PART 1852
SOLICITATION PROVISIONS AND CONTRACT CLAUSES

TABLE OF CONTENTS

1852.000                                 Scope of part.

SUBPART        1852.1           INSTRUCTIONS FOR USING PROVISIONS AND CLAUSES
1852.101                                 Using Part 52.
1852.103                                 Identification of provisions and clauses.
1852.103-70                            Identification of modified provisions and clauses.
1852.104                                 Procedures for modifying and completing provisions and clauses.

SUBPART        1852.2           TEXTS OF PROVISIONS AND CLAUSES
1852.203-70                            Display of Inspector General Hotline Posters.


1852.204-75                            Security Classification Requirements.
1852.204-76                            Security Requirements for Unclassified Automated Information Resources.

1852.208-81                           Restrictions on Printing and Duplicating.

1852.209-70                           Product Removal from Qualified Products List.
1852.209-71                            Limitation of Future Contracting.
1852.209-72                            Composition of the Contractor.

1852.211-70                            Packaging, Handling, and Transportation.

1852.213-70                            Offeror Representations and Certifications–Other Than Commercial Items.

1852.213-71                            Evaluation–-Other Than Commercial Items.

1852.214-70                            Caution to Offerors Furnishing Descriptive Literature.
1852.214-71                            Grouping for Aggregate Award.
1852.214-72                            Full Quantities.

1852.215-77                            Preproposal/Pre-bid Conference.
1852.215-78                            Make or Buy Program Requirements.
1852.215-79                            Price Adjustment for "Make-or-Buy" Changes.
1852.215-81                            Proposal Page Limitations.
1852.215-84                            Ombudsman.

1852.216-73                            Estimated Cost and Cost Sharing.
1852.216-74                            Estimated Cost and Fixed Fee.
1852.216-75                            Payment of Fixed Fee.
1852.216-76                            Award Fee for Service Contracts.
1852.216-77                            Award Fee for End Item Contracts.
1852.216-78                            Firm Fixed Price.
1852.216-80                            Task Ordering Procedure.
1852.216-81                            Estimated Cost.
1852.216-83                            Fixed Price Incentive.
1852.216-84                            Estimated Cost and Incentive Fee.
1852.216-85                            Estimated Cost and Award Fee.
1852.216-87                            Submission of Vouchers for Payment.
1852.216-88                            Performance Incentive.
1852.216-89                            Assignment and Release Forms.

1852.217-70                            Property Administration and Reporting.
1852.217-71                            Phased Procurement Using Down-Selection Procedures.
1852.217-72                            Phased Procurement Using Progressive Competition Down-Selection Procedures.

1852.219-73                            Small Business Subcontracting Plan.
1852.219-74                            Use of Rural Area Small Businesses.
1852.219-75                            Small Business Subcontracting Reporting.
1852.219-76                            NASA 8 Percent Goal.
1852.219-77                            NASA Mentor-Protégé Program.
1852.219-79                            Mentor Requirements and Evaluation.

1852.219-80                            Limitation on Subcontracting – SBIR Phase I Program.

1852.219-81                            Limitation on Subcontracting – SBIR Phase II Program.

1852.219-82                            Limitation on Subcontracting – STTR Program.

1852.219-83                            Limitation of the Principal Investigator SBIR Program.

1852.219-84                            Limitation of the Principal Investigator STTR Program.

1852.219-85                            Conditions for Final Payment – SBIR and STTR Contracts.

 

1852.223-70                            Safety and Health.
1852.223-71                            Frequency Authorization.

1852.223-72                            Safety and Health (Short Form).
1852.223-73                            Safety and Health Plan.
1852.223-74                            Drug- and Alcohol-Free Workforce.
1852.223-75                            Major Breach of Safety or Security.
1852.223-76                            Federal Automotive Statistical Tool Reporting.

1852.225-8                              Duty-Free Entry of Space Articles.
1852.225-70                            Export Licenses.
1852.227-11                            Patent Rights--Retention by the Contractor (Short Form).
1852.227-14                            Rights in Data--General.
1852.227-17                            Rights in Data--Special Works.
1852.227-19                            Commercial Computer Software--Restricted Rights.
1852.227-70                            New Technology.
1852.227-71                            Requests for Waiver of Rights to Inventions.
1852.227-72                            Designation of New Technology Representative and Patent Representative.
1852.227-84                            Patent Rights Clauses.
1852.227-85                            Invention Reporting and Rights--Foreign.
1852.227-86                            Commercial Computer Software--Licensing.
1852.228-70                            Aircraft Ground and Flight Risk.
1852.228-71                            Aircraft Flight Risks.
1852.228-72                            Cross-Waiver of Liability for Space Shuttle Services.
1852.228-73                            Bid Bond.
1852.228-75                            Minimum Insurance Coverage.
1852.228-76                            Cross-Waiver of Liability for Space Station Activities.
1852.228-78                            Cross-Waiver of Liability for NASA Expendable Launch Vehicle Launches.

