SpaceX Commercial Crew Transportation Capability Contract

SpaceX Commercial Crew Transportation Capability Contract (CCtCap)

NNK14MA74C

Attachment J-01 - Integrated Crew Transportation System (CTS) Requirements

Attachment J-03 - Performance Work Statement (PWS)

Attachment J-03, Appendix A - Milestone, Acceptance Criteria and Payment Schedule

Modification 01 to Attachment J-03, Appendix A

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TABLE OF CONTENTS

Contents

MODEL CONTRACT ................................................................................................................................. 1

SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS................................................. 9

B.1 NFS 1852.216-78 FIRM FIXED PRICE (DEC 1988)................................................................. 9

B.2 SUPPLIES AND/OR SERVICES TO BE PROVIDED / ITEMS ISSUED ................................. 9

Table B.2 Services To Be Provided.......................................................................................................................9

B.3 DESIGN, DEVELOPMENT, TEST AND EVALUATION (DDTE)/CERTIFICATION (CORE CONTRACT)(CLIN 001)

Table B.3 DDTE/Certification SubCLINs (CLIN 001) .......................................................................................10

B.4 POST CERTIFICATION MISSIONS (IDIQ) (CLIN 002)........................................................ 10

Table B.4.1 Post Certification Mission Prices (CLIN 002) ................................................................................11

Table B.4.2 Post Certification Mission Task Order List (CLIN 002) .................................................................11

B.5 SPECIAL STUDIES SERVICES (IDIQ) (CLIN 003)............................................................... 11

Table B.5.1 Special Studies Labor Rates ............................................................................................................12

Table B.5.2 Special Studies Task Order List (CLIN 003) ...................................................................................12

SECTION C. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK ...................... 13

C.1 SPECIFICATION/STATEMENT OF WORK ........................................................................... 13

SECTION D. PACKAGING AND MARKING................................................................................. 14

D.1 CLAUSES INCORPORATED BY REFERENCE -- SECTION D ........................................... 14

NFS 1852.211-70 PACKAGING, HANDLING, AND TRANSPORTATION. (SEP 2005)..............................14

D.2 NFS 1852.245-74 IDENTIFICATION AND MARKING OFGOVERNMENT EQUIPMENT (JAN

2011) 14

SECTION E. INSPECTION AND ACCEPTANCE ........................................................................ 16

E.1 CLAUSES INCORPORATED BY REFERENCE -- SECTION E............................................ 16

NFS 1852.246-73 HUMAN SPACE FLIGHT ITEM (MAR 1997)..................................................................16

E.2 52.246-4 INSPECTION OF SERVICES AND RESEARCH AND DEVELOPMENT WORK -

FIXED-PRICE (AUG 1996) (DEVIATION)............................................................................................... 16

SECTION F. DELIVERIES OR PERFORMANCE........................................................................ 18

F.1 CLAUSES INCORPORATED BY REFERENCE -- SECTION F............................................ 18

52.242-15 STOP-WORK ORDER. (AUG 1989)...............................................................................................18

52.242-17 GOVERNMENT DELAY OF WORK. (APR 1984)..........................................................................18

F.2 DELIVERY AND/OR COMPLETION SCHEDULE............................................................... 18

F.3 PLACE OF PERFORMANCE .................................................................................................. 18

SECTION G. CONTRACT ADMINISTRATION DATA .............................................................. 19

G.1 CLAUSES INCORPORATED BY REFERENCE --SECTION G............................................. 19

NFS 1852.227-70 NEW TECHNOLOGY. (MAY 2002)....................................................................................19

G.2 NFS 1852.227-72 DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE AND PATENT

REPRESENTATIVE. (JUL 1997) ........................................................................................................... 19

G.3 APPOINTMENT OF CONTRACTING OFFICER REPRESENTATIVE................................. 19

G.4 NFS 1852.245-73 FINANCIAL REPORTING OF NASA PROPERTY IN THE CUSTODY OF

CONTRACTORS. (JAN 2011)................................................................................................................ 21

G.5 NFS 1852.245-75 PROPERTY MANAGEMENT CHANGES. (JAN 2011)............................ 22

G.6 NFS 1852.245-76 LIST OF GOVERNMENT PROPERTY FURNISHED PURSUANT TO FAR 52.245-1.

(JAN 2011)............................................................................................................................................... 22

G.7 NFS 1852.245-78 PHYSICAL INVENTORY OF CAPITAL PERSONAL PROPERTY. (JAN 2011)

G.8 SUBMISSION OF INVOICES FOR PAYMENT ...................................................................... 25

G.9 REQUIREMENTS FOR DATA OTHER THAN CERTIFIED COST OR PRICING DATA .... 25

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SECTION H. SPECIAL CONTRACT REQUIREMENTS............................................................ 27

H.1 CLAUSES INCORPORATED BY REFERENCE --SECTION H............................................. 27

NFS 1852.223-75 MAJOR BREACH OF SAFETY OR SECURITY. (FEB 2002).............................................27

NFS 1852.225-70 EXPORT LICENSES. (FEB 2000) -- ALTERNATE I (FEB 2000) ......................................27

NFS 1852.244-70 GEOGRAPHIC PARTICIPATION IN THE AEROSPACE PROGRAM. (APR 1985) ...........27

NFS 1852.246-70 MISSION CRITICAL SPACE SYSTEM PERSONNEL RELIABILITY PROGRAM. (MAR

1997) 27

H.2 NFS 1852.216-80 TASK ORDERING PROCEDURE. (OCT 1996) (DEVIATION) .................... 27

H.3 NFS 1852.223-72 SAFETY AND HEALTH (SHORT FORM). (APR 2002)............................. 29

H.4 NFS 1852.232-77 LIMITATION OF FUNDS (FIXED- PRICE CONTRACT). (MAR 1989) . 29

H.5 NFS 1852.228-76 CROSS-WAIVER OF LIABILITY FOR INTERNATIONAL SPACE STATION

ACTIVITIES. (OCT 2012) (DEVIATION) ................................................................................................. 31

H.6 NFS 1852.223-74 DRUG- AND ALCOHOL-FREE WORKFORCE (MARCH 1996).............. 36

H.7 SPECIAL STUDIES TASK ORDERING PROCEDURES (APPLICABLE TO CLIN 003 ONLY)

H.8 POST CERTIFICATION MISSION TASK ORDERING PROCEDURES (APPLICABLE TO CLIN 002)

H.9 REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFEROR... 40

H.10 [RESERVED]............................................................................................................................. 40

H.11 UNITED STATES COMMERCIAL PROVIDER AND DOMESTIC SOURCE CRITERIA.... 40

H.12 GOVERNMENT FURNISHED SERVICES AND DATA ........................................................ 41

H.13 REMOTELY SENSED DATA................................................................................................... 42

H.14 USE OF GOVERNMENT PROPERTY, FACILITIES, ASSETS, OR SERVICES ................... 42

H.15 GOVERNMENT INSIGHT........................................................................................................ 44

H.16 NEW ENTRANT........................................................................................................................ 47

H.17 PUBLIC AFFAIRS..................................................................................................................... 47

H.18 LICENSES, PERMITS,AND OTHERAUTHORIZATIONS FOR A LAUNCH OR REENTRY SERVICE

OPERATOR............................................................................................................................................. 48

H.19 POST CERTIFICATION MISSION PAYMENTS, MILESTONES AND AUTHORITY TO PROCEED

(ATP) CRITERIA .................................................................................................................................... 49

Table H.19.1: ATP Criteria ................................................................................................................................49

Table H.19.2: Mission Milestone Review Payment Schedule .............................................................................50

H.20 ADJUSTMENTS TO POST CERTIFICATION MISSION SCHEDULE.................................. 51

Table H.20.1: Launch Windows for PCM ATP Prior to ISS DCR*....................................................................52

Table H.20.2: Launch Windows for PCM ATP After ISS DCR* ........................................................................52

H.21 POST CERTIFICATION MISSION SUCCESS DETERMINATION....................................... 54

H.22 LIABILITY FOR THIRD PARTY CLAIMS ............................................................................. 56

H.23 NON-NASA PASSENGERS, CARGO AND PAYLOADS....................................................... 60

H.24 STATEMENT ON WAIVER OF RIGHTS TO INVENTIONS ................................................. 63

H.25 SAE AS9100............................................................................................................................... 63

H.26 MISHAP REPORTING.............................................................................................................. 64

H.27 GOVERNMENT-INDUSTRY DATA EXCHANGE PROGRAM (GIDEP)............................. 66

H.28 ENVIRONMENTAL COMPLIANCE AND NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)

DOCUMENTATION............................................................................................................................... 67

H.29 ANOMALY INVESTIGATION AND CORRECTIVE ACTION ............................................. 67

H.30 HAZARDOUS OPERATIONS.................................................................................................. 68

H.31 INTERIM PERFORMANCE-BASED MILESTONE PAYMENTS (APPLICABLE TO CLIN 001)

H.32 SUBCONTRACTING WITH RUSSIAN ENTITIES FOR GOODS OR SERVICES................ 69

SECTION I. CONTRACT CLAUSES ................................................................................................ 73

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998).................................. 73

I.2 CLAUSES INCORPORATED BY REFERENCE -- SECTION I............................................. 73

52.202-1 DEFINITIONS. (JUL 2012) ........................................................................................................73

52.203-3 GRATUITIES. (APR 1984)..........................................................................................................73

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52.203-5 COVENANT AGAINST CONTINGENT FEES. (APR 1984).......................................................73

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT. (SEP 2006)........73

52.203-7 ANTI-KICKBACK PROCEDURES. (OCT 2010)........................................................................73

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY. (JAN 1997).......................................................................................................................................73

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY. (JAN 1997).........73

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS. (OCT

2010) 73

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT. (APR 2010) ........................74

52.203-14 DISPLAY OF HOTLINE POSTER(S). (DEC 2007)......................................................................74

52.204-2 SECURITY REQUIREMENTS. (AUG 1996)...............................................................................74

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER.

(MAY 2011) 74

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL. (JAN 2011)........74

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS.

(JUL 2013) 74

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)......................................74

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT. (AUG 2013)................74

52.210-1 MARKET RESEARCH. (APR 2011)..........................................................................................74

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS. (APR 2008)..............................74

52.215-2 AUDIT AND RECORDS - NEGOTIATION. (OCT 2010)...........................................................74

52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA –

MODIFICATIONS. (AUG 2011) ........................................................................................................................74

52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA – MODIFICATIONS. (OCT 2010)

52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT. (OCT 1997).......................74

52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999) ........................................................................74

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS. (JAN 2011)....................................................................................................................................74

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. (JUL 2013)..............................................75

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN. (Deviation per PIC 13-06

(www.hq.nasa.gov/office/procurement/regs/pic.html)) – ALTERNATE II (OCT 2001)......................................75

52.219-16 LIQUIDATED DAMAGES - SUBCONTRACTING PLAN. (JAN 1999) .......................................75

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION. (JUL 2013) .............75

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES. (FEB 1997) .................................75

52.222-3 CONVICT LABOR. (JUN 2003)..................................................................................................75

52.222-21 PROHIBITION OF SEGREGATED FACILITIES. (FEB 1999) ...................................................75

52.222-26 EQUAL OPPORTUNITY. (MAR 2007) ........................................................................................75

52.222-35 EQUAL OPPORTUNITY FOR VETERANS. (SEP 2010).............................................................75

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES. (OCT 2010)..........................75

52.222-37 EMPLOYMENT REPORTS ON VETERANS. (SEP 2010)............................................................75

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT.

(DEC 2010) 75

52.222-50 COMBATING TRAFFICKING IN PERSONS. (FEB 2009)........................................................75

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION. (AUG 2013) ....................................................75

52.223-6 DRUG-FREE WORKPLACE. (MAY 2001).................................................................................75

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING.

(AUG 2011) 75

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (JUN 2008).......................................75

52.227-1 AUTHORIZATION AND CONSENT. (DEC 2007).......................................................................75

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT.

(DEC 2007) 76

52.227-3 PATENT INDEMNITY. (APR 1984)............................................................................................76

52.227-16 ADDITIONAL DATA REQUIREMENTS. (JUN 1987) .................................................................76

52.229-3 FEDERAL, STATE, AND LOCAL TAXES. (FEB 2013)..............................................................76

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52.232-1 PAYMENTS. (APR 1984) (Applicable to CLIN 002 and any appropriate task orders per CLIN

003) 76

52.232-2 PAYMENTS UNDER FIXED-PRICE RESEARCH AND DEVELOPMENT CONTRACTS. (APR

1984) (Applicable to CLIN 001 and any appropriate task orders per CLIN 003)..............................................76

52.232-8 DISCOUNTS FOR PROMPT PAYMENT. (FEB 2002)...............................................................76

52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS. (APR 1984)..............................................76

52.232-11 EXTRAS. (APR 1984)....................................................................................................................76

52.232-17 INTEREST. (OCT 2010) .............................................................................................................76

52.232-18 AVAILABILITY OF FUNDS. (APR 1984).....................................................................................76

52.232-23 ASSIGNMENT OF CLAIMS. (JAN 1986).....................................................................................76

52.232-25 PROMPT PAYMENT. (JUL 2013)................................................................................................76

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD MANAGEMENT.

(JUL 2013) 76

52.233-1 DISPUTES. (JUL 2002) - ALTERNATE I (DEC 1991)...............................................................76

52.233-3 PROTEST AFTER AWARD. (AUG 1996) ...................................................................................76

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004)...............................76

52.242-13 BANKRUPTCY. (JUL 1995).........................................................................................................76

52.243-1 CHANGES - FIXED-PRICE. (AUG 1987) - ALTERNATE I (APR 1984) (Applicable to CLIN 002

and any appropriate task orders per CLIN 003) ................................................................................................76

52.243-1 CHANGES - FIXED-PRICE. (AUG 1987) - ALTERNATE V (APR 1984) (Applicable to CLIN 001

and any appropriate task orders per CLIN 003) ................................................................................................76

52.243-7 NOTIFICATION OF CHANGES. (APR 1984)..............................................................................77

52.244-2 SUBCONTRACTS. (OCT 2010)..................................................................................................77

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS. (JUL 2013)....................................................77

52.245-1 GOVERNMENT PROPERTY. (APR 2012) -- Alternate I (APR 2012)......................................77

52.245-9 USE AND CHARGES. (APR 2012).............................................................................................77

52.246-25 LIMITATION OF LIABILITY - SERVICES. (FEB 1997)..............................................................77

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE). (APRIL

2012) 77

52.253-1 COMPUTER GENERATED FORMS. (JAN 1991)......................................................................77

NFS 1852.203-70 DISPLAY OF INSPECTOR GENERAL HOTLINE POSTERS. (JUN 2001)......................77

NFS 1852.204-76 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY

RESOURCES (JAN 2011)...................................................................................................................................77

NFS 1852.209-72 COMPOSITION OF THE CONTRACTOR. (DEC 1988)...................................................77

NFS 1852.219-74 USE OF RURAL AREA SMALL BUSINESSES. (SEP 1990)..............................................77

NFS 1852.219-76 NASA 8 PERCENT GOAL. (JUL 1997) .............................................................................77

NFS 1852.219-77 NASA MENTOR-PROTEGE PROGRAM. (MAY 2009).....................................................77

NFS 1852.243-71 SHARED SAVINGS. (MAR 1997) ......................................................................................77

NFS 1852.235-70 CENTER FOR AEROSPACE INFORMATION. (DEC 2006)............................................77

I.3 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (JUL 2013)............................................................................................ 77

I.4 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER

THAN CERTIFIED COST OR PRICING DATA – MODIFICATIONS. (OCT 2010) (THIS CLAUSE IS APPLICABLE

TO THE EXTENT THAT ONLY SUBCONTRACTORS ARE REQUIRED TO SUBMIT CERTIFIED COST OR PRICING DATA)

I.5 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER

THAN CERTIFIED COST OR PRICING DATA - MODIFICATIONS. (OCT 2010) - ALTERNATE IV (OCT 2010)

(THIS CLAUSE IS NOT APPLICABLE TO SUBCONTRACTORS)..................................................................... 80

I.6 52.216-18 ORDERING (OCT 1995) (APPLICABLE TO IDIQ CLINS 002 AND 003)................... 81

I.7 52.216-19 ORDER LIMITATIONS (OCT 1995) (APPLICABLE TO IDIQ CLINS 002 AND 003). 81

I.8 52.216-22 INDEFINITE QUANTITY (OCT 1995) (APPLICABLE TO IDIQ CLINS 002 AND 003)82

I.9 52.227-11 PATENT RIGHTS--OWNERSHIP BY THE CONTRACTOR. (DEC 2007) / AS MODIFIED

PER 1852.227-11 PATENT RIGHTS - RETENTION BY THE CONTRACTOR (SHORT FORM). ..... 83

I.10 52.227-14 RIGHTS IN DATA – GENERAL, (DEC 2007) (DEVIATION) / ALTERNATE I, (DEC 2007)

(DEVIATION) / ALTERNATE II, (DEC 2007) (DEVIATION) / ALTERNATE III (DEC 2007) (DEVIATION) / AS

MODIFIED PER 1852.227-14 RIGHTS IN DATA - GENERAL............................................................ 89

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I.11 52.232-32 PERFORMANCE-BASED PAYMENTS (APR 2012) (DEVIATION), (APPLICABLE TO INTERIM

PERFORMANCE-BASED PAYMENTS EVENTS) ............................................................................................ 97

I.12 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS

(AUG 2012) (DEVIATION) .................................................................................................................. 100

I.13 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) (APPLICABLE TO CLIN 002

AND ANY APPROPRIATE TASK ORDERS PER CLIN 003) ( DEVIATION) .............................................. 101

I.14 52.249-9 DEFAULT (FIXED-PRICE RESEARCH AND DEVELOPMENT) (APR 1984) (APPLICABLE TO

CLIN 001 AND ANY APPROPRIATE TASK ORDERS PER CLIN 003) (DEVIATION) .............................. 104

I.15 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) ..................................... 106

I.16 NFS 1852.215-84 OMBUDSMAN. (NOV 2011) -- ALTERNATE I (JUN 2000) ...................... 106

I.17 NFS 1852.225-71 RESTRICTION ON FUNDING ACTIVITY WITH CHINA (FEB 2012)... 107

I.18 NFS 1852.237-72 ACCESS TO SENSITIVE INFORMATION (JUN 2005)........................... 107

I.19 NFS 1852.237-73 RELEASE OF SENSITIVE INFORMATION (JUN 2005)....................... 109

SECTION J. LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS..... 112

J.1 LIST OF ATTACHMENTS...................................................................................................... 112

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SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 NFS 1852.216-78 FIRM FIXED PRICE (DEC 1988)

The total firm fixed price of this contract is the total amount shown in Table B.2, Services To Be

Provided.

(End of Clause)

B.2 SUPPLIES AND/OR SERVICES TO BE PROVIDED / ITEMS ISSUED

The Contractor shall provide all resources necessary to deliver and/or perform the requirements of

the contract in accordance with the following table and per clause C.1, Specification/Statement of

Work, except for resources provided by the Government under clause G.6, NFS 1852.245-76 List

of Government Property Furnished Pursuant to FAR 52.245-1 (Jan 2011) and clause H.12

Government Furnished Services and Data.

Table B.2 Services To Be Provided

CLIN Category CLIN Title Price

Fixed Price Core Contract 001

Design, Development, Test, and

Evaluation (DDTE)/Certification

Fixed Price IDIQ 002 Post Certification Missions (PCM) TBD

Fixed Price IDIQ 003 Special Studies TBD

Total:

TBP: To Be Proposed / TBD: To Be Determined / IDIQ: Indefinite Delivery Indefinite Quantity /

CLIN: Contract Line Item Number

(End of Clause)

B.3 Design, Development, Test and Evaluation (DDTE)/Certification (Core Contract)

(CLIN 001)

NASA Certification under CLIN 001 is complete when the Contractor’s Crew Transportation

System (CTS) has met NASA’s requirements for safely transporting crew to and from the

International Space Station (ISS) in accordance with documents identified in Section C.1,

Specifications/Statement of Work. SubCLINS 001A and 001B, identified in Table B.3,

DDTE/Certification SubCLINs, are delivery milestones that represent completion of required

work necessary to achieve NASA Certification. Delivery payment for the ISS Design

Certification Review (DCR) for the crewed flight to the ISS includes all work under this CLIN that

occurs from the contract effective date through the ISS DCR completion. The delivery payment

for the Certification Review (CR) will include all work that occurs from the ISS DCR delivery date

through the end of the DDTE/Certification CLIN 001.

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Table B.3 DDTE/Certification SubCLINs (CLIN 001)

CLIN Category CLIN Title Price

Fixed Price 001A ISS Design Certification Review (ISS

DCR)*

Fixed Price 001B Certification Review (CR)

Sub-Total (CLIN 001 Firm Fixed Price (FFP))

*ISS DCR is the DCR for the crewed flight to ISS

(End of Clause)

B.4 POST CERTIFICATION MISSIONS (IDIQ) (CLIN 002)

In accordance with clause C.1, Specification/Statement of Work, the task ordering procedures and

other terms and conditions in the contract, the Contracting Officer may issue Post Certification

Mission (PCM) task orders. The Contractor shall use the Mission pricing rates shown in Table

B.4.1, Post Certification Mission Prices. The per mission prices are for a single order at the price

stated per the Calendar Year (CY) based on the number of missions ordered. CTS full mission

capability prices shall be based on (1) fulfillment of the design reference mission to the ISS found

in CCT-DRM-1110, Crew Transportation System Design Reference Missions, Attachment J-03,

Contract Performance Work Statement, and other terms and conditions in the contract and (2) all

inherent CTS capabilities that are within the proposed mission prices.

Post Certification Missions require at least prior to launch to account for the lead time

to accomplish all procurement, production and integration tasks required to execute a PCM. This

lead time ensures that facilities, equipment, hardware, and personnel are available to build the

vehicles and complete all required programmatic, safety, manufacturing, training, and integration

tasks on-schedule.

The minimum quantity of Post Certification Missions in this contract is two (2). PCM task orders

will not be issued until the Contractor has accomplished the criteria shown in clause H.19, Post

Certification Mission Payments, Milestones and ATP Criteria, paragraph (a).

The maximum potential number of Post Certification Missions which may be ordered under this

contract is six (6).

