Contract NAS 9-20000
SECTION G
CONTRACT ADMINISTRATION DATA
G.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE
The following clauses are hereby incorporated by reference:
52.215-33 Order of Precedence (JAN 1986)
1852.227-72 Designation of New Technology Representative and Patent Representative (APR 1984); in paragraph (a) add: NASA Lyndon B. Johnson Space Center, HA/TechnologyTransfer and Commercialization Office, Houston, TX 77058; and HA/Patent (same address)
1852.245-70 Acquisition of Centrally Reportable Equipment (MAR 1989)
G.2 SUBMISSION OF VOUCHERS FOR PAYMENT (MARCH 1998)
(a) The designated billing office for cost vouchers for purposes of the Prompt Payment clause of this contract is indicated below.
NASA, Lyndon B. Johnson Space Center
LF231/Financial Services Branch (Payables Group)
Houston, TX 77058
Public vouchers for payment of costs shall include a reference to the number of this contract.
(b) (1) If the contractor is authorized to submit interim cost vouchers directly to the NASA paying office, the original voucher should be submitted to:
NASA, Lyndon B. Johnson Space Center
LF231/Financial Services Branch (Payables Group)
Houston, TX 77058
(2) For any period that the Defense Contract Audit Agency has authorized the Contractor to submit interim cost vouchers directly to the Government paying office, interim vouchers are not required to be sent to the Auditor, and are considered to be provisionally approved for payment, subject to final audit.
(3) Copies of vouchers should be submitted as directed by the Contracting Officer.
(c) If the contractor is not authorized to submit interim cost vouchers directly to the paying office as described in paragraph (b), the contractor shall prepare and submit vouchers as follows:
(1) One original Standard Form (SF) 1034, SF 1035, or equivalent Contractor’s attachment to:
N/A
(2) Five copies of SF 1034, SF 1035A, or equivalent Contractor’s attachment to the following offices by insertion in the memorandum block of their names and addresses:
(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.
(3) The Contracting Officer may designate other recipients as required.
(d) Public vouchers for payment of fee shall be prepared similarly to the procedures in paragraphs (b)or (c) of this clause, whichever is applicable, and be forwarded to:
NASA, Lyndon B. Johnson Space Center
BV/Space Shuttle Procurement Office
Houston, TX 77058
This is the designated billing office for fee vouchers for purposes of the Prompt Payment clause of this contract.
(e) 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.
G.2
SUBMISSION OF VOUCHERS FOR PAYMENT (1852.216-87) DEC 1988)
(a) Public vouchers for payment of costs and fee shall include a reference to this contract and be forwarded to:
(1) For approval:
(i) Cost Vouchers, forwarded not more often than once every two (2) weeks:
NASA Lyndon B. Johnson Space Center
LF2/Commercial Accounts Group
Houston, Texas 77058
(ii) Operations Award Fee, Upgrades Award Fee, and Target
Incentive Fee Vouchers, forwarded not more often than once a
Month.
NASA Lyndon B. Johnson Space Center
BV2/Space Shuttle Business Management Office
Houston, Texas 77058
(iii) Copy of cost voucher, forwarded:
Defense Contract Audit Agency (DCAA)
Houston Branch Office
8876 Gulf Freeway, Suite 500
Houston, Texas 77017-6544
(2) For payment:
NASA Lyndon B. Johnson Space Center
LF2/Commercial Accounts Group
Houston, Texas 77058
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 and four copies of Standard Form (SF) 1034, SF 1035, or equivalent Contractor’s attachment shall be delivered to the Contracting Officer.
(c) 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.
G.3 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (52.222-42) (MAY 1989)
In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 USC 5341 or 5332.
