1852.215-77 Preproposal/Pre-bid Conference.
As prescribed in 1815.209-70(a), insert the following provision:
PREPROPOSAL/PRE-BID CONFERENCE
(APR 2015)
(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.
(c) Offerors, individuals, or interested parties who plan to attend the pre-proposal/pre-bid conference must provide the Contracting Officer in writing, at a minimum, full name of the attendee(s), identification of nationality (U.S. or specify other nation citizenship), Lawful Permanent Resident Numbers in the case of foreign nationals, affiliation and full office address/phone number. Center-specific security requirements for this pre-proposal/pre-bid conference will be given to a company representative prior to the conference or will be identified in this solicitation as follows: (fill-in). Examples of specific identification information which may be required include state driver’s license and social security number. Except for foreign nationals, the identification information must be provided at least (fill-in) working days in advance of the conference. This information shall be provided at least (fill-in) working days in advance of the conference for foreign nationals due to the longer badging and clearance processing time required. However, the Center reserves the right to determine foreign nationals may not be allowed on the Government site. The Government is not responsible for offerors’ inability to obtain clearance within sufficient time to attend the conference. Due to space limitations, representation of any potential Offeror may not exceed (fill-in) company representatives/persons per Offeror. Any “lobbying firm or lobbyist” as defined in 2 U.S.C. 1602(9) and (10), or any Offeror represented by a lobbyist under the Lobbying Disclosure Act of 1995 shall be specifically identified.
(d) Visitors on NASA Centers are allowed to possess and use photographic equipment (including camera cell phones) and related materials EXCEPT IN CONTROLLED AREAS. Anyone desiring to use camera equipment during the conference should contact the Contracting Officer to determine if the site(s) to be visited is a controlled area.
(e) The Government will respond to questions regarding this procurement provided such questions have been received at least five (5) working days prior to the conference. Other questions will be answered at the conference or in writing at a later time. All questions, together with the Government’s response, will be transmitted to all solicitation recipients via the government-wide point of entry (GPE). In addition, conference materials distributed at the preproposal/pre-bid conference will be made available to all potential offerors via the GPE using the NAIS Electronic Posting System.
(End of provision)
1852.215-78 Make or Buy Program Requirements.
As prescribed in 1815.408-70(a), insert the following provision:
MAKE OR BUY PROGRAM REQUIREMENTS
(FEB 1998)
The offeror shall submit a Make-or-Buy Program in accordance with the requirements of Federal Acquisition Regulation (FAR) 15.407-2. The offeror shall include the following supporting documentation with its proposal:
(a) A description of each major item or work effort.
(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 factors described 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 1815.408-70(b), insert the following clause:
PRICE ADJUSTMENT FOR "MAKE-OR-BUY" CHANGES
(DEC 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:
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ITEM DESCRIPTION |
MAKE-OR-BUY DETERMINATION |
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(End of clause)
1852.215-81 Proposal Page Limitations.
As prescribed in 1815.209-70(d), insert the following provision:
PROPOSAL PAGE LIMITATIONS
(APR 2015)
(a) The following page limitations are established for each portion of the proposal submitted in response to this solicitation.
Proposal Section(List each volume or section) |
Page Limit(Specify limit) |
[Proposal Subsection(List each subsection |
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(e.g. Offeror’s Subcontracting Plan should not exceed 20 pages) |
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(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 point 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. Other limitations/instructions identified as follows: (fill-in, if there are other limitations/ instructions).
(c) Identify any exclusions to the page limits that are excluded from the page counts specified in paragraph (a) of this provision (e.g. title pages, table of contents) as follows: (fill-in). 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 final revisions 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)
1852.215-84 Ombudsman.
As prescribed in 1815.7003, insert the following clause:
OMBUDSMAN
(NOV 2011)
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and contractors during the preaward and postaward phases of this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman is not to diminish the authority of the contracting officer, the Source Evaluation Board, or the selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Therefore, before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution.
(b) If resolution cannot be made by the contracting officer, interested parties may contact the installation ombudsman, whose name, address, telephone number, facsimile number, and e-mail address may be found at: http://prod.nais.nasa.gov/pub/pub_library/Omb.html . Concerns, issues, disagreements, and recommendations which cannot be resolved at the installation may be referred to the Agency ombudsman identified at the above URL. Please do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer or as specified elsewhere in this document.