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Table B.4.1 Post Certification Mission Prices (CLIN 002)

Calendar Year

Ordered

Price Per

Mission Based

on order

quantity of

One (1)

Unit Price Per

Mission Based

on order

quantity of

Two (2)

Unit Price Per

Mission Based

on order

quantity of

Three (3)

Unit Price Per

Mission Based

on order

quantity of

Four (4)

2015

2016

2017

2018

2019

2020

Table B.4.2 Post Certification Mission Task Order List (CLIN 002)

Task Order Number Description

Firm Fixed

Price

Amount

*To be filled in by Government

as Task Orders are issued during

contract performance

TBD TBD

TOTAL TBD

(End of Clause)

B.5 SPECIAL STUDIES SERVICES (IDIQ) (CLIN 003)

In accordance with Attachment J-03, Contract Performance Work Statement, the task ordering

procedures and other terms and conditions in the contract, the Contractor shall perform special

studies, test and analyses, as initiated by written direction from the Contracting Officer. IDIQ

tasks may include performing technical, cost, schedule and risk assessments for potential new or

changes to existing requirements, as identified by the Government, for their impact on the

Contractor’s design, schedule and cost/price as it relates to CCtCap or life cycle activities;

performing additional analyses, modeling, and/or tests of hardware or software to provide further

confidence and understanding of robustness of design and advance planning, feasibility or trade

studies for development or certification activities. These IDIQ tasks do not include any work

necessary to accomplish the requirements under CLIN 001 and CLIN 002. The Contractor shall

utilize the fully burdened labor rates shown in Table B.5.1, Special Studies Labor Rates when

proposing to a Government Request for Task Order Proposal. The maximum potential total value

of all Special Studies IDIQ tasks which may be ordered under this contract is $150 million.

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Table B.5.1 Special Studies Labor Rates

Table B.5.2 Special Studies Task Order List (CLIN 003)

Task Order Number Description Firm Fixed Price Amount

*To be filled in by

Government as Task

Orders are issued during

contract performance

TBD TBD

TOTAL TBD

(End of Clause)

Labor Rates

Labor Category CY14 CY15 CY16 CY17 CY18 CY19 CY20

Professional / Technical

(Exempt)

Ops./Mfg.

(Non-Exempt)

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SECTION C. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SPECIFICATION/STATEMENT OF WORK

The purpose of the Commercial Crew Program (CCP) is to facilitate the development of a U.S.

commercial crew space transportation capability with the goal of achieving safe, reliable and cost

effective access to and from low Earth orbit (LEO) including the International Space Station (ISS)

no later than 2017. Once the capability is matured and available, NASA intends to purchase

commercial crew transportation services to meet its ISS crew rotation and emergency return needs.

NASA is using a two-phased acquisition to certify fully integrated Crew Transportation Systems

(CTS) that meet specified NASA safety and ISS requirements and standards, and begin missions to

the ISS. Phase 1, the Certification Products Contract (CPC), requires delivery and disposition of

specified early lifecycle plans and products that address CTS compliance with NASA’s standards

and requirements for an ISS design reference mission. The CPC deliverables mature in parallel

with the maturation of the CTS design. Phase 2, the Commercial Crew Transportation Capability

(CCtCap), is the requirement of this contract as described below.

Requirements:

The Contractor shall complete the design, development, test, evaluation, and certification of an

integrated CTS capable of transporting NASA crew to and from the ISS, in accordance with the

design reference missions and the certification standards and requirements specified in this

contract. Certification of the CTS shall be determined by NASA. The Contractor shall provide

special studies for risk reduction and other purposes related to its CTS, to the extent ordered under

CLIN 003 of this contract. The Contractor shall also provide complete, initial Post Certification

Missions to and from ISS including ground, launch, on-orbit, return and recovery operations, as

ordered by IDIQ tasks under this contract.

(a) The Contractor shall provide all facilities, resources, personnel, items or services necessary to

perform the requirements specified in Section B, Supplies or Services and Prices/Costs (except for

Government furnished property as listed in clause G.6, NFS 1852.245-76, List Of Government

Property Furnished Pursuant To FAR 52.245-1 and Government Furnished Services and Data as

listed in clause H.12) in accordance with the following:

Attachment J-01, Integrated Crew Transportation System Requirements

Attachment J-02, Data Requirement Deliverables (DRDs)

Attachment J-03, Contract Performance Work Statement (PWS) – To be proposed by Offeror

Attachment J-03, Appendix A, Milestone Acceptance Criteria and Payment Schedule – To be

proposed by Offeror

(b) Section C incorporates Attachments J-01, J-02 and J-03 into the Schedule. In case of a

conflict, Attachment J-01 shall take precedence over Attachments J-02, and J-03. Attachment

J-03 shall take precedence over Attachment J-02.

(End of Clause)

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SECTION D. PACKAGING AND MARKING

D.1 CLAUSES INCORPORATED BY REFERENCE -- SECTION D

Clause(s) at the beginning of this Section are incorporated by reference, with the same force and

effect as if they were given in full text. Clauses incorporated by reference which require a fill-in

by the Government include the text of the affected paragraph(s) only. This does not limit the

clause to the affected paragraph(s). The Contractor is responsible for understanding and

complying with the entire clause. The full text of the clause is available at the addresses

contained in clause I.1 52.252-2, Clauses Incorporated by Reference, of this contract.

NFS 1852.211-70 PACKAGING, HANDLING, AND TRANSPORTATION. (SEP 2005)

(End of Clause)

D.2 NFS 1852.245-74 IDENTIFICATION AND MARKING OF GOVERNMENT

EQUIPMENT (JAN 2011)

(a) The Contractor shall identify all equipment to be delivered to the Government using NASA

Technical Handbook (NASA-HDBK) 6003, Application of Data Matrix Identification Symbols to

Aerospace Parts Using Direct Part Marking Methods/Techniques, and NASA Standard

(NASA-STD) 6002, Applying Data Matrix Identification Symbols on Aerospace Parts or through

the use of commercial marking techniques that: (1) are sufficiently durable to remain intact

through the typical lifespan of the property: and, (2) contain the data and data format required by

the standards. This requirement includes deliverable equipment listed in the schedule and other

equipment when no longer required for contract performance and NASA directs physical transfer

to NASA or a third party. The Contractor shall identify property in both machine and human

readable form unless the use of a machine readable-only format is approved by the NASA

Industrial Property Officer.

(b) Equipment shall be marked in a location that will be human readable, without disassembly or

movement of the equipment, when the items are placed in service unless such placement would

have a deleterious effect on safety or on the item's operation.

in an electronic spreadsheet format:

(1) Item Description.

(2) Unique Identification Number (License Tag).

(3) Unit Price.

(4) An explanation of the data used to make the unique identification number.

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(d) For equipment no longer needed for contract performance and physically transferred under

paragraph (a) of this clause, the following additional data is required:

(1) Date originally placed in service.

(2) Item condition.

(e) The data required in paragraphs (c) and (d) of this clause shall be delivered to the NASA center

receiving activity listed below:

Transportation Officer, NASA

C/O ISC Warehouse, Building M6-744

Kennedy Space Center, FL 32899

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in all

subcontracts that require delivery of equipment.

(End of Clause)

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SECTION E. INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE -- SECTION E

Clause(s) at the beginning of this Section are incorporated by reference, with the same force and

effect as if they were given in full text. Clauses incorporated by reference which require a fill-in

by the Government include the text of the affected paragraph(s) only. This does not limit the

clause to the affected paragraph(s). The Contractor is responsible for understanding and

complying with the entire clause. The full text of the clause is available at the addresses

contained in clause I.1 52.252-2, Clauses Incorporated by Reference, of this contract.

NFS 1852.246-73 HUMAN SPACE FLIGHT ITEM (MAR 1997)

(End of Clause)

E.2 52.246-4 INSPECTION OF SERVICES AND RESEARCH AND

DEVELOPMENT WORK - FIXED-PRICE (AUG 1996) (Deviation)

(a) Definition: "Services," as used in this clause, includes services performed, workmanship, and

material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government

covering the services and Research and Development (R&D) work under this contract. Complete

records of all inspection work performed by the Contractor shall be maintained and made available

to the Government during contract performance and for as long afterwards as the contract requires.

contract, to the extent practicable at all times and places during the term of the contract. The

Government may also inspect on the premises of the Contractor or any subcontractor engaged in

contract performance. The Government shall perform inspections and tests in a manner that will

not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a

subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no

increase in contract price, all reasonable facilities and assistance for the safe and convenient

performance of these duties.

(e) Inspection and test by the Government does not relieve the Contractor from responsibility for

failures to meet the contract requirements that may be discovered before acceptance.

Government failure to inspect and accept or reject the services or R&D work shall not relieve the

Contractor from responsibility, nor impose liability on the Government, for nonconforming

services or R&D work. Acceptance shall be conclusive, except for latent defects, fraud, gross

mistakes amounting to fraud, or as otherwise specified in the contract.

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(f) The Government has the right to reject nonconforming services or R&D work.

Nonconforming services or R&D work is when it is defective in material or workmanship or is

otherwise not in conformity with contract requirements.

(g) If any of the services or R&D work do not conform with contract requirements, the

Government may require the Contractor to perform the services or R&D work again in conformity

with contract requirements, at no increase in contract amount. If acceptance is not conclusive for

any of the causes in paragraph (e), in addition to any other rights and remedies provided by law, or

under other provisions of this contract, or when the defects in services or R&D work cannot be

corrected by reperformance, the Government may -

(1) Require the Contractor to take necessary action to ensure that future performance

conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services or R&D work

performed.

(h) If the Contractor fails to promptly perform the services again or to take the necessary action to

ensure future performance in conformity with contract requirements, the Government may –

(1) By contract or otherwise, perform the services and charge to the Contractor any cost

incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(i) The rights in paragraph (g) and (h) of this clause are superseded by the conditions in clause

H.21, Post Certification Mission Success Determination, specific only to the Post Certification

Mission (PCM) flights. For these flights, the rights in clause H.21 regarding acceptance (mission

success determination), payment procedures in the event of a determination for other than full

mission success and waiver of the Government requirement’s to re-perform the final PCM flight,

shall apply.

(End of Clause)

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SECTION F. DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE -- SECTION F

Clause(s) at the beginning of this Section are incorporated by reference, with the same force and

effect as if they were given in full text. Clauses incorporated by reference which require a fill-in

by the Government include the text of the affected paragraph(s) only. This does not limit the

clause to the affected paragraph(s). The Contractor is responsible for understanding and

complying with the entire clause. The full text of the clause is available at the addresses

contained in clause I.1 52.252-2, Clauses Incorporated by Reference, of this contract.

52.242-15 STOP-WORK ORDER. (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK. (APR 1984)

(End of Clause)

F.2 DELIVERY AND/OR COMPLETION SCHEDULE

The Contractor shall deliver and/or complete performance of the items required under this contract

as follows:

(a) CLIN 001, DDTE/Certification: The date of delivery for work performed under this contract

is from date of award through completion of the last required milestone in Attachment J-03,

Appendix A, Milestone Acceptance Criteria and Payment Schedule.

Milestone delivery and completion dates are defined in Attachment J-03, Appendix A for CLIN

001.

(End of Clause)

F.3 PLACE OF PERFORMANCE

The principal place of performance shall be The United States Of America.

(End of Clause)

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SECTION G. CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE -- SECTION G

Clause(s) at the beginning of this Section are incorporated by reference, with the same force and

effect as if they were given in full text. Clauses incorporated by reference which require a fill-in

by the Government include the text of the affected paragraph(s) only. This does not limit the

clause to the affected paragraph(s). The Contractor is responsible for understanding and

complying with the entire clause. The full text of the clause is available at the addresses

contained in clause I.1 52.252-2, Clauses Incorporated by Reference, of this contract.

NFS 1852.227-70 NEW TECHNOLOGY. (MAY 2002)

(End of Clause)

G.2 NFS 1852.227-72 DESIGNATION OF NEW TECHNOLOGY

REPRESENTATIVE AND PATENT REPRESENTATIVE. (JUL 1997)

(a) For purposes of administration of the clause of this contract entitled "New Technology" or

"Patent Rights - Retention by the Contractor (Short Form)," whichever is included, the following

named representatives are hereby designated by the Contracting Officer to administer such clause:

New Technology Representative

Technology and Integration Office, Mail Code: KSC-NET

NASA, John F. Kennedy Space Center

Kennedy Space Center, FL 32899

Patent Representative

Office of Chief Counsel, Mail Code: KSC-CC

NASA, John F. Kennedy Space Center

Kennedy Space Center, FL 32899

(b) Reports of reportable items, and disclosure of subject inventions, interim reports, final reports,

utilization reports, and other reports required by the clause, as well as any correspondence with

respect to such matters, should be directed to the New Technology Representative unless

transmitted in response to correspondence or request from the Patent Representative. Inquires or

requests regarding disposition of rights, election of rights, or related matters should be directed to

the Patent Representative. This clause shall be included in any subcontract hereunder requiring a

"New Technology" clause or "Patent Rights - Retention by the Contractor (Short Form)" clause,

unless otherwise authorized or directed by the Contracting Officer. The respective

responsibilities and authorities of the above-named representatives are set forth in 1827.305-370

of the NASA FAR Supplement.

(End of Clause)

G.3 APPOINTMENT OF CONTRACTING OFFICER REPRESENTATIVE

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(a) Performance of the work under this contract is subject to the functions of the Contracting

Officer Representative (COR), who shall be specifically appointed by the Contracting Officer in

writing in accordance with NASA FAR Supplement (NFS) 1842.270. The COR will serve as the

Contracting Officer’s technical liaison with the Contractor by providing performance monitoring;

review of Contractor’s progress; support to Government Insight activities as defined in clause

H.15, Government Insight; or furnishing similar monitoring for work within the scope of the

contract.

(b) The COR does not have the authority to, and shall not, issue any instruction or direction that:

(1) Constitutes an assignment of additional work outside the statement of work;

(2) Constitutes a change as defined in the changes clauses in I.2, Clauses Incorporated by

Reference;

(3) Constitutes a basis for any increase or decrease in contract requirements; or any contract

price; 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.

or direction that falls within any of the categories defined in paragraph (b) of this clause, the

Contractor shall not proceed but shall notify the Contracting Officer in writing within five (5)

working 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 fifteen (15) days that the communication is -

(1) Rescinded in its entirety; or

(2) Within the functions of the COR and does not constitute a change under the changes

clauses of the contract, and that the Contractor should continue to proceed with contract

performance.

(d) A failure of the Contractor and Contracting Officer to agree that the communication by the

COR does not constitute a change under the changes clauses in I.2, or a failure to agree upon the

contract action to be taken with respect to the communication, shall be subject to the Disputes

clause of this contract.

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(e) Any action(s) taken by the Contractor in response to any instruction or direction given by any

person other than the Contracting Officer shall be at the Contractor's risk.

(End of Clause)

G.4 NFS 1852.245-73 FINANCIAL REPORTING OF NASA PROPERTY IN THE

CUSTODY OF CONTRACTORS. (JAN 2011)

(a) The Contractor shall submit annually a NASA Form (NF) 1018, NASA Property in the

Custody of Contractors, in accordance with this clause, the instructions on the form and NFS

subpart 1845.71, and any supplemental instructions for the current reporting period issued by

NASA.

(b) (1) Subcontractor use of NF 1018 is not required by this clause; however, the Contractor shall

include data on property in the possession of subcontractors in the annual NF 1018.

(2) The Contractor shall mail the original signed NF 1018 directly to the cognizant NASA

Center Deputy Chief Financial Officer, Finance, unless the Contractor uses the NF 1018

Electronic Submission System (NESS) for report preparation and submission.

(3) One copy shall be submitted (through the Department of Defense (DOD) Property

Administrator if contract administration has been delegated to DOD) to the following address:

NASA, John F. Kennedy Space Center, Attn: OP-OS-IP, Industrial Property Officer, Kennedy

Space Center, unless the Contractor uses the NF 1018 Electronic Submission System (NESS) for

report preparation and submission.

the following year. The report shall be submitted in time to be received by October 15. The

information contained in these reports is entered into the NASA accounting system to reflect

current asset values for agency financial statement purposes. Therefore, it is essential that

required reports be received no later than October 15. Some activity may be estimated for the

month of September, if necessary, to ensure the NF 1018 is received when due. However,

Contractors' procedures must document the process for developing these estimates based on

planned activity such as planned purchases or NASA Form 533 (NF 533 Contractor Financial

Management Report) cost estimates. It should be supported and documented by historical

experience or other corroborating evidence, and be retained in accordance with FAR Subpart 4.7,

Contractor Records Retention. Contractors shall validate the reasonableness of the estimates and

associated methodology by comparing them to the actual activity once that data is available, and

adjust them accordingly. In addition, differences between the estimated cost and actual cost must

be adjusted during the next reporting period. Contractors shall have formal policies and

procedures, which address the validation of NF 1018 data, including data from subcontractors, and

the identification and timely reporting of errors. The objective of this validation is to ensure that

information reported is accurate and in compliance with the NASA FAR Supplement. If errors

are discovered on NF 1018 after submission, the Contractor shall contact the cognizant NASA

Center Industrial Property Officer (IPO) within 30 days after discovery of the error to discuss

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corrective action.

(2) The Contracting Officer may, in NASA's interest, withhold payment until a reserve not

exceeding $25,000 or 5 percent of the amount of the contract, whichever is less, has been set aside,

if the Contractor fails to submit annual NF 1018 reports in accordance with NFS subpart 1845.71

and any supplemental instructions for the current reporting period issued by NASA. Such reserve

shall be withheld until the Contracting Officer has determined that NASA has received the

required reports. The withholding of any amount or the subsequent payment thereof shall not be

construed as a waiver of any Government right.

(d) A final report shall be submitted within 30 days after disposition of all property subject to

reporting when the contract performance period is complete in accordance with paragraph (b)(1)

through (3) of this clause.

(End of Clause)

G.5 NFS 1852.245-75 PROPERTY MANAGEMENT CHANGES. (JAN 2011)

(a) The Contractor shall submit any changes to standards and practices used for management and

control of Government property under this contract to the assigned property administrator prior to

making the change whenever the change -

(1) Employs a standard that allows increase in thresholds or changes the timing for reporting

loss, damage, or destruction of property;

(2) Alters physical inventory timing or procedures;

(3) Alters recordkeeping practices;

(4) Alters practices for recording the transport or delivery of Government property; or

(5) Alters practices for disposition of Government property.

(End of Clause)

G.6 NFS 1852.245-76 LIST OF GOVERNMENT PROPERTY FURNISHED

PURSUANT TO FAR 52.245-1. (JAN 2011)

For performance of work under this contract, the Government will make available Government

property identified below on a no charge-for-use basis pursuant to the clause at FAR 52.245-1,

Government Property (Alt I), as incorporated in this contract. The Contractor shall use this

property in the performance of this contract at the Contractor’s facility and at other location(s) as

may be approved by the Contracting Officer. Under FAR 52.245-1 (Alt I), the Contractor is

accountable for the identified property.

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Description

Part Number

(Docking Adapter Kit

Docking Adapter

Assembly)

Acquisition

Value

Quantity

Available

Date

NASA Docking System

Block 1 (NDSB1)

Flight Unit 1

683-100100-0001

$14,000,000 0 02/2016

683-100000-0001

NDSB1

Flight Unit 2

683-100100-0001

$14,000,000 0 04/2016

683-100000-0001

NDSB1

Flight Unit 3

683-100100-0001

$14,000,000 0 06/2016

683-100000-0001

NDSB1

Flight Unit 4

683-100100-0001

$14,000,000 0 08/2016

683-100000-0001

The Government understands that the NDSB1 Flight Units may be consumed in performance of

this contract.

(End of Clause)

G.7 NFS 1852.245-78 PHYSICAL INVENTORY OF CAPITAL PERSONAL

PROPERTY. (JAN 2011)

(a) In addition to physical inventory requirements under the clause at FAR 52.245-1, Government

Property, as incorporated in this contract, the Contractor shall conduct annual physical inventories

for individual property items with an acquisition cost exceeding $100,000.

(1) The Contractor shall inventory -

(i) Items of property furnished by the Government;

(ii) Items acquired by the Contractor and titled to the Government under the clause at

FAR 52.245-1;

(iii) Items constructed by the Contractor and not included in the deliverable, but titled to

the Government under the clause at FAR 52.245-1; and

(iv) Complete but undelivered deliverables.

(2) The Contractor shall use the physical inventory results to validate the property record data,

specifically location and use status, and to prepare summary reports of inventory as described in

paragraph (c) of this clause.

(b) Unless specifically authorized in writing by the Property Administrator, the inventory shall be

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performed and posted by individuals other than those assigned custody of the items, responsibility

for maintenance, or responsibility for posting to the property record. The Contractor may request

a waiver from this separation of duties requirement from the Property Administrator, when all of

the conditions in either (1) or (2) of this paragraph are met.

(1) The Contractor utilizes an electronic system for property identification, such as a laser

bar-code reader or radio frequency identification reader, and

(i) The programs or software preclude manual data entry of inventory identification data

by the individual performing the inventory; and

(ii) The inventory and property management systems contain sufficient management

controls to prevent tampering and assure proper posting of collected inventory data.

(2) The Contractor has limited quantities of property, limited personnel, or limited property

systems; and the Contractor provides written confirmation that the Government property exists in

the recorded condition and location;

(3) The Contractor shall submit the request to the cognizant property administrator and obtain

approval from the property administrator prior to implementation of the practice.

within 10 calendar days of completion of the physical inventory. The report shall -

(1) Provide a summary showing number and value of items inventoried; and

(2) Include additional supporting reports of -

(i) Loss in accordance with the clause at 52.245-1, Government Property;

(ii) Idle property available for reuse or disposition; and

(iii) A summary of adjustments made to location, condition, status, or user as a result of

the physical inventory reconciliation.

(d) The Contractor shall retain auditable physical inventory records, including records supporting

transactions associated with inventory reconciliation. All records shall be subject to Government

review and/or audit.

(End of Clause)

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G.8 SUBMISSION OF INVOICES FOR PAYMENT

(a) The Contractor shall submit invoices for the work completed in accordance with Attachment

J-03, Appendix A, Milestone Acceptance Criteria and Payment Schedule and task orders issued

under this contract. The designated billing office for invoices for purposes of clause FAR

52.232-25, Prompt Payment, in I.2, Clauses Incorporated by Reference, is indicated below.

