NFS 1852.216

1852.216-72 Evaluation of Offers Subject to Economic Price Adjustment.

As prescribed in 1816.203-4(d), insert the following provision:

EVALUATION OF OFFERS

SUBJECT TO ECONOMIC

PRICE ADJUSTMENT

(DECEMBER 1991)

(a) Notwithstanding the requirements of the * clause, offers shall be evaluated on the basis of quoted prices without an amount for economic price adjustment being added. Offers that provide for a ceiling lower than any ceiling stipulated in the clause, shall be awarded at the lower ceiling.

(b) Offers that provide for adjustment(s) that may exceed any maximum adjustment stipulated in the clause, or that limit or delete any downward adjustment stipulated in the clause, shall be rejected.

*Insert the title of the clause providing for economic price adjustment.

(End of provision)

1852.216-73 Estimated Cost and Cost Sharing.

As prescribed in 1816.307-70(a), insert the following clause:

ESTIMATED COST AND

COST SHARING

(DECEMBER 1991)

(a) It is estimated that the total cost of performing the work under this contract will be $ .

(b) For performance of the work under this contract, the Contractor shall be reimbursed for not more than percent of the costs of performance determined to be allowable under the Allowable Cost and Payment clause. The remaining percent or more of the costs of performance so determined shall constitute the Contractor's share, for which it will not be reimbursed by the Government.

(c) For purposes of the [insert "Limitation of Cost" or "Limitation of Funds"] clause, the total estimated cost to the Government is hereby established as $ (insert estimated Government share); this amount is the maximum cost for which the Government is obligated.

(d) The Contractor shall maintain records of all contract costs claimed by the Contractor as constituting part of its share. Those records shall be subject to audit by the Government. Costs contributed by the Contractor shall not be charged to the Government under any other grant, contract, or agreement (including allocation to other grants, contracts, or agreements as part of an independent research and development program).

(End of clause)

1852.216-74 Estimated Cost and Fixed Fee.

As prescribed in 1816.307-70(b), insert the following clause:

ESTIMATED COST

AND FIXED FEE

(DECEMBER 1991)

The estimated cost of this contract is exclusive of the fixed fee of . The total estimated cost and fixed fee is .

(End of clause)

1852.216-75 Payment of Fixed Fee.

As prescribed in 1816.307-70(c), insert the following clause:

PAYMENT OF FIXED FEE

(DECEMBER 1988)

The fixed fee shall be paid in monthly installments based upon the percentage of completion of work as determined by the Contracting Officer.

(End of clause)

1852.216-76 Award Fee for Service Contracts.

As prescribed in 1816.405-70(a), insert the following clause:

AWARD FEE FOR

SERVICE CONTRACTS

(SEPTEMBER 1993)

(a) The contractor can earn award fee from a minimum of zero dollars to the maximum stated in NASA FAR Supplement clause 1852.216-85, "Estimated Cost and Award Fee" in this contract.

(b) Beginning 6* months after the effective date of this contract, the Government shall evaluate the Contractor's performance every 6* months to determine the amount of award fee earned by the contractor during the period. The Contractor may submit a self-evaluation of performance for each evaluation period under consideration. These self-evaluations will be considered by the Government in its evaluation. The Government's Fee Determination Official (FDO) will determine the award fee amounts based on the Contractor's performance in accordance with [identify performance evaluation plan]. The plan may be revised unilaterally by the Government prior to the beginning of any rating period to redirect emphasis.

(c) The Government will advise the Contractor in writing of the evaluation results. The Contracting Officer will issue a unilateral modification to the contract that will recognize the award fee earned. The Contractor is not required to submit a separate voucher for earned award fee. The [insert payment office] will make payment based on the unilateral modification.

(d) The amount of award fee which can be awarded in each evaluation period is limited to the amounts set forth at [identify location of award fee amounts]. Award fee which is not earned in an evaluation period cannot be reallocated to future evaluation periods.

(e) Award fee determinations made by the Government under this contract are not subject to the Disputes clause.

* A period of time greater or lesser than 6 months may be substituted in accordance with 1816.404-272(a).

