As prescribed in 1817.7002-4 insert the following clause:
All property acquired for, and reimbursed by, NASA or transferred by NASA for use under this NASA-Defense Purchase Request shall be controlled and accounted for in accordance with the Military Department's normal procedures. All excess items, however, costing $500 or more and in condition Code 7 or better (GSA Condition Codes) shall be reported to the NASA originating office for possible reutilization before disposition.
1852.219-73 Small Business and Small Disadvantaged Business Subcontracting Plan.
As prescribed in 1819.708-70(a), insert the following provision:
(a) This provision is not applicable to small business concerns.
(b) The contract expected to result from this solicitation will contain FAR clause 52.219-9, "Small Business and Small Disadvantaged Business Subcontracting Plan." The apparently successful offeror must submit the complete plan within [Insert number of days] calendar days after request by the Contracting Officer.
As prescribed in 1819.708-70(a), delete the last sentence of paragraph (b) of the basic clause and substitute the following:
Each offeror must submit the complete plan with its initial proposal.
1852.219-74 Use of Rural Area Small Businesses.
As prescribed in 1819.7103, insert the following clause:
(a) Definitions.
"Rural area" means any county with a population of fewer than twenty thousand individuals.
"Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding under this contract, and qualified as a small business under the criteria and size standards in 13 CFR 121.
(b) NASA prime and subcontractors are encouraged to use their best efforts to award subcontracts to small business concerns located in rural areas.
(c) Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as small business concerns located in rural areas.
(d) The Contractor agrees to insert the provisions of this clause, including this paragraph (d), in all subcontracts hereunder that offer subcontracting possibilities.
1852.219-75 Small Business and Small Disadvantaged Business Subcontracting Reporting.
As prescribed in 1819.708-70(b), insert the following contract clause:
(a) The Contractor shall submit the Summary Subcontract Report (Standard Form [SF] 295) quarterly for the reporting periods specified in block 1.A. of the form. Reports are due 30 days after the close of each reporting period.
(b) The Contractor shall also complete Item 15 (Subcontract awards to Historically Black Colleges and Universities/ Minority Institutions) in accordance with the existing instructions applicable to DOD activities.
(c) All other provisions in the instructions paragraphs of the SF 295 remain in effect.
(d) The Contractor shall include this clause in all subcontracts that include the clause at FAR 52.219-9.
1852.219-76 NASA Small Disadvantaged Business Goal.
As prescribed in 1819.7004, insert the following clause:
(a) Definitions.
"Historically Black Colleges and Universities," as used in this clause, means institutions determined by the Secretary of Education to meet the requirements of 34 CFR Section 608.2 and listed therein.
"Minority educational institutions," as used in this clause, means institutions meeting the criteria established in 34 CFR 607.2 by the Secretary of Education.
"Small disadvantaged business concern," as used in this clause, means a small business concern owned or controlled by individuals who are both socially and economically disadvantaged (within the meaning of section 8(a)(5)and (6) of the Small Business Act (15 U.S.C. 637(a)(5) and (6)). For purposes of this clause, socially and economically disadvantaged individuals shall be deemed to include women.
(b) The NASA Administrator is required to ensure, to the fullest extent possible, that at least 8%
of the total value of prime and subcontracts awarded in support of authorized programs, including the space station by the time operational status is obtained, is made available to small business concerns or other organizations owned or controlled by socially and economically disadvantaged individuals (including women), Historically Black Colleges and Universities, and minority educational institutions.
(c) The contractor hereby agrees to assist NASA in achieving this goal by using its best efforts to award subcontracts to small disadvantaged business concerns, Historically Black Colleges and Universities, and minority educational institutions, as defined in this clause, to the fullest extent consistent with efficient contract performance.
(d) Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as small disadvantaged business concerns, Historically Black Colleges and Universities, and minority educational institutions.
1852.219-77 NASA Mentor-Protege Program.
As prescribed in 1819.7219(a), insert the following clause:
(b) The pilot program consists of:
(1) Mentor firms, which are large prime contractors with at least one active subcontracting plan or eligible small businesses;
(2) Protege, which are subcontracting under the prime contractor, include Small Disadvantaged Business (SDB) concerns including women-owned small businesses, Historically Black Colleges and Universities, and Minority Institutions, as those terms are defined in NASA FAR Supplement 1819.7202.
(3) Mentor-protege agreements, approved by the NASA Office of Small and Disadvantaged Business Utilization (OSDBU);
(4) Potential of payment of additional award fee for voluntary participation and successful performance in the mentor-protege program.
(c) Mentor participation in the program, described in 48 CFR 1819.72, means providing technical, managerial and financial assistance to aid proteges in developing requisite high-tech expertise and business systems to compete for and successfully perform NASA contracts and subcontracts.
(d) Contractors interested in participating in the pilot program are encouraged to contact the NASA OSDBU, Washington, DC 20546, (202) 358-2088, for further information.
1852.219-78 Evaluation of Prime Contractor Participation in the NASA Mentor-Protege Program.
As prescribed in 1819.7219(b), insert the following provision:
1852.219-79 Mentor Requirements and Evaluation.