Invoices shall include a reference to the number of this contract.

(b) Original invoices shall be submitted to:

NASA Shared Services Center

Financial Management Division (FMD)

Accounts Payable

Building 1111, C Road

Stennis Space Center, MS 39529-6000

Phone: 1-877-677-2123

Fax: 1-866-209-5415

e-mail: NSSC-Account[email protected]

Copy 1:

Contracting Officer, Mail Code: OP-MS

NASA, John F. Kennedy Space Center

Kennedy Space Center, FL 32899

Copy 2:

Commercial Crew Program Office, Mail Code: FA-A

NASA, John F. Kennedy Space Center

Kennedy Space Center, FL 32899

(End of Clause)

G.9 REQUIREMENTS FOR DATA OTHER THAN CERTIFIED COST OR PRICING

DATA

NASA has waived the Certified Cost or Pricing Data required per FAR 15.403-4 for contractors

but not subcontractors. “Certified Cost or Pricing Data” means cost or pricing data that is

required to be submitted in accordance with FAR 15.403-4 and 15.403-5 and have been certified,

or are required to be certified, in accordance with 15.406-2. Certified Cost or Pricing Data will

not be required for contract modifications and task orders of any amount under this contract. In

lieu of Certified Cost or Pricing Data, the Contractor shall submit “Data Other Than Certified Cost

or Pricing Data” as defined in FAR 2.101, if required by the Contracting Officer as part of the

Contractor’s proposal to support any contract price adjustments. This data may be requested such

as in the case when the Contracting Officer issues a contract modification, a change order in

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accordance with the Changes clauses in I.2 or any Request for Task Order Proposal issued per

CLIN 002 or CLIN 003 of this contract.

(End of Clause)

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SECTION H. SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES INCORPORATED BY REFERENCE -- SECTION H

Clause(s) at the beginning of this Section are incorporated by reference, with the same force and

effect as if they were given in full text. Clauses incorporated by reference which require a fill-in

by the Government include the text of the affected paragraph(s) only. This does not limit the

clause to the affected paragraph(s). The Contractor is responsible for understanding and

complying with the entire clause. The full text of the clause is available at the addresses

contained in clause I.1 52.252-2, Clauses Incorporated by Reference, of this contract.

NFS 1852.223-75 MAJOR BREACH OF SAFETY OR SECURITY. (FEB 2002)

NFS 1852.225-70 EXPORT LICENSES. (FEB 2000) -- ALTERNATE I (FEB 2000)

Paragraph (b): Any NASA installation

NFS 1852.244-70 GEOGRAPHIC PARTICIPATION IN THE AEROSPACE PROGRAM.

(APR 1985)

NFS 1852.246-70 MISSION CRITICAL SPACE SYSTEM PERSONNEL RELIABILITY

PROGRAM. (MAR 1997)

(End of Clause)

H.2 NFS 1852.216-80 TASK ORDERING PROCEDURE. (OCT 1996) (Deviation)

(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.

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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 5

working 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)

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H.3 NFS 1852.223-72 SAFETY AND HEALTH (SHORT FORM). (APR 2002)

(a) Safety is the freedom from those conditions that can cause death, injury, occupational illness;

damage to or loss of equipment or property, or damage to the environment. NASA's safety

priority is to protect: (1) the public, (2) astronauts and pilots, (3) the NASA workforce (including

Contractor employees working on NASA contracts), and (4) high-value equipment and property.

(b) The Contractor shall take all reasonable safety and occupational health measures consistent

with standard industry practice in performing this contract. The Contractor shall comply with all

Federal, State, and local laws applicable to safety and occupational health and with the safety and

occupational health standards, specifications, reporting requirements, and any other relevant

requirements of this contract.

measures the Contracting Officer may reasonably direct. To the extent that the Contractor may be

entitled to an equitable adjustment for those measures under the terms and conditions of this

contract, the equitable adjustment shall be determined pursuant to the procedures of the Changes

clause of this contract; provided, that no adjustment shall be made under this Safety and Health

clause for any change for which an equitable adjustment is expressly provided under any other

clause of the contract.

(d) The Contracting Officer may notify the Contractor in writing of any noncompliance with this

clause and specify corrective actions to be taken. In situations where the Contracting Officer

becomes aware of noncompliance that may pose a serious or imminent danger to safety and health

of the public, astronauts and pilots, the NASA workforce (including Contractor employees

working on NASA contracts), or high value mission critical equipment or property, the

Contracting Officer shall notify the Contractor orally, with written confirmation. The Contractor

shall promptly take and report any necessary corrective action. The Government may pursue

appropriate remedies in the event the Contractor fails to promptly take the necessary corrective

action.

(e) The Contractor (or subcontractor or supplier) shall insert the substance of this clause, including

this paragraph (e) and any applicable Schedule provisions, with appropriate changes of

designations of the parties, in subcontracts of every tier that exceed the micro-purchase threshold.

(End of Clause)

H.4 NFS 1852.232-77 LIMITATION OF FUNDS (FIXED- PRICE CONTRACT).

(MAR 1989)

(a) Of the total price of all CLIN items identified in Section B, the sum of $129.3M is presently

available for payment and allotted to this contract. It is anticipated that from time to time

additional funds will be allocated to the contract as required by the payment schedules in

Attachment J-03, Appendix A, Milestone Acceptance Criteria and Payment Schedule and task

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orders awarded under CLIN 002 and 003 (see table B.4.2 and B.5.2 respectively) until the total

price of said items is allotted.

(b) The Contractor agrees to perform or have performed work on the items specified in paragraph

(a) of this clause up to the point at which, if this contract is terminated pursuant to the Termination

for Convenience of the Government clause of this contract, the total amount payable by the

Government (including amounts payable for subcontracts and settlement costs) pursuant to

paragraphs (f) and (g) of that clause would, in the exercise of reasonable judgment by the

Contractor, approximate the total amount at the time allotted to the contract. The Contractor is

not obligated to continue performance of the work beyond that point. The Government is not

obligated in any event to pay or reimburse the Contractor more than the amount from time to time

allotted to the contract, anything to the contrary in the Termination for Convenience of the

Government clause notwithstanding.

performed until December 15, 2014.

(2) If funds allotted are considered by the Contractor to be inadequate to cover the work to be

performed until that date, or an agreed date substituted for it, the Contractor shall notify the

Contracting Officer in writing when within the next 60 days the work will reach a point at which, if

the contract is terminated pursuant to the Termination for Convenience of the Government clause

of this contract, the total amount payable by the Government (including amounts payable for

subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause will

approximate 75 percent of the total amount then allotted to the contract.

(3) (i) The notice shall state the estimate when the point referred to in paragraph (c) (2) of

this clause will be reached and the estimated amount of additional funds required to continue

performance to the date specified in paragraph (c) (1) of this clause, or an agreed date substituted

for it.

(ii) The Contractor shall, 60 days in advance of the date specified in paragraph (c) (1)

of this clause, or an agreed date substituted for it, advise the Contracting Officer in writing as to the

estimated amount of additional funds required for the timely performance of the contract for a

further period as may be specified in the contract or otherwise agreed to by the parties.

(4) If, after the notification referred to in paragraph (c) (3) (ii) of this clause, additional funds

are not allotted by the date specified in paragraph (c) (1) of this clause, or an agreed date

substituted for it, the Contracting Officer shall, upon the Contractor’s written request, terminate

this contract on that date or on the date set forth in the request, whichever is later, pursuant to the

Termination for Convenience of the Government clause.

(d) When additional funds are allotted from time to time for continued performance of the work

under this contract, the parties shall agree on the applicable period of contract performance to be

covered by these funds. The provisions of paragraphs (b) and (c) of this clause shall apply to

these additional allotted funds and the substituted date pertaining to them, and the contract shall be

modified accordingly.

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(e) If, solely by reason of the Government's failure to allot additional funds in amounts sufficient

for the timely performance of this contract, the Contractor incurs additional costs or is delayed in

the performance of the work under this contract, and if additional funds are allotted, an equitable

adjustment shall be made in the price or prices (including appropriate target, billing, and ceiling

prices where applicable) of the items to be delivered, or in the time of delivery, or both.

(f) The Government may at any time before termination, and, with the consent of the Contractor,

after notice of termination, allot additional funds for this contract.

(g) The provisions of this clause with respect to termination shall in no way be deemed to limit the

rights of the Government under the default clause of this contract. The provisions of this

Limitation of Funds clause are limited to the work on and allotment of funds for the items set forth

in paragraph (a) of this clause. This clause shall become inoperative upon the allotment of funds

for the total price of said work except for rights and obligations then existing under this clause.

(h) Nothing in this clause shall affect the right of the Government to terminate this contract

pursuant to the Termination for Convenience of the Government clause of this contract.

(End of Clause)

H.5 NFS 1852.228-76 CROSS-WAIVER OF LIABILITY FOR INTERNATIONAL

SPACE STATION ACTIVITIES. (OCT 2012) (Deviation)

(a) The Intergovernmental Agreement for the International Space Station (ISS) contains a

cross-waiver of liability provision to encourage participation in the exploration, exploitation, and

use of outer space through the ISS. The cross-waiver of liability in this clause is intended to be

broadly construed to achieve this objective.

(b) As used in this clause, the term:

(1) “Agreement” refers to any NASA Space Act agreement or contract that contains the

cross-waiver of liability provision authorized by 14 CFR Part 1266.102.

(2) “Damage” means:

(i) Bodily injury to, or other impairment of health of, or death of, any person;

(ii) Damage to, loss of, or loss of use of any property;

(iii) Loss of revenue or profits; or

(iv) Other direct, indirect, or consequential Damage.

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(3) “Launch” means the intentional ignition of the first-stage motor(s) of the Launch Vehicle

intended to place or try to place a Launch Vehicle (which may or may not include any Transfer

Vehicle, Payload or crew) from Earth:

(i) in a suborbital trajectory;

(ii) in Earth orbit in outer space; or

(iii) otherwise in outer space,

including activities involved in the preparation of a Launch Vehicle, Transfer Vehicle or Payload

for launch.

(4) “Launch Services” means:

(i) Activities involved in the preparation of a Launch Vehicle, Transfer Vehicle,

Payload, or crew (including crew training), if any, for launch; and

(ii) The conduct of a Launch.

(5) “Launch Vehicle” means an object, or any part thereof, intended for launch, launched

from Earth, or returning to Earth which carries Payloads or persons, or both.

(6) “Partner State” includes each Contracting Party for which the Agreement Among the

Government of Canada, Governments of Member States of the European Space Agency, the

Government of Japan, The Government of the Russian Federation, and the Government of the

United States of America concerning Cooperation on the Civil International Space Station (IGA)

has entered into force, pursuant to Article 25 of the IGA or pursuant to any successor Agreement.

A Partner State includes its Cooperating Agency. It also includes any entity specified in the

Memorandum of Understanding (MOU) between NASA and the Government of Japan's

Cooperating Agency in the implementation of that MOU.

(7) “Party” means a party to an Agreement involving activities in connection with the ISS,

including this contract.

(8) “Payload” means all property to be flown or used on or in a Launch Vehicle or the ISS.

(9) “Protected Space Operations” means all Launch or Transfer Vehicle activities, ISS

activities, and Payload activities on Earth, in outer space, or in transit between Earth and outer

space performed in implementation of the IGA, MOUs concluded pursuant to the IGA,

implementing arrangements, and contracts to perform work in support of NASA’s obligations

under these Agreements. It includes, but is not limited to:

(i) Research, design, development, test, manufacture, assembly, integration,

operation, or use of Launch or Transfer Vehicles, the ISS, Payloads, or instruments, as well as

related support equipment and facilities and services; and

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(ii) All activities related to ground support, test, training, simulation, or guidance and

control equipment and related facilities or services. “Protected Space Operations” also includes

all activities related to evolution of the ISS, as provided for in Article 14 of the IGA. “Protected

Space Operations” excludes activities on Earth which are conducted on return from the ISS to

develop further a Payload's product or process for use other than for ISS-related activities in

implementation of the IGA.

(10) “Reentry” means to return or attempt to return, purposefully, a Transfer Vehicle,

Payload, or crew from the ISS, Earth orbit, or outer space to Earth.

(11) “Reentry Services” means:

(i) Activities involved in the preparation of a Transfer Vehicle, Payload, or crew

(including crew training), if any, for Reentry; and

(ii) The conduct of a Reentry.

(12) “Related Entity” means:

(i) A contractor or subcontractor of a Party or a Partner State at any tier;

(ii) A user or customer of a Party or a Partner State at any tier; or

(iii) A contractor or subcontractor of a user or customer of a Party or a Partner State at

any tier.

The terms “contractor” and “subcontractor” include suppliers of any kind.

(13) “Transfer Vehicle” means any vehicle that operates in space and transfers Payloads or

persons or both between two different space objects, between two different locations on the same

space object, or between a space object and the surface of a celestial body. A Transfer Vehicle

also includes a vehicle that departs from and returns to the same location on a space object.

(1) The Contractor agrees to a cross-waiver of liability pursuant to which it waives all claims

against any of the entities or persons listed in paragraphs (c)(1)(i) through (c)(1)(iv) of this clause

based on Damage arising out of Protected Space Operations. This cross-waiver shall apply only

if the person, entity, or property causing the Damage is involved in Protected Space Operations

and the person, entity, or property damaged is damaged by virtue of its involvement in Protected

Space Operations. The cross-waiver shall apply to any claims for Damage, whatever the legal

basis for such claims, against:

(i) A Party as defined in (b)(7) of this clause;

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(ii) A Partner State, including the United States of America;

(iii) A Related Entity of any entity identified in paragraph (c)(1)(i) or (c)(1)(ii) of this

clause; or

(iv) The employees of any of the entities identified in paragraphs (c)(1)(i) through

(c)(1)(iii) of this clause.

(2) In addition, the contractor shall, by contract or otherwise, extend the cross-waiver of

liability set forth in paragraph (c)(1) of this clause, to its Related Entities by requiring them, by

contract or otherwise, to:

(i) Waive all claims against the entities or persons identified in paragraphs (c)(1)(i)

through (c)(1)(iv) of this clause; and

(ii) Require that their Related Entities waive all claims against the entities or persons

identified in paragraphs (c)(1)(i) through (c)(1)(iv) of this clause.

(3) For avoidance of doubt, this cross-waiver of liability includes a cross-waiver of claims

arising from the Convention on International Liability for Damage Caused by Space Objects,

which entered into force on September 1, 1972, where the person, entity, or property causing the

Damage is involved in Protected Space Operations and the person, entity, or property damaged is

damaged by virtue of its involvement in Protected Space Operations.

(4) Notwithstanding the other provisions of this clause, this cross-waiver of liability shall not

be applicable to:

(i) Claims between the Contractor and its own Related Entities or between its Related

Entities;

(ii) Claims made by a natural person (with the exception of Passengers and

Commercial Cargo Customers as defined in clause H.23 of this contract), his/her estate, survivors

or subrogees (except when a subrogee is a Party to an Agreement or is otherwise bound by the

terms of this cross-waiver) for bodily injury to, or other impairment of health of, or death of, such

person;

(iii) Claims for Damage caused by willful misconduct;

(iv) Intellectual property claims;

(v) Claims for Damage resulting from a failure of the contractor to extend the

cross-waiver of liability to its subcontractors or related entities, pursuant to paragraph (c)(2) of this

clause;

(vi) Claims by the Government arising out of or relating to the contractor’s failure to

perform its obligations under this contract.

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(vii) Claims against Passengers or Commercial Cargo Customers as defined in clause

H.23 of this contract.

(5) Nothing in this clause shall be construed to create the basis for a claim or suit where none

would otherwise exist.

(d) Waiver of claims Between the Government and Contractor:

(1) This clause provides for a reciprocal waiver of claims between the Government and the

Contractor and their Related Entities as described in paragraph (c) above, except that the

Government shall waive such claims only to the extent such claims exceed the maximum amount

of the Contractor’s insurance or financial capability required under paragraph (f) below. This

reciprocal waiver of claims shall not apply to rights and obligations arising from the application of

any of the other clauses in the contract or to rights and obligations arising from activities that are

not within the scope of this contract.

(2) Pursuant to paragraph (c)(2), the Contractor shall extend this waiver of claims to its

Related Entities by requiring them, by contract or otherwise, to waive all claims against the

Government and its Related Entities. For avoidance of doubt, the Contractor shall require its

Passengers and Commercial Cargo Customers, as defined in clause H.23 of this contract, to waive

claims against the Government and the Government’s Related Entities; however, the Government

does not waive such claims against Passengers or Commercial Cargo Customers.

(e) Clause H. 18 of this contract requires the Contractor to obtain a Federal Aviation

Administration (FAA) license, in accordance with 51 U.S.C. 50901 et seq., for Launch and

Reentry Services performed under CLIN 002 missions. The waivers of claims in this clause H.5

shall apply to CLIN 001 activities. The waivers of claims also shall apply to CLIN 002 activities,

except that the waiver of claims between the Government and the Contractor under paragraph (d)

shall not be applicable for CLIN 002 Launch Services and Reentry Services that are subject to the

FAA license.

(f) The Contractor shall maintain insurance, or demonstrate financial capability to compensate,

for damages (as defined in paragraph (b)(2)(ii)) to U.S. Government property, except for: (a)

damage to all on orbit ISS structures, modules, and systems required for functionality of the ISS,

during Launch Services, Reentry Services, or transportation to, from, in proximity of, or docking

with the ISS under this contract; and (b) damage or loss resulting from the willful misconduct of

the Government or its employees. For purposes of this paragraph (f), “preparation” of a Launch

Vehicle or Transfer Vehicle includes test, assembly, integration or operations of the Launch

Vehicle, Transfer Vehicle or their Payloads on a Government installation. Such insurance shall

be an amount up to $100 million, or the maximum amount available in the market at reasonable

cost, subject to approval by the Contracting Officer. Financial capability, if authorized by the

Contracting Officer, shall be in the amount of $100 million. The Contractor shall provide

acceptable evidence of the insurance or financial capability to the Contracting Officer, subject to

Contracting Officer approval. Insurance policies shall name the United States Government as an

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additional insured party. Once approved by the Contracting Officer, insurance policies may not

be modified or canceled without the prior, written approval of the Contracting Officer.

(End of Clause)

H.6 NFS 1852.223-74 DRUG- AND ALCOHOL-FREE WORKFORCE (MARCH 1996)

(a) Definitions. As used in this clause the terms "employee," "controlled substance,"

"employee in a sensitive position," and “use, in violation of applicable law or Federal

regulation, of alcohol” are as defined in 48 CFR 1823.570-2.

(b) (1) The Contractor shall institute and maintain a program for achieving a drug-and alcohol-free

workforce. As a minimum, the program shall provide for preemployment, reasonable suspicion,

random, post-accident, and periodic recurring (follow-up) testing of Contractor employees in

sensitive positions for use, in violation of applicable law or Federal regulation, of alcohol or a

controlled substance. The Contractor may establish its testing or rehabilitation program in

cooperation with other Contractors or organizations.

(2) This clause neither prohibits nor requires the Contractor to test employees in a foreign

country. If the Contractor chooses to conduct such testing, this clause does not authorize the

Contractor to violate foreign law in conducting such testing.

(3) The Contractor's program shall test for the use of marijuana and cocaine. The Contractor's

program may test for the use of other controlled substances.

(4) The Contractor's program shall conform to the "Mandatory Guidelines for Federal

Workplace Drug Testing Programs" published by the Department of Health and Human Services

(59 FR 29908, June 9, 1994) and the procedures in 49 CFR part 40, "Procedures for Transportation

Workplace Drug Testing Programs," in which references to "DOT" shall be read as "NASA", and

the split sample method of collection shall be used.

disqualification, or dismissal of any employee in a sensitive position in any instance where a test

conducted and confirmed under the Contractor's program indicates that such individual has used,

in violation of applicable law or Federal regulation, alcohol or a controlled substance.

(2) The Contractor's program shall further prohibit any such individual from working in a

sensitive position on a NASA contract, unless such individual has completed a program of

rehabilitation described in paragraph (d) of this clause.

(3) The Contractor's program shall further prohibit any such individual from working in any

sensitive position on a NASA contract if the individual is determined under the Contractor's

program to have used, in violation of applicable law or Federal regulation, alcohol or a controlled

substance and the individual meets any of the following criteria:

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(i) The individual had undertaken or completed a rehabilitation program described in

paragraph (d) of this clause prior to such use;

(ii) Following such determination, the individual refuses to undertake such a

rehabilitation program;

(iii) Following such determination, the individual fails to complete such a rehabilitation

program; or

(iv) The individual used a controlled substance or alcohol while on duty.

(d) The Contractor shall institute and maintain an appropriate rehabilitation program which shall,

as a minimum, provide for the identification and opportunity for treatment of employees whose

duties include responsibility for safety-sensitive, security, or National security functions who are

in need of assistance in resolving problems with the use of alcohol or controlled substances.

(e) The requirements of this clause shall take precedence over any state or local Government laws,

rules, regulations, ordinances, standards, or orders that are inconsistent with the requirements of

this clause.

(f) For any collective bargaining agreement, the Contractor will negotiate the terms of its program

with employee representatives, as appropriate, under labor relations laws or negotiated

agreements. Such negotiation, however, cannot change the requirements of this clause.

Employees covered under collective bargaining agreements will not be subject to the requirements

of this clause until those agreements have been modified, as necessary; provided, however, that if

one year after commencement of negotiation the parties have failed to reach agreement, an

impasse will be determined to have been reached and the Contractor will unilaterally implement

the requirements of this clause.

(g) The Contractor shall insert a clause containing all the terms of this clause, including this

paragraph (g), in all subcontracts in which work is performed by an employee in a sensitive

position, except subcontracts for commercial items (see FAR Parts 2 and 12).

(End of Clause)

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H.7 SPECIAL STUDIES TASK ORDERING PROCEDURES (APPLICABLE TO

CLIN 003 ONLY)

If the Government issues a Request for Special Studies Task Order Proposal or a modification to a

task order, the Contractor shall utilize the fully burdened labor rates shown in Table B.5.1, Special

Studies Labor Rates, and other data defined in clause G.9, Requirements for Data Other than

Certified Cost or Pricing Data, as required per the Contracting Officer, for pricing task orders.

