
The contractor shall immediately call (see below for applicable telephone
numbers) for assistance with personnel injury or illness for any incident
requiring emergency medical treatment for contractor or subcontractor personnel,
or invitees on KSC, or if any person on the job site is rendered unconscious.
The contractor shall require the victim to sign an appropriate "refusal of
treatment" form, if medical evaluation/treatment is offered and refused.
From KSC or CCAFS property: 911
From a KSC issued cellular telephone: 000-0000
From other than a KSC issued cellular telephone: 000-000-0000
Commercial telephone users on KSC or CCAFS property: 911
(End of Clause)
H-27 NOTICE OF COMPLETION OF TASK ORDER
The Contractor shall notify the Contracting Officer's Technical Representative,
or authorized representative in writing upon completion of each individual task
order.
(End of Text)
H-28 ASBESTOS-CONTAINING BUILDING MATERIALS (KSC52.223-19)(JAN 2002)
Asbestos-Containing Building Materials (ACBM) are known to be present in
facilities assigned under the scope of this contract. The government will
provide information regarding the location and quantity of know ACBM in NASA/KSC
facilities to the facility tenant organizations through the JBOSC Environmental
Health office.
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Special requirements, coordination, and precautions will apply to any work
taking place under contracts that involve disturbance of ACBM. Contractors whose
contracts require work involving ACBM are required to provide a written program
for such work as part of its health and safety plan which is consistent with the
requirements of 29 CFR 1926.1101. The contractor shall coordinate any such work
involving ACBM with JBOSC Environmental Health, SGS Fire Services, and any other
resident government or contractor organization whose employees may have access
to the work location.
(End of Clause)
H-29 RELEASE OF TOTAL AND UNIT PRICING INFORMATION
Offerors are hereby notified that NASA will comply with FAR 15.503(b)(1)(iv) and
15.506(d)(2) in making publicly available the items, quantities, and unit prices
of each contract award.
(End of Text)
[End of Section]
PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
--------------------------------------------------------------------------------
I-1 LISTING OF CLAUSES INCORPORATED BY REFERENCE
NOTICE: The following contract clauses pertinent to this section are hereby
incorporated by reference:
I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
CLAUSE
NUMBER DATE TITLE
--------- ---- -----
52.202-1 OCT 1995 DEFINITIONS
52.202-1 OCT 1995 DEFINITIONS (ALTERNATE I)(APR 1984)
52.203-3 APR 1984 GRATUITIES
52.203-5 APR 1984 COVENANT AGAINST CONTINGENT FEES
52.203-6 JUL 1995 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT
52.203-7 JUL 1995 ANTI-KICKBACK PROCEDURES
52.203-8 JAN 1997 CANCELLATION, RESCISSION AND RECOVERY OF FUNDS
FOR ILLEGAL OR IMPROPER ACTIVITY
52.203-10 JAN 1997 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER
ACTIVITY
52.203-12 JUN 1997 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN
FEDERAL TRANSACTIONS
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52.204-2 AUG 1996 SECURITY REQUIREMENTS
52.204-4 AUG 2000 PRINTING/COPYING DOUBLE-SIDED ON RECYCLED PAPER
52.209-6 JUL 1995 PROTECTING THE GOVERNMENT'S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED,
SUSPENDED, OR PROPOSED FOR DEBARMENT
52.215-2 JUN 1999 AUDIT AND RECORDS--NEGOTIATION
52.215-8 OCT 1997 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT
52.215-15 DEC 1998 PENSION ADJUSTMENTS AND ASSET REVERSIONS
52.215-21 OCT 1997 REQUIREMENTS FOR COST OR PRICING DATA OR
INFORMATION OTHER THAN COST OR PRICING DATA -
MODIFICATIONS
52.216-7 FEB 2002 ALLOWABLE COST AND PAYMENT
Insert (30th) in Paragraph (a)(3)
52.216-11 APR 1984 COST CONTRACT - NO FEE (APPLIES TO CLINS 1009, 2009,
3009, 1010, 2010, 3010)
52.216-22 OCT 1995 INDEFINITE QUANTITY (APPLIES TO CLINS 1008A thru-
1008J, 2008A thru 2008J, 3008A thru 3008J, and 1012,
2012, and 3012)
52.217-8 NOV 1999 OPTION TO EXTEND SERVICES
52.217-9 MAR 2000 OPTION TO EXTEND THE TERM OF THE CONTRACT
Insert "within the last 6 month of performance" and
"at least 60 days", respectively, in paragraph (a).
