NASA FAR SUPPLEMENT CLAUSE GUIDANCE

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Please be aware that this database is updated periodically, whenever the federal regulations are changed.

CLAUSECL_TITLEDATEPRESCRIBEDREFERENCE
1852.203-70 Display of Inspector General Hotline Posters JUN 2001 1803.7001 in solicitations and contracts expected to exceed $5 mil.&performed in the U.S. FRS230
Comments:  Requires contractor to display hotline poster in common work areas.
 
1852.204-76 Security Requirements for Unclassified Information Technology Resources MAY 2007 1804.470-4(a) for solicitations & contracts which require physical/electronic access to NASA computers/IT;IT systems to generate/store data for NASA. FRS 163 (9/93), 225, 230 & 237.
Comments:  Requires contractor to submit plans for IT security requirements per NIST SP800-18 & FIPS 199; Acceptable if campus conducts own screening of campus personnel.
 
1852.206-881 Restrictions on Printing and Duplicating NOV 2004 1808.870 for NASA contracts requiring significant printing and/or reproduction FRS 163 (9/93)
Comments:  Authorizes the contractor to make up to 5,000 copies of one page or 25,000 total copies of reports produced under the contract. Duplicating beyond this, or any printing, must be approved and done in accordance with the Govt. Printing and Binding Regs.
 
1852.212-70 Notice of Delay DEC 1988 18-12.104-70(a) for NASA contracts where it is desirable to provide for contractor notice of anticipated delays None
Comments:  Requires the contractor to notify the Contracting Officer of any anticipated delay.
 
1852.213-70 Offeror Representations and Certifications-Other Than Commerical Items JUL 2004 1813.302-570 in simplified acquisitions exceeding the micro-purchase threshold that are for other than commercial items. FRS 237
Comments:  Lists reps/certs which identify type of offeror etc.Special attention must be paid to response to Alt.III/data delivered.
 
1852.213-71 Evaluation-Other Than Commerical Items JUN 2002 1813.302-507(b) in solicitations using simplified acquisition procedures for other an commerical items when selection will be based upon best value rather than low price. FAR 237
Comments:  Provides factors for evaluating offers.
 
1852.215-81 Proposal Page Limitations FEB 1998 1815.209-70(d) for all competitive NASA RFPs None
Comments:  Page limitations will be specified separately in each solicitation.
 
1852.215-84 Ombudsman NOV 2011 1815.7003 for all NASA solicitations and contracts None
Comments:  Identifies ombudsmen whom the contractor can call on to hear concerns, issues, disagreements.
 
1852.216-81 Estimated Cost DEC 1988 1816.307-70(d) for all term cost reimbursement type NASA contracts None
Comments:  Specifies total estimated cost for complete performance of the contract.
 
1852.216-89 Assignment and Release Forms JUL 1997 1816.307-70(f) for NASA contracts containing FAR 52.216-7 and FAR 52.216-13. None
Comments:  Only 52.216-7 applies. 52.216-13 applies only to contracts for facilities.
 
1852.217-71 Phased Acquistion Using Down-Selection Procedures 1817.7302(a) for NASA solicitations/contracts not using progressive competition FRS 211
Comments:  Allows NASA to solicit new contractors during a phased acquisition.
 
1852.217-72 Phased Acquisition Using Progressive Competition Down-Selection Procedures 1817.7302(b) for NASA solicitations/contracts using progressive competiton technique. FRS 211
Comments:  Allows NASA to use only initial phase contractors for all phases of acquisition.
 
1852.219-74 Use of Rural Area Small Businesses SEP 1990 18-19.7013 for domestic NASA contracts over $500,000 or that offer substantial subcontracting possibilities None
Comments:  Contractor must use best efforts to subcontract with small businesses located in rural areas.
 
1852.219-75 Small Business Subcontracting Reporting MAY 1999 1819.708-70(b) for NASA contracts containing FAR 52.219-9. FRS 188 (10/95) C&G Memo 90-8, Supp. 3 (9/13/95.
Comments:  Requires semiannual submission of SF 295.
 
1852.219-76 NASA 8 Percent Goal N.D. 18-19.7003 for all NASA contracts over the small purchase threshold None
Comments:  Contractor must assist NASA in achieving its goal of awarding 8% of total subcontract dollars to small businesses and small disadvantaged businesses (including minority institutions and historically black colleges and universities).
 