The Contracting Officer will use this data to determine if the proposed prices for any task orders

are fair and reasonable in accordance with FAR 15.4. The types of data other than certified cost

and pricing data that may be required to be included in the proposal associated with these task

orders could include:

(a) Prior sales, catalog pricing and discounts.

(b) Other information such as: hours by labor category, historical, current and projected labor

hours and rates, prime Contractor and subcontractor cost/price analyses, or historical material

(non-labor) purchases.

Pricing Data.

(End of Clause)

H.8 POST CERTIFICATION MISSION TASK ORDERING PROCEDURES

(APPLICABLE TO CLIN 002)

(a) Requirements for Competition.

In the event that two (2) or more commercial crew transportation contracts are awarded, a fair

opportunity to be considered for task orders issued under this contract based upon the specific task

order requirements will be provided, unless the Contracting Officer determines that one of the

following apply:

(1) The Agency need is of such urgency that competing the requirements among Contractors

would result in unacceptable delays;

(2) Only one Contractor is capable of providing the service at the level of quality required

because the service ordered is unique or highly specialized;

(3) The order must be issued on a sole-source basis in the interest of economy and efficiency

because it is a logical follow-on to an order issued under the contract, provided that all Contractors

were given a fair opportunity to be considered for the original order; or

(4) It is necessary to place an order to satisfy the minimum guarantee per clause B.4, Post

Certification Missions (IDIQ) (CLIN 002).

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(b) Task Ordering Information Applicable to Post Certification Mission Task Orders.

(1) Prior to the issuance of a request for proposal applicable to a Post Certification Mission

Task Order, exchanges and fact-finding may take place with Contractor(s). The request for a task

order proposal will provide any special instructions regarding the level of detail required in the

proposal. The request will include a date and time for submission of the proposal. Proposals

will be due within thirty (30) calendar days from the date of the proposal request unless stated

otherwise.

(2) The Contractor, when submitting a Post Certification Mission Task Order Proposal, shall

indicate that the proposal is compliant with the contract terms, statement of work, and the specific

requirements contained in the Task Order Request for Proposal, and shall include the following at

a minimum:

(i) A DRD 202 Post Certification Mission (PCM) Work Plan anchored to the PCM

mission launch date and landing date specified by the Government.

(ii) A DRD 201 Mission Integration and Operations Management Plan (MIOMP).

(iii) Any feedback to the NASA proposed mission success criteria and specific

percentages of the final payment (reference clause H.21, Post Certification Mission Success

Determination).

(iv) Any Contractor proposed mission objectives above PCM objectives and

manifesting requirements specified by the Government.

(3) Mandatory Proposal Submission.

Unless otherwise agreed to by the Contracting Officer, it is mandatory for contract holders under

multiple award to respond to each Request for Post Certification Mission Task Order Proposal

provided these requirements are identified in the schedule and do not conflict with the contract

ordering limitations.

(4) All competitive Post Certification Mission Task Order Proposals shall be submitted by

the date and time specified in the request, or it will be treated as a late proposal in accordance with

FAR 52.215-1(C)(3), Instructions to Offerors – Competitive Acquisition. The Contracting

Officer will evaluate a Task Order proposal per the evaluation criteria stated in the Request for

Task Order Proposal. Each Request for Task Order Proposal will use evaluation criteria tailored

for the specific mission, but will at a minimum include technical approach and price.

(5) Award of Task Orders.

Each of the Contractors will be notified of NASA’s award of a Task Order. Pursuant to FAR

16.505(a)(10), no protest under Subpart 33.1 is authorized in connection with the issuance or

proposed issuance of an order under a task-order contract or delivery-order contract, except

for—(A) A protest on the grounds that the order increases the scope, period, or maximum value of

the contract; or (B) A protest of an order valued in excess of $10 million. Protests of orders in

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excess of $10 million may only be filed with the Government Accountability Office, in

accordance with the procedures at Subpart 33.104.

Pursuant to FAR 16.505(b)(1)(iv), for task or delivery orders in excess of $5 million, the

requirement to provide all awardees a fair opportunity to be considered for each order shall include

an opportunity for a post-award debriefing in accordance with FAR 16.505(b)(6).

(End of Clause)

H.9 REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFEROR

The completed provision FAR 52.204-8, Annual Representations and Certifications, including

any amended representation(s) made at paragraph (b) of the provision; and other representations,

certifications and other statements contained in Section K completed and submitted as part of the

offer dated July 7, 2014, are hereby incorporated by reference in this resulting contract.

(End of Clause)

H.10 [RESERVED]

H.11 UNITED STATES COMMERCIAL PROVIDER AND DOMESTIC SOURCE

CRITERIA

The Contractor shall perform as a United States Commercial Provider per paragraph (a) and meet

the domestic source criteria per paragraph (b). Failure to comply with these criteria during the

performance of this contract may be grounds for termination in accordance with the Default

clauses in I.2.

(a) “United States commercial provider” means a commercial provider, organized under the laws

of the United States or of a State, which is—

(1) more than 50 percent owned by United States nationals; or

(2) a subsidiary of a foreign company and the Secretary of Transportation finds that—

(i) such subsidiary has in the past evidenced a substantial commitment to the United

States market through—

(A) investments in the United States in long-term research, development, and

manufacturing (including the manufacture of major components and subassemblies); and

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(B) significant contributions to employment in the United States; and

(ii) the country or countries in which such foreign company is incorporated or organized,

and, if appropriate, in which it principally conducts its business, affords reciprocal treatment to

companies described in subparagraph (a)(1) comparable to that afforded to such foreign

company's subsidiary in the United States, as evidenced by—

(A) providing comparable opportunities for companies described in subparagraph

(a)(1) to participate in Government sponsored research and development similar to that authorized

under this Act;

(B) providing no barriers, to companies described in subparagraph (a)(1) with

respect to local investment opportunities, that are not provided to foreign companies in the United

States; and

of companies described in subparagraph (a)(1).

(b) The Contractor shall produce in performance of this contract a Crew Transportation System

(CTS) that is a domestic end product. The CTS intended for this contract, as carried through

production for the provision of service missions, shall be a domestic end product only if the cost of

its components, mined, produced or manufactured in the United States exceeds 50 percent of the

cost of all its components. The cost of each component includes transportation costs to the place

of incorporation into the CTS and any applicable duty (whether or not a duty-free entry certificate

is issued). “Components” as used in this clause, means those articles, materials and supplies

directly incorporated into the design of the end product.

(End of Clause)

H.12 GOVERNMENT FURNISHED SERVICES AND DATA

The Government will furnish the following services and data to the Contractor on a

no-charge-for-use basis to the extent reasonably necessary for the Contractor to fulfill its

contractual obligations:

(a) The Government will provide Tracking and Data Relay Satellite System (TDRSS) and NASA

Integrated Services Network (NISN) support over existing assets for tracking and recovery during

the performance of flight tests and Post Certification Missions. The Contractor shall optimize the

use of TDRSS and limit the Single Access (SA) to critical operations such as system check-out,

critical maneuvers, and proximity rendezvous operations. The Contractor shall identify, with

reasonable notice, their request for this service with rationale describing the required usage within

their mission profile. Standard routing of data will be at NASA’s discretion depending on the

location of the customer control center in order to achieve the most efficient and cost effective

routing.

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(b) The Government will make available the NASA Docking System (NDS) data per the schedule

below:

(1) The preliminary build-to-print package will be available by November 2014.

(2) The final build-to-print package will be available by June 2016.

(3) The Mass Simulator build-to-print will be available by August 2014.

(End of Clause)

H.13 REMOTELY SENSED DATA

The Contractor consents to the U.S. Government collecting remotely sensed data related to its CTS

vehicles and to use such data for U.S. Government purposes. The remotely sensed data may be

used, modified, reproduced, released, performed, displayed, or disclosed within the Government

under suitable protective conditions. The Government may not, without written permission, of

the Contractor, release or disclose the data outside the Government, except as otherwise required

by law, use the technical data for manufacture, or authorize the technical data to be used by a party

outside the Government. The remotely sensed data may be shared with, released to, or otherwise

disclosed to the Contractor.

(End of Clause)

H.14 USE OF GOVERNMENT PROPERTY, FACILITIES, ASSETS, OR SERVICES

This clause applies to any Government support, including property, facilities, assets, or services,

not otherwise provided for under this contract whether obtained from NASA or another

Government Agency.

(a) Support obtained from a Government Agency other than NASA.

(1) The Contractor shall obtain and maintain any necessary contracts or agreements between

the Contractor and any Government Agency authorizing the use of Government property,

facilities, assets or services in performance of this contract (except as may be expressly stated in

this contract as furnished by the Government). The Contractor shall be responsible to arrange any

contracts or agreements outside of this contract as it deems appropriate. The terms and conditions

of such contracts or agreements will govern the use of those Government resources. Any costs

associated with such contracts or agreements shall result in no increase in the price of this contract.

All remedies to disputes or performance issues shall be resolved in accordance with the terms and

conditions of those contracts or agreements. The Contractor shall notify the Contracting Officer

Representative (COR), or designee, of any contracts or agreements between the Contractor and

any Government Agency under this paragraph (a).

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(2) NASA makes no warranty whatsoever as to the availability or suitability for use of

Government property, facilities, assets, or services made available by another Government

Agency under the terms and conditions of other contracts or agreements. The Contractor assumes

all responsibility for determining the suitability for use of all property, facilities, assets, or services

acquired or made available to the Contractor by a Government Agency under other contracts or

agreements. The Contractor further acknowledges and agrees that any use of such Government

property, facilities, assets, or services shall not relieve the Contractor of full performance

responsibility under the contract.

(b) Support obtained from a NASA Center or Component Facility.

(1) Except as may be expressly stated in this contract as furnished by the Government, the

Contractor shall obtain use of any Government property, facilities, assets or services available

from a NASA Center or Component Facility (a “Performing Organization”) for performance of

this contract through the use of an appropriate Task Plan. For Task Plan reference instructions,

the Contractor shall contact the Performing Organization Point of Contact (POC). The

Contractor shall be responsible for obtaining, negotiating and documenting all Task Plans with the

Performing Organization. The Contractor shall be responsible for any costs associated with

property, facilities, assets, or services provided by a Performing Organization under a Task Plan

and such costs shall result in no increase in the price of this contract. The Contractor shall notify

the Contracting Officer Representative (COR), or designee, of any Task Plans between the

Contractor and a Performing Organization under this paragraph (b).

(2) NASA makes no warranty whatsoever as to the availability or suitability for use of

property, facilities, assets, or services made available by a Performing Organization under a Task

Plan. The Contractor assumes all responsibility for determining the suitability for use of all such

property, facilities, assets, or services, including technical suitability, schedule availability and

cost. The Contractor further acknowledges and agrees that any use of Government property,

facilities, assets, or services under a Task Plan shall not relieve the Contractor of full performance

responsibility under the contract.

(3) Any implementation issues or disputes arising under a Task Plan shall be referred for

resolution to the Points of Contact, or if necessary the signatories, identified in the Task Plan.

(End of Clause)

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H.15 GOVERNMENT INSIGHT

(a) Introduction

(1) Government insight provides NASA Commercial Crew Program (CCP) and ISS

Program Management an understanding of the Contractor’s activities to assess the status, critical

paths, and risk associated with successfully completing contract requirements, achieving final

certification, and successfully completing Post Certification Missions. Government insight will

include: Insight, Quality Assurance function, and Joint Test Team (JTT) participation as defined

below.

(2) Government insight is defined as gaining an understanding of the Contractor’s activities

and data through an effective working relationship, inspections and interactions, without approval

or disapproval authority, and provides information for the eventual certification approval.

(i) This clause describes the intended primary working-level interface between the

Contractor and the Government during execution of this contract. It is intended to facilitate an

exchange of information adequate for nominal activities.

(ii) The Government reserves the right to implement remedies for nonconforming

services or work. These remedies are described in clause E.2 52.246-4 Inspection of Services and

Research and Development Work - Fixed-Price (Deviation).

(3) The Contractor shall ensure the Government has insight, into all subcontractors and

suppliers performing or supporting any critical work associated with this contract.

(4) Details of the Contractor’s approach to insight to accomplish items (a)(1), (a)(2) and

(a)(3) above shall be implemented in accordance with DRD 001 Insight Implementation Plan.

(b) Notification

The Contractor shall notify the Commercial Crew Program designee of technical meetings, control

boards, reviews, tests, and areas identified for Government Quality Assurance associated with

certification and Post Certification Mission activities in the mutually agreed timeframe to permit

meaningful Government participation through the entire event, in accordance with DRD 001

Insight Implementation Plan.

(1) The Contractor shall provide the Government and its support services contractor(s),

under suitable protective conditions, access to all Contractor activities associated with certification

and Post Certification Mission activities under this contract. Activities include, but are not

limited to CCT-PLN-1100, Crew Transportation Plan, Appendix C, Insight Areas.

(2) The Contractor shall provide the Government and its support services contractor access

to all data used in performance of this contract, including but not limited to, data associated with

areas of insight identified in CCT-PLN-1100 Appendix C and supporting data/information, and

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administrative and management information with the exception of financial information; and any

other information, not used in performance of the contract, related to the Crew Transportation

System (CTS) design, production, and operations to include technical data, supporting

data/information, and administrative and management information with the exception of financial

information.

(3) At a minimum, access to data is the ability for Government and its support services

contractor personnel, both remotely and on-site at the Contractor’s facilities, to locate and review

all data (as defined in (4) directly below) in a useable and readable format.

(4) The Government may use the data to which it has access under this provision solely for

the purposes specified in paragraph (a)(1).

(5) The Contractor shall provide office space co-located on-site, badging, furniture,

telephones, and use of easily accessible fax, data lines, and copy machines, for full-time and

temporary Government personnel and its support services contractor performing insight activities,

in accordance with DRD 001 Insight Implementation Plan.

(d) Joint Test Team Activities

(1) The JTT-related activities will be Contractor-led (reference CCT-PLN-1120, Crew

Transportation Technical Processes, Section 5.3, Flight Test), and shall include active and steady

state Government participation both on site and remotely. The Contractor shall accommodate

Government personnel who will provide embedded insight during the activities identified in (d)

(2). Government JTT members will not provide direction to Contractor personnel on design

changes or procedures, or any other aspect of CTS development, production, or operation.

Government JTT members provide insight only, and will not approve or disapprove any aspect of

the Contractor’s CTS design or performance of the contract. Any action(s) taken by the

Contractor in response to any direction given by any person other than the Contracting Officer

shall be at the Contractor’s risk. The JTT will provide a formal, unambiguous, programmatic

structure for Government operationally focused input to the Contractor. In addition, the

Government lead on the JTT will provide integrated, consolidated operations insight to the CCP.

By its structure, the JTT will prevent unintended, informal Government inputs to the Contractor.

To the maximum extent possible, the JTT will work together and strive to resolve operational

issues at the lowest level.

(2) The Government's JTT insight activities will focus on qualitative assessments of crew

operational interfaces with the vehicle and human-in-the-loop assessments of operational

suitability. These assessments will include, but are not limited to vehicle handling qualities,

situational awareness, workload and operational complexity, usability, cockpit layout, displays

and controls, and flight crew suits. In addition, insight will occur through participation during the

planning and build up phase of ground testing (e.g., simulator training and evaluations, mockup

demonstrations, etc.), during test flights, and during the post-test flight evaluation process.

Insight gained through integrated operations assessments will ultimately feed into NASA’s

verification approval decisions (before test flight) and validation approval decisions (post test

flight).

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(e) Government Quality Assurance (GQA) Functions

(1) The Government will perform the following quality assurance functions: Product

Examination, Process Witnessing, Record Review, Surveillance, and Audit.

(2) GQA functions will be performed for all safety-critical items/processes/products

identified by a risk based analysis (RBA). A RBA is an iterative analysis based on a

comprehensive understanding of the design, development, testing, critical manufacturing /

assembly processes, and operations used to identify areas of risk. The Contractor shall support

the RBA, by providing technical expertise, as required. The definition of safety critical is found

in CCT-REQ-1130, ISS Crew Transportation and Services Requirements Document, and SSP

50808, ISS to Commercial Orbital Transportation Services (COTS) Interface Requirements

Document (IRD).

(f) Result of Insight

(1) Insight should result in an effective working relationship between the Government and

the Contractor leading to a NASA certification of the Contractor’s CTS. Should insight and/or

JTT participation identify non-compliance with CCT-REQ-1130, CCT-PLN-1120, and/or SSP

50808; the terms and conditions of the contract; or a difference in interpretation of test results; or

disagreement with the Contractor’s technical approach; the Government insight team will elevate

the issue through the appropriate CCP boards. Through an effective, functioning relationship, the

Government and Contractor should strive to resolve issues at the lowest working level and

minimize issues elevated to program boards. Program boards will disposition recommendations

in a timely manner and provide oversight resolution if necessary. Resulting board decisions and

direction will be transmitted to the Contractor through the Contracting Officer. If disposition

results in a requirement change, the change clause (I.2, FAR 52.243-1, Changes-Fixed Price)

would take effect. If the Contractor and Contracting Officer disagree on whether the board

disposition provided is within the requirements of the contract, the disputes clause (I.2, FAR

52-233-1, Disputes-Alternate I) is applicable.

(2) The data generated as a result of Government insight may be used, modified, reproduced,

released, performed, displayed, or disclosed within the Government and its support service

contractors under suitable protected conditions. The Government may not, without written

permission of the Contractor, release or disclose the data outside the Government, except as

otherwise required by law, use the technical data for manufacture, or authorize the technical data to

be used by a party outside the Government.

(g) Contractor Responsibility

Notwithstanding the insight set forth in this Clause, the Contractor assumes full performance

responsibility as set forth in this contract. The Government’s insight or JTT participation under

his clause shall not be construed as authorization, endorsement or approval of milestones,

certification or final acceptance or rejection of Post Certification Mission success.

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(End of Clause)

H.16 NEW ENTRANT

(a) The purpose of this clause is to notify the Contractor that NASA may conduct a subsequent

competition due to the loss of an existing CTS provider or if there are additional future NASA

requirements for certified crew transportation. NASA will determine if these conditions are met

prior to synopsizing and conducting a New Entrant competition. New entrants may compete for all

task orders under this contract.

(b) The Government reserves the right to issue a solicitation in the future to seek an additional

source(s) for the same or similar efforts/services.

(End of Clause)

H.17 PUBLIC AFFAIRS

(a) It is anticipated that the Contractor will execute media events to cover major contract activities.

The Contractor may, consistent with Federal law and this Contract, release general information

regarding its activities conducted within the scope of the Contract:

(1) The Contractor will coordinate with the NASA Public Affairs Office (PAO) at Kennedy

Space Center in a timely manner prior to major media releases, media interviews, news

conferences, contingency statements, media scouts, photo opportunities and film crew activities

regarding NASA CCtCap-related efforts.

(2) The use of any direct quote by a NASA official shall be submitted for NASA

concurrence to ensure accuracy prior to its release.

(3) NASA will coordinate, with the Contractor, public releases of information to obtain

comments and technical corrections related to the Contractor’s CCtCap-related efforts prior to

NASA’s release of information to the public. The Contractor shall use its best efforts to provide

its review and comments back to NASA within five (5) days of the request. If comments are not

provided within the five (5) day time period, the submitted content will be considered acceptable

for release. For breaking news items, there may be a need for more timely release of information

to the public in which case the Government PAO team will coordinate with the Contractor for

imminent release.

(4) The Contractor shall assist the NASA PAO in developing the mission commentary for

NASA Television by furnishing CTS background material.

(5) The Contractor may also be requested to provide information to support the development

of press kit documents and NASA news conferences.

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(6) At a minimum of forty-five (45) days in advance, the Contractor shall work with the

COR to coordinate any public affairs requirements for any launches, landings, major milestones

and tests under this contract.

(7) If the Contractor has knowledge that the press is inquiring about an event that meets

criteria in paragraph (b) of clause H.26, Mishap Reporting, the Contractor shall promptly notify

the Contracting Officer, or designee, of the event. The Contracting Officer, or designee, will

facilitate access to NASA Public Affairs. NASA Public Affairs will work with the Contractor to

generate a coordinated response to the Press and the public.

(b) The Contractor shall protect NASA crew member’s audio and imagery for all contract

activities in accordance with SSP 50521, Return, Processing, Distribution and Archiving of

Imagery Products from the ISS, to protect NASA crew member privacy. For downlinked audio

and imagery, the Contractor shall route the data in real-time to the NASA Mission Control Center.

NASA will monitor feed(s) and instruct the Contractor to remove the feed from release to the

public in the event of a privacy concern. For imagery and audio recorded during flight operations

and recovered post-flight, the Contractor shall send a copy of the data to NASA for review. The

Contractor shall not release any video and/or audio with NASA crew members in view until the

NASA review is complete. NASA will inform the Contractor if any data is restricted. Restricted

data cannot be released by the Contractor, either internally or externally, or used in any way. Data

that does not contain NASA crew members may be used by the Contractor after proper

coordination in accordance with paragraph (a) above.

the letters "NASA" in connection with a product or service in a manner reasonably calculated to

convey any impression that such product or service has the authorization, support, sponsorship, or

endorsement of NASA, which does not, in fact, exist. In addition, the Contractor shall submit in

advance any proposed public use of the NASA name or initials for NASA review and approval.

NASA approval shall be based on applicable law and policy governing the use of the NASA name

and initials. NASA’s approval will not be unreasonably withheld. Use of NASA

emblems/devices (i.e., NASA Seal, NASA Insignia, NASA logotype, NASA Program Identifiers,

and the NASA Flag) is governed by 14 C.F.R. Part 1221. The Contractor shall not publicly use

such emblems/devices without prior NASA review and approval in accordance with such

regulations.

(d) NASA does not endorse or sponsor any commercial product, service, or activity. NASA's

certification of the CTS under this Contract does not constitute certification or endorsement by

NASA that the CTS is safe for public transportation of humans to Low Earth Orbit. NASA’s CTS

certification means the Contractor’s CTS has met NASA’s safety requirements for transporting

NASA or NASA-sponsored crew to the ISS. The Contractor agrees that nothing in this Contract

will be construed to imply that NASA authorizes supports, endorses, or sponsors any product or

service of the Contractor resulting from activities conducted under this Contract.

