1852.215-77 Preproposal/Pre-bid Conference.
As prescribed in 1815.209-70(a),
insert the following provision:
PREPROPOSAL/PRE-BID
CONFERENCE
(DECEMBER 1988)
(a)
A preproposal/pre-bid conference will be held as
indicated below:
Date:
Time:
Location:
Other Information, as applicable:
[Insert the applicable conference information.]
(b) Attendance at the preproposal/pre-bid
conference is recommended; however, attendance is neither required nor a
prerequisite for proposal/bid submission and will not be considered in the
evaluation.
(End of provision)
1852.215-78 Make or
Buy Program Requirements.
As prescribed in 1815.408-70(a),
insert the following provision:
MAKE
OR BUY PROGRAM REQUIREMENTS
(FEBRUARY 1998)
The offeror shall submit a Make-or-Buy Program in accordance with the requirements of Federal Acquisition Regulation (FAR) 15.407-2. The offeror shall include the following supporting documentation with its proposal:
(a)
A description of each major item or work effort.
(b) Categorization of each major item or work
effort as "must make," "must buy," or "can either make
or buy."
(c) For each item or work effort categorized as
"can either make or buy," a proposal either to "make" or
"buy."
(d) Reasons for (i) categorizing items and work
effort as "must make" or "must buy" and (ii) proposing to
"make" or "buy" those categorized as "can either make
or buy." The reasons must include the consideration given to the
applicable evaluation factors described in the solicitation and be in
sufficient detail to permit the Contracting Officer to evaluate the
categorization and proposal.
(e) Designation of the offeror's plant or
division proposed to make each item or perform each work effort and a statement
as to whether the existing or proposed new facility is in or near a labor
surplus area.
(f) Identification of proposed subcontractors,
if known, and their location and size status.
(g) Any recommendations to defer make-or-buy
decisions when categorization of some items or work efforts is impracticable at
the time of submission.
(End of provision)
1852.215-79 Price
Adjustment for "Make-or-Buy" Changes.
As prescribed in 1815.408-70(b),
insert the following clause:
PRICE
ADJUSTMENT FOR "MAKE-OR-BUY" CHANGES
(DECEMBER 1988)
The following make-or-buy items are subject to the provisions of paragraph (d) of the clause at FAR 52.215-21, Change or Additions to Make-or-Buy Program, of this contract:
|
ITEM |
MAKE-OR-BUY |
|
|
|
|
|
|
(End of clause)
1852.215-81 Proposal Page
Limitations.
As prescribed in 1815.209-70(d),
insert the following provision:
PROPOSAL
PAGE LIMITATIONS
(FEBRUARY 1998)
(a) The following page limitations are established for each portion of the proposal submitted in response to this solicitation.
|
Proposal
Section |
Page Limit |
|
|
|
|
|
|
|
|
|
|
|
|
(b)
A page is defined as one side of a sheet, 8 1/2" x 11", with at least
one inch margins on all sides, using not smaller than 12 point type. Foldouts
count as an equivalent number of 8 1/2" x 11" pages. The metric standard
format most closely approximating the described standard 8 1/2" x 11"
size may also be used.
(c) Title pages and tables of contents are
excluded from the page counts specified in paragraph (a) of this provision. In
addition, the Cost section of your proposal is not page limited. However,
this section is to be strictly limited to cost and price information.
Information that can be construed as belonging in one of the other sections of
the proposal will be so construed and counted against that section's page
limitation.
(d) If final revisions are requested, separate
page limitations will be specified in the Government's request for that
submission.
(e) Pages submitted in excess of the limitations
specified in this provision will not be evaluated by the Government and will be
returned to the offeror.
(End of provision)
1852.215-84 Ombudsman.
As prescribed in 1815.7003,
insert the following clause:
OMBUDSMAN
(OCTOBER 2003)
(a) An ombudsman has been appointed to hear and
facilitate the resolution of concerns from offerors,
potential offerors, and contractors during the preaward and postaward phases of
this acquisition. When requested, the ombudsman will maintain strict
confidentiality as to the source of the concern. The existence of the ombudsman
is not to diminish the authority of the contracting officer, the Source
Evaluation Board, or the selection official. Further, the ombudsman does not
participate in the evaluation of proposals, the source selection process, or
the adjudication of formal contract disputes. Therefore, before consulting with
an ombudsman, interested parties must first address their concerns, issues,
disagreements, and/or recommendations to the contracting officer for
resolution.