THIS STATEMENT IS FOR INFORMATION ONLY:
IT IS NOT A WAGE DETERMINATION
Employee Class Monetary Wage - Fringe Benefits
--- See Attachment J-7 ---
G.4 PENSION PORTABILITY
(a) In order for pension costs attributable to employees assigned to this contract to be allowable costs under this contract, the plans covering such employees must:
(1) Comply with all applicable Government laws and regulations;
(2) Be a defined contribution plan, existing defined benefit plan, or a multiparty defined benefit plan operated under a collective bargaining agreement. In either case, the plan must be portable, i.e., the plan follows the employee, not the employer;
(3) Provide for 100 percent employee vesting at the earlier of one year of continuous employee service or contract termination. This requirement does not apply to existing defined benefit plans; and
(4) Not be modified, terminated, or a new plan adopted without the prior written approval of the cognizant NASA Contracting Officer.
(b) The Contractor shall include paragraph (a) of this clause in all subcontracts for continuing services under a service contract where (1) the prime contract requires pension portability, (2) the subcontracted labor dollars (excluding any burdens or profit/fee) exceed $2,500,000 and ten percent of the total prime contract labor dollars (excluding any burdens or profit/fee), and (3) the conditions at
NFS 1837.170 are satisfied.
G.5 TECHNICAL DIRECTION
(a) Performance of the work under this contract is subject to the written technical direction of a Contracting Officer's Technical Representative (COTR), who shall be specifically appointed by the Contracting Officer in writing in accordance with NFS 1842.270. "Technical direction" means a directive to the Contractor that approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instruction to the Contractor. Technical direction includes requiring studies and pursuit of certain lines of inquiry regarding matters within the general tasks and requirements in Section J-1 of this contract.
(b) The COTR does not have the authority to, and shall not, issue any instruction purporting to be technical direction that --
(1) Constitutes an assignment of additional work outside the statement of work;
(2) Constitutes a change as defined in the Changes clause;
(3) Constitutes a basis for any increase or decrease in the total estimated contract cost, the fixed fee (if any), or the time required for contract performance;
(4) Changes any of the expressed terms, conditions, or specifications of the contract; or
(5) Interferes with the Contractor's rights to perform the terms and conditions of the contract.
(c) All technical direction shall be issued in writing by the COTR.
(d) The Contractor shall proceed promptly with the performance of technical direction duly issued by the COTR in the manner prescribed by this clause and within the COTR's authority. If, in the Contractor's opinion, any instruction or direction by the COTR falls within any of the categories defined in paragraph (b) above, the Contractor shall not proceed but shall notify the Contracting Officer in writing within 15 calendar days after receiving it and shall request the Contracting Officer to take action as described in this clause. Upon receiving this notification, the Contracting Officer shall either issue an appropriate contract modification within a reasonable time or advise the Contractor in writing within 30 days that the instruction or direction is --
(1) Rescinded in its entirety; or
(2) Within the requirements of the contract and does not constitute a change under the Changes clause of the contract, and that the Contractor should proceed promptly with its performance.
(e) A failure of the Contractor and Contracting Officer to agree that the instruction or direction is both within the requirements of the contract and does not constitute a change under the Changes clause, or a failure to agree upon the contract action to be taken with respect to the instruction or direction, shall be subject to the Disputes clause of this contract.
(f) Any action(s) taken by the Contractor in response to any direction given by any person other than the Contracting Officer or the COTR shall be at the Contractor's risk.
G.6 ADVANCE AGREEMENT ON CONTRACT TRANSITION AND TREATMENT OF CERTAIN COST ITEMS
a. Preamble
The Government has elected, pursuant to the Preamble of this contract NAS 9-20000 and as contemplated by Article H-21, Right of Assignment, of contract NAS 8-36300, to transition the effort performed under NAS 8-36300 to this contract. The effort performed under contract NAS 8-36300 will be performed, subsequent to its transition, by USBI as a subcontract under this contract for the period July 1, 1998, through September 30, 1999, after which latter date the effort may be assumed by the contractor. The Government’s overall intent of this transition is that effort currently performed under contract NAS 8-36300 be continued essentially unchanged, except for programmatic/technical changes as may be directed by the Government, throughout the transition process. The Government’s further intent is that substantive aspects of the negotiated price arrangement of contract NAS 8-36300 not be significantly affected by this transition. Accordingly, certain determinations will be made herein regarding establishment of contract value and treatment of cost items for work begun under contract NAS 8-36300 and continued under this contract. This method of transition of the SRB effort is consistent with the contractor’s Make or Buy determination and shall not be construed as a directed subcontract under the SFOC contract.
