Part 1852
SOLICITATION PROVISIONS
AND
CONTRACT CLAUSES
1852.231-70 Precontract Costs.
1852.231-71 Determination of Compensation Reasonableness.
1852.232-70 NASA Modification of FAR 52.232-12.
1852.232-77 Limitation of Funds (Fixed-Price Contract).
1852.232-79 Payment for On-Site Preparatory Costs.
1852.232-81 Contract Funding.
1852.232-82 Submission of Requests for Progress Payments.
1852.233-70 Protests to NASA.
1852.235-70 Center for AeroSpace Information.
1852.235-71 Key Personnel and Facilities.
1852.235-72 Instructions for Responding to NASA Research Announcements.
1852.235-73 Final Scientific and Technical Reports.
1852.235-74 Additional Reports of Work -- Research and Development.
1852.236-71 Additive or Deductive Items.
1852.236-72 Bids with Unit Prices.
1852.236-73 Hurricane Plan.
1852.236-74 Magnitude of Requirement.
1852.236-75 Partnering for Construction Contracts.
1852.237-70 Emergency Evacuation Procedures.
1852.237-71 Pension Portability.
1852.239-70 Alternate Delivery Points.
1852.241-70 Renewal of Contract.
1852.242-70 Technical Direction.
1852.242-71 Travel Outside of the United States.
1852.242-72 Observance of Legal Holidays.
1852.242-73 NASA Contractor Financial Management Reporting.
1852.242-74 Notice of Earned Value Management System.
1852.242-75 Earned Value Management System.
1852.242-76 Modified Cost Performance Report.
1852.242-77 Modified Cost Performance Report Plans.
1852.242-78 Emergency Medical Services and Evacuation.
1852.243-70 Engineering Change Proposals.
1852.243-71 Shared Savings.
1852.243-72 Equitable Adjustments.
1852.244-70 Geographic Participation in the Aerospace Program.
1852.245-70 Contractor Requests for Government-Owned Equipment.
1852.245-71 Installation-Accountable Government Property.
1852.245-72 Liability for Government Property Furnished for Repair or Other
Services.
1852.245-73 Financial Reporting of NASA Property in the Custody of Contractors.
1852.245-74 Contractor Accountable On-Site Government Property.
1852.245-75 Title to Equipment.
1852.245-76 List of Government-Furnished Property.
1852.245-77 List of Installation-Accountable Property and Services.
1852.245-79 Use of Government-Owned Property.
1852.245-80 Use of Government Production and Research Property on a
No-Charge Basis.
1852.246-70 Mission Critical Space System Personnel Reliability Program.
1852.246-71 Government Contract Quality Assurance.
1852.246-72 Material Inspection and Receiving Report.
1852.246-73 Human Space Flight Item.
1852.247-71 Protection of the Florida Manatee.
1852.247-72 Advance Notice of Shipment.
1852.247-73 Bills of Lading.
1852.249-72 Termination (Utilities).
SUBPART 1852.3 PROVISION AND CLAUSE MATRIX
1852.300 Scope of Subpart.
1852.301 Solicitation Provisions and Contract Clauses (Matrix).
PART 1852
SOLICITATION PROVISIONS AND CONTRACT CLAUSES
1852.000 Scope of part.
This part, in conjunction with FAR Part 52, (a) sets forth the provisions and clauses prescribed in the NFS, (b) gives instructions for their use, and (c) presents a matrix listing the provisions and clauses applicable to each principal contract type and/or purpose (e.g., fixed-price supply, cost-reimbursement research and development).
Subpart 1852.1--Instructions for Using Provisions and Clauses
1852.101 Using Part 52.
(b)(2)(i)(B) NASA contracting offices prescribing or developing clauses shall ensure that the requirements of Subpart 1801.3 are met.
(e)(1) The NFS matrix in Subpart 1852.3 is formatted similarly to that in the FAR. The first page of the NFS matrix contains a key to column headings, a dollar threshold chart, and requirement symbols. To fully determine the applicability of a provision or clause in the "required-when-applicable" and "optional" categories, Contracting Officers shall refer to the NFS text (cited in the matrix) that prescribes its use.
(4) The NFS matrix may be reproduced by field installations for the purpose of supplementing it with installation-developed provisions and clauses.
1852.103 Identification of provisions and clauses.
(b) Provisions and clauses prescribed by a field installation to satisfy its needs shall be identified as stated in paragraphs (b)(i) and (ii) of this section. Articles, formats, and similar language shall be treated as provisions and clauses for purposes of this section 1852.103.
(i) A provision or clause shall be numbered using a prefix, a base, and a suffix. The prefix shall be an alphabetical abbreviation of the installation name (e.g., ARC, DFRC, GRC, GSFC, JSC, KSC, LARC, MSFC, SSC, or SSPO). The base shall be a numeric value beginning with "52.2," with the next two digits corresponding to the number of the FAR or NFS subject part to which the provision or clause relates. The suffix shall be a hyphen and sequential number assigned within each part. NASA installations shall use suffix numbers from -90 to -199. For example, the first Johnson Space Center (JSC) provision or clause relating to Part 36 of the FAR or NFS shall be JSC 52.236-90, the second JSC 52.236-91, and so forth. Provisions and clauses shall be dated in accordance with FAR 52.101(f).