(End of clause)
ALTERNATE I
(JUN 2000)
As prescribed in 1815.7003, insert the following paragraph (c):
(c) If this is a task or delivery order contract, the ombudsman shall review complaints from contractors and ensure they are afforded a fair opportunity to be considered, consistent with the procedures of the contract.
(End of clause)
1852.215-85 Proposal Adequacy Checklist
As prescribed in 1815.408-70(c), use the following provision:
PROPOSAL ADEQUACY CHECKLIST
(MAR 2014)
The offeror shall complete the following checklist, providing location of requested information, or an explanation of why the requested information is not provided. In preparation of the offeror’s checklist, offerors may elect to have their prospective subcontractors use the same or similar checklist as appropriate.
PROPOSAL ADEQUACY CHECKLIST
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REFERENCES |
SUBMISSION ITEM |
PROPOSAL PAGE No. |
If not provided EXPLAIN (may use continuation pages traceable to this checklist) |
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GENERAL INSTRUCTIONS |
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1. |
FAR 15.408, Table 15-2, Section I Paragraph A |
Is there a properly completed first page of the proposal per FAR 15.408 Table 15-2 I.A or as specified in the solicitation? |
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2. |
FAR 15.408, Table 15-2, Section I Paragraph A(7) |
Does the proposal identify the need for Government-furnished material/tooling/test equipment? Include the accountable contract number and contracting officer contact information if known. |
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3. |
FAR 15.408, Table 15-2, Section I Paragraph A(8) |
If your organization is subject to Cost Accounting Standards (CAS), does the proposal identify the current status of your CAS Disclosure Statement? Does the proposal identify and explain notifications of noncompliance with Cost Accounting Standards Board or Cost Accounting Standards (CAS); any proposal inconsistencies with your disclosed practices or applicable CAS; and inconsistencies with your established estimating and accounting principles and procedures? |
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4. |
FAR 15.408, Table 15-2, Section I, Paragraph C(1) FAR 2.101, “Cost or pricing data” |
Does the proposal disclose
any other known activity that could materially impact the costs? This may include, but is not limited to, such factors as— (3) Information on changes in production methods and in production or purchasing volume; (4) Data supporting projections of business prospects and objectives and related operations costs; (5) Unit-cost trends such as those associated with labor efficiency; (7) Estimated resources to attain business goals; and (8) Information on management decisions that could have a significant bearing on costs. |
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5. |
FAR 15.408, Table 15-2, Section I Paragraph B |
Is an Index of all certified cost or pricing data and information accompanying or identified in the proposal provided and appropriately referenced? |
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6. |
FAR 15.403-1(b) |
Are there any exceptions to submission of certified cost or pricing data pursuant to FAR 15.403-1(b)? If so, is supporting documentation included in the proposal? (Note questions 18-20.) |
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7. |
FAR 15.408, Table 15-2, Section I Paragraph C(2)(i) |
Does the proposal disclose the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data? |
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8. |
FAR 15.408, Table 15-2, Section I Paragraph C(2)(ii) |
Does the proposal disclose the nature and amount of any contingencies included in the proposed price? |
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9. |
FAR 15.408 Table 15-2, Section II, Paragraph A or B |
Does the proposal explain the basis of all cost estimating relationships (labor hours or material) proposed on other than a discrete basis? |
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10. |
FAR 15.408, Table 15-2, Section I Paragraphs D and E |
Is there a summary of total cost by element of cost and are the elements of cost cross-referenced to the supporting cost or pricing data? (Breakdowns for each cost element must be consistent with your cost accounting system, including breakdown by year.) |
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11. |
FAR 15.408, Table 15-2, Section I Paragraphs D and E |
If more than one Contract Line Item Number (CLIN) or sub Contract Line Item Number (sub-CLIN) is proposed as required by the RFP, are there summary total amounts covering all line items for each element of cost and is it cross-referenced to the supporting cost or pricing data? |
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12. |
FAR 15.408, Table 15-2, Section I Paragraph F |
Does the proposal identify any incurred costs for work performed before the submission of the proposal? |
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13. |
FAR 15.408, Table 15-2, Section I Paragraph G |
Is there a Government forward pricing rate agreement (FPRA)? If so, the offeror shall identify the official submittal of such rate and factor data. If not, does the proposal include all rates and factors by year that are utilized in the development of the proposal and the basis for those rates and factors? |
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COST ELEMENTS |