Insert "(9 years, 6 months)" in paragraph (c).
52.219-6 JUL 1996 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE
52.219-8 OCT 2000 UTILIZATION OF SMALL BUSINESS CONCERNS
52.219-14 DEC 1996 LIMITATION ON SUBCONTRACTING
52.222-1 FEB 1997 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES
52.222-2 JUL 1990 PAYMENT FOR OVERTIME PREMIUMS
Insert "$ 0 " in paragraph (a).
52.222-3 AUG 1996 CONVICT LABOR
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52.222-4 SEP 2000 CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT - OVERTIME COMPENSATION
52.222-21 FEB 1999 PROHIBITION OF SEGREGATED FACILITIES
52.222-26 FEB 1999 EQUAL OPPORTUNITY
52.222-35 APR 1998 AFFIRMATIVE ACTION FOR DISABLED VETERANS AND
VETERANS OF THE VIETNAM ERA
52.222-36 JUN 1998 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES
52.222-37 JAN 1999 EMPLOYMENT REPORTS ON DISABLED VETERANS AND
VETERANS OF THE VIETNAM ERA
52.222-41 MAY 1989 SERVICE CONTRACT ACT OF 1965, AS AMENDED
52.222-42 MAY 1989 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES
52.222-43 MAY 1989 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT
ACT--PRICE ADJUSTMENT (MULTIPLE YEAR AND
OPTION CONTRACTS)(Applicable to fixed-price line
items only)
52.223-3 JAN 1997 HAZARDOUS MATERIAL IDENTIFICATION AND
MATERIAL SAFETY DATA (ALTERNATE I) (JUL 1995)
Insert "None" in paragraph (b).
52.223-5 APR 1998 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION
52.223-6 JAN 1997 DRUG-FREE WORKPLACE
52.223-10 AUG 2000 WASTE REDUCTION PROGRAM
52.223-12 OCT 2000 REFRIGERATION EQUIPMENT AND AIR CONDITIONERS
52.223-14 OCT 2000 TOXIC CHEMICAL RELEASE REPORTING
52.225-13 JUL 2000 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES
52.227-1 JUL 1995 AUTHORIZATION AND CONSENT
52.227-2 AUG 1996 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
INFRINGEMENT
52.227-3 APR 1984 PATENT INDEMNITY
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52.227-14 JUN 1987 RIGHTS IN DATA--GENERAL (ALTERNATE II & III) As
modified by NASA FAR Supplement 1852.227-14
52.227-17 JUN 1987 RIGHTS IN DATA--SPECIAL WORKS As modified by NASA
FAR Supplement 1852.227-17
52.227-19 JUN 1987 COMMERCIAL COMPUTER SOFTWARE -- RESTRICTED
RIGHTS as modified by NFS 852.227-19
52.228-5 JAN 1997 INSURANCE - WORK ON A GOVERNMENT INSTALLATION
52.228-7 MAR 1996 INSURANCE--LIABILITY TO THIRD PERSONS
52.229-3 JAN 1991 FEDERAL, STATE, AND LOCAL TAXES
52.232-1 APR 1984 PAYMENTS
52.232-16 FEB 2002 PROGRESS PAYMENTS (and Alternate I-MAR 2000)
Insert (30th) in Paragraph (k)(1)
52.232-17 JUN 1996 INTEREST
52.232-18 APR 1984 AVAILABILITY OF FUNDS
52.232-22 APR 1984 LIMITATION OF FUNDS
52.232-23 JAN 1986 ASSIGNMENT OF CLAIMS
52.232-25 FEB 2002 PROMPT PAYMENT (and Alternate I - FEB 2002)
52.232-34 MAY 1999 PAYMENT BY ELECTRONIC FUNDS TRANSFER--OTHER
THAN CENTRAL CONTRACTOR REGISTRATION
Insert "no later than 15 days prior to submission of
the first request for payment" in Paragraph (b)(1).
