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
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
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
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
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,
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
(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
(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
(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
(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
(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,
(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)