NFS 1852.215

1852.215-70 Increases in Estimated Costs.

As prescribed in 1815.613-72(a), insert the following provision:

INCREASES IN

ESTIMATED COSTS

(DECEMBER 1988)

Once the apparent successful offeror has been selected, that offeror may not unilaterally increase the estimated costs submitted with its proposal except for--

(a) Increases resulting from updating or correcting the certified cost or pricing data submitted with the proposal;

(b) Costs resulting from the Government's directed correction of identified weaknesses in the proposal that must be corrected as a condition of contracting; or

(c) Minor changes in the requirements of the solicitation. In such cases, the Government will consider only those increases arising from requirements actually affected by the changes (irrespective of whether the changes result in an increase or decrease in the requirements or are initiated by the Government or the offeror) and then only to the extent the increases are identified and justified.

(End of provision)

1852.215-71 Adjustment for Subcontract Price Redetermination.

As prescribed in 1815.870-2, insert the following clause:

ADJUSTMENT FOR

SUBCONTRACT PRICE

REDETERMINATION

(DECEMBER 1988)

Promptly upon the establishment of firm prices for each of the subcontracts listed below, the Contractor shall submit, in such form and detail as the Contracting Officer may reasonably require, a statement of costs incurred in the performance of that subcontract and the firm price established for it. Thereupon, notwithstanding any other provisions of this contract as amended by this modification, the Contractor and the Contracting Officer shall negotiate an equitable adjustment in the total amount paid or to be paid under the contract to reflect the subcontract price revision. The equitable adjustment shall be evidenced by a modification to this contract.

[list subcontracts]

(End of clause)

1852.215-72 Restriction on Use and Disclosure of Proposal/Quotation Information (Data).

As prescribed in 1815.407-70(a), insert the following provision:

RESTRICTION ON

USE AND DISCLOSURE OF

PROPOSAL/QUOTATION

INFORMATION (DATA)

(DECEMBER 1984)

It is NASA policy to use information contained in proposals and quotations for evaluation purposes only. While this policy does not require that the proposal or quotation bear a restrictive notice, offerors or quoters should, in order to maximize protection of trade secrets or other information that is commercial or financial and confidential or privileged, place the following notice on the title page of the proposal or quotation and specify the information subject to the notice by inserting appropriate identification, such as page numbers, in the notice. In any event, information (data) contained in proposals and quotations will be protected to the extent permitted by law, but NASA assumes no liability for use and disclosure of information not made subject to the notice.

RESTRICTION ON

USE AND DISCLOSURE OF

PROPOSAL AND QUOTATION

INFORMATION (DATA)

The information (data) contained in [Insert page numbers or other identification] of this proposal or quotation constitutes a trade secret and/or information that is commercial or financial and confidential or privileged. It is furnished to the Government in confidence with the understanding that it will not, without permission of the offeror, be used or disclosed for other than evaluation purposes; provided, however, that in the event a contract is awarded on the basis of this proposal or quotation the Government shall have the right to use and disclose this information (data) to the extent provided in the contract. This restriction does not limit the Government's right to use or disclose this information (data) if obtained from another source without restriction.

(End of provision)

1852.215-73 Late Submissions, Modifications, and Withdrawals of Proposals. (AO and SBIR Programs).

As prescribed in 1815.407-70(b), use the following provision in lieu of the provision at FAR 52.215-10 in Announcement of Opportunity and SBIR solicitations:

LATE SUBMISSIONS,

MODIFICATIONS, AND

WITHDRAWALS OF PROPOSALS

(AO AND SBIR PROGRAMS)

(DECEMBER 1988)

(a) The Government reserves the right to consider proposals or modifications, including any revision of an otherwise successful proposal, received after the date indicated for receipt of proposals if it would be in the Government's best interest to do so.

(b) Proposals may be withdrawn by written notice or telegram (including mailgram) received at any time before award. Proposals may be withdrawn in person by an offeror or an authorized representative, if the representative's identity is made known and the representative signs a receipt for the proposal before award.

(End of provision)

1852.215-74 Alternate Proposals.

As prescribed in 1815.407-70(c), insert the following provision:

ALTERNATE PROPOSALS

(DECEMBER 1988)

(a) The offeror may submit an alternate proposal to accomplish any aspect of the effort or product contemplated by the solicitation in a manner that might create a beneficial improvement to the Government. The Government will consider an alternate proposal if it is accompanied by a basic proposal prepared in accordance with instructions contained in and responsive to this solicitation. The alternate proposal must be complete by itself and comply with the proposal instructions of this solicitation. The alternate proposal will be evaluated in accordance with the evaluation factors of this solicitation.