52.233-1 DEC 1998 DISPUTES (ALTERNATE I) (DEC 1991)
52.233-3 AUG 1996 PROTEST AFTER AWARD (ALTERNATE I) (JUN 1985)
52.237-2 APR 1984 PROTECTION OF GOVERNMENT BUILDINGS,
EQUIPMENT, AND VEGETATION
52.237-3 JAN 1991 CONTINUITY OF SERVICES
52.237-10 OCT 1997 UNCOMPENSATED OVERTIME
52.242-1 APR 1984 NOTICE OF INTENT TO DISALLOW COSTS
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52.242-3 OCT 1995 PENALTIES FOR UNALLOWABLE COSTS
52.242-4 JAN 1997 CERTIFICATION OF FINAL INDIRECT COSTS
52.242-13 JUL 1995 BANKRUPTCY
52.243-1 AUG 1987 CHANGES - FIXED PRICE (ALTERNATE II) (APR 1984)
52.243-1 AUG 1987 CHANGES - FIXED PRICE (ALTERNATE III) (APR 1984)
52.243-2 AUG 1987 CHANGES--COST-REIMBURSEMENT (ALTERNATE II) (APR 1984)
52.244-5 DEC 1996 COMPETITION IN SUBCONTRACTING
52.244-6 MAR 2001 SUBCONTRACTS FOR COMMERCIAL ITEMS
52.245-18 FEB 1993 SPECIAL TEST EQUIPMENT
52.246-25 FEB 1997 LIMITATION OF LIABILITY-- SERVICES
52.247-1 APR 1984 COMMERCIAL XXXX OF LADING NOTATIONS
52.249-2 SEP 1996 TERMINMATION FOR CONVENIENCE OF THE
GOVERNMENT (FIXED-PRICE)
52.249-6 SEP 1996 TERMINATION (COST-REIMBURSEMENT)
52.249-14 APR 1984 EXCUSABLE DELAYS
52.251-1 APR 1984 GOVERNMENT SUPPLY SOURCES
52.253-1 JAN 1991 COMPUTER GENERATED FORMS
II. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) - CONSTRUCTION CLAUSES
CLAUSE
NUMBER DATE TITLE
--------- -------- -----
52.204-2 AUG 1996 SECURITY REQUIREMENTS (ALTERNATE II)
52.211-10 APR 1984 COMMENCEMENT, PROSECUTION, AND COMPLETION OF
WORK (DEFINED SEPARATELY IN TASK ORDERS)
52.222-6 FEB 1995 XXXXX-XXXXX ACT
52.222-7 FEB 1988 WITHHOLDING OF FUNDS
52.222-8 FEB 1988 PAYROLLS AND BASIC RECORDS
52.222-9 FEB 1988 APPRENTICES AND TRAINEES
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52.222-10 FEB 1988 COMPLIANCE WITH XXXXXXXX ACT REQUIREMENTS
52.222-11 FEB 1988 SUBCONTRACTS (LABOR STANDARDS)
52.222-12 FEB 1988 CONTRACT TERMINATION -- DEBARMENT
52.222-13 FEB 1988 COMPLIANCE WITH XXXXX-XXXXX AND RELATED ACT
REGULATIONS
52.222-14 FEB 1988 DISPUTES CONCERNING LABOR STANDARDS
52.222-15 FEB 1988 CERTIFICATION OF ELIGIBILITY
52.222-23 FEB 1999 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION
TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR
CONSTRUCTION
52.222-27 FEB 1999 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR
CONSTRUCTION
52.227-4 APR 1984 PATENT INDEMNITY - CONSTRUCTION CONTRACTS
52.232-5 MAY 1997 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS
52.232-27 MAR 2001 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS
52.236-2 APR 1984 DIFFERING SITE CONDITIONS
52.232-3 APR 1984 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK
52.236-5 APR 1984 MATERIAL AND WORKMANSHIP
52.236-7 NOV 1991 PERMITS AND RESPONSIBILITIES
52.236-8 APR 1984 OTHER CONTRACTS
52.236-9 APR 1984 PROTECTION OF EXISTING VEGETATION, STRUCTURES,
EQUIPMENT, UTILITIES, AND IMPROVEMENTS
52.236-10 APR 1984 OPERATIONS AND STORAGE AREAS
52.236-11 APR 1984 USE AND POSSESSION PRIOR TO COMPLETION
52.236-12 APR 1984 CLEANING UP
52.236-13 NOV 1991 ACCIDENT PREVENTION
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52.236-13 NOV 1991 ACCIDENT PREVENTION (ALTERNATE I)
52.236-14 APR 1984 AVAILABILITY AND USE OF UTILITY SERVICES
52.236-21 FEB 1997 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION
(ALTERNATE II)
52.236-22 APR 1984 DESIGN WITH FUNDING LIMITATIONS (Insert in paragraph
(c) will be included in applicable task orders)
52.236-23 APR 1984 RESPONSIBILITY OF THE ARCHTECT-ENGINEER CONTRACTOR
52.236-25 APR 1984 REQUIREMENTS FOR REGISTRATION OF DESIGNERS
52.236-27 FEB 1995 SITE VISIT (CONSTRUCTION) (Insert in paragraph (b)
will be included in applicable task orders)
52.242-14 APR 1984 SUSPENSION OF WORK
52.243-4 AUG 1987 CHANGES
52.243-6 APR 1984 CHANGE ORDER ACCOUNTING
52.249-2 SEP 1996 TERMINATION FOR CONVENIENCE OF THE
GOVERNMENT (FIXED-PRICE) (ALTERNATE I) (SEP 1996)
52.249-3 SEP 1996 TERMINATION FOR CONVENIENCE OF THE
GOVERNMENT (DISMANTLING, DEMOLITION,OR
REMOVAL OF IMPROVEMENTS)
52.249-10 APR 1984 DEFAULT (FIXED-PRICE CONSTRUCTION)
III. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES
CLAUSE
NUMBER DATE TITLE
----------- -------- -----
1852.203-70 JUN 2001 DISPLAY OF INSPECTOR GENERAL POSTERS
1852.204-76 JUL 2001 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION
TECHNOLOGY RESOURCES
(Insert in paragraph c "180" days)
1852.209-72 DEC 1988 COMPOSITION OF THE CONTRACTOR
1852.215-84 JUN 2000 OMBUDSMAN
Insert: "Xx. Xxxxxx X. Xxxxx", "(216) 433- 3014", and
"Xxx Xxxxxxx" "(000) 000-0000", KSC Ombudsman is Xxxxx Xxxxxxxx,
Deputy Center Director .