(b) If resolution cannot be made by the
contracting officer, interested parties may contact the installation ombudsman,
_____________ [Insert name, address, telephone number, facsimile number,
and e-mail address]. Concerns, issues, disagreements, and
recommendations which cannot be resolved at the installation may be referred to
the NASA ombudsman, the Director of the Contract Management Division, at 202-358-0445, facsimile 202-358-3083, e-mail
james.a.balinskas@nasa.gov.
Please do not contact the ombudsman to request copies of the solicitation,
verify offer due date, or clarify technical requirements. Such inquiries shall
be directed to the contracting officer or as specified elsewhere in this
document.
(End of clause)
ALTERNATE
I
(JUNE 2000)
As prescribed in 1815.7003, insert the following paragraph (c):
(c) If this is a task or delivery order contract, the ombudsman shall review complaints from contractors and ensure they are afforded a fair opportunity to be considcered, consistent with the procedures of the contract.
(End of clause)
1852.216-73 Estimated
Cost and Cost Sharing.
As prescribed in 1816.307-70(a),
insert the following clause:
ESTIMATED
COST AND COST SHARING
(DECEMBER 1991)
(a) It
is estimated that the total cost of performing the work under this contract
will be $ _______
.
(b) For performance of the work under this
contract, the Contractor shall be reimbursed for not more than
__ percent of the costs of performance determined to be allowable
under the Allowable Cost and Payment clause. The remaining
__ percent or more of the costs of performance so
determined shall constitute the Contractor's share, for which it will not be
reimbursed by the Government.
(c) For purposes of the
__ [insert "Limitation of Cost" or
"Limitation of Funds"] clause, the total estimated cost to the
Government is hereby established as $
(insert estimated Government share); this amount is the maximum Government
liability.
(d) The Contractor shall maintain records of all
contract costs claimed by the Contractor as constituting part of its
share. Those records shall be subject to audit by the Government. Costs
contributed by the Contractor shall not be charged to the Government under any
other grant, contract, or agreement (including allocation to other grants,
contracts, or agreements as part of an independent research and development
program).
(End
of clause)
1852.216-74 Estimated Cost
and Fixed Fee.
As prescribed in 1816.307-70(b),
insert the following clause:
ESTIMATED
COST AND FIXED FEE
(DECEMBER 1991)
The estimated cost of this contract is ___ ___ exclusive of the fixed fee of ___ . The total estimated cost and fixed fee is ___ .
(End of clause)
1852.216-75 Payment
of Fixed Fee.
As prescribed in 1816.307-70(c),
insert the following clause:
PAYMENT
OF FIXED FEE
(DECEMBER 1988)
The fixed fee shall be paid in monthly installments based upon the percentage of completion of work as determined by the Contracting Officer.
(End of clause)
1852.216-76 Award Fee
for Service Contracts.
As prescribed in 1816.406-70(a),
insert the following clause:
AWARD
FEE FOR SERVICE CONTRACTS
(JUNE 2000)
(a)
The contractor can earn award fee from a minimum of zero dollars to the maximum
stated in NASA FAR Supplement clause 1852.216-85,
"Estimated Cost and Award Fee" in this contract.
(b) Beginning 6* 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. 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 [identify
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 [insert payment office] will make
payment based on [Insert method of authorizing award fee payment, e.g.,
issuance of unilateral modification 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 which can be awarded
in each evaluation period is limited to the amounts set forth at [identify
location of award fee amounts]. Award fee which is not
earned in an evaluation period cannot be reallocated to future evaluation
periods.
(f) (1) Provisional award fee payments [insert
"will" or "will not", as applicable] 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 [insert the frequency of provisional payments
(not more often than monthly)] basis. The total amount of
award fee available in an evaluation period that will be provisionally paid is
the lesser of [Insert a percent not to exceed 80 percent] 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 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 [insert "will" or "will
not", as appropriate] 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.
* [A period of time greater or lesser than 6 months may be substituted in accordance with 1816.405-272(a).]
(End of clause)
1852.216-77 Award Fee for End Item Contracts.
As prescribed in 1816.406-70(b),
insert the following clause:
AWARD
FEE FOR END ITEM CONTRACTS
(JUNE 2000)
(a)
The contractor can earn award fee, or base fee, if any, from a minimum of zero dollars
to the maximum stated in NASA FAR Supplement clause 1852.216-85,
"Estimated Cost and Award Fee" in this contract. All award fee
evaluations, with the exception of the last evaluation, will be interim
evaluations. At the last evaluation, which is final, the Contractor's
performance for the entire contract will be evaluated to determine total earned
award fee. No award fee or base fee will be paid to the Contractor if the final
award fee evaluation is "poor/unsatisfactory."