1852.223-70 Safety and Health APR 2002 1823.7001(a) for negotiated NASA contracts for work on Govt. property, alteration/construction over simplified threshold or when hazards/risk warrantee use. FRS 235
Comments:  Could be included at option of CO.
 
1852.223-72 Safety and Health (Short Form) APR 2002 1823.7001(e) for all solicitations/contracts exceeding the micro-purchase threshold that don't contain 1852.223-70. FRS 235
Comments:  Requires the Contractor to take all reasonable safety and occupational health measures and comply with State and federal laws.
 
1852.223-73 Safety and Health Plan NOV 2004 1823.7001 (c) for NASA contracts containing the clause at 1852.223-70. FRS 225
Comments:  Requires detailed safety and occupational health plan.
 
1852.223-74 Drug- and Alcohol-Free Workforce MAR 1996 1823.570-3 for contracts containing 1852.246-70, Mission Critical Space Systems Personnel Reliability Program, and NASA contracts over $5 million that involve employees in sensitive positions FRS 190
Comments:  Provides for mandatory drug and alcohol testing of employees having access to classified information and other sensitive positions.Not acceptable.
 
1852.223-75
Alternate: w/ ALT I Feb.2006
Major Breach of Safety or Security FEB 2002 1823.7001(d)(2) for NASA contracts over $500,000. FRS 233
Comments:  Requires reports of breaches include "illegal technology transfer…vandalism" > $250,000 or theft > $250,000.
 
1852.225-70 Export Licenses FEB 2000 1825.970-2 in all solicitations and contracts, except in contracts with foreign entities. FRS 222
Comments:  If satellite technology is involved, contact OP RAO for guidance. ALT. I used when technical data is to be exchanged with a NASA foreign partner.
 
1852.227-11 Patent Rights - Retention by the Contractor (Short Form) N.D. 1827.303-70(a) or NASA contracts containing FAR clause 52.227-11 (same title) None
Comments:  Adds requirements to FAR 52.227-11 regarding invention reporting and flowdown of NFS 1852.227-70 (New Technology) to commercial subcontractors. Most of the guidance in C&G Memo 84-21 Supp. 1 is still current.
 
1852.227-14 Rights in Data - General N.D. 1827.409(a) for NASA contracts containing FAR clause 52.227-14 (same title) except for contracts for research at universities C&G Memo 84-31 Supp. 1 (6/3/85) with respect to para. (d)(3) of NFS clause 1852.227-74
Comments:  Clause requires contractor to secure permission from NASA in order to copyright software, publish it, or release it to others. Clause is not applicable to research conducted by universities.
 
1852.227-70 New Technology MAY 2002 1827.303-70(b) for most domestic NASA R&D contracts with other than small businesses or nonprofit institutions FRS No. 212
Comments:  Not applicable to the University. Clause is similar to pre-Bayh-Dole rule giving government title to invention (unless the government waived its rights) and license to the contractor.
 
1852.227-71 Requests of Waiver for Rights to Inventions APR 1984 1827.303-70(c) for NASA contracts that contain NFS clause 1852.227-70 (New Technology) None
Comments:  Not applicable to the University. This clause outlines the procedure for requesting the waiver discussed in comment to clause 1852.227-70.
 
1852.227-72 Designation of New Technology Representative and Patent Representative N.D. 1827.303-70(d) for NASA contracts containing either FAR clause 52.227-11 or NFS clause 1852.227-70 None
Comments:  Used only when the clause at 1852.227-11 or 1852.227-70 is a part of the contract. Clause specifies who is to receive invention reports and other correspondence relating to intellectual property produced under the contract.
 
1852.227-84 Patent Rights Clauses DEC 1989 1827.303-70(e) for domestic NASA R&D contracts that may be awarded to small businesses or nonprofit organizations None
Comments:  This clause ensures that 1852.227-70 is not applicable to a contract awarded to the University.
 
1852.227-86 Commercial Computer Software - Licensing DEC 1987 1827.409-70 or NASA contracts involving the acquisition of existing computer software (in lieu of FAR 52.227-19) None
Comments:  Applies if contractor has developed software for commercial sale and will then be delivering it to the Government. Clause ensures that Government will have the right to use the software for Government purposes.
 