1852.228-80                            Insurance — Immunity From Tort Liability.

1852.228-81                            Insurance — Partial Immunity From Tort Liability.

1852.228-82                            Insurance — Total Immunity From Tort Liability.

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.

1852.234-1                              Notice of Earned Value Management System.

1852.234-2                              Earned Value Management System.

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.

1852.237-72                            Access to Sensitive Information. 

1852.237-73                            Release of Sensitive Information.


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.
1852.242-78                            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:
               (A) I.2 BID ENVELOPES (GSFC 52.214-90) (AUGUST 1987) This example is applicable when identifying the title of provisions and clauses in solicitations and contracts using the uniform contract format (UCF). The first number ("I.2") designates the UCF section and the sequential clause within that section. "GSFC 52.214-90" specifies the clause number.
               (B) GSFC 52.214-90--Bid Envelopes (AUGUST 1987) This example is applicable in all instances in which the provision or clause citation is not associated with the UCF number.
   (c) Contracting officers shall not number provisions and clauses developed for individual acquisitions only. For example, "F.3 Delivery Procedures for Special Hardware" cites the third clause in Section F of a contract using the UCF, but has no clause number or date identified with it, indicating that the clause was developed for the particular contract it appears in.

1852.103-70 Identification of modified provisions and clauses.
When a FAR clause or provision is included in a solicitation or contract and the NFS prescribes a modification, the title line shall identify the modification as shown below. This format shall be used both for incorporation by reference and when using full text.

"52.232-28 Electronic Funds Transfer Payment Methods (APR 1989) -- as modified by NASA FAR Supplement 1832.908(a)"

1852.104 Procedures for modifying and completing provisions and clauses.
   NFS provisions and clauses shall not be modified unless authorized by the NFS. When authorized, contracting officers must comply with the procedures in FAR 52.104.

Subpart 1852.2--Text of Provisions and Clauses

1852.203-70 Display of Inspector General Hotline Posters.
  As prescribed in 1803.7001, insert the following clause:

DISPLAY OF INSPECTOR GENERAL HOTLINE POSTERS
(JUNE 2001)

   (a) The Contractor shall display prominently in common work areas within business segments performing work under this contract, Inspector General Hotline Posters available under paragraph (b) of this clause.
   (b) Inspector General Hotline Posters may be obtained from NASA Office of Inspector General, Code W, Washington, DC, 20546-0001, (202) 358-1220.

 

1852.204-75 Security Classification Requirements.
  
As prescribed in 1804.404-70, insert the following clause:

SECURITY CLASSIFICATION REQUIREMENTS
(SEPTEMBER 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 [insert the applicable security clearance level]. See Federal Acquisition Regulation clause 52.204-2 in this contract and DD Form 254, Contract Security Classification Specification, Attachment [Insert the attachment number of the DD Form 254].

(End of clause)

 

1852.204-76  Security Requirements for Unclassified Information Technology Resources.

   As prescribed in 1804.470-4(a), insert the following clause:

SECURITY  REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES

(MAY 2007)

  (a)  The Contractor shall be responsible for information and information technology (IT) security when –

       (1) The Contractor or its subcontractors must obtain physical or electronic (i.e., authentication level 2 and above as defined in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-63, Electronic Authentication Guideline) access to NASA's computer systems, networks, or IT infrastructure; or

       (2) Information categorized as low, moderate, or high by the Federal Information Processing Standards (FIPS) 199, Standards for Security Categorization of Federal Information and Information Systems is stored, generated, processed, or exchanged by NASA or on behalf of NASA by a contractor or subcontractor, regardless of whether the information resides on a NASA or a contractor/subcontractor’s information system.

   (b)  IT Security Requirements.

       (1)  Within 30 days after contract award, a Contractor shall submit to the Contracting Officer for NASA approval an IT Security Plan, Risk Assessment, and FIPS 199, Standards for Security Categorization of Federal Information and Information Systems, Assessment.   These plans and assessments, including annual updates shall be incorporated into the contract as compliance documents.