(ii) Contracting officers shall identify provisions and clauses as in the following examples:
1852.232-81 Contract Funding.
As prescribed in 1832.705-270(b), insert the following clause:
CONTRACT FUNDING
(JUNE 1990)
(a) For purposes of payment of cost, exclusive of fee, in accordance with the Limitation of Funds clause, the total amount allotted by the Government to this contract is $ . This allotment is for [Insert applicable item number(s), task(s), or work description] and covers the following estimated period of performance: .
(b) An additional amount of $ is obligated under this contract for payment of fee.
1852.232-82 Submission of Requests for Progress Payments.
As prescribed in 1832.502-470, insert the following clause:
SUBMISSION OF REQUESTS FOR PROGRESS PAYMENTS
(MARCH 1989)
The Contractor shall request progress payments in accordance with the Progress Payments clause by submitting to the Contracting Officer an original and two copies of Standard Form (SF) 1443, Contractor's Request for Progress Payment, and the contractor's invoice (if applicable). The Contracting Officer's office is the designated billing office for progress payments for purposes of the Prompt Payment clause.
1852.233-70 Protests to NASA.
As prescribed in 1833.106-70, insert the following provision:
PROTESTS TO NASA
(OCTOBER 2002)
Potential bidders or offerors may submit a protest under 48 CFR Part 33 (FAR Part 33) directly to the Contracting Officer. As an alternative to the Contracting Officer's consideration of a protest, a potential bidder or offeror may submit the protest to the Assistant Administrator for Procurement, who will serve as or designate the official responsible for conducting an independent review. Protests requesting an independent review shall be addressed to Assistant Administrator for Procurement, NASA Code H, Washington, DC 20546-0001.
1852.235-70 Center for AeroSpace Information.
As prescribed in 1835.070(a), insert the following clause:
CENTER FOR AEROSPACE INFORMATION
(FEBRUARY 2003)
(a) The Contractor should register with and avail itself of the services provided by the NASA Center for AeroSpace Information (CASI) (http://www.sti.nasa.gov) for the conduct of research or research and development required under this contract. CASI provides a variety of services and products as a NASA repository and database of research information, which may enhance contract performance.
(b) Should the CASI information or service requested by the Contractor be unavailable or not in the exact form necessary by the Contractor, neither CASI nor NASA is obligated to search for or change the format of the information. A failure to furnish information shall not entitle the Contractor to an equitable adjustment under the terms and conditions of this contract.
(c) Information regarding CASI and the services available can be obtained at the Internet address contained in paragraph (a) of this clause or at the following address.
Center for AeroSpace Information (CASI)
7115 Standard Drive
Hanover, Maryland 21076-1320
Email: help@sti.nasa.gov
Phone: 301-621-0390
Fax: 301-621-0134
1852.235-73 Final Scientific and Technical Reports.
As prescribed in 1835.070(d) insert the following clause:
FINAL SCIENTIFIC AND TECHNICAL REPORTS
(JANUARY 2005)
(a) The Contractor shall submit to the Contracting Officer
a final report that summarizes the results of the entire contract, including
recommendations and conclusions based on the experience and results
obtained. The final report should include tables, graphs, diagrams, curves,
sketches, photographs, and drawings in sufficient detail to explain
comprehensively the results achieved under the contract.
(b)
The final report shall be of a quality suitable for publication and shall follow
the formatting and stylistic guidelines contained in NPR 2200.2B, Requirements
for Documentation, Approval, and Dissemination of NASA Scientific and Technical
Information. Electronic formats for submission of reports should be used to the
maximum extent practical. Before electronically submitting reports containing
scientific and technical information (STI) that is export-controlled or limited
or restricted, contact the Contracting Officer to determine the requirements
to electronically transmit these forms of STI. If appropriate electronic safeguards
are not available at the time of submission, a paper copy or a CD-ROM of the
report shall be required. Information regarding appropriate electronic formats
for final reports is available at http://www.sti.nasa.gov under “Publish STI
– Electronic File Formats.”
(c)
The last page of the final report shall be a completed Standard Form (SF) 298,
Report Documentation Page.
(d) In addition to the final report submitted to the Contracting
Officer, the Contractor shall concurrently provide to the Center STI/Publication
Manager and the NASA Center for AeroSpace Information (CASI) a copy of
the letter transmitting the final report to the Contracting Officer.