1852.228-72 Cross-Waiver of Liability for Space Shuttle Services SEP 1993 1828.371(b) for NASA contracts over $100,000 involving Space Shuttle payloads, or at 1828.371(e) for contracts under $100,000 at the C.O.'s discretion. None
Comments:  Parties working on a shuttle launch project agree not to sue each other for damages to their property or employees while working on the project
 
1852.228-75 Minimum Insurance Coverage OCT 1988 1828.372 for fixed-price NASA contracts performed at government installations & cost-rebursement contracts FAR 28.306(b)
Comments:  Since the University is self-insured, this clause is inappropriate. It would also require the University to waive its rights of subrogation against US,which is unacceptable.Clause optional and shouldn't be accepted,but can be if needed.See memo 99-02.
 
1852.228-76 Cross-Waiver of Liability for Space Station Activities DEC 1994 1828.371(d) for most NASA contracts over $100,000 involving space station services, or at 1828.371(e) for contracts under $100,000 at the C.O.'s discretion. None
Comments:  See 1852.228-72
 
1852.228-78 Cross-Waiver of Liability for NASA Expendable Launch Vehicle (ELV) Launches SEP 1993 1828.371(c) for most NASA contracts over $100,000 involving ELV launch services, or at 1828.371(e) for contracts under $100,000 at the C.O.'s discretion. None
Comments:  See 1852.228-72
 
1852.228-80 Insurance--Immunity form Tort Liability SEP 2000 1828.311-270(b) in solicitations for research and development when a cost-reimbursement contract is contemplated. FRS 226
Comments:  The University is partially immune from tort liability under State law.
 
1852.228-81 Insurance--Partial Immunity from Tort Liability SEP 2000 1828.3110270(c ) when the successful offeror represents in its offer that it is partially immune from tort liability. Used with FAR 52.228-7 FRS 226
Comments:  The University is partially immune from tort liability under State law.
 
1852.231-71 Determination of Compensation Reasonableness MAR 1994 1831.205-671 for most NASA service contracts over $500,000 None
Comments:  Not applicable to research
 
1852.232-81 Contract Funding JUN 1990 1832.705-270(b) for NASA contracts containing FAR clause 52.232-22 (Limitation of Funds) None
Comments:  Allows the Contracting Officer to specify a dollar amount allotted, and the estimated period of performance, for the contract.
 
1852.235-70 Center for Aerospace Information FEB 2003 1835.070(a) for all NASA R&D contracts, interagency agreements, and in cost-reimbursement supply contracts involving R & D work None
Comments:  Advises contractor of services provided by Center for AeroSpace Information (CASI).
 
1852.235-71 Key Personnel and Facilities MAR 1989 1835.070(b) for NASA contracts awarded on the basis that the contractor has special capabilities as represented by key personnel & facilities. None
Comments:  Identifies key personnel and requires NASA approval to remove, replace or divert any of the listed people.
 
1852.235-72 Instructions for Responding to NASA Research Announcements DEC 2005 1835.070(c) for all NASA research announcements. None
Comments:  Provides instructions for responding to a NASA Research Announcement.
 
1852.235-73
Alternate: [w/ Alt I fund.res.w/no prior rev.]
Final Scientific and Technical Reports JAN 2005 1835.070(d) for all NASA R&D contracts & cost-reimbursement supply contracts involving R&D FRS 240
Comments:  Instructions for final report format and submission.Restricts its release until DAA review.Contractor may publish data&other reports.Alt.I allows publication w/no review. Alt.II not accceptable.
 
1852.235-74 Additional Reports of Work - Research and Development FEB 2003 1835.070(e) for all NASA R&D contracts & cost-reimbursement supply contracts involving R&D when periodic reports are required. FRS 240
Comments:  Requires periodic reports such as monthly/quarterly or on completion of units of work for monitoring.
 
1852.237-71 Pension Portability JAN 1997 1837.110-70(b) for NASA service contracts when the Contracting Officer determines that pension portability is in the government's best interest FRS 177
Comments:  This clause applies only to service contracts and should not be accepted.
 
1852.237-72 Access to Sensitive Information JUN 2005 1837.203-72(a) in all contracts for services that may require access to sensitive information of companies or Government None
Comments:  If Contractor has access to sensitive information as defined in performing contract services for NASA
 
1852.237-73 Release of Sensitive Information JUN 2005 1837.203-72(b) in all NASA contracts None
Comments:  Contractor identifies any senstive information provided to NASA as defined.NASA and its service providers must follow safeguards.
 
1852.242-70 Technical Direction SEP 1993 1842.7001 for NASA contracts where technical direction is appropriate None
Comments:  Clause is not authorized for use in contracts with educational institutions.
 
1852.242-71 Travel Outside of the United States DEC 1988 1842.7002 for NASA contracts under which contractor personnel may travel outside the U.S. None
Comments:  Use of the clause is authorized when it is appropriate to require Government approval of the travel.
 