            (i) The IT system security plan shall be prepared consistent, in form and content, with NIST SP 800-18, Guide for Developing Security Plans for Federal Information Systems, and any additions/augmentations described in NASA Procedural Requirements (NPR) 2810, Security of Information Technology.  The security plan shall identify and document appropriate IT security controls consistent with the sensitivity of the information and the requirements of Federal Information Processing Standards (FIPS) 200, Recommended Security Controls for Federal Information Systems.   The plan shall be reviewed and updated in accordance with NIST SP 800-26, Security Self-Assessment Guide for Information Technology Systems, and FIPS 200, on a yearly basis.

            (ii)  The risk assessment shall be prepared consistent, in form and content, with NIST SP 800-30, Risk Management Guide for Information Technology Systems, and any additions/augmentations described in NPR 2810.  The risk assessment shall be updated on a yearly basis.

            (iii)  The FIPS 199 assessment shall identify all information types as well as the “high water mark,” as defined in FIPS 199, of the processed, stored, or transmitted information necessary to fulfill the contractual requirements.

       (2)  The Contractor shall produce contingency plans consistent, in form and content, with NIST SP 800-34, Contingency Planning Guide for Information Technology Systems, and any additions/augmentations described in NPR 2810.  The Contractor shall perform yearly “Classroom Exercises.” “Functional Exercises,” shall be coordinated with the Center CIOs and be conducted once every three years, with the first conducted within the first two years of contract award.  These exercises are defined and described in NIST SP 800-34.

       (3)  The Contractor shall ensure coordination of its incident response team with the NASA Incident Response Center (NASIRC) and the NASA Security Operations Center, ensuring that incidents are reported consistent with NIST SP 800-61, Computer Security Incident Reporting Guide, and the United States Computer Emergency Readiness Team’s (US-CERT) Concept of Operations for reporting security incidents.  Specifically, any confirmed incident of a system containing NASA data or controlling NASA assets shall be reported to NASIRC within one hour that results in unauthorized access, loss or modification of NASA data, or denial of service affecting the availability of NASA data.

       (4) The Contractor shall ensure that its employees, in performance of the contract, receive annual IT security training in NASA IT Security policies, procedures, computer ethics, and best practices in accordance with NPR 2810 requirements.  The Contractor may use web-based training available from NASA to meet this requirement.

       (5) The Contractor shall provide NASA, including the NASA Office of Inspector General, access to the Contractor’s and subcontractors’ facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out IT security inspection, investigation, and/or audits to safeguard against threats and hazards to the integrity, availability, and confidentiality of NASA information or to the function of computer systems operated on behalf of NASA, and to preserve evidence of computer crime.  To facilitate mandatory reviews, the Contractor shall ensure appropriate compartmentalization of NASA information, stored and/or processed, either by information systems in direct support of the contract or that are incidental to the contract.

       (6)  The Contractor shall ensure that system administrators who perform tasks that have a material impact on IT security and operations demonstrate knowledge appropriate to those tasks. Knowledge is demonstrated through the NASA System Administrator Security Certification Program.  A system administrator is one who provides IT services (including network services, file storage, and/or web services) to someone other than themselves and takes or assumes the responsibility for the security and administrative controls of that service.  Within 30 days after contract award, the Contractor shall provide to the Contracting Officer a list of all system administrator positions and personnel filling those positions, along with a schedule that ensures certification of all personnel within 90 days after contract award.  Additionally, the Contractor should report all personnel changes which impact system administrator positions within 5 days of the personnel change and ensure these individuals obtain System Administrator certification within 90 days after the change.

       (7) The Contractor shall ensure that NASA’s Sensitive But Unclassified (SBU) information as defined in NPR 1600.1, NASA Security Program Procedural Requirements, which includes privacy information, is encrypted in storage and transmission.

       (8) When the Contractor is located at a NASA Center or installation or is using NASA IP address space, the Contractor shall --

            (i) Submit requests for non-NASA provided external Internet connections to the Contracting Officer for approval by the Network Security Configuration Control Board (NSCCB);

            (ii) Comply with the NASA CIO metrics including patch management, operating systems and application configuration guidelines, vulnerability scanning, incident reporting, system administrator certification, and security training; and 

            (iii)  Utilize the NASA Public Key Infrastructure (PKI) for all encrypted communication or non-repudiation requirements within NASA when secure email capability is required.

  (c) Physical and Logical Access Requirements.