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1852.216-89 JUL 1997 ASSIGNMENT AND RELEASE FORMS
1852.219-74 SEP 1990 USE OF RURAL AREA SMALL BUSINESSES
1852.219-76 JUL 1997 NASA 8 PERCENT GOAL
1852.223-75 FEB 2002 MAJOR BREACH OF SAFETY OR SECURITY
1852.227-17 OCT 1995 RIGHTS IN DATA -- SPECIAL WORKS
1852.228-75 OCT 1988 MINIMUM INSURANCE COVERAGE
1852.237-70 DEC 1988 EMERGENCY EVACUATION PROCEDURES
1852.237-71 JAN 1997 PENSION PORTABILITY
1852.243-71 MAR 1997 SHARED SAVINGS
IV. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES- CONSTRUCTION
1852.209-72 EC 1988 COMPOSITION OF THE CONTRACTOR
1852.236-73 EC 1988 HURRICANE PLAN
1852.236-75 UG 1998 PARTNERING FOR CONSTRUCTION CONTRACTS
1852.243-72 PR 1998 EQUITABLE ADJUSTMENTS
I-2 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (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):
xxxx://xxx.xxxxx.xxx/xxx/
xxxx://xxx.xx.xxxx.xxx/xxxxxx/xxxxxxxxxxx/xxxx/xxxxxx.xxx
(End of clause)
I-3 SCA MINIMUM WAGES AND FRINGE BENEFITS APPLICABLE TO SUCCESSOR CONTRACT
PURSUANT TO PREDECESSOR CONTRACTOR COLLECTIVE BARGAINING AGREEMENTS (CBA) (FAR
52.222-47) (MAY 1989)
An SCA wage determination applicable to this work has been requested from the
U.S. Department of Labor. If an SCA wage determination is not incorporated
herein, the bidders/offerors shall consider the economic terms of the collective
bargaining agreement (CBA) between the two incumbent Contractors, The Boeing
Company - Xxxxxxx Space Center., and the International Brotherhood of Electrical
Workers, Local 2088; and SMI International and Teamsters and Warehousemen Union,
Local No. 381 If the economic terms of the collective bargaining agreement or
the collective bargaining agreement itself is not attached to the solicitation,
copies can be obtained from the Contracting Officer. Pursuant to Department of
Labor Regulation, 29 CFR 4.1b and paragraph (g) of the clause at 52.222-41,
Service Contract Act of 1965, as amended, the economic terms of that agreement
will apply to the contract resulting from this solicitation, notwithstanding the
absence of a wage determination reflecting such terms, unless it is determined
that the agreement was not the result of arm's length negotiations or that after
a hearing pursuant to section 4(c) of the Act, the economic terms of the
agreement are substantially at variance with the wages prevailing in the area.
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(End of Clause)
I-4 SUBCONTRACTS (ALTERNATE I) (FAR 52.244-2) (AUG 1998)
(a) Definitions. As used in this clause --
Approved purchasing system means a Contractor's purchasing system that has been
reviewed and approved in accordance with Part 44 of the Federal Acquisition
Regulation (FAR).
Consent to subcontract means the Contracting Officer's written consent for the
Contractor to enter into a particular subcontract.
Subcontract means any contract, as defined in FAR Subpart 2.1, entered into by a
subcontractor to furnish supplies or services for performance of the prime
contract or a subcontract. It includes, but is not limited to, purchase orders,
and changes and modifications to purchase orders.
(b) This clause does not apply to subcontracts for special test equipment when
the contract contains the clause at FAR 52.245-18, Special Test Equipment.
(c) When this clause is included in a fixed-price type contract, consent to
subcontract is required only on unpriced contract actions (including unpriced
modifications or unpriced delivery orders), and only if required in accordance
with paragraph (d) or (e) of this clause.
(d) If the Contractor does not have an approved purchasing system, consent to
subcontract is required for any subcontract that --
(1) Is of the cost-reimbursement, time-and-materials, or labor-hour type; or
(2) Is fixed-price and exceeds --
(i) For a contract awarded by the Department of Defense, the Coast Guard, or the
National Aeronautics and Space Administration, the greater of the simplified
acquisition threshold or 5 percent of the total estimated cost of the contract;
or
(ii) For a contract awarded by a civilian agency other than the Coast Guard and
the National Aeronautics and Space Administration, either the simplified
acquisition threshold or 5 percent of the total estimated cost of the contract.