As prescribed in 1819.7219(c), insert the following clause:
(b) NASA will evaluate the contractor's performance through the Performance Evaluation process. The evaluation will consider the following:
(1) Specific actions taken by the contractor, during the evaluation period, to increase the participation of proteges as subcontractors and suppliers;
(2) Specific actions taken by the contractor during this evaluation period to develop the technical and corporate administrative expertise of a protege as defined in the agreement;
(3) To what extent the Protege has met the developmental objectives in the agreement; and
(4) To what extent the firm's participation in the Mentor-Protege Program resulted in the Protege receiving competitive contract(s) and subcontract(s) from private firms and agencies other than the Mentor.
(c) Semi-annual reports shall be submitted by the mentor to the NASA mentor-protege program manager, NASA Headquarters OSDBU to include information as outlined in 1819.7206(b).
(d) The Mentor will notify the OSDBU and the contracting officer, in writing, at least 30 days in advance of the mentor firm's intent to voluntarily withdraw from the program or upon receipt of a Protege's notice to withdraw from the Program;
(e) Mentor and protege firms will submit a "lessons learned" evaluation to the NASA OSDBU at the conclusion of the pilot program period or the conclusion of their effort which ever comes first. At the conclusion of each year in the mentor-protege program, the prime contractor and protege, as appropriate, will formally brief the NASA mentor-protege program manager, the technical program manager, and the contracting officer during a formal program review regarding program accomplishments as pertains to the approved agreement.
(f) NASA may terminate Mentor-Protege agreements and exclude Mentor or Protege firms from participating in the NASA program if NASA determines that such actions are in NASA's interest. These actions shall be approved by the NASA OSDBU. NASA shall terminate an agreement by delivering to the contractor a Notice specifying the reason for termination and the effective date. Termination of an agreement does not constitute a termination of the subcontract between the mentor and the protege. A plan for accomplishing the subcontract effort should the agreement be terminated shall be submitted with the agreement as required in 1819.7213(h).
1852.222-70 Facilities Nondiscrimination Notice.
As prescribed in 1822.7002(a), insert the following clause:
If the annual rental under this lease, combined with the annual rental under all other NASA leases of space in the building in which the space covered by this lease is located, exceeds $10,000, the lessor agrees to comply with the requirements of the Facilities Nondiscrimination clause of this contract.
1852.222-71 Facilities Nondiscrimination.
As prescribed in 1822.7002(b), insert the following clause:
(a) As used in this clause, "facility" means store, shop, restaurant, cafeteria, rest room, or any other public facility in the building in which the space covered by this lease is located.
(b) The lessor shall not discriminate against anyone because of race, color, religion, or national origin in furnishing, or by refusing to furnish, the use of any facility, including any services, privileges, accommodations, and activities provided by that facility. Nothing in this clause requires the furnishing to the general public of the use of any facility customarily furnished by the lessor solely to tenants and their employees, customers, patients, clients, guests, and invitees.
(c) Any noncompliance by the lessor with this clause shall constitute a material breach of this lease. In the event of noncompliance, the Government may take appropriate action to enforce compliance, may terminate this lease, or may pursue any other remedies provided by law. In the event of termination, the lessor is liable for all excess costs of the Government in acquiring substitute space, including the cost of moving to that space. Substitute space shall be obtained in as close proximity to the lessor's building as is feasible, and moving costs shall be limited to the actual expenses incurred.
(d) Whenever an agreement is to be entered into or a concession is to be permitted to operate, the lessor shall include or require the inclusion of paragraphs (a), (b), and (c) of this clause in every such agreement or concession arrangement under which any person other than the lessor operates or has the right to operate any facility. Nothing in this clause, however, requires the lessor to include or require the inclusion of those paragraphs in any previously existing agreement or concession arrangement, or in one under which a party other than the lessor has the unilateral right to renew or extend the agreement or arrangement, until the expiration of the existing agreement or arrangement and the unilateral right to renew or extend.
(e) The lessor shall take, as expeditiously as possible, any lawful actions NASA may direct to enforce the intent of this clause, including termination of the agreement or concession and institution of court action.
1852.223-70 Safety and Health.
As prescribed in 1823.7004(c), insert the following clause:
(a) The Contractor shall take all reasonable safety and health measures in performing under this contract. The Contractor shall comply with all Federal, State, and local laws applicable to safety and health in effect on the date of this contract and with the safety and health standards, specifications, reporting requirements, and provisions set forth in the contract Schedule.
(b) The Contractor shall take or cause to be taken any other safety and health measures the Contracting Officer may reasonably direct. To the extent that the Contractor may be entitled to an equitable adjustment for those measures under the terms and conditions of this contract, the equitable adjustment shall be determined pursuant to the procedures of the changes clause of this contract; provided, that no adjustment shall be made under this Safety and Health clause for any change for which an equitable adjustment is expressly provided under any other provision of the contract.