b. Establishment of Contract Value
1. The Government has determined that the estimated cost of the work contemplated by contract NAS 8-36300 will remain unchanged by the transition process and will be split between NAS 8-36300 and the subcontract under this contract. Accordingly, the Government will determine the estimated cost of the subcontract, which will be the difference between the estimated cost of NAS 8-36300 as it exists immediately prior to transition to this contract and the actual costs incurred by USBI prior to the subcontract effective date of July 1, 1998.
2. The Government has determined that the target cost of the work contemplated by contract NAS 8-36300 will remain unchanged by the transition process and will be allotted in its entirety to the subcontract under this contract. Accordingly, the target cost of the subcontract under this contract will be the target cost of NAS 8-36300 as it exists immediately prior to transition to this contract.
3. The Government has determined that the award fee available under contract NAS 8-36300 will remain unchanged by the transition process and will be allocated between NAS 8-36300 and the subcontract under this contract. Accordingly, the amount of award fee available under the subcontract under this contract will be the difference between the total available award fee under NAS 8-36300 as it exists immediately prior to transition and the amount made available to be earned under that contract through the adjusted completion date of June 30, 1998.
4. The Government has determined that the performance fee available under contract NAS 8-36300 will remain unchanged by the transition process and will be allocated between contract NAS 8-36300 and the subcontract under this contract. Accordingly, the amount of performance fee available under the subcontract under this contract will be the difference between the total performance fee available under NAS 8-36300 and the amount of performance fee agreed to be available for performance of NAS 8-36300 through the adjusted completion date of June 30, 1998.
5. The Government has determined that the cost incentive fee available under contract NAS 8-36300 will remain unchanged by the transition process and will be allocated in its entirety to the subcontract under this contract. Accordingly, the subcontract under this contract will reflect the minimum, target, and maximum cost incentive fee amounts existing in this contract immediately prior to execution of the modification which adjusts the completion date to June 30, 1998.
i) The sharing and other provisions of the incentive fee arrangement set forth in Clause B.4 of contract NAS 8-36300 shall be incorporated in the subcontract under this contract.
ii) For purposes of determination of earned incentive fee under the subcontract, the subcontractor’s incurred costs shall be the sum of allowable costs incurred under contract NAS 8-36300 through its adjusted completion date of June 30, 1998, as determined by the Government after settlement of final indirect rates, and costs incurred under the subcontract under this contract.
iii) The payment of earned incentive fee as finally determined under the subcontract under this contract shall be the difference between the earned incentive fee as determined under the subcontract less provisional payments previously made under NAS 8-36300.
iv) In the event the total amount of incentive fee provisionally paid to the USBI under NAS 8-36300 and the subcontract under this contract exceeds the amount finally determined to have been earned by USBI, the difference will be reimbursed by the contractor to the Government, with interest pursuant to U.S. Treasury rates, in a manner prescribed by the contracting officer.
6. The Government recognizes that the foregoing methodology of establishing the subcontract value will result in a total subcontract fee amount that appears to exceed the regulatory limit. However, taking the NAS 8-36300 contract value into account is necessary to establish the proper relationship to the regulatory limit.
c. Allowability and Allocability of Transition Costs
Reasonable costs incurred by the subcontractor on or after the effective date of the subcontract to facilitate and effect the transition of work from contract NAS 8-36300 to the subcontract under this contract shall be allocated to the subcontract.
i) This provision does not make a determination as to the allowability of transition costs. However, the Government recognizes that transition costs incurred to effect the transition of work from NAS 8-36300 to the subcontract under this contract, or to effect transition of work from the subcontract to the core (“make”) work under this contract, are not considered to be organization costs within the meaning of FAR Part 31.