(b) In the event the Government receives an alternate proposal that, if accepted, would result in a contract with terms varying in one or more material respects from those contained in this solicitation (i.e., change in scope), and the Government concludes that implementation of the approach contained in the alternate proposal would be in its best interests, the Government may modify its solicitation in a manner appropriate to incorporate the change in scope but not reveal the substance of the alternate proposal, and thereafter give all offerors (and others if the facts warrant) an opportunity to respond to the modified solicitation.

(End of provision)

1852.215-75 Expenses Related to Offeror Submissions.

As prescribed in 1815.407-70(d), insert the following provision:

EXPENSES RELATED TO

OFFEROR SUBMISSIONS

(DECEMBER 1988)

This solicitation neither commits the Government to pay any cost incurred in the submission of the offer or in making necessary studies or designs for preparing the offer, nor to contract for services or supplies. Any costs incurred in anticipation of a contract shall be at the offeror's own risk.

(End of provision)

1852.215-76 False Statements.

As prescribed in 1815.407-70(e), insert the following provision:

FALSE STATEMENTS

(DECEMBER 1988)

PROPOSALS MUST SET FORTH FULL, ACCURATE, AND COMPLETE INFORMATION AS REQUIRED BY THE SOLICITATION (INCLUDING ATTACHMENTS). THE PENALTY FOR MAKING FALSE STATEMENTS IN PROPOSALS IS PRESCRIBED IN 18 U.S.C. 1001.

(End of provision)

1852.215-77 Preproposal/Pre-bid Conference.

As prescribed in 1815.407-70(f), insert the following provision:

PREPROPOSAL/PRE-BID

CONFERENCE

(DECEMBER 1988)

(a) A preproposal/pre-bid conference will be held as indicated below:

Date:

Time:

Location:

Other Information, as applicable:

[Insert the applicable conference information.]

(b) Attendance at the preproposal/pre-bid conference is recommended; however, attendance is neither required nor a prerequisite for proposal/bid submission and will not be considered in the evaluation.

(End of provision)

1852.215-78 Make or Buy Program Requirements.

As prescribed in 1815.708-70(a), insert the following provision:

MAKE OR BUY PROGRAM

REQUIREMENTS

(DECEMBER 1988)

The offeror shall submit a Make-or-Buy Program in accordance with the requirements of Federal Acquisition Regulation (FAR) 15.705. The offeror shall include the following supporting documentation with its proposal:

(a) A description of each major item or work effort (see FAR 15.704).

(b) Categorization of each major item or work effort as "must make," "must buy," or "can either make or buy."

(c) For each item or work effort categorized as "can either make or buy," a proposal either to "make" or "buy."

(d) Reasons for (i) categorizing items and work effort as "must make" or "must buy" and (ii) proposing to "make" or "buy" those categorized as "can either make or buy." The reasons must include the consideration given to the applicable evaluation factorsdescribed in the solicitation and be in sufficient detail to permit the Contracting Officer to evaluate the categorization and proposal.

(e) Designation of the offeror's plant or division proposed to make each item or perform each work effort and a statement as to whether the existing or proposed new facility is in or near a labor surplus area.

(f) Identification of proposed subcontractors, if known, and their location and size status.

(g) Any recommendations to defer make-or-buy decisions when categorization of some items or work efforts is impracticable at the time of submission.

(End of provision)

1852.215-79 Price Adjustment for "Make-or-Buy" Changes.

As prescribed in 1815.708-70(b), insert the following clause:

PRICE ADJUSTMENT FOR

"MAKE-OR-BUY" CHANGES

(DECEMBER 1988)

The following make-or-buy items are subject to the provisions of paragraph (d) of the clause at FAR 52.215-21, Change or Additions to Make-or-Buy Program, of this contract:

   ITEM                MAKE-OR-BUY
   DESCRIP-            DETERMINA-
   TION                TION                 

(End of clause)

1852.215-80 Disposal of Unsuccessful Proposals.

As prescribed in 1815.407-70(g), insert the following provision:

DISPOSAL OF UNSUCCESSFUL

PROPOSALS

(DECEMBER 1988)

After contract award, one or more copies of each unsuccessful proposal will be retained in the Government's official contract file, and all other copies will be destroyed.