       (1) Contractor personnel requiring access to IT systems operated by the Contractor for NASA or interconnected to a NASA network shall be screened at an appropriate level in accordance with NPR 2810 and Chapter 4, NPR 1600.1, NASA Security Program Procedural Requirements.  NASA shall provide screening, appropriate to the highest risk level, of the IT systems and information accessed, using, as a minimum, National Agency Check with Inquiries (NACI). The Contractor shall submit the required forms to the NASA Center Chief of Security (CCS) within fourteen (14) days after contract award or assignment of an individual to a position requiring screening.  The forms may be obtained from the CCS.  At the option of NASA, interim access may be granted pending completion of the required investigation and final access determination.  For Contractors who will reside on a NASA Center or installation, the security screening required for all required access (e.g., installation, facility, IT, information, etc.) is consolidated to ensure only one investigation is conducted based on the highest risk level.  Contractors not residing on a NASA installation will be screened based on their IT access risk level determination only.  See NPR 1600.1, Chapter 4.

       (2) Guidance for selecting the appropriate level of screening is based on the risk of adverse impact to NASA missions.  NASA defines three levels of risk for which screening is required (IT-1 has the highest level of risk).

            (i)  IT-1 -- Individuals having privileged access or limited privileged access to systems whose misuse can cause very serious adverse impact to NASA missions.  These systems include, for example, those that can transmit commands directly modifying the behavior of spacecraft, satellites or aircraft.

            (ii) IT-2 -- Individuals having privileged access or limited privileged access to systems whose misuse can cause serious adverse impact to NASA missions.  These systems include, for example, those that can transmit commands directly modifying the behavior of payloads on spacecraft, satellites or aircraft; and those that contain the primary copy of “level 1” information whose cost to replace exceeds one million dollars.

            (iii) IT-3 -- Individuals having privileged access or limited privileged access to systems whose misuse can cause significant adverse impact to NASA missions.  These systems include, for example, those that interconnect with a NASA network in a way that exceeds access by the general public, such as bypassing firewalls; and systems operated by the Contractor for NASA whose function or information has substantial cost to replace, even if these systems are not interconnected with a NASA network.

       (3)  Screening for individuals shall employ forms appropriate for the level of risk as established in Chapter 4, NPR 1600.1.

       (4)  The Contractor may conduct its own screening of individuals requiring privileged access or limited privileged access provided the Contractor can demonstrate to the Contracting Officer that the procedures used by the Contractor are equivalent to NASA's personnel screening procedures for the risk level assigned for the IT position.

       (5) Subject to approval of the Contracting Officer, the Contractor may forgo screening of Contractor personnel for those individuals who have proof of a --

            (i) Current or recent national security clearances (within last three years);

            (ii) Screening conducted by NASA within the last three years that meets or exceeds the screening requirements of the IT position; or

            (iii) Screening conducted by the Contractor, within the last three years, that is equivalent to the NASA personnel screening procedures as approved by the Contracting Officer and concurred on by the CCS.

  (d)  The Contracting Officer may waive the requirements of paragraphs (b) and (c)(1) through (c)(3) upon request of the Contractor.  The Contractor shall provide all relevant information requested by the Contracting Officer to support the waiver request.

  (e)  The Contractor shall contact the Contracting Officer for any documents, information, or forms necessary to comply with the requirements of this clause.

  (f)  At the completion of the contract, the contractor shall return all NASA information and IT resources provided to the contractor during the performance of the contract and certify that all NASA information has been purged from contractor-owned systems used in the performance of the contract.

  (g)  The Contractor shall insert this clause, including this paragraph (g), in all subcontracts

       (1) Have physical or electronic access to NASA's computer systems, networks, or IT infrastructure; or

       (2) Use information systems to generate, store, process, or exchange data with NASA or on behalf of NASA, regardless of whether the data resides on a NASA or a contractor’s information system.

(End of clause)

 

1852.208-81 Restrictions on Printing and Duplicating.
   As prescribed in 1808.870, insert the following clause:

RESTRICTIONS ON PRINTING AND DUPLICATING
(NOVEMBER 2004)

