As prescribed in 1810.011-70(a), insert the following provision:
(a) As used in this provision, "brand name" means identification of products by make and model. The term "bid" means "offer" if this is a negotiated acquisition.
(b) If items called for by this solicitation are identified in the Schedule by a "brand name or equal" description, that identification is intended to be descriptive, not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Bids offering "equal" products, including products of the brand name manufacturer other than the one described by brand name, will be considered for award if the products are clearly identified in the bids and are determined by the Government to meet fully the salient characteristics requirements referenced in the solicitation.
(c) Unless the offeror clearly indicates in the bid that it is offering an "equal" product, the bid shall be considered as offering a brand-name product referenced in the solicitation.
(d) (1) If the offeror proposes to furnish an "equal" product, the brand name, if any, of the product to be furnished shall be inserted in the space provided in the solicitation, or that product shall be otherwise clearly identified in the bid. The evaluation of bids and the determination as to equality of the product offered shall be the responsibility of the Government and will be based on information furnished by the offeror or identified in its bid, as well as on other information reasonably available to the contracting activity.
(2) CAUTION TO OFFERORS: The contracting office is not responsible for locating or securing any information not identified in the bid and reasonably available to the contracting office. Accordingly, to ensure that sufficient information is available, the offeror must furnish as a part of its bid all descriptive material (such as cuts, illustrations, drawings, or other information) necessary for the contracting office to (i) determine whether the product offered meets the salient characteristics requirements of the solicitation and (ii) establish exactly what the offeror proposes to furnish and what the Government would be binding itself to purchase by making an award. The information furnished may include specific references to information previously furnished or to information otherwise available to the contracting office.
(3) If the offeror proposes to modify a product so as to make it conform to the requirements of the solicitation, it shall (i) include in the bid a clear description of the proposed modifications and (ii) clearly mark any descriptive material to show them.
(4) If this is a sealed bid acquisition, modifications proposed after bid opening to make a product conform to a brand name product referenced in the solicitation will not be considered.
1852.210-71 Descriptive Literature for Used Material.
As prescribed by 1810.011-70(b), insert the following provision:
(a) Offerors' attention is directed to the provision in this solicitation entitled "Listing of Used or Reconditioned Material, Residual Inventory, and Former Government Surplus Property." If an offeror intends to furnish any items falling within any of the classes of property addressed by that provision, the following information must be submitted as an attachment to the offer:
[Insert the information needed to determine that items can reasonably be expected to conform to the solicitation requirements.]
(b) Offerors are specifically advised that if this procurement is being conducted in accordance with procedures for sealed bidding (see FAR Part 14), a failure to provide the information identified in paragraph (a) above will render the offeror nonresponsive.
1852.210-72 Supplies and/or Services to be Furnished
As prescribed in 1810.011-70(c), insert the following clause:
The contractor shall provide all resources (except as may be expressly stated in this contract as furnished by the Government) necessary to furnish the items below in accordance with the Description/Specifications/Work Statement in Section C.
Item Descrip- Quan- Unit Total No. tion tity Unit Price Amt.
[Insert the item number, brief description, quantity, unit, unit price, and total dollar amount.]
1852.210-75 Packaging and Marking.
As prescribed in 1810.011-70(d), insert the following clause:
(a) The Contractor shall pack and mark all hardware deliverable under this contract in accordance with the provisions of NASA Handbook (NHB) 6000.1, Requirements for Packaging, Handling, and Transportation, and/or MIL-STD-2073-1 and MIL-STD-2073-2, as applicable, except as noted below:
[Insert exceptions to packing and marking requirements or "None"]
(b) The Contractor shall pack potentially hazardous items in accordance with paragraph 204 of NHB 6000.1.
(c) The Contractor shall develop packaging, handling, and transportation records, if required, from engineering and packaging data. The Contracting Officer's technical representative is the approving official of the records and special packaging data under paragraph 302 of NHB 6000.1.