ALTERNATE I

(SEPTEMBER 1993)

As prescribed in 1816.405-70(a), insert the following paragraph (e) and reletter existing paragraph (e) to (f):

(e) (1) Pending a determination of the amount of award fee earned for an evaluation period, a portion of the available award fee for that period will be paid to the contractor on a [Insert the frequency of provisional payments (not more often than monthly)] basis. The portion paid will be [Insert percentage (not to exceed 80 percent) for provisional payments] percent of the current period's available amount; provided, however, that when the Contracting Officer determines that the Contractor will not achieve a level of performance commensurate with the provisional rate, payment of provisional award fee will be discontinued or reduced in such amounts as the Contracting Officer deems appropriate. The Contracting Officer shall notify the Contractor in writing if it is determined that such discontinuance or reduction is appropriate. This determination is not subject to the Disputes clause.

(2) In the event the amount of award fee earned, as determined by the FDO, is less than the sum of the provisional payments made for that period, the Contractor will either credit the next payment voucher for the amount of such overpayment or refund the difference to the Government, as directed by the Contracting Officer.

(3) Provisional award fee payments will [insert "not" if appropriate] be made prior to the first award fee determination by the Government.

(End of clause)

1852.216-77 Award Fee for Non-Service Contracts.

As prescribed in 1816.405-70(b), insert the following clause:

AWARD FEE FOR NON-SERVICE CONTRACTS

(SEPTEMBER 1993)

(a) The contractor can earn award fee, or base fee, if any, from a minimum of zero dollars to the maximum stated in NASA FAR Supplement clause 1852.216-85, "Estimated Cost and Award Fee" in this contract. All award fee evaluations, with the exception of the last evaluation, will be interim evaluations. At the last evaluation, which is final, the Contractor's performance for the entire contract will be evaluated to determine total earned award fee. No award fee or base fee will be paid to the Contractor if the final award fee evaluation is "poor/unsatisfactory."

(b) Beginning 6* months after the effective date of this contract, the Government shall evaluate the Contractor's interim performance every 6* months to monitor Contractor performance prior to contract completion and to provide feedback to the Contractor. The evaluation will be performed in accordance with [identify performance evaluation plan] to this contract. The Contractor may submit a self-evaluation of performance for each period under consideration. These self-evaluations will be considered by the Government in its evaluation. The Government will advise the Contractor in writing of the evaluation results. The plan may be revised unilaterally by the Government prior to the beginning of any rating period to redirect emphasis.

(c) (1) Provisional payments will [insert "not" if applicable] be made under this contract. Pending the final evaluation, provisional award fee, including base fee if any, payments will be made to the Contractor on a [insert the frequency of provisional payments (not more often than monthly)] basis. The amount of award fee, including base fee, if any, which will be provisionally paid in each evaluation period is limited to the lesser of the interim evaluation score, applied as a percentage, or 80 percent of the award fee allocated to that period (see [insert applicable cite]). If the Government determines that (i) the total amount of provisional fee payments will apparently substantially exceed the anticipated final evaluation score, or (ii) the interim evaluation is "poor/unsatisfactory," no provisional fee payment shall be made for that period. Written notification of the determination will be provided to the Contractor.

(2) The Contracting Officer will issue a unilateral modification to the contract that will recognize any provisional award fee, including base fee if any, paid, for the interim performance period evaluated. The Contractor is not required to submit a separate voucher for provisional fee payments. The [insert payment office] will make payment based on the unilateral modification.

(3) All provisional fee payments will be superseded by the fee determination made in the final award fee evaluation. The Government will then pay the Contractor, or the Contractor will refund to the Government, the difference between the final award fee determination and the cumulative provisional fee payments.

(d) Award fee determinations made by the Government under this contract are not subject to the Disputes clause.

*A period of time greater or lesser than 6 months may be substituted in accordance with 1816.404-272(a).

(End of clause)

1852.216-78 Firm Fixed Price.

As prescribed in 1816.202-70, insert the following clause:

FIRM FIXED PRICE

(DECEMBER 1988)

The total firm fixed price of this contract is $ [Insert the appropriate amount].

(End of clause)

1852.216-79 Level-of-Effort (Fixed-Price).

As prescribed in 1816.207-70(a), insert the following clause:

LEVEL-OF-EFFORT

(FIXED-PRICE)

(DECEMBER 1991)

(a) In accomplishing the work required under this contract, the Contractor shall provide direct labor hours as a minimum. These hours shall be expended as follows:

                        Minimum Direct
   Labor Category        Labor Hours

(Insert the labor categories and associated direct labor hours.)