(b) Beginning 6* months after the
effective date of this contract, the Government will evaluate the Contractor's
interim performance every 6* months to monitor Contractor performance prior to
contract completion and to provide feedback to the Contractor. The evaluation
will be performed in accordance with [identify performance evaluation plan]
to this contract. The Contractor may submit a self-evaluation of
performance for each period under consideration. These self-evaluations will be
considered by the Government in its evaluation. The Government will advise the
Contractor in writing of the evaluation results. The plan may be revised
unilaterally by the Government prior to the beginning of any rating period to
redirect emphasis.
(c) (1) Base fee, if applicable, will be
paid in [Insert "monthly", or less frequent period]
installments based on the percent of completion of the work as determined by
the Contracting Officer.
(2)
Interim award fee payments will be made to the Contractor based on each interim
evaluation. The amount of the interim award fee payment is limited to the
lesser of the interim evaluation score or 80 percent of the fee allocated to that
period less any provisional payments made during the period. All interim
award fee payments will be superseded by the final award fee determination.
(3)
Provisional award fee payments will [insert "not" if applicable]
be made under this contract pending each interim evaluation. If applicable,
provisional award fee payments will be made to the Contractor on a [insert
the frequency of provisional payments (not more often than monthly) basis.
The amount of award fee which will be provisionally paid in each evaluation
period is limited to [Insert a percent not to exceed 80 percent] of the
prior interim evaluation score (see [insert applicable cite]).
Provisional award fee payments made each evaluation period will be superseded
by the interim award fee evaluation for that period. If provisional payments
made exceed the interim 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. If
the Government determines that (i) the total amount of provisional fee payments
will apparently substantially exceed the anticipated final evaluation
score, or (ii) the prior interim evaluation is
"poor/unsatisfactory," the Contracting Officer will direct the
suspension or reduction of the future payments and/or request a prompt refund
of excess payments as appropriate. Written notification of the determination
will be provided to the Contractor with a copy to the Deputy Chief Financial
Officer (Finance).
(4)
All interim (and provisional, if applicable) fee payments will be superseded by
the fee determination made in the final award fee evaluation. The Government
will then pay the Contractor, or the Contractor will refund to the Government
the difference between the final award fee determination and the cumulative
interim (and provisional, if applicable) fee payments. If the final award fee
evaluation is "poor/unsatisfactory", any base fee paid will be
refunded to the Government.
(5)
Payment of base fee, if applicable, will be made based on submission of an
invoice by the Contractor. Payment of award fee will be made by the[insert
payment office] based on [Insert method of making award fee
payment, e.g., issuance of a unilateral modification by the Contracting
Officer].
(d) Award fee determinations are
unilateral decisions made solely at the discretion of the Government.
* [A period of time greater or lesser than 6 months may be substituted in accordance with 1816.405-272(a).]
(End of clause)
1852.216-78 Firm Fixed Price.
As prescribed in 1816.202-70,
insert the following clause:
FIRM
FIXED PRICE
(DECEMBER 1988)
The total firm fixed price of this contract is $ [Insert the appropriate amount].
(End of clause)
1852.216-80 Task Ordering
Procedure.
As prescribed in 1816.506-70,
insert the following clause:
TASK
ORDERING PROCEDURE
(OCTOBER 1996)
(a)
Only the Contracting Officer may issue task orders to the Contractor, providing
specific authorization or direction to perform work within the scope of the
contract and as specified in the schedule. The Contractor may incur costs under
this contract in performance of task orders and task order modifications issued
in accordance with this clause. No other costs are authorized unless otherwise
specified in the contract or expressly authorized by the Contracting Officer.
(b) Prior to issuing a task order, the
Contracting Officer shall provide the Contractor with the following data:
(1) A
functional description of the work identifying the objectives or results
desired from the contemplated task order.
(2) Proposed
performance standards to be used as criteria for determining whether the work
requirements have been met.
(3) A
request for a task plan from the Contractor to include the technical approach,
period of performance, appropriate cost information, and any other information
required to determine the reasonableness of the Contractor's proposal.
(c) Within ____ calendar days after receipt of
the Contracting Officer's request, the Contractor shall submit a task plan
conforming to the request.
(d) After review and any necessary discussions,
the Contracting Officer may issue a task order to the Contractor containing, as
a minimum, the following:
(1) Date of
the order.
(2) Contract
number and order number.
(3)
Functional description of the work identifying the objectives or results
desired from the task order, including special instructions or other
information necessary for performance of the task.