(End of Clause)

H.18 LICENSES, PERMITS, AND OTHER AUTHORIZATIONS FOR A LAUNCH OR

REENTRY SERVICE OPERATOR

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The Contractor shall obtain and maintain the necessary licenses, permits and clearances that may

be required by the Department of Transportation, Department of Commerce, Department of

Defense, NASA, or other Governmental agencies in order to provide flight tests and Post

Certification Missions under this contract. The Contractor shall obtain a Federal Aviation

Administration license, in accordance with 51 U.S.C. Section 50901 et seq., for launch and reentry

operations performed under CLIN 002, Post Certification Missions (PCM), of this contract. All

costs and fees associated with obtaining licenses, permits and clearances are included in the

standard prices identified for CLIN 001, DDTE/Certification, in Table B.3, DDTE/Certification

SubCLINs (CLIN 001), and for CLIN 002 in Table B.4.1, Post Certification Mission Prices (CLIN

002).

The Contractor shall meet all contract requirements, in addition to all requirements necessary to

obtain and maintain licenses, permits and clearances. In the event conflicts arise, the Contractor

is responsible for resolving the conflict and shall immediately notify the Contracting Officer of the

conflict and shall describe the methods the Contractor used to try to resolve the conflict.

(End of Clause)

H.19 POST CERTIFICATION MISSION PAYMENTS, MILESTONES AND

AUTHORITY TO PROCEED (ATP) CRITERIA

(a) Post Certification Mission (PCM) task orders may be awarded prior to completion of CLIN

001, DDTE/Certification. However, the Contractor shall meet the following development-related

criteria before NASA will grant Authority to Proceed (ATP) with such missions. ATP for PCMs

is at NASA’s sole discretion and is dependent on meeting the criteria. Specific mission objectives

and target launch date are provided by NASA.

Table H.19.1: ATP Criteria

Post Certification

Mission Number

ATP Criteria

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The following constraints apply to ATP criteria:

(1) A maximum of two (2) PCMs can be ordered prior to completion of the ISS Design

Certification Review (ISS DCR).

(2) Prior to the first PCM ATP, the Certification Baseline Review (CBR) and one or more

interim milestones, from Attachment J-03, Appendix A, Milestone Acceptance Criteria and

Payment Schedule, representing work culminating in a significant design review between CBR

and the first DCR must be successfully completed. These interim milestones ensure the detailed

design will satisfy the requirements with adequate margins, are sufficiently mature to proceed with

fabrication, assembly, integration, and test, and the product verification and product validation

plans are complete.

(b) Post certification mission payments will be based upon successful completion of approved

milestone schedule and acceptance criteria defined in the Contract PWS and developed per the

DRD 202 Post Certification Mission (PCM) Work Plan. NASA has up to thirty (30) calendar

days to determine whether the performance of the Mission Milestone Review (per Table H.19.2,

Mission Milestone Review Payment Schedule) satisfies the approved criteria.

payments made in accordance with FAR 52.232-32, Performance Based Payments. Milestone

payments once made are subject to repayment by the Contractor if the conditions defined in FAR

52.232-32 (j), Special terms regarding default, apply.

(d) Table H.19.2 identifies the Mission Milestone Reviews required under the contract which are

to be included by the Contractor in the DRD 202 Post Certification Mission Work Plan.

Table H.19.2: Mission Milestone Review Payment Schedule

Mission

Level

Milestone

Mission Milestone Reviews Amount (%

of Standard

Mission Price)

PCM 1

Amount (%

of Standard

Mission Price)

PCM 2 and

subsequent

missions

(e) PCM task order payment constraints: The total PCM task order payments made prior to and

including:

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(1) The completion of the SubCLIN 001A, ISS Design Certification Review (ISS DCR),

(associated with the required crewed flight test to ISS; see Attachment J-03, Appendix A) shall not

exceed 20% of the total price of the mission.

(2) The completion of the Vehicle Baseline Review (VBR) shall not exceed 30% of the total

price of the mission.

(3) The completion of the Mission Integration Review (MIR) shall not exceed 50% of the

total price of the mission.

(4) The completion of the SubCLIN 001B, Certification Review (CR), (see Attachment J-03,

Appendix A) shall not exceed 60% of the total price of the mission.

(5) The completion of the NASA Flight Readiness Review (FRR) shall not exceed 75% of

the total price of the mission.

(6) The final milestone payment must equal at least 10% of the price of the mission.

(f) Payment schedules may be deferred or canceled by NASA if the Contractor fails to make

substantial progress in accomplishing DDTE/Certification and Post Certification Mission major

milestone events.

(g) In the event of a mission schedule adjustment by NASA or Contractor in accordance with

clause H.20, Adjustments to Post Certification Mission Schedule, the payment schedule for the

applicable mission shall be postponed for the length of the delay, if necessary, to correspond with

the new delivery date and the milestone events in the DRD 202 Post Certification Mission

(PCM) Work Plan. The requirement to make substantial progress in general conformance with

the Post Certification Mission Work Plan, however, is not waived for any postponement of the

mission.

(End of Clause)

H.20 ADJUSTMENTS TO POST CERTIFICATION MISSION SCHEDULE

(a) This clause covers launch delays at the convenience of NASA and the Contractor. The

provisions of this clause do not apply to circumstances arising under clause H.23 (d), Non-NASA

Passengers, Cargo and Payloads, related to requested delays to accommodate Contractor’s

passengers or non-NASA cargo or payloads.

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(b) Task orders issued to Contractors are intended to require Post Certification Missions to ISS

with limited flexibility to adjust launch dates. To provide flexibility to both the Contractor and

NASA, a standard launch window will be established for each planned Post Certification Mission.

Authorization to Proceed (ATP) is formal written direction from the Contracting Officer that

authorizes the Contractor to proceed with the work detailed within a DRD 202 Post Certification

Mission Work Plan. The standard launch window will be created by NASA establishing an

initial window for each mission at ATP. Thereafter, with mutual agreement between the

Contractor and NASA, the launch window will be reduced according to the table below.

Table H.20.1: Launch Windows for PCM ATP Prior to ISS DCR*

Months Prior to Launch Date –

First Day to Last Day

Standard Launch

Window (Days)

ATP through L-13m 90d

L-13m through L-4m 30d

L-4m through Launch 7d

Table H.20.2: Launch Windows for PCM ATP After ISS DCR*

Months Prior to Launch Date –

First Day to Last Day

Standard Launch

Window (Days)

ATP through L-13m 30d

L-13m through Launch 7d

*ISS DCR is the DCR for the crewed flight to ISS

Schedule, NASA and the Contractor shall review the window established and mutually agree on

the next reduced launch window corresponding to the Tables H.20.1 and H.20.2.

(d) For PCM(s) ordered prior to completion of SubCLIN 001A, ISS DCR, Table H.20.1, Launch

Windows for PCM ATP Prior to ISS DCR, each party, NASA or Contractor, may request a

cumulative maximum delay of thirty (30) calendar days per mission regardless of fault without a

change in the fixed price of the mission.

(e) If either NASA or Contractor desires a change to the launch date, NASA or the Contractor will

give written notice of the desired change. Any request for changes to the launch date should be

submitted within twenty-four (24) hours of identifying the need to request a change in the launch

date. For any request for changes to launch date submitted greater than one month prior to

launch, NASA and the Contractor shall reach mutual agreement on a new launch date within

fourteen (14) days of the request. Any requests for changes to the launch date submitted between

one (1) month prior to launch and launch day shall be a priority and resolved as soon as possible.

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If mutual agreement on the revised launch date cannot be reached, the Contracting Officer shall

have the right to unilaterally establish a new schedule.

(f) In the event of a NASA- or Contractor-requested delay of the launch window beyond the days

allowable in Table H.20.1 and paragraph (d) or Table H.20.2, Launch Windows for PCM ATP

After ISS DCR, the Contracting Officer shall direct the Contractor, in writing, of the revised launch

window. For a NASA requested delay, the Government will allow the Contractor to submit a

proposal for the effect of any delay beyond the days allowable on the task order price of all

affected PCMs, launch schedule, or other terms of the contract except for conditions defined in

clause H.23, Commercial Passengers, Cargo, and Payloads. For a Contractor requested delay,

NASA reserves the right to seek an equitable adjustment. Upon failure to agree to an adjustment,

the Contracting Officer shall have the right to unilaterally adjust the task order.

(g) There will be no basis for an equitable adjustment when the delay in delivery or performance

arises solely out of causes beyond the control of NASA or Contractor and not due to the fault or

negligence of NASA or Contractor. Such causes include, but are not limited to the following:

(1) Delays resulting from:

o Range Mission Rules and Range Launch Requirements (Mandatory and

Required Assets),

o acts of God,

o acts (including delay or failure to act) of any Governmental authority (De

Jure or De Facto),

o wars (declared or undeclared),

o riots,

o revolution,

o hijacking,

o fires,

o freight embargoes,

o sabotage,

o epidemics,

o strikes and

o interruptions of essential services such as electricity, natural gases, fuels

and water,

(2) or any condition which jeopardizes the safety of the employees of the Contractor,

NASA, or its subcontractors;

(3) or a CTS failure investigation, provided NASA retains its original position in the

order of the queue sequence and that all data related to the failure investigation is

made available to NASA without restriction.

(End of Clause)

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H.21 POST CERTIFICATION MISSION SUCCESS DETERMINATION

(a) Mission Success Criteria

(1) The Mission Success criteria will be defined on a per mission basis and agreed to by

NASA and the Contractor during the Task Ordering process.

(2) NASA will provide the initial mission success criteria and specific percentages of the

final payment earned for mission performance during the Task Ordering process. The final

payment is defined in clause H.19, Post Certification Mission Payments, Milestones and ATP

Criteria. Any revision to the criteria and payment percentage shall be agreed to at the Mission

Certification Review (MCR). In the event that an agreement cannot be reached, the Contracting

Officer will establish the criteria and payment percentage by the Flight Readiness Review. The

revised criteria will be incorporated into a Task Order revision. The MCR shall include

Contractor plans for providing data to confirm mission success as part of the post flight report.

(3) Mission Success Criteria will be established per the following guidelines:

(i) Criteria will consider the Contractor’s mission capabilities.

(ii) Criteria will consider the Contractor’s performance, independent of NASA’s.

(iii) Criteria will consider ascent aborts or earlier than pre-launch planned

End-Of-Mission timeframe, contingency spacecraft crew support, and inability to dock with the

ISS.

(4) Definitions.

(i) Full Mission Success - meeting all primary objectives and secondary objectives;

(ii) Mission Failure – loss of one or more primary objectives, serious injury or fatality

as defined in H.26, Mishap Reporting, or damage to the ISS;

(iii) Partial mission success – all primary mission objectives satisfied but loss of one or

more secondary mission objectives.

(b) Mission Success Determination

(1) Mission Success Determination will be made using the mission success criteria and the

corresponding data and parameters that are jointly agreed to by NASA and the Contractor.

(2) The Contractor shall submit the relevant data and parameters that provide the most

accurate information on performance of the mission success criteria, at the Mission Integration

Review (MIR). The types of data NASA would consider as relevant information include:

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(i) Vehicle data that represents critical systems for all flight phases (such as ascent,

approach, docking, mating, and entry).

(ii) Available launch and orbital vehicle data verifying DRD 203 Vehicle Interface

Definition Document (IDD) environments.

(iii) Closeout photos both on the ground and on orbit documenting CTS configuration at

launch and prior to landing per DRD 214 Imagery and Associated Cataloging.

(iv) Any supplemental data that may support the Contractor’s performance.

(3) If there is data that the Contractor requests NASA to provide (on orbit attached telemetry,

on orbit photos, etc.), the Contractor shall identify that prior to the MCR.

(1) The Contracting Officer determines unilaterally whether a mission is considered a

Mission Success, Partial Mission Success, or a Failed Mission. For partial mission success, the

percentage of the final payment earned is based on the agreed to mission success criteria defined in

section (a)(2) of this clause. Within fifteen (15) calendar days from receipt of the preliminary

DRD 209 Post-Flight Assessment Report, the Contracting Officer will either make the Mission

Success determination or inform the Contractor of NASA’s intent to partially withhold final

payment in the event of Partial Mission success, or withhold final payment in the event of a Failed

Mission. In the event of a failed mission determination, an additional 15% of the Post

Certification Mission (PCM) price shall be applied as a credit to another PCM, other in-kind

considerations determined by the parties, or be returned to the Government if it cannot be applied

to a subsequent PCM at the Government’s discretion. In the event of a Partial Mission Success or

a Failed Mission determination, the rights and remedies contained in this Clause are in lieu of any

rights and remedies in case of default applicable to this PCM only, including the rights and

remedies in clause 52.249-8 Default (Fixed-Price Supply and Service) and clause E.2, Inspection

of Services and Research and Development Work - Fixed-Price (Aug 1996) (Proposed Deviation),

paragraphs (g) and (h); FAR 52.232-32 (j) Special terms regarding default, and; NFS 1852.223-75

Major Breach of Safety or Security For all other activities under the contract not part of this PCM

task order, the Government reserves the right to terminate the contract for default in accordance

with FAR 52.249-8 Default (Fixed-Price Supply and Service). Remedies described in this

paragraph are available at Launch. Launch is defined as the intentional ignition of the first-stage

motor(s) of the launch vehicle intended to place or try to place a launch vehicle (which may or may

not include any payload or crew) from Earth:

(i) in a suborbital trajectory;

(ii) in Earth orbit in outer space;

(iii) or otherwise in outer space.

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(2) If NASA informs the Contractor it will partially withhold or withhold the final payment,

NASA will utilize the final DRD 209 Post-Flight Assessment and findings from the Contractor’s

investigation board to complete the NASA assessment. The Contracting Officer shall submit a

final determination of either Partial Mission Success or Failed Mission within one (1) week of the

NASA assessment. Any stop work order issued during a Mishap Investigation Board (MIB) or

similar Partial Mission Success/Failed Mission investigation shall not be subject to an equitable

adjustment by either party as provided for under clause H.20(g).

(d) Final Payment for Final Mission Success Determination

The amount of final payment will be based on mission success determination per the agreed

criteria and percentage of final payment.

(e) Acceptance

Final acceptance for any unsuccessful mission objectives of the crew transportation service will be

accomplished following the Contracting Officer’s mission success determination. The

Contracting Officer will notify the Contractor in writing of both Mission Success Determination

and Acceptance.

(End of Clause)

H.22 LIABILITY FOR THIRD PARTY CLAIMS

This contract clause applies to Third Party claims that arise out of the conduct of hazardous launch,

on-orbit, reentry, landing, recovery, and rescue activities under this contract which are not subject

to an FAA license pursuant to 51 U.S.C. Section 50901 et seq.. More specifically, this contract

clause allocates between the Government and the Contractor the risk of Third Party claims for

damage to or loss of property or personal injury or death arising from the burning, explosion,

detonation, combustion or impact of a launch vehicle, its payloads, spacecraft, or any components

thereof, from the time of preparation of a launch vehicle until landing and recovery.

(a) Definitions.

(1) Covered Activities: Any and all Hazardous Activities involved in the preparation of a

launch vehicle for launch and conduct of the launch, when those activities take place at a launch

site in the United States; any and all Hazardous Activities involved in on-orbit operations during

transportation to, from or in proximity with the International Space Station (ISS); any and all

Hazardous Activities involved in reentry of the spacecraft into the Earth’s atmosphere; any and all

Hazardous Activities involved in landing and recovery of the crew and spacecraft; and any and all

Hazardous Activities involved in rescue operations.

(2) Damages:

(i) Bodily injury or death; or

(ii) Damage to or loss of any real or personal property;

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(3) Hazardous Activities: any operation or other work activity that, without

implementation of proper mitigations, has a high potential to result in loss of life, serious injury to

personnel or public, or damage to property due to the burning, explosion, detonation, combustion

or impact of a launch vehicle, its payloads, spacecraft, or any components thereof, from the time of

launch until landing and recovery, or during rescue operations.

(4) Launch: The intentional ignition of the first-stage motor(s) of the launch vehicle

intended to place or try to place a launch vehicle (which may or may not include any payload or

crew) from Earth:

(i) in a suborbital trajectory;

(ii) in Earth orbit in outer space; or

(iii) otherwise in outer space.

(5) Launch Vehicle: a vehicle built to place a payload or human beings in outer space.

(6) Party or Parties: The Contractor or NASA, or both.

(7) Payload: All equipment that has been or will be integrated with the launch vehicle for

transportation into Earth orbit or escape trajectories.

(8) Preparation of a Launch Vehicle: begins with the arrival of a launch vehicle or payload

at a U.S. launch site, and entails critical steps preparatory to initiating launch.

(9) Reentry: The return or attempt to return a spacecraft and its payload and crew, if any,

from Earth orbit or from outer space to Earth.

(10) Related Party:

(i) Any of the Parties’ directors, officers, agents, or employees

(ii) Any of the Parties’ Contractors, subcontractors, or suppliers at any tier involved

directly or indirectly in the performance of this Contract

(iii) Any entity having any right, title or interest, whether through sale, lease or service

arrangement or otherwise, directly or indirectly, in the payload, the launch vehicle, the spacecraft,

or services related to launch, mission, landing, recovery or rescue operations.

A Related Party does not include Passengers and Commercial Cargo Customers, as defined in

clause H.23 of this contract.

(11) Spacecraft: A vehicle built to operate in outer space which transports or plans to

transport payloads or human beings to/from Earth orbit or escape trajectories.

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(12) Third Party: Any person or entity other than the Government, the Contractor and

Related Parties, but not including Passengers or Commercial Cargo Customers, as defined in

clause H.23 of this contract.

(b) Required Insurance or Demonstration of Financial Capability for Liability to Third Parties

(1) The Contractor shall continue in effect or acquire insurance, or demonstrate financial

capability to compensate, for claims by Third Parties for Damages arising in connection with the

Covered Activities under this contract. The amount of the insurance or financial capability shall

be the maximum amount available in the commercial marketplace at reasonable cost, but shall not

exceed $500 million for each test flight or mission, subject to approval by the Contracting Officer.

(2) The Contractor shall provide acceptable evidence to the Contracting Officer of required

insurance or financial capability no later than thirty (30) days prior to the beginning of the covered

activities. The amount of required insurance or financial capability, and the terms and conditions

for the insurance or financial capability, shall be subject to approval by the Contracting Officer.

Once approved, insurance policies and terms and conditions for maintaining financial capability

may not be modified or canceled without the prior, written approval of the Contracting Officer.

(3) Insurance policies shall name the United States Government and the Related Parties as

additional insured parties. Insurance policies shall attach no later than the arrival of the launch

vehicle at the launch site and shall remain in force for preparation of a launch vehicle until thirty

(30) days after landing and recovery.

(4) The foregoing requirement does not preclude the Contractor from acquiring or

continuing in effect any additional insurance to protect the interests of the Contractor, its Related

Parties or customers.

(1) NASA has determined that activities under this contract are conducted in performance of

its functions, as specified in 51 U.S.C. Section 20112(a). As a result, once the Contractor or its

insurers have paid out for Third Party claims up to the amount of insurance or financial capability

under paragraph (b), NASA will consider any additional Third Party claims for Damages arising

from Covered Activities in performance of this contract as claims against the United States under

the authority of 51 U.S.C. Section 20113(m). Such claims must be presented to NASA within

two (2) years after the incident out of which the claim arises.

(2) The Contractor or its insurers shall adjust, settle and pay meritorious and reasonable

Third Party claims against the Contractor and its Related Parties for Damages arising from

Covered Activities in performance of this contract up to the amount of insurance or financial

capability required in paragraph (b). If a Third Party claim (or multiple Third Party claims

resulting from a single event) exceeds the amount of insurance or financial capability required in

paragraph (b), the Contractor shall provide timely written notification along with all

documentation of the Third Party claim(s) to the Contracting Officer. To the extent NASA

determines that such Third Party claim(s) is meritorious, reasonable, and the cumulative costs of

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all such claims arising from a single incident is $25,000 or less, NASA shall reimburse the

Contractor. To the extent NASA determines that such Third Party claim(s) is meritorious,

reasonable, and the cumulative cost of all such claims arising from a single incident exceeds

$25,000, NASA will forward the claim(s) to the Secretary of Treasury for certification and

payment pursuant to 31 U.S.C. § 1304(a). The costs of the Third Party claim(s) are subject to the

availability of funds and the usual tests for allowability. The total of costs to pay for Third Party

claims resulting from a single event may be paid up to a limit of $1.5 billion (plus additional

amounts necessary to reflect inflation occurring after January 1, 1989) above the payments made

by the Contractor or its insurers for such claims. Payment(s) for a claim or cumulative claims

arising from a single event the sum total of which exceed the Contractor’s insurance or financial

capability amount, may be made only if the Contractor has provided notice to the Government

with the opportunity to participate or assist in the defense of the claim(s) or action. The NASA

Administrator must approve any part of a settlement to be paid out of appropriations of the

Government.

(3) In evaluating Third Party claims paid by the Contractor under this clause, NASA will

consider such a claim to be meritorious unless the claim represents:

(i) Liabilities for which the Contractor is otherwise responsible under the express

terms or conditions of the contract or a task order issued under this contract;

(ii) Liabilities for which the Contractor has failed to insure or has failed to maintain

insurance or financial capability as required by the Contracting Officer;

(iii) Liabilities for which the Contractor has not reasonably adjusted, settled, or paid on

a meritorious and reasonable basis;

(iv) Liabilities that result from willful misconduct, gross negligence, or lack of good

faith on the part of any of the Contractor’s directors, officers, managers, superintendents, or other

representatives who have supervision or direction of:

(A) All or substantially all of the Contractor’s business;

(B) All or substantially all of the Contractor’s operations at any one plant or

separate location in which this contract is being performed; or

performance of this contract;

(v) Liabilities that arise from the willful misconduct or gross negligence of the

Claimant or, in the case of a claim based on death, the claimant’s estate;

(vi) Liabilities that arise from the conduct, negligence, or failure to act of Passengers,

as defined in clause H.23 of this contract; or.

(vii) Liabilities that arise from Non-NASA Cargo or Payloads, as defined in clause

H.23 of this contract.