(b) "Direct labor hours" are those productive hours expended by Contractor personnel in performing work under this contract that are charged as direct labor under the Contractor's established accounting policy and procedures. The term does not include sick leave, vacation, holiday leave, military leave, or any type of administrative leave but does include direct labor hours provided under level-of-effort subcontracts.

(c) The Contractor may, at its own option, furnish more than the stated direct labor hours; however, the Contractor shall not be entitled to any increase in the fixed price of the contract for exceeding the stated direct labor hours.

(d) Within thirty (30) days after the end of the performance period and before submission of an invoice for final payment, the Contractor shall submit to the Contracting Officer a statement certifying the actual total number of direct labor hours expended under this contract. The Contractor further agrees to make available to the Contracting Officer such records as the Contracting Officer may reasonably require to determine that the minimum number of labor hours specified in this clause were expended in the performance of the work.

(e) If, at the end of the contract term, the Contractor has not provided the minimum direct labor hours specified above, the total fixed price of this contract shall be reduced as follows:

(Insert either a formula based upon the number of hours expended in the separate labor categories or the product of the hours of unexpended labor multiplied by one specified rate.)

(End of clause)

1852.216-80 Task Ordering Procedure.

As prescribed in 1816.307-70(d), insert the following clause:

TASK ORDERING PROCEDURE

(DECEMBER 1991)

Performance under this contract is subject to the following ordering procedure.

(a) Within the direct labor hours specified in the Level-of-Effort clause of this contract, the Contractor shall incur costs under this contract in the performance of task orders and task order modifications issued in accordance with this ordering procedure. No other costs are authorized without the express written consent of the Contracting Officer.

(b) From time to time during the term of this contract, the Contract-ing Officer will issue task orders in writing to the Contractor, providing specific information on work to be performed within the scope of the contract.

(1) Task orders will contain, as a minimum, the following information:

(i) Signature of the Contracting Officer.

(ii) Contract number, order number, and date.

(iii) Description of work.

(iv) Maximum dollar amount authorized (cost and fee or price).

(v) Maximum number of contract labor hours and other resources authorized.

(vi) Documentation requirements.

(vii) Delivery/per-formance schedule.

(viii) Quality assurance standards, as appropriate.

(ix) Travel authorized.

(x) Any other necessary information.

(2) Unless otherwise directed by the Contracting Officer, the Contractor shall submit the following information for each task order:

(i) Discussion of the technical approach for performing the work.

(ii) Estimated date of commencement of work, and any changes proposed to the schedule of performance.

(iii) Direct labor hours, both straight time and overtime (if authorized), on a monthly basis by applicable labor category, and the total direct labor hours, including those in (2)(b)(iv)(B) of this clause, estimated to complete the task.

(iv) The total estimated cost and fee, where appropriate, for completion of the task order, including:

(A) The travel and material estimates.

(B) An estimate for subcontractors and consultants, including the direct labor hours, if applicable.

(C) Estimated computer use time required, if applicable.

(D) Other pertinent information, such as indirect costs and inter-divisional transfers.

(3) Each task order shall require the Contractor to acknowledge receipt and acceptance of the task order within ten calendar days after receipt. If the Contractor cannot comply with a task order requirement, the Contractor shall indicate in his acknowledgment, the changes required prior to his acceptance. Any differences must be resolved between the parties and the order modified to reflect the agreement.

(End of clause)

1852.216-81 Estimated Cost.

As prescribed in 1816.307-70(e), insert the following clause:

ESTIMATED COST

(DECEMBER 1988)

The total estimated cost for complete performance of this contract is $ [Insert total estimated cost of the contract]. See FAR clause 52.216-11, Cost Contract--No Fee, of this contract.

(End of clause)

1852.216-82 Level-of-Effort (Cost).

As prescribed in 1816.307-70(f), insert the following clause:

LEVEL-OF-EFFORT (COST)

(DECEMBER 1991)

(a) (1) During the term of the contract, the Contractor is obligated to provide not less than (insert minimum percentage or minimum number of hours) nor more than (insert maximum percentage or maximum number of hours) of total direct labor hours. The total direct labor hours are distributed between the contractor's applicable labor categories as follows:

                      Direct
        Labor         Labor 
      Category        Hours

(Insert the labor categories and associated direct labor hours.)