(End of provision)

1852.215-81 Proposal Page Limitations.

As prescribed in 1815.407-70(j), insert the following provision:

PROPOSAL PAGE LIMITATIONS

(JANUARY 1994)

(a) The following page limitations are established for each portion of the proposal submitted in response to this solicitation.

  
      Proposal Section     Page Limit
      (List each volume    (Specify 
       or section)         limit)

      _________            ______
      _________            ______
      _________            ______
      _________            ______   

(b) A page is defined as one side of a sheet, 8 1/2" x 11", with at least one inch margins on all sides, using not smaller than 12 characters per inch (or equivalent) type. Foldouts count as an equivalent number of 8 1/2" x 11" pages. The metric standard format most closely approximating the described standard 8 1/2" x 11" size may also be used.

(c) Title pages and tables of contents are excluded from the page counts specified in paragraph (a) of this provision. In addition, the Cost section of your proposal is not page limited. However, this section is to be strictly limited to cost and price information. Information that can be construed as belonging in one of the other sections of the proposal will be so construed and counted against that section's page limitation.

(d) If Best and Final Offers (BAFOs) are requested, separate page limitations will be specified in the Government's request for that submission.

(e) Pages submitted in excess of the limitations specified in this provision will not be evaluated by the Government and will be returned to the offeror.

(End of provision)

1852.215-82 Offeror Oral Presentations.

As prescribed in 1815.407-70(k), insert the following provision:

OFFEROR ORAL PRESENTATIONS

(NOVEMBER 1993)

(a) Offerors are invited to give an oral presentation to the Government on the structure and general content of their proposals. These presentations are intended to assist Government evaluation by providing a "roadmap" to understanding proposals, i.e., an overview of the proposal organization and layout, and where required information and elements are located. Although the offeror's basic approach to satisfying solicitation requirements may be explained, it is to be done so only in general terms and only to expedite the Government's formal evaluation.

(b) The Government will not engage in any discussions during the oral presentation, and no proposal revisions will be accepted as part of the presentation. The Government's evaluation of offeror proposals will be based on the contents of the initial proposal, and any information not included in the initial proposal that is provided at the oral presentation will not be evaluated.

(c) Offerors should indicate in their proposals if they wish to give an oral presentation. These presentations are not mandatory, and electing not to give a presentation will not, in itself, affect proposal evaluation.

(d) Because the presentations are intended to assist the Government's evaluation, they will be scheduled to take place prior to commencement of the formal initial evaluation, normally within three days after proposal receipt. Offerors unable to accommodate this schedule forfeit their opportunity to provide a presentation.

(e) The presentations will consist of an offeror briefing not to exceed [insert 1 or 2] hours to

be followed by a question and answer period. The order of offeror presentations will be determined at random. The exact time and place of the presentation, along with any other guidance, will be provided to the offeror by the contracting officer or his/her representative.

(f) Presentation materials are not required, but if used, the Government will retain one copy in its official file as a historical record of the presentation even though these materials will not be used in the Government's evaluation process.

(End of provision)

1852.215-83 Alternate Method of Scoring Proposals.

As prescribed in 1815.613-72(b), insert the following provision:

ALTERNATE METHOD OF

SCORING PROPOSALS

(NOVEMBER 1993)

NASA reserves the right to evaluate proposals received in response to this solicitation under either of the two scoring methods described in NASA FAR Supplement 1815.613-71(b)(4) and 1870.303, App. I, paragraph 407.6.d. Under the standard method, proposals are scored at the completion of initial evaluations and again upon completion of evaluations of Best and Final Offers (BAFOs). Under the alternate method, proposals are scored only after completion of BAFO evaluation.

(End of provision)

1852.215-84 Ombudsman.

As prescribed in 1815.7002, insert the following clause:

OMBUDSMAN

(OCTOBER 1995)

An ombudsman has been appointed to hear concerns from offerors, potential offerors, and contractors during the preaward and postaward phases of this acquisition. The purpose of the ombudsman is not to diminish the authority of the contracting officer, the Source Evaluation Board, or the selection official, but to communicate concerns, issues, disagreements, and recommendations of interested parties to the appropriate Government personnel and to work to resolve them. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Interested parties are invited to call the installation ombudsman [Insert name] at [Insert telephone number]. Concerns, issues, disagreements, and recommendations which cannot be resolved at the installation may be referred to the NASA ombudsman [Insert name] at [Insert telephone number].

(End of clause)