(End of Clause)

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H.23 NON-NASA PASSENGERS, CARGO AND PAYLOADS

This clause is applicable to CLIN 002 Post Certification Mission (PCM) task orders. The

requirements of a specific PCM will be established by NASA in the task order in accordance with

clause H.8, Post Certification Mission Task Ordering Procedures (Applicable to CLIN 002). If

NASA determines, in its sole discretion, that its requirements can be met without using the full

capacity of the CTS, NASA may notify the Contractor of the opportunity to propose to manifest a

Passenger or non-NASA Cargo or Payload on a flight conducted under this contract as part of the

task proposal process. NASA will only authorize manifesting a Passenger or non-NASA Cargo

or Payload if it can be accommodated consistent with NASA’s obligations to its International

Partners under the Intergovernmental Agreement for the International Space Station (ISS), all

applicable FAA regulations or requirements, and other applicable laws, regulations or

requirements, without interference to NASA’s mission or cost to NASA, and pursuant to the terms

and conditions of the contract and the PCM task order.

(a) Definitions, for the purpose of this clause:

(1) NASA or NASA-sponsored crew: Personnel assigned by NASA to be transported

between Earth and the ISS in the CTS.

(2) Contractor crew: Employees or subcontractors of the Contractor who perform activities

in the course of employment directly relating to the operation of the CTS while on board the CTS.

(3) Passenger: Any person proposed by the Contractor to be transported on the CTS who is

not NASA or NASA-sponsored crew, or Contractor crew.

(4) Non-NASA Cargo or Payload: Any property proposed by the Contractor to be flown or

used on the CTS which is not the primary payload of a Post Certification Mission, nor required for

certification of the CTS.

(5) Commercial Cargo Customer: Any person or entity that provides non-NASA cargo or

payloads to the Contractor.

(b) NASA Unilateral Determination; NASA Right to Revoke; Costs.

The Contractor acknowledges and agrees that any decision to authorize the manifest of a

Passenger(s) or non-NASA Cargo or Payload in response to a task order proposal shall be a

unilateral determination at NASA’s sole discretion. NASA retains the right to revoke its prior

approval of a Passenger(s) or non-NASA Cargo or Payload at any time prior to launch of the Post

Certification Mission. NASA shall not be responsible for any costs, liabilities or obligations

incurred by the Contractor to manifest a Passenger(s) or non-NASA Cargo or Payload; NASA

shall not be responsible for any costs, liabilities or obligations incurred by the Contractor should

NASA revoke its prior approval of Passenger(s) or non-NASA Cargo or Payload.

If for any reason, the Contractor is unable to transport a Passenger(s), the Passenger(s) is not ready

or available for the Post Certification Mission, there is insufficient time to complete Passenger

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training for the Post Certification Mission before the launch date, or the Contractor is unable to

meet applicable FAA or NASA requirements, the Contractor shall bear the cost of and be

responsible for any related impacts or delays to the mission. If the Contractor is unable to provide

the non-NASA cargo or payload for CTS integration, or there is insufficient time to complete a

new mission analysis before the launch date, the Contractor shall bear the cost and shall be

responsible for designing, fabricating, and installing a cargo or payload mass simulator in lieu of

the non-NASA cargo or payload.

If applicable, NASA will identify any opportunities to propose to manifest a Passenger or

non-NASA cargo or payloads in the request for a task order proposal under clause H.8 (b). The

Contractor shall propose at no cost to NASA the non-NASA mission requirements, if any, and

price adjustment or other consideration to be received by NASA, to be included with the task order

proposal for the Post Certification Mission. NASA may request task order proposals with and

without Passengers or non-NASA Cargo or Payloads.

(1) Passengers.

(i) Task Order Proposal

For any task order proposal involving Passenger(s), the Contractor shall submit to NASA

a detailed description of the purpose and activities of the Passenger(s), a training plan for the

Passenger(s), plans for compliance with any FAA license requirements, the ISS Medical

Operations Requirements Document (SSP 50260) and, as applicable, the Medical Evaluation

Document, Volumes A-C (SSP 50667), the liability waiver required in paragraph (c)(1)(ii), and any

additional documentation or analyses requested by NASA. The Contractor shall be responsible

for the costs of and ensuring completion of all necessary training in accordance with FAA license

requirements and NASA requirements, including all training required for the CTS and for the ISS,

even if such training is provided by NASA.

(ii) Liability and Insurance

The Contractor shall extend section (c) of clause H.5, NFS 1852.228-76 Cross-Waiver

Of Liability For International Space Station Activities (Oct 2012) (Deviation), to Passengers by

requiring them to waive any and all claims against the entities listed in section (c)(1) of that clause,

except that Passengers are not required to waive such claims against the Contractor unless the

Contractor so requires. The Contractor shall inform Passengers that the entities listed in section

(c)(1) have not waived any claims against Passengers. The Contractor shall obtain a written

waiver of claims from the Passenger for all activities related to the mission, including

acknowledgment by the Passenger that the entities listed in section (c)(1) have not waived any

claims against Passengers, and shall provide such documentation to NASA for NASA’s approval

with the proposal to manifest the Passenger. The Contractor shall require Passengers to maintain

insurance covering damage to or loss of any property or injury or death of any person on the ISS or

in the CTS resulting from any action, negligence, or failure to act by the Passenger. The

Contractor shall provide acceptable evidence to the Contracting Officer of required insurance no

later than thirty (30) days prior to the launch on which the Passenger is manifested. The amount

of required insurance and the terms and conditions for the policy or policies shall be subject to

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review by the Contracting Officer. Once reviewed, the policy or policies may not be modified or

canceled without the prior, written approval of the Contracting Officer.

(2) Non-NASA Cargo or Payloads

(i) Task Order Proposal

For any task order proposal involving a Non-NASA Cargo or Payload, the Contractor

shall submit to NASA a description of the purpose of the Non-NASA Cargo or Payload, a detailed

cargo or payload description, a cargo or payload compatibility assessment, plans for compliance

with any FAA license requirements, the liability waiver required in paragraph (c)(2)(ii), and any

additional documentation or analyses requested by NASA. The Contractor shall be responsible

for the costs of and ensuring completion of all FAA license requirements and all NASA

requirements for the CTS and for the ISS relating to the Non-NASA Cargo or Payload, even if the

Contractor requires support from NASA.

(ii) Liability and Insurance.

The Contractor shall extend section (c) of clause H.5, NFS 1852.228-76 Cross-Waiver

Of Liability For International Space Station Activities (Oct 2012) (Deviation), to Commercial

Cargo Customers by requiring them to waive anyand all claims against the entities listed in section

(c)(1) of that clause, except that Commercial Cargo Customers are not required to waive such

claims against the Contractor unless the Contractor so requires. The Contractor shall inform

Commercial Cargo Customers that the entities listed in section (c)(1) have not waived any claims

against Commercial Cargo Customers. The Contractor shall obtain a written waiver of claims

from the Commercial Cargo Customer for all activities related to the mission, including

acknowledgment by the Commercial Cargo Customer that the entities listed in section (c)(1) have

not waived any claims against Commercial Cargo Customers, and shall provide such

documentation to NASA for NASA’s approval with the proposal to manifest the non-NASA cargo

or payload. The Contractor shall require Commercial Cargo Customers to maintain insurance

covering damage to or loss of any property or injury or death of any person on the ISS or in the

CTS resulting from the flight of the non-NASA Cargo or Payload. The Contractor shall provide

acceptable evidence to the Contracting Officer of required insurance no later than thirty (30) days

prior to the launch on which the non-NASA Cargo or Payload is manifested. The amount of

required insurance and the terms and conditions for the policy or policies shall be subject to review

by the Contracting Officer. Once reviewed, the policy or policies may not be modified or

canceled without the prior, written approval of the Contracting Officer.

(d) Delays

The launch and mission schedule will not be changed to accommodate Passengers or Non-NASA

Cargo or Payloads, except at NASA’s sole discretion. If NASA chooses to reschedule the launch

or mission, NASA shall not be responsible for any costs, liabilities or obligations associated with

rescheduling. The provisions of clause H.20, Adjustments To Post Certification Mission

Schedule, do not apply to circumstances arising under this clause H.23 related to requested delays

to accommodate Passengers or non-NASA Cargo or Payloads. If for any reason, the Contractor is

unable to transport the Passenger(s) or Non-NASA Cargo or Payload, the Passenger(s) or

Non-NASA Cargo or Payload are not ready or available in time for the Post Certification Mission,

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the Contractor is unable to meet applicable FAA or NASA requirements, or there is insufficient

time to complete Passenger training for the Post Certification Mission before the launch date, the

Contractor shall bear all costs and be responsible for any related impacts or delays to the launch or

mission. In no case shall NASA be liable for any costs or expenses incurred by Commercial

Cargo Customers, Passengers or by the Contractor on behalf of its Commercial Cargo Customers

or Passengers.

(End of Clause)

H.24 STATEMENT ON WAIVER OF RIGHTS TO INVENTIONS

The crew transportation systems certified and used under this contract will be commercially

developed, and the developers may pursue other commercial uses of their systems outside of this

contract. NASA has determined that the interest of the United States would be served by waiving

to the Contractor, in accordance with 51 U.S.C. 20135(g), rights to inventions or class of

inventions made by the Contractor in the performance of this contract. Therefore, upon petition

submitted by the Contractor, as set forth in NFS 1852.227-70, New Technology, NASA will waive

such rights to the Contractor.

(End of Clause)

H.25 SAE AS9100

The Contractor shall have a quality program that complies with International Organization for

Standardization document SAE AS9100, Quality Management Systems – Requirements for

Aviation, Space and Defense Organizations by the Certification Baseline Review.

(a) Third party certification is not required. However, if the Government has accepted the

Contractor’s SAE AS9100 certification and the Contractor subsequently changes registrars, loses

its registration status, or is put on notice of losing its registration status, the Contractor shall notify

the Contracting Officer within three days of receiving such notice from its registrar. The

Contractor shall coordinate with any Certification Registrars or Databases, or Certifying

Organizations to allow NASA access to certification documentation and audit information

pertinent to this contract.

(b) If the Contractor is not SAE AS9100 certified, the Government will perform, or have a third

party perform, an SAE AS9100 compliance audit no earlier than six (6) months after contract

award. Compliance audits will normally be re-accomplished every thirty-six (36) months, but the

Government may conduct annual surveillance audits. The Contractor shall support the audits as

required.

(End of Clause)

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H.26 MISHAP REPORTING

(a) Definitions, as used in this clause,

(1) NASA Personnel: any person employed by NASA, or other Government personnel

performing services on behalf of NASA.

(2) NASA Operations: any activity or process that is under NASA direct control or includes

major NASA involvement.

(3) NASA Mishap: is an unplanned event that results in at least one of the following:

(i) Injury to non-NASA personnel, caused by NASA operations.

(ii) Damage to public or private property (including foreign property) not under the

ownership or control of the Contractor and/or its subcontractors under this contract, caused by

NASA operations or NASA-funded development or research projects.

(iii) Damage to Property (including foreign property) under the ownership or control of

the Contractor and/or its subcontractors under this contract, caused by NASA operations.

(iv) Occupational injury or occupational illness to NASA personnel.

(v) Mission failure of any Flight Test or PCM before the scheduled completion of the

planned primary mission.

(vi) Destruction of, or damage to, NASA property or NASA equipment.

(4) Close Call: an event in which there is no injury, or only minor injury requiring first aid,

and/or no equipment/property damage or minor equipment/property damage (less than $20,000),

but which possesses a potential to cause a mishap.

(5) Exposure:

(i) Vulnerability of population, property, or other value system to a given activity or

hazard; or

(ii) Other measure of the opportunity for failure or mishap events to occur.

(6) Lost Time Injury/Illness: a nonfatal traumatic injury that causes any loss of time from

work beyond the day or shift it occurred; or a nonfatal nontraumatic illness/disease that causes

disability at anytime.

(7) Mission Failure: a mishap of whatever intrinsic severity that prevents the achievement of

the success criteria or objectives as identified in the applicable Flight Test Plan or determined by

clause H.21 Post Certification Mission Success Determination.

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(8) Serious Injury: any injury resulting from a mishap in which any one or more of the

following apply:

(i) Requires hospitalization for more than forty-eight (48) hours, commencing within

seven (7) days from the date the injury was received.

(ii) Results in a fracture of any bone (except simple fractures of fingers, toes, or nose).

(iii) Causes severe hemorrhages or nerve, muscle, or tendon damage.

(iv) Involves any internal organ.

(v) Involves second- or third-degree burns, or any burns affecting more than five (5)

percent of the body surface.

(9) Substantial Damage to property or equipment: damage or failure which adversely affects

the structural strength, performance, or operational characteristics of the property or equipment,

and which would normally require major repair or replacement of the affected component(s).

(b) The Contractor shall notify and promptly report to the Contracting Officer, or a designee, any

of the following associated with any work performed under this Contract:

(1) Close Calls involving NASA personnel, NASA property, or NASA equipment.

(2) Exposures involving NASA personnel, NASA property, or NASA equipment, which

could result in fatality; lost-time occupational injury; or occupational disease.

(3) NASA Mishaps, which result in serious injury; fatality; lost-time occupational injury;

occupational disease; any environmental damage; any mission failure; or substantial damage to or

loss of equipment or property damage of at least $50,000.

requirements. The Contractor shall allow NASA participation in the investigation, and make all

data and resulting reports available to NASA. The Contractor is not required to include in any

report an expression of opinion as to the fault or negligence of any employee.

(1) If the Contractor conducts a mishap investigation in the performance of activities not

under this contract, but relevant to the CTS design, production and operations, the Contractor shall

make available to NASA all data and resulting reports.

(d) The Contractor shall maintain the data of any mishap investigation referenced above for the

term of this Contract plus three (3) years.

(e) NASA may investigate any NASA mishaps or close calls that involve NASA personnel,

equipment, or property, that occur in the performance of this contract in accordance with

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CCT-PLN-1010, Mishap Preparedness and Contingency Plan for Commercial Crew Program.

The Contractor shall provide personnel support and data, as necessary, to support a NASA

investigation.

(f) When applicable, the Contractor shall support a Commission appointed by the President per 51

U.S.C Section 70701 et seq..

(End of Clause)

H.27 GOVERNMENT-INDUSTRY DATA EXCHANGE PROGRAM (GIDEP)

(a) Definitions, as used in this clause

(1) Close-loop reporting: providing a written response of no impact, no usage or impact with

rationale at program milestone and readiness reviews or according to contract or other specified

reporting times/events for each GIDEP Notice and NASA Advisory.

(2) GIDEP Notices: means "GIDEP Alerts, GIDEP Safe-Alerts, GIDEP Problem

Advisories, and GIDEP Agency Action Notices." Life-cycle logistics should be addressed per

contractual requirements identified by the Program/Project.

(b) The Contractor shall participate in the GIDEP in accordance with the requirements of the

GIDEP Operations Manual (GIDEP SO300-BT-PRO-101) and the GIDEP Requirements Guide

(SO300-BU-GYD-010), available from the GIDEP Operations Center, PO Box 8000, Corona,

California 92878-8000.

if they affect the Contractor's products/and or services provided to the Government.

(d) The Contractor shall respond by stating, in writing, whether or not each GIDEP Notice and

NASA Advisory affects the Contractor's products and services provided to the Government. The

Contractor is responsible for stating whether or not each GIDEP Notice and NASA Advisories

affects the subcontractor's products and services provided to the Government.

(e) For GIDEP Notices and NASA Advisories that affect the Contractor's products and services

provided to the Government, the Contractor shall take action to eliminate or mitigate any negative

effect and inform the Government of such actions to ensure GIDEP Notices and NASA Advisories

adhere to close-loop reporting.

(f) The Contractor shall generate applicable GIDEP Alerts in accordance with the requirements of

GIDEP SO300-BT-PRO-101 and SO300-BU-GYD-010 whenever failed or nonconforming items,

available to other buyers, are discovered during the course of the Contract.

(End of Clause)

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H.28 ENVIRONMENTAL COMPLIANCE AND NATIONAL ENVIRONMENTAL

POLICY ACT (NEPA) DOCUMENTATION

(a) Environmental Compliance. The Contractor shall ensure that all operations, activities,

equipment, and facilities under this contract are in compliance with all applicable Federal, state,

and local environmental laws, statutes, regulations, and ordnances. Unless otherwise stated in

this contract, the Contractor shall be solely responsible for compliance with aforementioned

environmental requirements including environmental permits. The Contractor shall be

considered an independent entity responsible for its own actions for the purposes of environmental

compliance and permitting matters.

(b) National Environmental Policy Act (NEPA). Should Contractor activities trigger the need for

NEPA documentation during the performance of the contract, the Contractor shall be responsible

for complying with NPR 8580.1, NASA National Environmental Policy Act Management

Requirements, and providing documentation and supporting rationale to NASA throughout the

NEPA process, as required by the Contracting Officer.

(End of Clause)

H.29 ANOMALY INVESTIGATION AND CORRECTIVE ACTION

(a) For the purposes of this clause, an anomaly is an unexpected event, hardware or software

damage, departure from established procedures or performance, or a deviation of system,

subsystem, or hardware or software performance outside intended design or expected performance

specification limits.

(b) For the purposes of this clause, data includes, but is not limited to data associated with areas of

insight identified in CCT-PLN-1100, Crew Transportation Plan, Appendix C, Insight Areas, and

data relevant to the Crew Transportation System (CTS) design, production and operations.

anomalies that occur during the period prior to Flight Readiness Review (FRR) for the next

mission of any affected CTS vehicle, notification shall be within thirty (30) days, but no later than

at FRR. Anomalies that occur after FRR shall be reported to the Government, as soon as is

practical. Reportable anomalies are those that:

(1) After resolution, negatively affect CTS certification, post certification performance,

hazards, hazard controls, or verifications; or

(2) Are unexplained or could not be duplicated; or

(3) Occur during standard repairs or nominal processing tasks and indicate an unexpected

trend in one or more CTS vehicles.

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(d) The Contractor shall determine the scope of the investigation and shall conduct and control the

investigation. The Government may designate representatives to observe and participate in the

Contractor’s investigation. The Contractor shall accommodate Government representation to the

Contractor’s investigation.

(e) The Contractor shall be responsible for identifying the cause(s) of the anomaly, and

implementing corrective action(s). The Contractor shall provide the Government access to any

findings and any proposed corrective actions. If the Contractor implements any changes to the

CTS design that could negatively affect certification, post certification performance, hazards,

controls, or verifications of the CTS, the Contractor shall notify the Government of the change.

(f) The Government may conduct its own investigation of any anomaly or failed mission. The

Contractor shall provide personnel support and data, as necessary, to support a Government

investigation.

(End of Clause)

H.30 HAZARDOUS OPERATIONS

(a) Definitions, as used in this clause

(1) Hazardous Operations: any operation or other work activitythat, without implementation

of proper mitigations, has a high potential to result in loss of life, serious injury to personnel or

public, or damage to property due to the material or equipment involved or the nature of the

operation/activity.

(2) Hazardous Flight Operations: any Hazardous Operations performed on this contract that

affect the CTS or its elements; and occur between initiation of tanking of the CTS, and

post-detanking or post-flight safing. Hazardous Flight Operations may be initiated by

Government or Contractor Flight Crew, Government or Contractor Ground Controllers,

Government or Contractor Closeout Crew, Government or Contractor Recovery Personnel, or

software.

(3) Hazardous Ground Operations: any Hazardous Operations performed on this contract,

other than Hazardous Flight Operations.

(b) All Hazardous Flight Operations conducted in the performance of this contract shall be

reviewed and approved through the Commercial Crew Program and/or International Space Station

Program safety review processes.

performance of this contract shall comply with all Federal, State, and Local requirements intended

to mitigate risk to personnel, equipment, and property.

(End of Clause)

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H.31 INTERIM PERFORMANCE-BASED MILESTONE PAYMENTS (APPLICABLE

TO CLIN 001)

SubCLINS 001A and 001B listed in CLIN 001, DDTE/Certification, are delivery milestones

(delivery items). For each delivery milestone, the Contractor may request interim-milestone

financing payments in accordance with FAR 52.232-32, Performance Based Payments.

Milestone events, schedule, price and acceptance criteria are identified in Attachment J-03,

Appendix A, Milestone Acceptance Criteria and Payment Schedule. The sum of

interim-milestone financing payments with each delivery item shall not exceed 90% of that

delivery item price in accordance with FAR 32.1004(b)(2)(ii). Liquidation of performance-based

financing payments will occur once the Government accepts each delivery item.

The ISS DCR associated with the delivery milestone (SubCLIN 001A) will be the DCR associated

with the crewed flight test to ISS. The ISS DCR delivery milestone shall include all work under

CLIN 001that occurs from contract start date through this milestone completion. The delivery

payment for the Certification Review associated with the delivery milestone (SubCLIN 001B) will

include all work under CLIN 001that occurs from this ISS DCR delivery milestone through the

end of the DDTE/Certification.

The Contracting Officer will unilaterally determine the Contractor’s successful accomplishment of

each milestone event. The Contracting Officer’s determination of milestone accomplishment

will be based on the criteria listed in Attachment J-03, Appendix A, Milestone Acceptance Criteria

and Payment Schedule, as well as the Contractor’s compliance with the terms of the contract,

including performance of PWS and deliverable requirements. The delivery-milestone payments

are not financing payments and unlike interim-milestone payments, once made, are not subject to

repayment by the Contractor if the conditions defined in FAR 52.232-32 (j), Special terms

regarding default, apply.

Generally, milestone payment will be paid in succession. All preceding payment events shall be

successfully accomplished before payment will be made for the next payment event, unless the

prior written consent of the Contracting Officer is obtained.

(End of Clause)

H.32 SUBCONTRACTING WITH RUSSIAN ENTITIES FOR GOODS OR SERVICES

(a) Definitions: In this clause:

(1) The term “Russian entities” means:

(i) Russian persons, or

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(ii) Entities created under Russian law or owned, in whole or in part, by Russian persons

or companies including, but not limited to, the following:

(A) The Russian Federal Space Agency (Roscosmos),

(B) Any organization or entity under the jurisdiction or control of Roscosmos, or

Federation.

(2) The term “extraordinary payments” means payments in cash or in kind made or to be made

by the United States Government prior to December 31, 2020, for work to be performed or

services to be rendered prior to that date necessary to meet United States obligations under the

Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed

at Washington January 29, 1998, and entered into force March 27, 2001, or any protocol,

agreement, memorandum of understanding, or contract related thereto.