(2) The allocation of total direct labor hours between labor categories, as shown in paragraph (a)(1), reflects the best estimate of the skill mix required to perform the contract. It is understood and agreed that this allocation of direct labor hours may be varied, if necessary, in the actual performance of the work.

(b) "Direct labor hours" are those productive hours expended by Contractor personnel in performing work under this contract that are charged as direct labor under the Contractor's established accounting policy and procedures. The term does not include sick leave, vacation, holiday leave, military leave, or any type of administrative leave but does include direct labor hours provided under level-of-effort subcontracts.

(c) Once the maximum number of direct labor hours is reached or the contract term has ended, the Contractor's obligations under the contract are fulfilled, even though the specified work may not have been completed. The Contractor is not authorized to exceed the maximum of the direct labor hours specified in paragraph (a) of this clause. Any estimated cost and fee(s) adjustments for additional direct labor hours shall be based solely upon those hours being added to the maximum number of direct labor hours specified in this clause.

(d) The fee, if any, is based upon the furnishing of at least the specified minimum number of direct labor hours, including subcontract hours. If the Contractor provides less than that specified minimum number of hours prior to expiration of the contract term, and the Government has not invoked its rights under the Termination clause of this contract to adjust the contract for such reduced effort, the Contracting Officer may unilaterally make an equitable downward adjustment to the contract fee. The downward adjustment in fee will be based upon the difference between the minimum direct labor hours specified under this clause and the amount of direct labor hours provided by the Contractor. Prior to making such an adjustment, the Contracting Officer will request the Contractor provide a written discussion of any extenuating circumstances (e.g., productivity improvements or reductions in contract scope) which contributed to the underrun. Any information provided by the Contractor will be considered by the Contracting Officer in determining the amount of the downward adjustment in fee.

(End of clause)

1852.216-83 Fixed Price Incentive.

As prescribed in 1816.405-70(c), insert the following clause:

FIXED PRICE INCENTIVE

(DECEMBER 1991)

The target cost of this contract is $ . The Target profit of this contract is $ . The target price (target cost plus target profit) of this contract is $ . [The ceiling price is $ .]

(End of clause)

1852.216-84 Estimated Cost and Incentive Fee.

As prescribed in 1816.405-70(d), insert the following clause:

ESTIMATED COST AND

INCENTIVE FEE

(DECEMBER 1991)

The target cost of this contract is $ . The target fee of this contract is $ . The total target cost and target fee as contemplated by the Incentive Fee clause of this contract are $ .

(End of clause)

1852.216-85 Estimated Cost and Award Fee.

As prescribed in 1816.405-70(e), insert the following clause:

ESTIMATED COST AND

AWARD FEE

(SEPTEMBER 1993)

The estimated cost of this contract is $ . The maximum available award fee, excluding base fee, if any, is $ . The base fee is $ . Total estimated cost, base fee, and maximum award fee are $ .

(End of clause)

ALTERNATE I

(SEPTEMBER 1993)

As prescribed in 1816.405-70(e), insert the following sentence at the end of the clause:

The maximum positive performance incentive is $ . The maximum negative performance incentive is (1) .

(1) For research development hardware contracts, insert [equal to total earned award fee (including any base fee)]. For production hardware contracts, insert [$total potential award fee amount, including any base fee)].

(End of clause)

1852.216-86 Settlement of Letter Contract.

As prescribed in 1816.603-470, insert the following clause:

SETTLEMENT OF LETTER

CONTRACT

(DECEMBER 1991)

(a) This contract constitutes the definitive contract contemplated by issuance of letter contract (insert number), dated . It supersedes the letter contract and its modification no.(s) and, to the extent of any inconsistencies, governs.

(b) The cost(s) and fee(s), or price(s), established in this definitive contract represent full and complete settlement of letter contract and modification no.(s) .

(End of clause)

1852.216-87 Submission of Vouchers for Payment.

As prescribed in 1816.307-70(g), insert the following clause:

SUBMISSION OF VOUCHERS

FOR PAYMENT

(DECEMBER 1988)

(a) Public vouchers for payment of costs shall include a reference to this contract [Insert the contract number] and be forwarded to:

[Insert the mailing address for submission of cost vouchers.]

This is the designated billing office for cost vouchers for purposes of the Prompt Payment clause of this contract.

(b) The Contractor shall prepare vouchers as follows:

(1) One original Standard Form (SF) 1034, SF 1035, or equivalent Contractor's attachment.