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MATERIALS AND SERVICES |
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14. |
FAR 15.408, Table 15-2, Section II Paragraph A |
Does the proposal include a consolidated summary of individual material and services, frequently referred to as a Consolidated Bill of Material (CBOM), to include the basis for pricing? The offeror’s consolidated summary shall include raw materials, parts, components, assemblies, subcontracts and services to be produced or performed by others, identifying as a minimum the item, source, quantity, and price. |
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SUBCONTRACTS (Purchased materials or services) |
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15. |
FAR 15.404-3(c) FAR 52.244-2 |
Per the thresholds of FAR 15.404-3(c), Subcontract Pricing Considerations, does the proposal include a copy of the applicable subcontractor’s certified cost or pricing data? |
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16. |
FAR 15.408, Table 15-2, Note 1; Section II Paragraph A |
Is there a price/cost analysis establishing the reasonableness of each of the proposed subcontracts included with the proposal? If the offeror’s price/cost analyses are not provided with the proposal, does the proposal include a matrix identifying dates for receipt of subcontractor proposal, completion of fact finding for purposes of price/cost analysis, and submission of the price/cost analysis? |
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EXCEPTIONS TO CERTIFIED COST OR PRICING DATA |
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17. |
FAR 2.101, “commercial item” |
Has the offeror submitted an exception to the submission of certified cost or pricing data for commercial items proposed either at the prime or subcontractor level, in accordance with provision 52.215-20? a. Has the offeror specifically identified the type of commercial item claim (FAR 2.101 commercial item definition, paragraphs (1) through (8)), and the basis on which the item meets the definition? b. For modified commercial items (FAR 2.101 commercial item definition paragraph (3)); did the offeror classify the modification(s) as either— i. A modification of a type customarily available in the commercial marketplace (paragraph (3)(i)); or ii. A minor modification (paragraph (3)(ii)) of a type not customarily available in the commercial marketplace made to meet Federal Government requirements not exceeding the thresholds in FAR 15.403-1(c)(3)(iii)(B)? c. For proposed commercial items “of a type”, or “evolved” or modified (FAR 2.101 commercial item definition paragraphs (1) through (3)), did the contractor provide a technical description of the differences between the proposed item and the comparison item(s)? |
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18. |
FAR 15.408, Table 15-2, Section II Paragraph A(1) |
Does the proposal support the degree of competition and the basis for establishing the source and reasonableness of price for each subcontract or purchase order priced on a competitive basis exceeding the threshold for certified cost or pricing data? |
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INTERORGANIZATIONAL TRANSFERS |
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19. |
FAR 15.408, Table 15-2, Section II Paragraph A.(2) |
For inter-organizational transfers proposed at cost, does the proposal include a complete cost proposal in compliance with Table 15-2? |
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20. |
FAR 15.408, Table 15-2, Section II Paragraph A(1) |
For inter-organizational transfers proposed at price in accordance with FAR 31.205-26(e), does the proposal provide an analysis by the prime that supports the exception from certified cost or pricing data in accordance with FAR 15.403-1? |
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DIRECT LABOR |
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21. |
FAR 15.408, Table 15-2, Section II Paragraph B |
Does the proposal include a time phased (i.e.; monthly, quarterly) breakdown of labor hours, rates and costs by category or skill level? If labor is the allocation base for indirect costs, the labor cost must be summarized in order that the applicable overhead rate can be applied. |
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22. |
FAR 15.408, Table 15-2, Section II Paragraph B |
For labor Basis of
Estimates (BOEs), does the proposal include labor categories, labor hours,
and task descriptions |
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23. |
If covered by the Service Contract Labor Standards statute (41 U.S.C. chapter 67), are the rates in the proposal in compliance with the minimum rates specified in the statute? |
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INDIRECT COSTS |
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24. |
FAR 15.408, Table 15-2, Section II Paragraph C |
Does the proposal indicate the basis of estimate for proposed indirect costs and how they are applied? (Support for the indirect rates could consist of cost breakdowns, trends, and budgetary data.) |
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OTHER COSTS |
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25. |
FAR 15.408, Table 15-2, Section II Paragraph D |
Does the proposal include other direct costs and the basis for pricing? If travel is included does the proposal include number of trips, number of people, number of days per trip, locations, and rates (e.g. airfare, per diem, hotel, car rental, etc)? |