(4)
Performance standards, and where appropriate, quality assurance standards.
(5) Maximum
dollar amount authorized (cost and fee or price). This includes allocation of
award fee among award fee periods, if applicable.
(6) Any
other resources (travel, materials, equipment, facilities, etc.) authorized.
(7)
Delivery/performance schedule including start and end dates.
(8) If
contract funding is by individual task order, accounting and appropriation
data.
(e) The Contractor shall provide
acknowledgment of receipt to the Contracting Officer within ____ calendar days
after receipt of the task order.
(f) If time constraints do not permit
issuance of a fully defined task order in accordance with the procedures
described in paragraphs (a) through (d), a task order which includes a ceiling
price may be issued.
(g) The Contracting Officer may amend tasks in
the same manner in which they were issued.
(h) In the event of a conflict between the
requirements of the task order and the Contractor's approved task plan, the
task order shall prevail.
(End of clause)
ALTERNATE
I
(OCTOBER 1996)
As prescribed in 1816.506-70, insert the following paragraph (i) if the contract does not include 533M reporting:
(i) Contractor shall submit monthly task order progress reports. As
a minimum, the reports shall contain the following information:
(1)
Contract number, task order number, and date of the order.
(2)
Task ceiling price.
(3)
Cost and hours incurred to date for each issued task.
(4)
Costs and hours estimated to complete each issued task.
(5)
Significant issues/problems associated with a task.
(6)
Cost summary of the status of all tasks issued under the contract.
1852.216-81 Estimated
Cost.
As prescribed in 1816.307-70(d),
insert the following clause:
ESTIMATED
COST
(DECEMBER 1988)
The total estimated cost for complete performance of this contract is $ [Insert total estimated cost of the contract]. See FAR clause 52.216-11, Cost Contract--No Fee, of this contract.
(End of clause)
1852.216-83 Fixed
Price Incentive.
As prescribed in 1816.406-70(c),
insert the following clause:
FIXED
PRICE INCENTIVE
(OCTOBER 1996)
The target cost of this contract is $ ___ . The Target profit of this contract is $______. The target price (target cost plus target profit) of this contract is $ ____ . [The ceiling price is $ _______ .]
The cost sharing for target cost underruns is:
Government ____ percent
-- Contractor ____ percent.
The cost sharing for target cost
overruns is:
Government ____ percent
-- Contractor ____ percent.
(End of clause)
1852.216-84 Estimated
Cost and Incentive Fee.
As prescribed in 1816.406-70(d),
insert the following clause:
ESTIMATED
COST AND INCENTIVE FEE
(OCTOBER 1996)
The target cost of this contract is $ _____ . The target fee of this contract is $ The total target cost and target fee as contemplated by the Incentive Fee clause of this contract are $ ____ .
The maximum fee is $______.
The minimum fee is $______.
The cost
sharing for cost underruns is:
Government ____ percent
-- Contractor ____ percent.
The cost
sharing for cost overruns is:
Government ____ percent
-- Contractor ____ percent.
(End of clause)
1852.216-85
Estimated Cost and Award Fee.
As prescribed in 1816.406-70(e),
insert the following clause:
ESTIMATED
COST AND AWARD FEE
(SEPTEMBER 1993)
The estimated cost of this contract is $ ____ . The maximum available award fee, excluding base fee, if any, is $_______. The base fee is $_______. Total estimated cost, base fee, and maximum award fee are $ _____ .
(End of clause)
ALTERNATE
I
(SEPTEMBER 1993)
As prescribed in 1816.406-70(e), insert the following sentence at the end of the clause:
The maximum positive performance incentive is $_____ . The maximum negative performance incentive is ___(1)__ .
(1) For research development hardware contracts, insert [equal to total earned award fee (including any base fee)]. For production hardware contracts, insert [$ total potential award fee amount, including any base fee)].
(End of clause)
1852.216-87 Submission
of Vouchers for Payment
As prescribed in 1816.307-70(e),
insert the following clause:
SUBMISSION
OF VOUCHERS FOR PAYMENT
(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:
[Insert the mailing address for submission of cost vouchers]
(2) For any period that the Defense Contract Audit Agency has authorized
the Contractor to submit interim cost vouchers directly to the Government paying
office, interim vouchers are not required to be sent to the Auditor, and are
considered to be provisionally approved for payment, subject to final audit.
(3)
Copies of vouchers should be submitted as directed by the Contracting Officer.
