1852.000 Scope of part.
This part, in conjunction with FAR Part 52, (a) gives instructions for using provisions and clauses prescribed by this Regulation and lower level provisions and clauses, (b) sets forth the provisions and clauses prescribed in this Regulation, and (c) presents a matrix listing the NFS provisions and clauses applicable to each principal contract type and/or purpose (e.g., fixed-price supply, cost-reimbursement research and development).
1852.101 Using Part 52.
(a) NASA contracting offices prescribing or developing clauses under the authority of FAR 52.101(b)(2)(i)(B) or (C) shall ensure that the requirements of FAR Subpart 1.4 and Subpart 1801.4 are met.
(b) The NFS matrix in Subpart 1852.3 is formatted similarly to the FAR matrix described in FAR 52.101(e). 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.
(c) 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.
(a) Provisions and clauses prescribed by a NASA field installation to satisfy the needs of that particular installation shall be identified as stated in paragraphs (a)(1) and (2) of this section. Articles, formats, and similar language shall be treated as provisions and clauses for purposes of this section 1852.103.
(1) 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, GSFC, HW, JSC, KSC, LARC, LERC, 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 NASA FAR Supplement 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 NASA FAR Supplement 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).
(2) Contracting officers shall identify provisions and clauses as in the following examples:
(i) 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.
(ii) 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.
(b) Contracting officers shall not number provisions and clauses developed for individual procurements 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.
NASA FAR Supplement provisions and clauses shall not be modified (see FAR 52.101(a)) unless their modification is authorized by this Regulation. When it is authorized, contracting officers must comply with the procedures in FAR 52.104.
1852.203-70 Contracts Between NASA and Former NASA Employees.
As prescribed in 1803.7002, insert the following provision in all solicitations except IFB's:
The offeror represents that he or she ( ) is, or ( ) is not, an individual who was employed by NASA during the past two years, or a firm in which such an individual is a partner, principal officer, or majority shareholder or that is otherwise controlled or predominantly staffed by such individuals.
1852.204-75 Security Classification Requirements.
As prescribed in 1804.404-70, insert the following clause:
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].
1852.204-76 Security Requirements for Unclassified Automated Information Resources.
As prescribed in 1804.470-4(a), insert the following clause:
AUTOMATED INFORMATION RESOURCES
(SEPTEMBER 1993)
(1) The Contractor shall submit a personnel security questionnaire (NASA Form 531, Name Check Request, for National Agency Check (NAC) investigations and Standard Form 85P, Questionnaire for Public Trust Positions, for specified sensitive positions) and a Fingerprint Card (FD-258 with NASA overprint in Origin Block) to the installation Security Officer for each Contractor employee who requires access. The required forms may be obtained from the installation security office. Employees may have fingerprints taken at the [Insert office name and location], or at any police department.
(i) Several months may be required for completion of complex personnel screening investigations. Background screening may not be required for employees with recent or current Federal Government investigations.
(ii) When employee access is necessary prior to completion of personnel screening, each contractor employee requiring access may be considered for escorted access. The installation Security Officer will establish the eligibility of proposed escorts.
(2) The Contractor shall ensure that each contractor employee requiring access executes any user responsibility agreements required by the Government prior to access. The Contractor shall provide signed copies of the agreements to the installation Security Officer for inclusion in the employee's security file. Unauthorized access is a violation of law and punishable under the provisions of 18 USC 1029, 18 USC 1030 and other applicable statutes.
(3) The Contractor shall notify the installation AIS Manager no later than the end of the day of the termination for cause of an authorized employee's access. The Contractor shall notify the COTR no later than ten days after an authorized employee no longer requires access for any other type of termination. Verbal notifications shall be confirmed in writing within thirty days.
(b) The Contractor shall incorporate this clause in all subcontracts where the requirements identified in paragraph (a) are applicable to performance of the subcontract.
1852.204-77 Submission of Security Plan for Unclassified Federal Computer Systems.
As prescribed in 1804.470-4(b), insert the following provision:
UNCLASSIFIED FEDERAL COMPUTER SYSTEMS
(SEPTEMBER 1993)
(a) "Computer system," as used in this provision, means any equipment or interconnected system or subsystems of equipment that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception, of data or information. It includes computers; ancillary equipment; software, firmware, and similar procedures; services, including support services; and related resources as defined by the regulations issued by the Administrator for General Services pursuant to Section 111 of the Federal Property and Administrative Services Act of 1949.
"Federal computer system," as used in this provision, means a computer system operated by a Federal agency or by a contractor of a Federal agency or other organization that processes information using a computer system on behalf of the Federal Government to accomplish a Federal function.
"Sensitive information," as used in this provision, means any information, the loss, misuse, or unauthorized access to, or modification of, which could adversely affect the national interest or the conduct of Federal programs, or the privacy to which individuals are entitled under Section 552a or title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.
(b) Under negotiated procurement procedures, the apparently successful offeror shall provide a plan, for Contracting Officer approval prior to award, that describes its program for the protection of sensitive information in unclassified Federal computer systems. The plan shall be submitted no later than thirty days after receipt of the Contracting Officer's written request. Under sealed bidding procedures, failure to provide a security plan with the bid will render the bid nonresponsive.
(c) The plan shall address the security measures and program safeguards which will be provided to ensure that all computer systems and resources acquired and utilized in the performance of the contract by contractor and subcontractor personnel:
(1) Operate effectively and accurately;
(2) Are protected from unauthorized alteration, disclosure, or misuse of information processed, stored, or transmitted;
(3) Can maintain the continuity of automated information support for Government missions, programs, and functions;
(4) Incorporate management, general, and application controls sufficient to provide cost-effective assurance of the system's integrity and accuracy; and
(5) Have appropriate technical, personnel, administrative, environmental, and access safeguards.
(d) This plan, as approved by the Contracting Officer, will be included in any resulting contract for contractor compliance.
1852.204-78 Security Plan for Unclassified Federal Computer Systems.
As prescribed in 1804.470-4(b), insert the following clause:
(SEPTEMBER 1993)
1852.207-70 Estimate of Work.
As prescribed in 1807.7001, insert the following provision:
(OCTOBER 1988)
It is estimated that approximately $ [insert estimated value of procurement] will be available to perform this work. This estimate is provided as a guide only to the approximate effort required.
1852.208-81 Restrictions on Printing and Duplicating.
As prescribed in 1808.870, insert the following clause:
(a) The Contractor shall reproduce 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, silk screen processes, binding, microform, and the end items of such processes and equipment.
(c) "Duplicating/copying" is not considered to be printing. It is material produced by duplicating equipment employing the lithographic process and automatic copy-processing or copier-duplicating machines employing electrostatic, thermal, or other copying processes not requiring the use of negatives or metal plates. The Contractor is authorized to duplicate 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 plates 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 or duplicating/copying in excess of the limits set forth above 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/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 and NFS 1808.802.
(f) The Contractor shall include in each subcontract which may involve a requirement for any printing and/or any duplicating/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).
1852.209-70 Product Removal from Qualified Products List.
As prescribed in 1809.206-71, insert the following clause:
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.
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) 48 CFR 9.507-2:
(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.
1852.209-72 Composition of the Contractor.
As prescribed in 1809.670, insert the following clause:
If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable under this contract.