   (a) The Contractor may duplicate or copy any documentation required by this contract in accordance with the provisions of the Government Printing and Binding Regulations, No. 26, S. Pub 101-9, U.S. Government Printing Office, Washington, DC, 20402, published by the Joint Committee on Printing, U.S. Congress.
   (b) The Contractor shall not perform, or procure from any commercial source, any printing in connection with the performance of work under this contract.  The term "printing" includes the processes of composition, platemaking, presswork, duplicating, silk screen processes, binding, microform, and the end items of such processes and equipment.
   (c) The Contractor is authorized to duplicate or copy production units provided the requirement does not exceed 5,000 production units of any one page or 25,000 units in the aggregate of multiple pages.  Such pages may not exceed a maximum image size of 10-3/4 by 14-1/4 inches.  A "production unit" is one sheet, size 8-1/2 x 11 inches (215 x 280 mm), one side only, and one color ink.
   (d) This clause does not preclude writing, editing, preparation of manuscript copy, or preparation of related illustrative material as a part of this contract, or administrative duplicating/copying (for example, necessary forms and instructional materials used by the Contractor to respond to the terms of the contract).
   (e) Costs associated with printing, duplicating, or copying in excess of the limits in paragraph (c) of this clause are unallowable without prior written approval of the Contracting Officer.  If the Contractor has reason to believe that any activity required in fulfillment of the contract will necessitate any printing or substantial duplicating or copying, it immediately shall provide written notice to the Contracting Officer and request approval prior to proceeding with the activity. Requests will be processed by the Contracting Officer in accordance with the provisions of the Government Printing and Binding Regulations, NFS 1808.802, and NPR 1490.5, NASA Procedural Requirements for Printing, Duplicating, and Copying Management.
   (f) The Contractor shall include in each subcontract which may involve a requirement for any printing, duplicating, and copying in excess of the limits specified in paragraph (c) of this clause, a provision substantially the same as this clause, including this paragraph (f).

(End of clause)

1852.209-70 Product Removal from Qualified Products List.
  
As prescribed in 1809.206-71, insert the following clause:

PRODUCT REMOVAL FROM QUALIFIED PRODUCTS LIST
(DECEMBER 1988)

   If, during the performance of this contract, the product being furnished is removed from the Qualified Products List for any reason, the Government may terminate the contract for Default pursuant to the default clause of the contract.

(End of clause)

 

1852.209-71 Limitation of Future Contracting.
  
As prescribed in 1809.507-2, the contracting officer may insert a clause substantially as follows in solicitations and contracts, in compliance with FAR 9.507-2:

LIMITATION OF FUTURE CONTRACTING
(DECEMBER 1988)

   (a) The Contracting Officer has determined that this acquisition may give rise to a potential organizational conflict of interest. Accordingly, the attention of prospective offerors is invited to FAR Subpart 9.5--Organizational Conflicts of Interest.
   (b) The nature of this conflict is [describe the conflict].
   (c) The restrictions upon future contracting are as follows:
       (1) If the Contractor, under the terms of this contract, or through the performance of tasks pursuant to this contract, is required to develop specifications or statements of work that are to be incorporated into a solicitation, the Contractor shall be ineligible to perform the work described in that solicitation as a prime or first-tier subcontractor under an ensuing NASA contract. This restriction shall remain in effect for a reasonable time, as agreed to by the Contracting Officer and the Contractor, sufficient to avoid unfair competitive advantage or potential bias (this time shall in no case be less than the duration of the initial production contract). NASA shall not unilaterally require the Contractor to prepare such specifications or statements of work under this contract.
       (2) To the extent that the work under this contract requires access to proprietary, business confidential, or financial data of other companies, and as long as these data remain proprietary or confidential, the Contractor shall protect these data from unauthorized use and disclosure and agrees not to use them to compete with those other companies.

(End of clause)

1852.209-72 Composition of the Contractor.
  
As prescribed in 1809.670, insert the following clause:

COMPOSITION OF THE CONTRACTOR
(DECEMBER 1988)

   If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable under this contract.

(End of clause)

1852.211-70 Packaging, Handling, and Transportation.
   As prescribed in 1811.404-70, insert the following clause:

PACKAGING, HANDLING, AND TRANSPORTATION
(SEPTEMBER 2005)

   (a) The Contractor shall comply with NASA Procedural Requirements (NPR) 6000.1, "Requirements for Packaging, Handling, and Transportation for Aeronautical and Space Systems, Equipment, and Associated Components", as may be supplemented by the statement of work or specifications of this contract, for all items designated as Class I, II, or III.

   (b) The Contractor's packaging, handling, and transportation procedures may be used, in whole or in part, subject to the written approval of the Contracting Officer, provided (1) the Contractor's procedures are not in conflict with any requirements of this contract, and (2) the requirements of this contract shall take precedence in the event of any conflict with the Contractor's procedures.
   (c) The Contractor must place the requirements of this clause in all subcontracts for items that will become components of deliverable Class I, II, or III items.

(End of clause)