(c) If the contractor is not authorized to
submit interim cost vouchers directly to the paying office as described in
paragraph (b), the contractor shall prepare and submit vouchers as follows:
(1)
One original Standard Form (SF) 1034, SF 1035, or equivalent Contractor's
attachment to:
[Insert the appropriate NASA or DCAA mailing office address for submission of cost vouchers]
(2) Five 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) Copy 1 NASA Contracting Officer
(ii) Copy 2 Auditor
(iii) Copy 3 Contractor
(iv) Copy 4 Contract administration office; and
(v) Copy 5 Project management office.
(3)
The Contracting Officer may designate other recipients as required.
(d) Public vouchers for payment of fee shall be
prepared similarly to the procedures in paragraphs (b)or (c) of this clause,
whichever is applicable, and be forwarded to:
[insert the mailing address for submission of fee vouchers]
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)
1852.216-88 Performance
Incentive.
As prescribed in 1816.406-70(f),
insert the following clause:
PERFORMANCE
INCENTIVE
(JANUARY 1997)
(a) A performance incentive applies to the following hardware item(s) delivered under this contract: (1)
The
performance incentive will measure the performance of those items against the
salient hardware performance requirement, called "unit(s) of
measurement," e.g., months in service or amount of data transmitted,
identified below. The performance incentive becomes effective when the hardware
is put into service. It includes a standard performance level, a positive
incentive, and a negative incentive, which are described in this clause.
(b) Standard performance level. At the
standard performance level, the Contractor has met the contract requirement for
the unit of measurement. Neither positive nor negative incentives apply when
this level is achieved but not exceeded. The standard performance level for (1)
is established as follows: (2)
(c) Positive incentive. The Contractor
earns a separate positive incentive amount for each hardware item listed in
paragraph (a) of this clause when the standard performance level for that item
is exceeded. The amount earned for each item varies with the units of
measurement achieved, up to a maximum positive performance incentive amount of
$ (3) per item. The units of measurement and the incentive
amounts associated with achieving each unit are shown below: (4)
(d) Negative incentive. The Contractor
will pay to the Government a negative incentive amount for each hardware item
that fails to achieve the standard performance level. The amount to be paid for
each item varies with the units of measurement achieved, up to the maximum
negative incentive amount of $ (5) . The units of
measurement and the incentive amounts associated with achieving each unit are
shown below: (6)
(e) The final calculation of positive or negative
performance incentive amounts shall be done when performance (as defined by the
unit of measurement) ceases or when the maximum positive incentive is reached.
(1)
When the Contracting Officer determines that the performance level achieved fell
below the standard performance level, the Contractor will either pay the amount
due the Government or credit the next payment voucher for the amount due, as
directed by the Contracting Officer.
(2)
When the performance level exceeds the standard level, the Contractor may
request payment of the incentive amount associated with a given level of
performance, provided that such payments shall not be more frequent than
monthly. When performance ceases or the maximum positive incentive is reached,
the Government shall calculate the final performance incentive earned and
unpaid and promptly remit it to the contractor.
(f) If performance cannot be demonstrated,
through no fault of the Contractor, within [insert number of months
or years] after the date of hardware acceptance by the Government, the
Contractor will be paid [insert percentage] of the maximum
performance incentive.
(g) The decisions made as to the amount(s) of
positive or negative incentives are subject to the Disputes clause.
(1) Insert
applicable item number(s) and/or nomenclature.
(2) Insert a specific unit of measurement for each hardware
item listed in (1) and each salient characteristic, if more than one.
(3) Insert the maximum positive performance incentive amount
(see 1816.402-270(e)(1)
and (2)).
(4) Insert all units of measurement and associated dollar
amounts up to the maximum performance incentive.
(5) Insert the appropriate amount in accordance with 1816.402-270(e).
(6) Insert all units of measurement and associated dollar amounts
up to the maximum negative performance incentive.
(End of clause)
1852.216-89 Assignment and
Release Forms.
As prescribed in 1816.307-70(f),
insert the following clause:
ASSIGNMENT
AND RELEASE FORMS
(JULY 1997)
The Contractor shall use the following forms to fulfill the assignment and release requirements of FAR clause 52.216-7, Allowable Cost and Payment, and FAR clause 52.216-13, Allowable Cost and Payment (Facilities):
NASA Form 778, Contractor's Release;
NASA Form 779, Assignee's Release;
NASA Form 780, Contractor's Assignment of Refunds, Rebates, Credits, and Other
Amounts; and
NASA Form 781, Assignee's Assignment of Refunds, Rebates, Credits, and Other
Amounts.
Computer generated forms are acceptable, provided that they comply with FAR clause
52.253-1,
Computer Generated Forms.
(End of clause)