(2) Seven copies of SF 1034A, SF 1035A, or equivalent Contractor's attachment.

(3) The Contractor shall mark SF 1034A copies 1, 2, 3, 4, and such other copies as may be directed by the Contracting Officer by insertion in the memorandum block the names and addresses as follows:

(i) Copy 1 NASA Contracting Officer;

(ii) Copy 2 Auditor;

(iii) Copy 3 Contractor;

(iv) Copy 4 Contract administration office; and

(v) Copy 5 Project management office.

(c) Public vouchers for payment of fee shall be prepared similarly and be forwarded to:

[Insert the mailing address for submission of fee vouchers.]

This is the designated billing office for fee vouchers for purposes of the Prompt Payment clause of this contract.

(d) In the event that amounts are withheld from payment in accordance with provisions of this contract, a separate voucher for the amount withheld will be required before payment for that amount may be made.

1852.216-88 Performance Incentive.

As prescribed in 1816.405-70(f), insert the following clause:

PERFORMANCE INCENTIVE

(SEPTEMBER 1993)

(a) A performance incentive applies to the following hardware item(s) delivered under this contract: (1)

The performance incentive will measure the performance of those items against the salient hardware performance requirement, called "unit(s) of measurement," e.g., months in service or amount of data transmitted, identified below. The performance incentive becomes effective when the hardware is put into service. It includes a standard performance level, a positive incentive, and a negative incentive, which are described in this clause.

(b) Standard performance level. At the standard performance level, the Contractor has met the contract requirement for the unit of measurement. Neither positive nor negative incentives apply when this level is achieved but not exceeded. The standard performance level for (1) is established as follows: (2)

(c) Positive incentive. The Contractor earns a separate positive incentive amount for each hardware item listed in paragraph (a) of this clause when the standard performance level for that item is exceeded. The amount earned for each item varies with the units of measurement achieved, up to a maximum positive performance incentive amount of $ (3) per item. The units of measurement and the incentive amounts associated with achieving each unit are shown below: (4)

(d) Negative incentive. The Contractor will pay to the Government a negative incentive amount for each hardware item that fails to achieve the standard performance level. The amount to be paid for each item varies with the units of measurement achieved, up to the maximum negative incentive amount of $ (5) . The units of measurement and the incentive amounts associated with achieving each unit are shown below: (6)

(e) The final calculation of positive or negative performance incentive amounts shall be done when performance (as defined by the unit of measurement) ceases or when the maximum positive incentive is reached.

(1) When the Contracting Officer determines that the performance level achieved fell below the standard performance level, the Contractor will either pay the amount due the Government or credit the next payment voucher for the amount due, as directed by the Contracting Officer.

(2) When the performance level exceeds the standard level, the Contractor may request payment of the incentive amount associated with a given level of performance, provided that such payments shall not be more frequent than monthly. When performance ceases or the maximum positive incentive is reached, the Government shall calculate the final performance incentive earned and unpaid and promptly remit it to the contractor.

(f) If performance cannot be demonstrated, through no fault of the Contractor, within [insert number of months or years] after the date of hardware acceptance by the Government, the Contractor will be paid [insert percentage] of the maximum performance incentive.

(g) The decisions made as to the amount(s) of positive or negative incentives are subject to the Disputes clause.

(1) Insert applicable item number(s) and/or nomenclature.

(2) Insert a specific unit of measurement for each hardware item listed in (1) and each salient characteristic, if more than one.

(3) Insert the maximum positive performance incentive amount (see 1816.404-276(g)(1) and (2)).

(4) Insert all units of measurement and associated dollar amounts up to the maximum performance incentive.

(5) For research and development hardware contracts, insert [equal to total earned award fee (including any base fee)]. For production hardware contracts, insert [$ (total potential award fee amount, including any base fee)] (see 1816.404-276(g)(3)).

(6) Insert all units of measurement and associated dollar amounts up to the maximum negative performance incentive.

(End of clause)

1852.216-89 Allowable Cost and Payment.

As prescribed at 1816.307-70(h), insert the following clause:

ALLOWABLE COST AND PAYMENT

(APRIL 1994)

Allowable costs shall be determined by the contracting officer in accordance with 1831.205-18 in addition to the provisions of (FAR) 48 CFR Subpart 31.2.

(End of clause)