(c) The Contractor shall immediately notify and promptly report to the Contracting Officer or a designee any accident, incident, or exposure resulting in fatality, lost-time occupational injury, occupational disease, contamination of property beyond any stated acceptable limits set forth in the contract Schedule, or property loss of $25,000 or more arising out of work performed under this contract. The Contractor is not required to include in any report an expression of opinion as to the fault or negligence of any employee. Service contractors (excluding construction contracts) shall provide quarterly reports specifying lost-time frequency rate, number of lost-time injuries, exposure, and accident/incident dollar losses as specified in the contract Schedule. The Contractor shall investigate all work-related incidents or accidents to the extent necessary to determine their causes and furnish the Contracting Officer a report, in such form as the Contracting Officer may require, of the investigative findings and proposed or completed corrective actions.
(d) (1) The Contracting Officer may notify the Contractor in writing of any noncompliance with this clause and specify corrective actions to be taken. The Contractor shall promptly take and report any necessary corrective action.
(2) If the Contractor fails or refuses to institute prompt corrective action in accordance with subparagraph (d)(1) of this clause, the Contracting Officer may invoke the stop-work order clause in this contract or any other remedy available to the Government in the event of such failure or refusal.
(e) The Contractor (or subcontractor or supplier) shall insert the substance of this clause, including this paragraph (e) and any applicable Schedule provisions, with appropriate changes of designations of the parties, in subcontracts of every tier that (1) amount to $1,000,000 or more (unless the Contracting Officer makes a written determination that this is not required), (2) require construction, repair, or alteration in excess of $25,000, or (3) regardless of dollar amount, involve the use of hazardous materials or operations.
(f) Authorized Government representatives of the Contracting Officer shall have access to and the right to examine the sites or areas where work under this contract is being performed in order to determine the adequacy of the Contractor's safety and health measures under this clause.
(g) As a part of the Contractor's safety plan (and health plan, when applicable) and to the extent required by the Schedule, the Contractor shall furnish a list of all hazardous operations to be performed, including operations indicated in paragraphs (a) and (b) above, and a list of other major or key operations required or planned in the performance of the contract, even though not deemed hazardous by the Contractor. NASA and the Contractor shall jointly decide which operations are to be considered hazardous, with NASA as the final authority. Before hazardous operations commence, the Contractor shall submit for NASA concurrence either or both of the following, as required by the contract Schedule or by the Contracting Officer:
(1) Written hazardous operating procedures for all hazardous operations.
(2) A certification program for personnel involved in hazardous operations.
1852.223-71 Frequency Authorization.
As prescribed in 1823.7101, insert the following clause:
(a) Authorization of radio frequencies required in support of this contract shall be obtained by the Contractor or subcontractor in need thereof.
(b) For any experimental, developmental, or operational equipment for which the appropriate frequency allocation has not been made, the Contractor or subcontractor shall provide the technical operating characteristics of the proposed electromagnetic radiating device to the Contracting Officer during the initial planning, experimental, or developmental phase of contractual performance. Procedures furnished by the Contracting Officer shall be followed in obtaining radio frequency authorization.
(c) This clause, including this paragraph (c), shall be included in all subcontracts that call for developing, producing, testing, or operating a device for which a radio frequency authorization is required.
1852.223-72 Potentially Hazardous Items.
As prescribed in 1823.303-70, insert the following clause:
(a) The Contractor shall furnish complete design information and drawings showing all details of construction, including materials, for the following items or components:
[Insert the potentially hazardous items or components.]
These items or components are designated as potentially hazardous to employees and subcontractors who are to perform any work in connection with installing them in combination with other equipment, or in testing them either alone or in combination with other items or components, or in handling them. The contractor shall inform such employees or subcontractors of the potentially hazardous nature of these items or components before requesting or directing the performance of work.
(b) This requirement for delivery of data supersedes any terms of this contract permitting withholding of data.
(c) The Contractor shall include this clause, including this paragraph (c), in each subcontract at any tier under this contract that calls for the manufacture or handling of the items or components designated according to paragraph (a) of this clause as potentially hazardous.
1852.223-73 Safety and Health Plan.
As prescribed in 1823.7004(e), insert the following provision:
The offeror shall submit a detailed safety and health plan, as part of the offeror's proposal, showing how the Contractor intends to protect the life, health, and well being of NASA and contractor employees as well as property and equipment. This plan, as approved by the Contracting Officer, will be included in any resulting contract.
As prescribed by 1823.7004(f), delete the first sentence of the basic provision and substitute the following:
The apparently successful offeror shall submit a detailed safety and health plan after notification of selection but before contract award, showing how the contractor intends to protect the life, health, and well being of NASA and contractor employees as well as property and equipment.
1852.225-71 Nondomestic Construction Materials.
As prescribed in 1825.205-70, insert the following clause:
The requirements of the Buy American Act--Construction Materials clause do not apply to the following construction materials or components:
[List articles of materials and supplies.]
1852.225-73 Duty-Free Entry Supplies.
As prescribed in 1825.605-70, insert the following clause:
In accordance with the Duty-Free Entry clause of this contract, the following supplies will be given duty-free entry:
[Insert the supplies that are to be accorded duty-free entry.]