(d) The Contractor's packaging specifications or procedures may be utilized if they are (i) not in conflict with cited NASA specifications and (ii) approved in writing by the Contracting Officer. In any conflict between NASA and the Contractor specifications or procedures, the NASA documents cited in this clause shall take precedence.
(e) The Contractor shall place identical requirements on all subcontracts.
(a) The contractor shall preserve, pack, and mark for shipment all items deliverable under this contract in accordance with good commercial practices and adequate to ensure both acceptance by common carrier and safe transportation at the most economical rate(s).
(b) The contractor's markings on shipping containers shall be clearly legible from a distance of 36 inches. The contractor may mark by stencil, rubber stamp, or lacquer over a coated gummed label.
(f) The following items to be furnished under this contract are for space flight use:
[Insert items for space flight use.]
(g) All markings for space flight items shall be blue in color. All shipping containers, shipping documents, and purchasing documents for these items shall be marked "ITEMS FOR SPACE FLIGHT USE."
(h) The Contractor shall prominently display a NASA Critical Space Item Label on the exterior of all Class I, Class II, and Class III interim packages and exterior shipping containers to alert all shipping and handling personnel to the criticality of the item in accordance with paragraph 303 of NHB 6000.1.
1852.212-70 Notice of Delay.
As prescribed at 1812.104-70(a), insert the following clause:
If, because of technical difficulties, the Contractor becomes unable to complete the contract work at the time specified, notwithstanding the exercise of good faith and diligent efforts in performing the work called for under this contract, the Contractor shall give the Contracting Officer written notice of the anticipated delay and the reasons for it. The notice and reasons shall be delivered promptly after the condition creating the anticipated delay becomes known to the Contractor but in no event less than 45 days before the completion date specified in this contract, unless otherwise permitted by the Contracting Officer. When notice is given, the Contracting Officer may extend the time specified in the Schedule for such period as is deemed advisable.
1852.212-72 Partial Shipments.
Insert the following clause as prescribed in 1812.104-70(c).
Partial shipments will not be accepted unless authorized elsewhere in this contract or by the Contracting Officer's representative at the time of delivery. The Government reserves the right to return partial shipments to the Contractor, transportation charges collect.
1852.212-73 Delivery Schedule.
As prescribed in 1812.104-70(d), insert the following clause:
The contractor shall deliver the items required to be furnished by this contract as follows:
Item Descrip- Quan- Delivery Shipping No. tion tity Date Address
[Insert the applicable item numbers, descriptions, quantities of items, delivery dates, and shipping addresses.]
1852.212-74 Period of Performance.
As prescribed in 1812.104-70(e), insert the following clause:
The period of performance of this contract shall be [Insert period of performance dates].
1852.214-70 Caution to Offerors Furnishing Descriptive Literature.
As prescribed in 1814.201-670(a), insert the following provision:
Bidders are cautioned against furnishing as a part of their bids descriptive literature that includes language reserving to the bidder the right to deviate from the requirements of the invitation for bids. Statements that "Data are subject to change without notice," "Prices subject to change without notice," or words having a similar effect are examples of such reservation. The Government will reject as nonresponsive any bid that incorporates literature containing such language or any bid that must be evaluated by using literature containing such language. Bidders should clearly label any submissions of descriptive literature not intended to form a part of a bid as such in order to preclude any need for the Government to interpret the bidder's intent in submitting descriptive literature. [See FAR 14.202-5.]
1852.214-71 Grouping for Aggregate Award.
As prescribed in 1814.201-670(b), insert the following provision:
(a) The Government will evaluate offers and make award on a basis of the aggregate offers for items
[Insert the item numbers and/or descriptions].
(b) If this is an invitation for bids, the Government will reject as nonresponsive a bid that is not made on all of the items specified in paragraph (a).
1852.214-72 Full Quantities.
As prescribed in 1814.201-670(c), insert the following provision:
The Government will not consider an offer for quantities of items less than those specified. If this is an invitation for bids, the Government will reject as nonresponsive a bid that is not made on full quantities.