(e) If the Contractor has an approved purchasing system, the Contractor
nevertheless shall obtain the Contracting Officer's written consent before
placing the following subcontracts:
All Subcontracts for Facilities Modifications, Design or Construction and any
other Subcontracts over $ 100,000
(f)(1) The Contractor shall notify the Contracting Officer reasonably in advance
of placing any subcontract or modification thereof for which consent is required
under paragraph (c), (d), or (e) of this clause, including the following
information:
(i) A description of the supplies or services to be subcontracted.
(ii) Identification of the type of subcontract to be used.
(iii) Identification of the proposed subcontractor.
(iv) The proposed subcontract price.
(v) The subcontractor's current, complete, and accurate cost or pricing data and
Certificate of Current Cost or Pricing Data, if required by other contract
provisions.
(vi) The subcontractor's Disclosure Statement or Certificate relating to Cost
Accounting Standards when such data are required by other provisions of this
contract.
(vii) A negotiation memorandum reflecting --
(A) The principal elements of the subcontract price negotiations;
(B) The most significant considerations controlling establishment of initial or
evised prices;
(C) The reason cost or pricing data were or were not required;
(D) The extent, if any, to which the Contractor did not rely on the
subcontractor's cost or pricing data in determining the price objective and in
negotiating the final price;
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(E) The extent to which it was recognized in the negotiation that the
subcontractor's cost or pricing data were not accurate, complete, or current;
the action taken by the Contractor and the subcontractor; and the effect of any
such defective data on the total price negotiated;
(F) The reasons for any significant difference between the Contractor's price
objective and the price negotiated; and
(G) A complete explanation of the incentive fee or profit plan when incentives
are used. The explanation shall identify each critical performance element,
management decisions used to quantify each incentive element, reasons for the
incentives, and a summary of all trade-off possibilities considered.
(2) If the Contractor has an approved purchasing system and consent is not
required under paragraph (c), (d), or (e) of this clause, the Contractor
nevertheless shall notify the Contracting Officer reasonably in advance of
entering into any
(i) cost-plus-fixed-fee subcontract, or
(ii) fixed-price subcontract that exceeds the greater of the simplified
acquisition threshold or 5 percent of the total estimated cost of this contract.
The notification shall include the information required by paragraphs (f)(1)(i)
through (f)(1)(iv) of this clause.
(g) Unless the consent or approval specifically provides otherwise, neither
consent by the Contracting Officer to any subcontract nor approval of the
Contractor's purchasing system shall constitute a determination --
(1) Of the acceptability of any subcontract terms or conditions;
(2) Of the allowability of any cost under this contract; or
(3) To relieve the Contractor of any responsibility for performing this
contract.
(h) No subcontract or modification thereof placed under this contract shall
provide for payment on a cost-plus-a-percentage-of-cost basis, and any fee
payable under cost-reimbursement type subcontracts shall not exceed the fee
limitations in FAR 15.404-4(c)(4)(i).
(i) The Contractor shall give the Contracting Officer immediate written notice
of any action or suit filed and prompt notice of any claim made against the
Contractor by any subcontractor or vendor that, in the opinion of the
Contractor, may result in litigation related in any way to this contract, with
respect to which the Contractor may be entitled to reimbursement from the
Government.
(j) The Government reserves the right to review the Contractor's purchasing
system as set forth in FAR Subpart 44.3.
(k) Paragraphs (d) and (f) of this clause do not apply to the following
subcontracts, which were evaluated during negotiations: NONE.
(End of clause)
I-5 SECURITY CLASSIFICATION REQUIREMENTS (NFS 1852.204-75) (SEP 1989)
Performance under this contract will involve access to and/or generation of
classified information; work in a security area, or both, up to the level of
SECRET. See Federal Acquisition Regulation clause 52.204-2 in this contract and
DD Form 254, Contract Security Classification Specification, Attachment J-7.
(End of Clause)
I-6 EMERGENCY MEDICAL SERVICES AND EVACUATION (NFS 1852.242-78) (APRIL 2001)
The contractor shall, at its own expense, be responsible for making all
arrangements for emergency medical services and evacuation, if required, for its
employees while performing work under this contract outside the United States or
in remote locations of the United States. If necessary to deal with certain
emergencies, the contractor may request the Government to provide medical
services or evacuation. If the Government performs such services, the contractor
shall reimburse the Government for the costs incurred.