(b) This clause implements the reporting requirement in section 6(i) of the Iran, North Korea, and

Syria Nonproliferation Act, as amended (INKSNA). This clause also implements section 6(a) and

the exception in section 7(1)(B) of INKSNA that is applicable through December 31,

2020. NASA has applied the restrictions in INKSNA to include funding of Russian entities via

U.S. Contractors.

approval from the Contracting Officer. In order to obtain this written approval to subcontract

with any Russian entity as defined in paragraphs (a), the Contractor shall provide the Contracting

Officer with the following information related to each planned new subcontract and any change to

an existing subcontract with entities that fit the description in paragraph (a):

(i) A detailed description of the subcontracting entity, including its name, address, and a

point of contact, as well as a detailed description of the proposed subcontract including the specific

purpose of payments that will made under the subcontract.

(ii) The Contractor shall provide certification that the subcontracting entity is not, at the

date of the subcontract approval request, on any of the lists of proscribed denied parties, specially

designated nationals and entities of concern found at:

BIS's Listing of Entities of Concern (see

http://www.access.gpo.gov/bis/ear/pdf/744spir.pdf)

BIS's List of Denied Parties (see

http://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern/denied-persons-list

)

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OFAC's List of Specially Designated Nationals (Adobe® PDF format) (see

http://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern/unverified-list)

List of Unverified Persons in Foreign Countries (see

http://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern/unverified-list)

State Department’s List of Parties Statutorily Debarred for Arms Export Control Act

Convictions (see http://pmddtc.state.gov/compliance/debar.html)

State Department’s Lists of Proliferating Entities (see

http://www.state.gov/t/isn/c15231.htm)

(2) Unless relief is granted by the Contracting Officer, the information necessary to obtain

approval to subcontract shall be provided to the Contracting Officer thirty (30) business days prior

to executing any planned subcontract with entities defined in paragraph (a).

(d) After receiving approval to subcontract, the Contractor shall provide the Contracting Officer

with a report every six (6) months that documents the individual payments made to an entity in

paragraph (a). The reports are due on July 15th and January 15th. The July 15th report shall

document all of the individual payments made from the previous January through June. The

January 15th report shall document all of the individual payments made from the previous July

through December. The content of the report shall provide the following information for each

time a payment is made to an entity in paragraph (a):

(1) The name of the entity

(2) The subcontract number

(3) The amount of the payment

(4) The date of the payment

(e) The Contracting Officer may direct the Contractor to provide additional information for any

other prospective or existing subcontract at any tier. The Contracting Officer may direct the

Contractor to terminate for the convenience of the Government any subcontract at any tier with an

entity defined in paragraph (a), subject to an equitable adjustment.

(f) All work subcontracted to the Russian Federal Space Agency, any organization or entity under

the jurisdiction or control of the Russian Federal Space Agency, or any other organization, entity

or element of the Government of the Russian Federation must be completed on or before

December 31, 2020. No payments for such work may be made by the Contractor to the

subcontractor, or by NASA to the Contractor, after December 31, 2020. The Contractor is

responsible for ensuring the completion of and payment for such subcontracted work in sufficient

time to enable payment by NASA to the Contractor on or before December 31, 2020.

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(g) The Contractor shall include the substance of this clause in all its subcontracts, and shall

require such inclusion in all other subcontracts of any tier. The Contractor shall be responsible to

obtain written approval from the Contracting Officer to enter into any tier subcontract that

involves entities defined in paragraph (a).

(h) Performance of this contract after December 31, 2020 may be subject to prohibitions on

payments to Russian entities under INKSNA.

(End of Clause)

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SECTION I. CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if

they were given in full text. Upon request, the Contracting Officer will make their full text

available. Also, the full text of a clause may be accessed electronically at this/these address(es):

For Federal Acquisition Regulation (FAR) clauses, see

https://www.acquisition.gov/far/

For NASA FAR Supplement (NFS) clauses, see

http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm

(End of Clause)

I.2 CLAUSES INCORPORATED BY REFERENCE -- SECTION I

Clause(s) at the beginning of this Section are incorporated by reference, with the same force and

effect as if they were given in full text. Clauses incorporated by reference which require a fill-in

by the Government include the text of the affected paragraph(s) only. This does not limit the

clause to the affected paragraph(s). The Contractor is responsible for understanding and

complying with the entire clause. The full text of the clause is available at the addresses

contained in clause I.1 52.252-2, Clauses Incorporated by Reference, of this contract.

52.202-1 DEFINITIONS. (JUL 2012)

52.203-3 GRATUITIES. (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES. (APR 1984)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT. (SEP 2006)

52.203-7 ANTI-KICKBACK PROCEDURES. (OCT 2010)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR

ILLEGAL OR IMPROPER ACTIVITY. (JAN 1997)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER

ACTIVITY. (JAN 1997)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS. (OCT 2010)

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52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT. (APR

2010)

52.203-14 DISPLAY OF HOTLINE POSTER(S). (DEC 2007)

[NASA Office of Inspector General, Code W, Washington, DC, 20546-0001, (202)

358-1220. http://oig.nasa.gov/hotline.html]

52.204-2 SECURITY REQUIREMENTS. (AUG 1996)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER. (MAY 2011)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL. (JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS. (JUL 2013)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT. (AUG 2013)

52.210-1 MARKET RESEARCH. (APR 2011)

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS. (APR

2008)

52.215-2 AUDIT AND RECORDS - NEGOTIATION. (OCT 2010)

52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING

DATA – MODIFICATIONS. (AUG 2011)

52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA –

MODIFICATIONS. (OCT 2010)

52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT. (OCT

1997)

52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)

[the sixty (60) days prior to completion of the last required milestone or delivery

date].

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE

SMALL BUSINESS CONCERNS. (JAN 2011)

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52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. (JUL 2013)

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN. (Deviation per PIC 13-06

(www.hq.nasa.gov/office/procurement/regs/pic.html)) – ALTERNATE II

(OCT 2001)

52.219-16 LIQUIDATED DAMAGES - SUBCONTRACTING PLAN. (JAN 1999)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION.

(JUL 2013)

The Contractor represents that it ___ is, ___ is not a small business concern under

NAICS Code 336414 assigned to contract number TBD. (Contractor to sign and

date and insert authorized signer's name and title).

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES. (FEB 1997)

52.222-3 CONVICT LABOR. (JUN 2003)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES. (FEB 1999)

52.222-26 EQUAL OPPORTUNITY. (MAR 2007)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS. (SEP 2010)

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES. (OCT

2010)

52.222-37 EMPLOYMENT REPORTS ON VETERANS. (SEP 2010)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT. (DEC 2010)

52.222-50 COMBATING TRAFFICKING IN PERSONS. (FEB 2009)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION. (AUG 2013)

52.223-6 DRUG-FREE WORKPLACE. (MAY 2001)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING. (AUG 2011)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (JUN 2008)

52.227-1 AUTHORIZATION AND CONSENT. (DEC 2007)

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52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT. (DEC 2007)

52.227-3 PATENT INDEMNITY. (APR 1984)

52.227-16 ADDITIONAL DATA REQUIREMENTS. (JUN 1987)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES. (FEB 2013)

52.232-1 PAYMENTS. (APR 1984) (Applicable to CLIN 002 and any appropriate task

orders per CLIN 003)

52.232-2 PAYMENTS UNDER FIXED-PRICE RESEARCH AND DEVELOPMENT

CONTRACTS. (APR 1984) (Applicable to CLIN 001 and any appropriate

task orders per CLIN 003)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT. (FEB 2002)

52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS. (APR 1984)

52.232-11 EXTRAS. (APR 1984)

52.232-17 INTEREST. (OCT 2010)

52.232-18 AVAILABILITY OF FUNDS. (APR 1984)

52.232-23 ASSIGNMENT OF CLAIMS. (JAN 1986)

52.232-25 PROMPT PAYMENT. (JUL 2013)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR

AWARD MANAGEMENT. (JUL 2013)

52.233-1 DISPUTES. (JUL 2002) - ALTERNATE I (DEC 1991)

52.233-3 PROTEST AFTER AWARD. (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004)

52.242-13 BANKRUPTCY. (JUL 1995)

52.243-1 CHANGES - FIXED-PRICE. (AUG 1987) - ALTERNATE I (APR 1984)

(Applicable to CLIN 002 and any appropriate task orders per CLIN 003)

52.243-1 CHANGES - FIXED-PRICE. (AUG 1987) - ALTERNATE V (APR 1984)

(Applicable to CLIN 001 and any appropriate task orders per CLIN 003)

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52.243-7 NOTIFICATION OF CHANGES. (APR 1984)

Fill in (b) seven (7) calendar days

Fill in (d) seven (7) calendar days

52.244-2 SUBCONTRACTS. (OCT 2010)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS. (JUL 2013)

52.245-1 GOVERNMENT PROPERTY. (APR 2012) -- Alternate I (APR 2012)

52.245-9 USE AND CHARGES. (APR 2012)

52.246-25 LIMITATION OF LIABILITY - SERVICES. (FEB 1997)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(FIXED-PRICE). (APRIL 2012)

52.253-1 COMPUTER GENERATED FORMS. (JAN 1991)

NFS 1852.203-70 DISPLAY OF INSPECTOR GENERAL HOTLINE POSTERS. (JUN

2001)

NFS 1852.204-76 SECURITY REQUIREMENTS FOR UNCLASSIFIED

INFORMATION TECHNOLOGY RESOURCES (JAN 2011)

NFS 1852.209-72 COMPOSITION OF THE CONTRACTOR. (DEC 1988)

NFS 1852.219-74 USE OF RURAL AREA SMALL BUSINESSES. (SEP 1990)

NFS 1852.219-76 NASA 8 PERCENT GOAL. (JUL 1997)

NFS 1852.219-77 NASA MENTOR-PROTEGE PROGRAM. (MAY 2009)

NFS 1852.243-71 SHARED SAVINGS. (MAR 1997)

NFS 1852.235-70 CENTER FOR AEROSPACE INFORMATION. (DEC 2006)

(End of Clause)

I.3 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity

Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by

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posting the required information in the System for Award Management database via

https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212),

all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will

be publicly available. FAPIIS consist of two segments—

(1) The non-public segment, into which Government officials and the Contractor post

information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the

Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is

automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the

Government official who posted it in accordance with paragraph (c)(1) of this clause.

Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who

posted the information, that some of the information posted to the non-public segment of FAPIIS

is covered by a disclosure exemption under the Freedom of Information Act, the Government

official who posted the information must within 7 calendar days remove the posting from FAPIIS

and resolve the issue in accordance with agency Freedom of Information procedures, prior to

reposting the releasable information. The Contractor must cite 52.209-9 and request removal

within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that

has been posted by the Government. The comments will be retained as long as the associated

information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part

of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or

after April 15, 2011, except past performance reviews, will be publicly available.

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(d) Public requests for system information posted prior to April 15, 2011, will be handled under

Freedom of Information Act procedures, including, where appropriate, procedures promulgated

under E.O. 12600.

(End of Clause)

I.4 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA

AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA –

MODIFICATIONS. (OCT 2010) (This Clause Is Applicable To The Extent That Only

Subcontractors Are Required To Submit Certified Cost Or Pricing Data)

(a) Exceptions from certified cost or pricing data.

(1) In lieu of submitting certified cost or pricing data for modifications under this contract,

for price adjustments expected to exceed the threshold set forth at FAR 15.403-4 on the date of the

agreement on price or the date of the award, whichever is later, the Contractor may submit a

written request for exception by submitting the information described in the following

subparagraphs. The Contracting Officer may require additional supporting information, but only

to the extent necessary to determine whether an exception should be granted, and whether the price

is fair and reasonable –

(i) Identification of the law or regulation establishing the price offered. If the price is

controlled under law by periodic rulings, reviews, or similar actions of a governmental body,

attach a copy of the controlling document, unless it was previously submitted to the contracting

office.

(ii) Information on modifications of contracts or subcontracts for commercial items.

(A) If --

(1) The original contract or subcontract was granted an exception from

certified cost or pricing data requirements because the price agreed upon was based on adequate

price competition or prices set by law or regulation, or was a contract or subcontract for the

acquisition of a commercial item; and

(2) The modification (to the contract or subcontract) is not exempted based

on one of these exceptions, then the Contractor may provide information to establish that the

modification would not change the contract or subcontract from a contract or subcontract for the

acquisition of a commercial item to a contract or subcontract for the acquisition of an item other

than a commercial item.

(B) For a commercial item exception, the Contractor shall provide, at a minimum,

information on prices at which the same item or similar items have previously been sold that is

adequate for evaluating the reasonableness of the price of the modification. Such information

may include –

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(1) For catalog items, a copy of or identification of the catalog and its date,

or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying

office to which the proposal is being submitted. Provide a copy or describe current discount

policies and price lists (published or unpublished), e.g., wholesale, original equipment

manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the

established catalog price, including how the proposed price relates to the price of recent sales in

quantities similar to the proposed quantities.

(2) For market-priced items, the source and date or period of the market

quotation or other basis for market price, the base amount, and applicable discounts. In addition,

describe the nature of the market.

(3) For items included on an active Federal Supply Service Multiple Award

Schedule contract, proof that an exception has been granted for the schedule item.

(2) The Contractor grants the Contracting Officer or an authorized representative the right to

examine, at any time before award, books, records, documents, or other directly pertinent records

to verify any request for an exception under this clause, and the reasonableness of price. For

items priced using catalog or market prices, or law or regulation, access does not extend to cost or

profit information or other data relevant solely to the Contractor’s determination of the prices to be

offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the Contractor is not granted an exception

from the requirement to submit certified cost or pricing data, the following applies:

(1) The Contractor shall submit certified cost or pricing data, data other than certified cost or

pricing data, and supporting attachments in accordance with the instruction contained in Table

15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it

were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory

format to be used in this contract, unless the Contracting Officer and the Contractor agree to a

different format and change this clause to use Alternate I.

(2) As soon as practicable after agreement on price, but before award (except for unpriced

actions), the Contractor shall submit a Certificate of Current Cost or Pricing Data, as prescribed by

FAR 15.406-2.

(End of Clause)

I.5 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA

AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA -

MODIFICATIONS. (OCT 2010) - Alternate IV (OCT 2010) (This Clause Is Not Applicable

To Subcontractors)

(a) Submission of certified cost or pricing data is not required.

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(b) Provide information described below: [If required by the Government, the Contractor(s) shall

submit Data Other than Certified Cost or Pricing Data as defined in Clause G.9, Requirements for

Data Other than Certified Cost or Pricing Data to permit an adequate evaluation of the proposed

price in accordance with 15.403-3.]

(End of Clause)

I.6 52.216-18 ORDERING (OCT 1995) (Applicable to IDIQ CLINs 002 and 003)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of

delivery orders or task orders by the individuals or activities designated in the Schedule. Such

orders may be issued up to 5-years from the effective date of the contract.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In

the event of conflict between a delivery order or task order and this contract, the contract shall

control.

the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce

methods only if authorized in the Schedule.

(End of Clause)

I.7 52.216-19 ORDER LIMITATIONS (OCT 1995) (Applicable to IDIQ CLINs 002

and 003)

(a) Minimum order. When the Government requires supplies or services covered by this contract

in an amount of less than

(a) One (1) Post Certification Mission, pursuant to CLIN 002 or

(b) A Special Studies Task order valued at $5,000, pursuant to CLIN 003, or

The Government is not obligated to purchase, nor is the Contractor obligated to furnish, those

supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor

(1) Any order for a single item in excess of ;

(2) Any order for a combination of items in excess of ; or

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(3) A series of orders from the same ordering office within 10 days that together call for

quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order

a part of any one requirement from the Contractor if that requirement exceeds the maximum-order

limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order

exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned

to the ordering office within 15 days after issuance, with written notice stating the Contractor's

intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the

Government may acquire the supplies or services from another source.

(End of Clause)

I.8 52.216-22 INDEFINITE QUANTITY (OCT 1995) (Applicable to IDIQ CLINs 002

and 003)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for

the period stated, in the Schedule. The quantities of supplies and services specified in the

Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with

the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the

supplies or services specified in the Schedule up to and including the quantity designated in the

Schedule as the "maximum." The Government shall order at least the quantity of supplies or

services designated in the Schedule as the "minimum."

there is no limit on the number of orders that may be issued. The Government may issue orders

requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that

period shall be completed by the Contractor within the time specified in the order. The contract

shall govern the Contractor's and Government's rights and obligations with respect to that order to

the same extent as if the order were completed during the contract's effective period; provided, that

the Contractor shall not be required to make any deliveries under this contract three years after the

end of the ordering period.

(End of Clause)

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I.9 52.227-11 PATENT RIGHTS--OWNERSHIP BY THE CONTRACTOR. (DEC

2007) / AS MODIFIED PER 1852.227-11 PATENT RIGHTS - RETENTION BY THE

CONTRACTOR (SHORT FORM).

(a) As used in this clause -

"Invention" means any invention or discovery that is or may be patentable or otherwise protectable

under title 35 of the U.S. Code, or any variety of plant that is or may be protectable under the Plant

Variety Protection Act (7 U.S.C. 2321, et seq.)

"Made" means –

(1) When used in relation to any invention other than a plant variety, the conception or first

actual reduction to practice of the invention; or

(2) When used in relation to a plant variety, that the Contractor has at least tentatively

determined that the variety has been reproduced with recognized characteristics.

"Nonprofit organization" means a university or other institution of higher education or an

organization of the type described in section 501(c)(3) of the Internal Revenue Code of 1954 (26

U.S.C. 501(c)) and exempt from taxation under section 501(a) of the Internal Revenue Code (26

U.S.C. 501(a)), or any nonprofit scientific or educational organization qualified under a State

nonprofit organization statute.

"Practical application" means to manufacture, in the case of a composition of product; to practice,

in the case of a process or method; or to operate, in the case of a machine or system; and, in each

case, under such conditions as to establish that the invention is being utilized and that its benefits

are, to the extent permitted by law or Government regulations, available to the public on

reasonable terms.

"Subject invention" means any invention of the Contractor made in the performance of work under

this contract.

(b) Contractor's rights.

(1) Ownership. The Contractor may retain ownership of each subject invention throughout

the world in accordance with the provisions of this clause.

(2) License.

(i) The Contractor shall retain a nonexclusive royalty-free license throughout the

world in each subject invention to which the Government obtains title, unless the Contractor fails

to disclose the invention within the times specified in paragraph (c) of this clause. The

Contractor's license extends to any domestic subsidiaries and affiliates within the corporate

structure of which the Contractor is a part, and includes the right to grant sublicenses to the extent

the Contractor was legally obligated to do so at contract award. The license is transferable only

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with the written approval of the agency, except when transferred to the successor of that part of the

Contractor's business to which the invention pertains.

(ii) The Contractor's license may be revoked or modified by the agency to the extent

necessary to achieve expeditious practical application of the subject invention in a particular

country in accordance with the procedures in FAR 27.302(i)(2) and 27.304-1(f).

(1) The Contractor shall disclose in writing each subject invention to the Contracting Officer

within 2 months after the inventor discloses it in writing to Contractor personnel responsible for

patent matters. The disclosure shall identify the inventor(s) and this contract under which the

subject invention was made. It shall be sufficiently complete in technical detail to convey a clear

understanding of the subject invention. The disclosure shall also identify any publication, on sale

(i.e., sale or offer for sale), or public use of the subject invention, or whether a manuscript

describing the subject invention has been submitted for publication and, if so, whether it has been

accepted for publication. In addition, after disclosure to the agency, the Contractor shall promptly

notify the Contracting Officer of the acceptance of any manuscript describing the subject invention

for publication and any on sale or public use.

(2) The Contractor shall elect in writing whether or not to retain ownership of any subject

invention by notifying the Contracting Officer within 2 years of disclosure to the agency.

However, in any case where publication, on sale, or public use has initiated the 1-year statutory

period during which valid patent protection can be obtained in the United States, the period for

election of title may be shortened by the agency to a date that is no more than 60 days prior to the

end of the statutory period.

(3) The Contractor shall file either a provisional or a nonprovisional patent application or a

Plant Variety Protection Application on an elected subject invention within 1 year after election.

However, in any case where a publication, on sale, or public use has initiated the 1-year statutory

period during which valid patent protection can be obtained in the United States, the Contractor

shall file the application prior to the end of that statutory period. If the Contractor files a

provisional application, it shall file a nonprovisional application within 10 months of the filing of

the provisional application. The Contractor shall file patent applications in additional countries

or international patent offices within either 10 months of the first filed patent application (whether

provisional or nonprovisional) or 6 months from the date permission is granted by the

Commissioner of Patents to file foreign patent applications where such filing has been prohibited

by a Secrecy Order.

(4) The Contractor may request extensions of time for disclosure, election, or filing under

paragraphs (c)(1), (c)(2), and (c)(3) of this clause.

(5) The Contractor may use whatever format is convenient to disclose subject inventions

required in subparagraph (c) (1). NASA prefers that the Contractor use either the electronic or

paper version of NASA Form 1679, Disclosure of Invention and New Technology (Including

Software) to disclose subject inventions. Both the electronic and paper versions of NASA Form

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1679 may be accessed at the electronic New Technology Reporting Web site

http://invention.nasa.gov.

(d) Government's rights –

(1) Ownership. The Contractor shall assign to the agency, on written request, title to any

subject invention –

(i) If the Contractor fails to disclose or elect ownership to the subject invention within

the times specified in paragraph (c) of this clause, or elects not to retain ownership; provided, that

the agency may request title only within 60 days after learning of the Contractor's failure to

disclose or elect within the specified times.

(ii) In those countries in which the Contractor fails to file patent applications within the

times specified in paragraph (c) of this clause; provided, however, that if the Contractor has filed a

patent application in a country after the times specified in paragraph (c) of this clause, but prior to

its receipt of the written request of the agency, the Contractor shall continue to retain ownership in

that country.

(iii) In any country in which the Contractor decides not to continue the prosecution of

any application for, to pay the maintenance fees on, or defend in reexamination or opposition

proceeding on, a patent on a subject invention.

(2) License. If the Contractor retains ownership of any subject invention, the Government

shall have a nonexclusive, nontransferable, irrevocable, paid-up license to practice, or have

practiced for or on its behalf, the subject invention throughout the world.

(e) Contractor action to protect the Government's interest.

(1) The Contractor shall execute or have executed and promptly deliver to the agency all

instruments necessary to –

(i) Establish or confirm the rights the Government has throughout the world in those

subject inventions in which the Contractor elects to retain ownership; and

(ii) Assign title to the agency when requested under paragraph (d) of this clause and to

enable the Government to obtain patent protection and plant variety protection for that subject

invention in any country.