The copy of the letter shall be submitted to CASI at the following address:
Center for AeroSpace Information (CASI)
Attn: Acquisitions Collections Development Specialist
7115 Standard Drive
Hanover , Maryland 21076-1320
ALTERNATE I
(FEBRUARY 2003)
As prescribed by 1835.070(d)(1), insert the following as paragraph (e) of the basic clause:
(e) The data resulting from this research activity is "fundamental research" which will be broadly shared within the scientific community. No foreign national access or dissemination restrictions apply to this research activity. The Contractor may publish, release, or otherwise disseminate data produced during the performance of this contract, including the final report, without prior review by NASA for export control or national security purposes. However, NASA retains the right to review the final report to ensure that proprietary information, which may have been provided to the Contractor, is not released without authorization and for consistency with NASA publication standards. Additionally, the Contractor is responsible for reviewing any publication, release, or dissemination of the data for conformance with other restrictions expressly set forth in this contract, and to the extent it receives or is given access to data necessary for the performance of the contract which contain restrictive markings, for compliance with such restrictive markings.
Alternate II
(FEBRUARY 2003)
As prescribed by 1835.070(d)(2), insert the following as paragraph (e) of the basic clause:
(e) Data resulting from this research activity may be subject to export control, national security restrictions or other restrictions designated by NASA; or, to the extent the Contractor receives or is given access to data necessary for the performance of the contract which contain restrictive markings, may include proprietary information of others. Therefore, the Contractor shall not publish, release, or otherwise disseminate, except to NASA, data produced during the performance of this contract, including data contained in the final report and any additional reports required by 1852.235-74 when included in the contract, without prior review by NASA. Should the Contractor seek to publish, release, or otherwise disseminate data produced during the performance of this contract, the Contractor may do so once NASA has completed its document availability authorization review and the availability of the data has been determined.
1852.235-74 Additional Reports of Work -- Research and Development.
As prescribed in 1835.070(e), insert a clause substantially the same as the following:
ADDITIONAL REPORTS OF WORK -- RESEARCH AND DEVELOPMENT
(FEBRUARY 2003)
In addition to the final report required under this contract, the Contractor shall submit the following report(s) to the Contracting Officer:
(a) Monthly progress reports. The Contractor shall submit separate monthly reports of all work accomplished during each month of contract performance. Reports shall be in narrative form, brief, and informal. They shall include a quantitative description of progress, an indication of any current problems that may impede performance, proposed corrective action, and a >discussion of the work to be performed during the next monthly reporting period.
(b) Quarterly progress reports. The Contractor shall submit separate quarterly reports of all work accomplished during each three-month period of contract performance. In addition to factual data, these reports should include a separate analysis section interpreting the results obtained, recommending further action, and relating occurrences to the ultimate objectives of the contract.
Sufficient diagrams, sketches, curves, photographs, and drawings should be included to convey the intended meaning.
(c) Submission dates. Monthly and quarterly reports shall be submitted by the 15th day of the month following the month or quarter being reported. If the contract is awarded beyond the middle of a month, the first monthly report shall cover the period from award until the end of the following month. No monthly report need be submitted for the third month of contract effort for which a quarterly report is required. No quarterly report need be submitted for the final three months of contract effort since that period will be covered in the final report. The final report shall be submitted within ____days after the completion of the effort under the contract.
1852.236-71 Additive or Deductive Items.
As prescribed in 1836.570(a), insert the following provision:
ADDITIVE OR DEDUCTIVE ITEMS
(MARCH 1989)
(a) The low bidder for purposes of award shall be the conforming responsible bidder offering the low aggregate amount for the first or base bid item, plus or minus (in order of priority listed in the Schedule) those additive or deductive bid items providing the most features of the work within the funds determined by the Government to be available before bids are opened. If addition of another bid item in the listed order of priority would make the award exceed those funds for all bidders, it shall be skipped and the next subsequent additive bid item in a lower amount shall be added for each bid if award on it can be made within the funds.
(b) An example for one bid is an amount available of $100,000, a bidder's base bid of $85,000, and four successive additives of $10,000, $8,000, $6,000, and $4,000. In this example, the aggregate amount of the bid for purposes of award would be $99,000 for the base bid plus the first and fourth additives, the second and third additives being skipped because either of them would cause the aggregate bid to exceed $100,000.
(c) All bids shall be evaluated on the basis of the same additive or deductive bid items. The listed order of priority must be followed only for determining the low bidder. After determination of the low bidder, award in the best interests of the Government may be made to that bidder on its base bid and any combination of its additive or deductive bid items for which funds are determined to be available at the time of the award, provided that award of the combination of bid items does not exceed the amount offered by any other conforming responsible bidder for the same combination of bid items.
1852.236-72 Bids with Unit Prices.
As prescribed in 1836.570(b), insert the following provision:
BIDS WITH UNIT PRICES
(MARCH 1989)
(a) All extensions of the unit prices bid will be subject to verification by the Government. If there is variation between the unit price and any extended amounts, the unit price will be considered to be the bid.
(b) If a modification to a bid based on unit prices that provides for a lump-sum adjustment to the total estimated cost is submitted, the application of the lump sum adjustment to each unit
+ Introduction + Part 1804 + Part 1827 + Part 1835
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