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26. |
FAR 15.408, Table 15-2, Section II Paragraph E |
If royalties exceed $1,500 does the proposal provide the information/data identified by Table 15-2? |
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27. |
FAR 15.408, Table 15-2, Section II Paragraph F |
When facilities capital cost of money is proposed, does the proposal include submission of Form CASB-CMF or reference to an FPRA/FPRP and show the calculation of the proposed amount? |
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FORMATS FOR SUBMISSION OF LINE ITEM SUMMARIES |
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28. |
FAR 15.408, Table 15-2, Section III |
Are all cost element breakdowns provided using the applicable format prescribed in FAR 15.408, Table 15-2 III? (or alternative format if specified in the request for proposal) |
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29. |
FAR 15.408, Table 15-2, Section III Paragraph B |
If the proposal is for a modification or change order, have cost of work deleted (credits) and cost of work added (debits) been provided in the format described in FAR 15.408, Table 15-2.III.B? |
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30. |
FAR 15.408, Table 15-2, Section III Paragraph C |
For price revisions/redeterminations, does the proposal follow the format in FAR 15.408, Table 15-2.III.C? |
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OTHER |
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31. |
FAR 16.4 |
If an incentive contract type, does the proposal include offeror proposed target cost, target profit or fee, share ratio, and, when applicable, minimum/maximum fee, ceiling price? |
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32. |
FAR 16.203-4 and FAR 15.408 Table 15-2, Section II, Paragraphs A, B, C, and D |
If Economic Price Adjustments are being proposed, does the proposal show the rationale and application for the economic price adjustment? |
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33. |
FAR 52.232-28 |
If the offeror is proposing
Performance-Based Payments |
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34. |
FAR 15.408(n) FAR 52.215-22 FAR 52.215-23 |
Excessive Pass-through Charges– Identification of Subcontract Effort: If the offeror intends to subcontract more than 70% of the total cost of work to be performed, does the proposal identify: (i) the amount of the offeror’s indirect costs and profit applicable to the work to be performed by the proposed subcontractor(s); and (ii) a description of the added value provided by the offeror as related to the work to be performed by the proposed subcontractor(s)? |
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(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
(DEC 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 Government liability.
(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
(DEC 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
(DEC 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 1816.406-70(a), insert the following clause:
AWARD FEE FOR SERVICE CONTRACTS
(APR 2012)
(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 [insert payment office] will make payment based on [Insert method of authorizing award fee payment, e.g., issuance of unilateral modification by contracting officer].
(d) The Contracting Officer may direct the withholding of earned award fee payment s until a reserve is set aside in an amount that the Contracting Officer considers necessary to protect the Government's interest relative to an orderly and timely closeout of the contract. This reserve shall not exceed 15 percent of the contract’s total potential award fee or $100,000, whichever is less.
(e) 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.
(f)(1) Provisional award fee payments [insert "will" or "will not", as applicable] be made under this contract pending the determination of the amount of fee earned for an evaluation period. If applicable, provisional award fee payments will be made to the Contractor on a [insert the frequency of provisional payments (not more often than monthly)] basis. The total amount of award fee available in an evaluation period that will be provisionally paid is the lesser of [Insert a percent not to exceed 80 percent] or the prior period's evaluation score.
(2) Provisional award fee payments will be superseded by the final award fee evaluation for that period. If provisional payments exceed the final evaluation score, 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) If 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 will notify the Contractor in writing if it is determined that such discontinuance or reduction is appropriate.
(4) Provisional award fee payments [insert "will" or "will not", as appropriate] be made prior to the first award fee determination by the Government.
(g) Award fee determinations are unilateral decisions made solely at the discretion of the Government.
* [A period of time greater or lesser than 6 months may be substituted in accordance with 1816.405-272(a).]
(End of clause)
1852.216-77 Award Fee for End Item Contracts.
As prescribed in 1816.406-70(b), insert the following clause:
AWARD FEE FOR END ITEM CONTRACTS
(AUG 2016)
(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 will 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) Base fee, if applicable, will be paid in [Insert "monthly", or less frequent period] installments based on the percent of completion of the work as determined by the Contracting Officer.