1852.242-73 NASA Contractor Financial Management Reporting NOV 2004 1842.7202 for NASA contracts over $500,000 that require submission of any of the NASA Form 533 series of reports (excluding Form 533P) None
Comments:  Requires financial reporting to be done on Form 533 and refers to contract schedule for specification of reporting categories and frequency of reporting.
 
1852.242-78 Emergency Medical Services and Evacuation APR 2001 1842.7003 for all solicitations & contracts when contractor employees are required to travel outside the US. States or to remote locations in the United States. FRS230
Comments:  Requires Contractor to pay for emergency medical services and evauation.
 
1852.243-70
Alternate: [with Alt I and/or II]
Engineering Change Proposals OCT 2001 1843.205-70(a) when impact evaluation information is required for a NASA contract See DFARS 252.243-7000
Comments:  Either party may initiate engineering change proposals. Alt I is used to stop the contractor from asking for small changes. Alt II is used in cost reimbursement contracts. Local form may be substituted for MIL-STD form used to prepare proposal.
 
1852.244-70 Geographic Participation in the Aerospace Program APR 1985 1844.170 for all NASA R&D contracts over $500,000 None
Comments:  Contractor will use best efforts to seek subcontractors from all geographic regions.
 
1852.245-70 Contractor Requests for Government-Provided Equipment JAN 2011 1845.107-70(a)(1) for all NASA cost reimbursement solicitations and contracts. None
Comments:  Requires govt. prior approval to purchase equipment; includes steps for requesting govt. equip.
 
1852.245-71 Installation-Accountable Government Property JAN 2011 1845.107-70(b)(1) in solicitations & contracts where Govt. property is to be made available to contractor working at NASA installation. None
Comments:  Contractor must comply with all NASA property requirements.
 
1852.245-73 Financial Reporting of NASA Property in the Custody of Contractors JAN 2011 1845.106-70(d) for cost reimbursement solicitations & contracts unless all property is subject to 1852.245-71. None
Comments:  Sets forth NASA property reporting requirements
 
1852.245-74 Identification and Marking of Government Equipment JAN 2011 1845.107-70(e) in solicitations & contracts that include FAR 52.245-1 or require delivery of supplies None
Comments:  Requirements for identifying and marking all equipment to be delivered to NASA.
 
1852.245-75 Property Management Changes JAN 2011 1845.107-70(f)in solicitations & contracts that provide for progress payments or include any of the clauses prescribed in FAR part 45. None
Comments:  Report any changes to standards & practices in Contractor control of Govt. property.
 
1852.245-76 List of Government Property Furnished Pursuant to FAR 52.245-1 JAN 2011 1845.107-70(g) in solicitations & contracts where contractor is accountable under contract for Govt. property None
Comments:  Identifies Govt. property under the contract.
 
1852.245-78 Physical Inventory of Capital Personal Property JAN 2011 1845.107-70(i) in cost-reimbursement and fixed-price solicitations and contract that provide Govt. property. None
Comments:  Contractor shall conduct annual physical inventory for property exceeding $100,000 acquisition costs.
 
1852.245-79 Records and Disposition Reports for Government Property with Potential Historic or Significant Real Value JAN 2011 1845.107-70(j) in solicitations and contracts where qcquired items may have historic significance or increased value None
Comments:  Contractor records shall identify mission use of items; associate with space flights; etc.
 
1852.245-80 Government Property Management Information JAN 2011 1845.107-70(k) in solicitations where Govt. property will be provided to the Contractor. None
Comments:  Offeror shall identify practices that it employs for management of Govt. property; last date of system audit etc.
 
1852.245-81 List of Available Government Property JAN 2011 1845.107-70(l) in solicitations when Govt. property will be made available for contract performance. None
Comments:  NASA lists Govt. property it will make available to Contractor.
 
1852.245-82 Occupancy Management Requirements JAN 2011 1845.107-70(m) in solicitations and contracts that rquire performance on NASA facilities. None
Comments:  List of NASA requirements for work performed on NASA property.
 
1852.246-70 Mission Critical Space System Personnel Reliability Program MAR 1997 1846.370(a) in solicitations and contracts involving critical positions designated in accordance with 14 CFR 1214.5, Mission Critical Space System Personnel Reliability Program.  
Comments:  Requires background investigations of employees identified as mission-critical,ie,NASA Headquarters&field installation personnel.