(End of clause)
I-7 ENGINEERING CHANGE PROPOSALS (NFS 1852.243-70) (FEBRUARY 1998)
(a) Definitions.
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"ECP" means an Engineering Change Proposal (ECP) which is a proposed engineering
change and the documentation by which the change is described, justified, and
submitted to the procuring activity for approval or disapproval.
"MIL-STD-973" means a DOD publication entitled, Military Standard Configuration
Control - Engineering Changes, Deviations and Waivers, 15 July 1988.
(b) Either party to the contract may originate ECPs. The originator shall
forward proposed ECPs to the Contracting Officer. Unless another process has
been approved by the Government or specified by the Contracting Officer, the ECP
formats, forms and controls specified in MIL-STD-973 shall be used.
Implementation of an approved ECP may occur by either a supplemental agreement
or, if appropriate, as a written change order to the contract.
(c) Any ECP submitted to the Contracting Officer shall include a "not-to-exceed"
[price or estimated cost] increase or decrease adjustment amount, if any, and
the required [time of delivery or period of performance] adjustment, if any,
acceptable to the originator of the ECP. If the change is originated within the
Government, the Contracting Officer shall obtain a written agreement with the
contractor regarding the "not-to-exceed"[price or estimated cost] and [delivery
or period of performance] adjustments, if any, prior to issuing an order for
implementation of the change.
(d) After submission of a contractor initiated ECP, the contracting officer may
require the contractor to submit the following information:
(1) Cost or pricing data in accordance with FAR 15.403-5 if the proposed change
meets the criteria for its submission under FAR 15.403-4; or
(2) Information other than cost or pricing data adequate for contracting officer
determination of price reasonableness or cost realism. The contracting officer
reserves the right to request additional information if that provided by the
contractor is considered inadequate for that purpose. If the contractor claims
applicability of one of the exceptions to submission of cost or pricing data, it
shall cite the exception and provide rationale for its applicability.
(e) If the ECP is initiated by NASA, the contracting officer shall specify the
cost information requirements, if any.
(End of clause)
I-8 Estimate of Percentage of Recovered Material Content for EPA-Designated
Products (FAR 52.223-9) (AUGUST 2000)
(a) Definitions. As used in this clause -
"Post-consumer 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. Post-consumer 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-
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1. Estimate the percentage of the total recovered material used in contract
performance, including, if applicable, the percentage of post-consumer
material content; and
2. Submit this estimate to the Contracting Officer within 10 working days of
contract completion.
(End of Clause)
[END OF SECTION]
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PART III - LIST OF DOCUMENTS, EXHIBITS
AND OTHER ATTACHMENTS
SECTION J - LIST OF ATTACHMENTS
--------------------------------------------------------------------------------
ARTICLE J-1 LIST OF ATTACHMENTS
The following documents are attached at the end of this contract and made a part
hereof:
Attachment Title No. Pages
---------- ----------------------------------------------------------- ---------
J-1 Statement of Work (April 1, 2002) 72 pages
J-2 Data Requirements List/Data Requirements Description 46 pages
(DRL/DRD's)
J-3 NASA Facilities and Facility Systems at Xxxxxxxxxx AFB 4 pages
J-4 Installation Provided Property List 55 pages
J-5 Department of Labor Wage Determination 15 pages
J-6 Performance Evaluation Plan 16 pages
J-7 DD Form 254, Contract Security Classification Specification 7 pages
J-8 Contractor Safety and Health Plan 90 pages
J-9 Contractor Quality Manual (ISO/ANSI) 32 pages
J-10 Statement of Equivalent Rates for Federal Hires 2 pages
J-11 Acronyms 3 pages
J-12 Information Technology (IT) Support Functions 6 pages
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