(2) Interim award fee payments will be made to the Contractor based on each interim evaluation. The amount of the interim award fee payment is limited to the lesser of the interim evaluation score or 80 percent of the fee allocated to that period less any provisional payments made during the period. All interim award fee payments will be superseded by the final award fee determination.
(3) Provisional award fee payments will [insert "not" if applicable] be made under this contract pending each interim evaluation. If applicable, provisional award fee 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 which will be provisionally paid in each evaluation period is limited to [Insert a percent not to exceed 80 percent] of the prior interim evaluation score (see [insert applicable cite]), except for the first evaluation period which is limited to [insert a percent not to exceed 80 percent] of the available award fee for that evaluation period. Provisional award fee payments made each evaluation period will be superseded by the interim award fee evaluation for that period. If provisional payments made exceed the interim evaluation score, 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. 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 prior interim evaluation is "poor/unsatisfactory," the Contracting Officer will direct the suspension or reduction of the future payments and/or request a prompt refund of excess payments as appropriate. Written notification of the determination will be provided to the Contractor with a copy to the Deputy Chief Financial Officer (Finance).
(4) All interim (and provisional, if applicable) 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 interim (and provisional, if applicable) fee payments. If the final award fee evaluation is "poor/unsatisfactory", any base fee paid will be refunded to the Government.
(5) Payment of base fee, if applicable, will be made based on submission of an invoice by the Contractor. Payment of award fee will be made by the [insert payment office] based on [Insert method of making award fee payment, e.g., issuance of a unilateral modification by the Contracting Officer].
(d) The Contracting Officer may direct the withholding of interim award fee payments until a reserve is set aside in an amount that the Contracting Officer considers necessary to protect the Government's interest relative to an orderly and timely closeout of the contract. This reserve shall not exceed 15 percent of the contracts total potential award fee or $100,000, whichever is less.
(e) Award fee determinations are unilateral decisions made solely at the discretion of the Government.
* [A period of time greater or lesser than 6 months may be substituted in accordance with 1816.405-272(a).]
1852.216-78 Firm Fixed Price.
As prescribed in 1816.202-70, insert the following clause:
FIRM FIXED PRICE
(DEC 1988)
The total firm fixed price of this contract is $[Insert the appropriate amount].
(End of clause)
1852.216-80 Task Ordering Procedure.
As prescribed in 1816.506-70, insert the following clause:
TASK ORDERING PROCEDURE
(OCT 1996)
(a) Only the Contracting Officer may issue task orders to the Contractor, providing specific authorization or direction to perform work within the scope of the contract and as specified in the schedule. The Contractor may incur costs under this contract in performance of task orders and task order modifications issued in accordance with this clause. No other costs are authorized unless otherwise specified in the contract or expressly authorized by the Contracting Officer.
(b) Prior to issuing a task order, the Contracting Officer shall provide the Contractor with the following data:
(1) A functional description of the work identifying the objectives or results desired from the contemplated task order.
(2) Proposed performance standards to be used as criteria for determining whether the work requirements have been met.
(3) A request for a task plan from the Contractor to include the technical approach, period of performance, appropriate cost information, and any other information required to determine the reasonableness of the Contractor's proposal.
(c) Within ____ calendar days after receipt of the Contracting Officer's request, the Contractor shall submit a task plan conforming to the request.
(d) After review and any necessary discussions, the Contracting Officer may issue a task order to the Contractor containing, as a minimum, the following:
(1) Date of the order.
(2) Contract number and order number.
(3) Functional description of the work identifying the objectives or results desired from the task order, including special instructions or other information necessary for performance of the task.
(4) Performance standards, and where appropriate, quality assurance standards.
(5) Maximum dollar amount authorized (cost and fee or price). This includes allocation of award fee among award fee periods, if applicable.
(6) Any other resources (travel, materials, equipment, facilities, etc.) authorized.
(7) Delivery/performance schedule including start and end dates.
(8) If contract funding is by individual task order, accounting and appropriation data.
(e) The Contractor shall provide acknowledgment of receipt to the Contracting Officer within ____ calendar days after receipt of the task order.
(f) If time constraints do not permit issuance of a fully defined task order in accordance with the procedures described in paragraphs (a) through (d), a task order which includes a ceiling price may be issued.
(g) The Contracting Officer may amend tasks in the same manner in which they were issued.
(h) In the event of a conflict between the requirements of the task order and the Contractor's approved task plan, the task order shall prevail.
(End of clause)
ALTERNATE I
(OCT 1996)
As prescribed in 1816.506-70, insert the following paragraph (i) if the contract does not include 533M reporting:
(i) Contractor shall submit monthly task order progress reports. As a minimum, the reports shall contain the following information:
(1) Contract number, task order number, and date of the order.
(2) Task ceiling price.
(3) Cost and hours incurred to date for each issued task.
(4) Costs and hours estimated to complete each issued task.
(5) Significant issues/problems associated with a task.
(6) Cost summary of the status of all tasks issued under the contract.
1852.216-81 Estimated Cost.
As prescribed in 1816.307-70(d), insert the following clause:
ESTIMATED COST
(DEC 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)
1852.216-83 Fixed Price Incentive.
As prescribed in 1816.406-70(c), insert the following clause:
FIXED PRICE INCENTIVE
(OCT 1996)
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 $ .]
The cost sharing for target cost underruns is:
Government ____percent Contractor ____percent.
The cost sharing for target cost overruns is:
Government ____percent Contractor ____percent.
(End of clause)
1852.216-84 Estimated Cost and Incentive Fee.
As prescribed in 1816.406-70(d), insert the following clause:
ESTIMATED COST AND INCENTIVE FEE
(OCT 1996)
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 $ .
The maximum fee is $____.
The minimum fee is $____.
The cost sharing for cost underruns is:
Government ____percent Contractor ____percent.
The cost sharing for cost overruns is:
Government ____percent Contractor ____percent.
(End of clause)
1852.216-85 Estimated Cost and Award Fee.
As prescribed in 1816.406-70(e), insert the following clause:
ESTIMATED COST AND AWARD FEE
(SEP 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
(SEP 1993)
As prescribed in 1816.406-70(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)
1852.216-87 Reserved.
1852.216-88 Performance Incentive.
As prescribed in 1816.406-70(f), insert the following clause:
PERFORMANCE INCENTIVE
(APR 2015)
(a) A performance incentive applies to the following item(s) under this contract: (1)
The performance incentive will measure the performance of those items against the salient 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 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:
(d) Negative incentive. The Contractor will pay to the Government a negative incentive amount for each 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 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) descriptor 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 1816.402-270(e)(1) and (2)).
(4) Insert all units of measurement and associated dollar amounts up to the maximum performance incentive.
(5) Insert the appropriate amount in accordance with 1816.402-270(e).
(6) Insert all units of measurement and associated dollar amounts up to the maximum negative performance incentive.
(End of clause)
1852.216-89 Assignment and Release Forms.
As prescribed in 1816.307-70(f), insert the following clause:
ASSIGNMENT AND RELEASE FORMS
(AUG 2016)
The Contractor shall use the following forms to fulfill the assignment and release requirements of FAR clause 52.216-7 , Allowable Cost and Payment:
NASA Form 778, Contractor’s Release;
NASA Form 779, Assignee’s Release;
NASA Form 780, Contractor’s Assignment of Refunds, Rebates, Credits, and Other Amounts; and
NASA Form 781, Assignee’s Assignment of Refunds, Rebates, Credits, and Other Amounts.
Computer generated forms are acceptable, provided that they comply with FAR clause 52.253-1 , Computer Generated Forms.
(End of clause)
1852.216-90 Allowability of legal costs incurred in connection with a whistleblower proceeding.
As prescribed in
1816.307-70(g), use the following clause:
ALLOWABILITY OF LEGAL COSTS INCURRED IN CONNECTION WITH A WHISTLEBLOWER PROCEEDING
(AUG 2014)
Pursuant to section 827 of the National Defense Authorization Act for Fiscal year 2013 (Pub. L. 112-239), notwithstanding FAR clause
52.216-7, Allowable Cost and Payment—
(1) The restrictions of FAR 31.205-47(b) on allowability of costs related to legal and other proceedings also apply to any proceeding brought by a contractor employee submitting a complaint under 10 U.S.C. 2409, entitled ``Contractor employees: protection from reprisal for disclosure of certain information;'' and
(2) Costs incurred in connection with a proceeding that is brought by a contractor employee submitting a complaint under 10 U.S.C. 2409 are also unallowable if the result is an order to take corrective action under 10 U.S.C. 2409.
(End of clause)