(2) The Contractor shall require, by written agreement, its employees, other than clerical and

nontechnical employees, to disclose promptly in writing to personnel identified as responsible for

the administration of patent matters and in the Contractor's format, each subject invention in order

that the Contractor can comply with the disclosure provisions of paragraph (c) of this clause, and

to execute all papers necessary to file patent applications on subject inventions and to establish the

Government's rights in the subject inventions. The disclosure format should require, as a

minimum, the information required by paragraph (c)(1) of this clause. The Contractor shall

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instruct such employees, through employee agreements or other suitable educational programs, as

to the importance of reporting inventions in sufficient time to permit the filing of patent

applications prior to U.S. or foreign statutory bars.

(3) The Contractor shall notify the Contracting Officer of any decisions not to file a

nonprovisional patent application, continue the prosecution of a patent application, pay

maintenance fees, or defend in a reexamination or opposition proceeding on a patent, in any

country, not less than 30 days before the expiration of the response or filing period required by the

relevant patent office.

(4) The Contractor shall include, within the specification of any United States

nonprovisional patent or plant variety protection application and any patent or plant variety

protection certificate issuing thereon covering a subject invention, the following statement, "This

invention was made with Government support under (identify the contract) awarded by (identify

the agency). The Government has certain rights in the invention."

(5) The Contractor shall provide the Contracting Officer the following:

(i) A listing every 12 months (or such longer period as the Contracting Officer may

specify) from the date of the contract, of all subject inventions required to be disclosed during the

period.

(ii) A final report prior to closeout of the contract listing all subject inventions or

certifying that there were none.

(iii) Upon request, the filing date, serial number and title, a copy of the patent

application, and patent number and issue date for any subject invention in any country in which the

Contractor has applied for patents.

(iv) An irrevocable power to inspect and make copies of the patent application file, by

the Government, when a Federal Government employee is a coinventor.

(f) Reporting on utilization of subject inventions. The Contractor shall submit, on request,

periodic reports no more frequently than annually on the utilization of a subject invention or on

efforts at obtaining utilization of the subject invention that are being made by the Contractor or its

licensees or assignees. The reports shall include information regarding the status of development,

date of first commercial sale or use, gross royalties received by the Contractor, and other data and

information as the agency may reasonably specify. The Contractor also shall provide additional

reports as may be requested by the agency in connection with any march-in proceeding undertaken

by the agency in accordance with paragraph (h) of this clause. The Contractor also shall mark any

utilization report as confidential/proprietary to help prevent inadvertent release outside the

Government. As required by 35 U.S.C. 202(c)(5), the agency will not disclose that information to

persons outside the Government without the Contractor's permission.

(g) Preference for United States industry. Notwithstanding any other provision of this clause,

neither the Contractor nor any assignee shall grant to any person the exclusive right to use or sell

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any subject invention in the United States unless the person agrees that any products embodying

the subject invention or produced through the use of the subject invention will be manufactured

substantially in the United States. However, in individual cases, the requirement for an

agreement may be waived by the agency upon a showing by the Contractor or its assignee that

reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential

licensees that would be likely to manufacture substantially in the United States, or that under the

circumstances domestic manufacture is not commercially feasible.

(h) March-in rights. The Contractor acknowledges that, with respect to any subject invention in

which it has retained ownership, the agency has the right to require licensing pursuant to 35 U.S.C.

203 and 210(c), and in accordance with the procedures in 37 CFR 401.6 and any supplemental

regulations of the agency in effect on the date of contract award.

(i) Special provisions for contracts with nonprofit organizations. If the Contractor is a nonprofit

organization, it shall –

(1) Not assign rights to a subject invention in the United States without the written approval

of the agency, except where an assignment is made to an organization that has as one of its primary

functions the management of inventions, provided, that the assignee shall be subject to the same

provisions as the Contractor;

(2) Share royalties collected on a subject invention with the inventor, including Federal

employee co-inventors (but through their agency if the agency deems it appropriate) when the

subject invention is assigned in accordance with 35 U.S.C. 202(e) and 37 CFR 401.10;

(3) Use the balance of any royalties or income earned by the Contractor with respect to

subject inventions, after payment of expenses (including payments to inventors) incidental to the

administration of subject inventions for the support of scientific research or education; and

(4) Make efforts that are reasonable under the circumstances to attract licensees of subject

inventions that are small business concerns, and give a preference to a small business concern

when licensing a subject invention if the Contractor determines that the small business concern has

a plan or proposal for marketing the invention which, if executed, is equally as likely to bring the

invention to practical application as any plans or proposals from applicants that are not small

business concerns; provided, that the Contractor is also satisfied that the small business concern

has the capability and resources to carry out its plan or proposal. The decision whether to give a

preference in any specific case will be at the discretion of the Contractor.

(5) Allow the Secretary of Commerce to review the Contractor's licensing program and

decisions regarding small business applicants, and negotiate changes to its licensing policies,

procedures, or practices with the Secretary of Commerce when the Secretary's review discloses

that the Contractor could take reasonable steps to more effectively implement the requirements of

paragraph (i)(4) of this clause.

(j) Communications. The Contractor shall contact the Contracting Officer for any

communications regarding this clause.

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(k) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (k), in

all subcontracts for experimental, developmental, or research work to be performed by a small

business concern or nonprofit organization.

(2) The Contractor shall include the clause in the NASA FAR Supplement at 1852.227-70,

New Technology, suitably modified to identify the parties, in all subcontracts, regardless of tier,

for experimental, developmental, research, design, or engineering work to be performed by other

than a small business firm or nonprofit organization.

(3) At all tiers, the patent rights clause must be modified to identify the parties as follows:

references to the Government are not changed, and the subcontractor has all rights and obligations

of the Contractor in the clause. The Contractor shall not, as part of the consideration for awarding

the subcontract, obtain rights in the subcontractor's subject inventions.

(4) In subcontracts, at any tier, the agency, the subcontractor, and the Contractor agree that

the mutual obligations of the parties created by this clause constitute a contract between the

subcontractor and the agency with respect to the matters covered by the clause; provided, however,

that nothing in this paragraph is intended to confer any jurisdiction under the Contract Disputes

Act in connection with proceedings under paragraph (h) of this clause.

(End of Clause)

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I.10 52.227-14 RIGHTS IN DATA – GENERAL, (DEC 2007) (Deviation) /

ALTERNATE I, (DEC 2007) (Deviation) / ALTERNATE II, (DEC 2007) (Deviation) /

ALTERNATE III (DEC 2007) (Deviation) / AS MODIFIED PER 1852.227-14 RIGHTS IN

DATA - GENERAL

(a) Definitions. As used in this clause—

“Computer database” or “database” means a collection of recorded information in a form capable

of, and for the purpose of, being stored in, processed, and operated on by a computer. The term

does not include computer software.

“Computer software”—

(1) Means

(i) Computer programs that comprise a series of instructions, rules, routines, or

statements, regardless of the media in which recorded, that allow or cause a computer to perform a

specific operation or series of operations; and

(ii) Recorded information comprising source code listings, design details, algorithms,

processes, flow charts, formulas, and related material that would enable the computer program to

be produced, created, or compiled.

(2) Does not include computer databases or computer software documentation.

“Computer software documentation” means owner’s manuals, user’s manuals, installation

instructions, operating instructions, and other similar items, regardless of storage medium, that

explain the capabilities of the computer software or provide instructions for using the software.

“Data” means recorded information, regardless of form or the media on which it may be recorded.

The term includes technical data and computer software. The term does not include information

incidental to contract administration, such as financial, administrative, cost or pricing, or

management information.

“Form, fit, and function data” means data relating to items, components, or processes that are

sufficient to enable physical and functional interchangeability, and data identifying source, size,

configuration, mating and attachment characteristics, functional characteristics, and performance

requirements. For computer software it means data identifying source, functional characteristics,

and performance requirements but specifically excludes the source code, algorithms, processes,

formulas, and flow charts of the software.

“Government purpose” means any activity in which the United States Government is a party,

including, but not limited to, cooperative activities with international or multi-national defense

organizations, or sales or transfers by the United States Government to foreign governments or

international organizations. Government purposes include competitive procurement.

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“Government purpose rights” means the rights to (i) Use, modify, reproduce, manufacture, release,

perform, display, or disclose data within the Government without restriction; and (ii) Release or

disclose data outside the Government and authorize persons to whom release or disclosure has

been made to use, modify, reproduce, manufacture, release, perform, display, or disclose that data

for United States Government purposes.

“Limited rights” means the rights of the Government in limited rights data as set forth in the

Limited Rights Notice of paragraph (g)(3) if included in this clause.

“Limited rights data” means data, other than computer software, developed wholly or in part at

private expense that embody trade secrets or are commercial or financial and confidential or

privileged.

“Restricted computer software” means computer software developed wholly or in part at private

expense and that is a trade secret, is commercial or financial and confidential or privileged, or is

copyrighted computer software, including minor modifications of the computer software.

“Restricted rights,” as used in this clause, means the rights of the Government in restricted

computer software, as set forth in a Restricted Rights Notice of paragraph (g) if included in this

clause, or as otherwise may be provided in a collateral agreement incorporated in and made part of

this contract, including minor modifications of such computer software.

“Technical data” means recorded information (regardless of the form or method of the recording)

of a scientific or technical nature (including computer databases and computer software

documentation). This term does not include computer software or financial, administrative, cost

or pricing, or management data or other information incidental to contract administration. The

term includes recorded information of a scientific or technical nature that is included in computer

databases (See 41 U.S.C. 403(8)).

“Unlimited rights” means the rights of the Government to use, disclose, reproduce, prepare

derivative works, distribute copies to the public, and perform publicly and display publicly, in any

manner and for any purpose, and to have or permit others to do so.

(b) Allocation of rights.

(1) Except as provided in paragraph (c) of this clause, the Government shall have unlimited

rights in—

(i) Data first produced in the performance of this contract exclusively at Government

expense;

(ii) Form, fit, and function data delivered under this contract;

(iii) Data delivered under this contract (except for restricted computer software) that

constitute manuals or instructional and training material for installation, operation, or routine

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maintenance and repair of items, components, or processes delivered or furnished for use under

this contract; and

(iv) All other data delivered under this contract unless provided otherwise for limited

rights data or restricted computer software in accordance with paragraph (g) of this clause.

(2) The Contractor shall have the right to—

(i) Assert copyright in data first produced in the performance of this contract to the extent

provided in paragraph (c)(1) of this clause;

(ii) Use, release to others, reproduce, distribute, or publish any data first produced or

specifically used by the Contractor in the performance of this contract, unless provided otherwise

in paragraph (d) of this clause;

(iii) Substantiate the use of, add, or correct limited rights, restricted rights, or copyright

notices and to take other appropriate action, in accordance with paragraphs (e) and (f) of this

clause; and

(iv) Protect from unauthorized disclosure and use those data that are limited rights data or

restricted computer software to the extent provided in paragraph (g) of this clause.

(3) There shall be a presumption that modifications to data identified in FAR 52.227-15

comprise limited rights data or restricted computer software.

(4) Data delivered under this contract, in which the Government previously obtained less than

limited or restricted rights, as defined in paragraph (g) of this clause, pursuant to the terms of

another contract or agreement, comprises limited rights data or restricted computer software under

this contract.

(5) In the event this contract is terminated for default, the Government shall have Government

purpose rights in all data first produced, and all software first developed, wholly or in part at

private expense in performance of this contract.

(1) Data first produced in the performance of this contract.

(i) Unless provided otherwise in paragraph (d) of this clause, the Contractor may, without

prior approval of the Contracting Officer, assert copyright in scientific and technical articles based

on or containing data first produced in the performance of this contract and published in academic,

technical or professional journals, symposia proceedings, or similar works. The prior, express

written permission of the Contracting Officer is required to assert copyright in all other data first

produced in the performance of this contract.

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(ii) When authorized to assert copyright to the data, the Contractor shall affix the

applicable copyright notices of 17 U.S.C. 401 or 402, and an acknowledgment of Government

sponsorship (including contract number).

(iii) For data other than computer software, the Contractor grants to the Government, and

others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such

copyrighted data to reproduce, prepare derivative works, distribute copies to the public, and

perform publicly and display publicly by or on behalf of the Government. For computer

software, the Contractor grants to the Government, and others acting on its behalf, a paid-up,

nonexclusive, irrevocable, worldwide license in such copyrighted computer software to reproduce,

prepare derivative works, and perform publicly and display publicly (but not to distribute copies to

the public) by or on behalf of the Government.

(2) Data not first produced in the performance of this contract. The Contractor shall not,

without the prior written permission of the Contracting Officer, incorporate in data delivered under

this contract any data not first produced in the performance of this contract unless the Contractor—

(i) Identifies the data; and

(ii) Grants to the Government, or acquires on its behalf, a license of the same scope as set

forth in paragraph (c)(1) of this clause or, if such data are restricted computer software, the

Government shall acquire a copyright license as set forth in paragraph (g)(4) of this clause (if

included in this contract) or as otherwise provided in a collateral agreement incorporated in or

made part of this contract.

(3) (i) The Contractor agrees not to establish claim to copyright, publish or release to others

any computer software first produced in the performance of this contract without the Contracting

Officer's prior written permission.

(ii) If the Government desires to obtain copyright in computer software first produced in

the performance of this contract and permission has not been granted as set forth in paragraph

(d)(3)(i) of this clause, the Contracting Officer may direct the Contractor to assert, or authorize the

assertion of, claim to copyright in such data and to assign, or obtain the assignment of, such

(iii) Whenever the word "establish" is used in this clause, with reference to a claim to

(4) Removal of copyright notices. The Government will not remove any authorized

reproductions of the data.

(d) Release, publication, and use of data. The Contractor shall have the right to use, release to

others, reproduce, distribute, or publish any data first produced or specifically used by the

Contractor in the performance of this contract, except—

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(1) As prohibited by Federal law or regulation (e.g., export control or national security laws or

regulations);

(2) As expressly set forth in this contract; or

(3) If the Contractor receives or is given access to data necessary for the performance of this

contract that contain restrictive markings, the Contractor shall treat the data in accordance with

such markings unless specifically authorized otherwise in writing by the Contracting Officer.

(e) Unauthorized marking of data.

(1) Notwithstanding any other provisions of this contract concerning inspection or acceptance,

if any data delivered under this contract are marked with the notices specified in paragraph (g)(3)

or (g) (4) if included in this clause, and use of the notices is not authorized by this clause, or if the

data bears any other restrictive or limiting markings not authorized by this contract, the

Contracting Officer may at any time either return the data to the Contractor, or cancel or ignore the

markings. However, pursuant to 41 U.S.C. 253d, the following procedures shall apply prior to

canceling or ignoring the markings.

(i) The Contracting Officer will make written inquiry to the Contractor affording the

Contractor 60 days from receipt of the inquiry to provide written justification to substantiate the

propriety of the markings;

(ii) If the Contractor fails to respond or fails to provide written justification to

substantiate the propriety of the markings within the 60-day period (or a longer time approved in

writing by the Contracting Officer for good cause shown), the Government shall have the right to

cancel or ignore the markings at any time after said period and the data will no longer be made

subject to any disclosure prohibitions.

(iii) If the Contractor provides written justification to substantiate the propriety of the

markings within the period set in paragraph (e)(1)(i) of this clause, the Contracting Officer will

consider such written justification and determine whether or not the markings are to be cancelled

or ignored. If the Contracting Officer determines that the markings are authorized, the Contractor

will be so notified in writing. If the Contracting Officer determines, with concurrence of the head

of the contracting activity, that the markings are not authorized, the Contracting Officer will

furnish the Contractor a written determination, which determination will become the final agency

decision regarding the appropriateness of the markings unless the Contractor files suit in a court of

competent jurisdiction within 90 days of receipt of the Contracting Officer’s decision. The

Government will continue to abide by the markings under this paragraph (e)(1)(iii) until final

resolution of the matter either by the Contracting Officer’s determination becoming final (in which

instance the Government will thereafter have the right to cancel or ignore the markings at any time

and the data will no longer be made subject to any disclosure prohibitions), or by final disposition

of the matter by court decision if suit is filed.

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(2) The time limits in the procedures set forth in paragraph (e)(1) of this clause may be

modified in accordance with agency regulations implementing the Freedom of Information Act (5

U.S.C. 552) if necessary to respond to a request thereunder.

(3) Except to the extent the Government’s action occurs as the result of final disposition of the

matter by a court of competent jurisdiction, the Contractor is not precluded by paragraph (e) of the

clause from bringing a claim, in accordance with the Disputes clause of this contract, that may

arise as the result of the Government removing or ignoring authorized markings on data delivered

under this contract.

(f) Omitted or incorrect markings.

(1) Data delivered to the Government without any restrictive markings shall be deemed to have

been furnished with unlimited rights. The Government is not liable for the disclosure, use, or

reproduction of such data.

(2) If the unmarked data has not been disclosed without restriction outside the Government, the

Contractor may request, within 6 months (or a longer time approved by the Contracting Officer in

writing for good cause shown) after delivery of the data, permission to have authorized notices

placed on the data at the Contractor’s expense. The Contracting Officer may agree to do so if the

Contractor—

(i) Identifies the data to which the omitted notice is to be applied;

(ii) Demonstrates that the omission of the notice was inadvertent;

(iii) Establishes that the proposed notice is authorized; and

(iv) Acknowledges that the Government has no liability for the disclosure, use, or

reproduction of any data made prior to the addition of the notice or resulting from the omission of

the notice.

(3) If data has been marked with an incorrect notice, the Contracting Officer may—

(i) Permit correction of the notice at the Contractor’s expense if the Contractor identifies

the data and demonstrates that the correct notice is authorized; or

(ii) Correct any incorrect notices.

(g) Protection of limited rights data and restricted computer software.

(1) The Contractor may withhold from delivery qualifying limited rights data or restricted

computer software that are not data identified in paragraphs (b)(1)(i), (ii), and (iii) of this clause.

As a condition to this withholding, the Contractor shall—

(i) Identify the data being withheld; and

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(ii) Furnish form, fit, and function data instead.

(2) Limited rights data that are formatted as a computer database for delivery to the

Government shall be treated as limited rights data and not restricted computer software.

(3) Notwithstanding paragraph (g)(1) of this clause, the contract may identify and specify the

delivery of limited rights data, or the Contracting Officer may require by written request the

delivery of limited rights data that has been withheld or would otherwise be entitled to be withheld.

If delivery of that data is required, the Contractor shall affix the following “Limited Rights Notice”

to the data and the Government will treat the data, subject to the provisions of paragraphs (e) and

(f) of this clause, in accordance with the notice:

Limited Rights Notice (Dec 2007) (Deviation)

(a) These data are submitted with limited rights under Government Contract No. _____ (and

subcontract ______, if appropriate). These data may be reproduced and used by the Government

with the express limitation that they will not, without written permission of the Contractor, be used

for purposes of manufacture nor disclosed outside the Government; except that the Government

may disclose these data outside the Government to support service contractors and/or pursuant to

agreements and contracts related to the International Space Station; provided that the

Government makes such disclosure subject to prohibition against further use and disclosure.

(b) In the event this contract is terminated for Contractor default, the Government shall have

Government purpose rights in all data first produced wholly or in part at private expense in

performance of this contract.

(End of notice)

(4) (i) Notwithstanding paragraph (g)(1) of this clause, the contract may identify and specify

the delivery of restricted computer software, or the Contracting Officer may require by written

request the delivery of restricted computer software that has been withheld or would otherwise be

entitled to be withheld. If delivery of that computer software is required, the Contractor shall

affix the following “Restricted Rights Notice” to the computer software and the Government will

treat the computer software, subject to paragraphs (e) and (f) of this clause, in accordance with the

notice:

Restricted Rights Notice (Dec 2007) (Deviation)

(a) This computer software is submitted with restricted rights under Government Contract No.

_______ (and subcontract ________, if appropriate). It may not be used, reproduced, or

disclosed by the Government except as provided in paragraph (b) of this notice or as otherwise

expressly stated in the contract.

(b) This computer software may be—

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(1) Used or copied for use with the computer(s) for which it was acquired, including use at any

Government installation to which the computer(s) may be transferred;

(2) Used or copied for use with a backup computer if any computer for which it was acquired is

inoperative;

(3) Reproduced for safekeeping (archives) or backup purposes;

(4) Modified, adapted, or combined with other computer software, provided that the modified,

adapted, or combined portions of the derivative software incorporating any of the delivered,

restricted computer software shall be subject to the same restricted rights;

(5) Disclosed to and reproduced for use by support service Contractors or their

subcontractors in accordance with paragraphs (b)(1) through (4) of this notice; and

(6) Used or copied for use with a replacement computer.

is licensed to the Government with the minimum rights set forth in paragraph (b) of this notice.

(d) Any other rights or limitations regarding the use, duplication, or disclosure of this computer

software are to be expressly stated in, or incorporated in, the contract.

(e) In the event this contract is terminated for Contractor default, the Government shall have

Government purpose rights in all computer software first developed wholly or in part at private

expense in performance of this contract.

(f) This notice shall be marked on any reproduction of this computer software, in whole or in part.

(End of notice)

(ii) Where it is impractical to include the Restricted Rights Notice on restricted computer

software, the following short-form notice may be used instead:

Restricted Rights Notice Short Form (Jun 1987)

Use, reproduction, or disclosure is subject to restrictions set forth in Contract No. _______ (and

subcontract, if appropriate) with ________ (name of Contractor and subcontractor).

(End of notice)

(iii) If restricted computer software is delivered with the copyright notice of 17 U.S.C.

401, it will be presumed to be licensed to the Government without disclosure prohibitions, with the

minimum rights set forth in paragraph (b) of this clause.

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(h) Subcontracting. The Contractor shall obtain from its subcontractors all data and rights therein

necessary to fulfill the Contractor’s obligations to the Government under this contract. If a

subcontractor refuses to accept terms affording the Government those rights, the Contractor shall

promptly notify the Contracting Officer of the refusal and shall not proceed with the subcontract

award without authorization in writing from the Contracting Officer.

(i) Relationship to patents or other rights. Nothing contained in this clause shall imply a license

to the Government under any patent or be construed as affecting the scope of any license or other

right otherwise granted to the Government except as specifically set forth in paragraph (b) of this

clause.

(End of Clause)

I.11 52.232-32 PERFORMANCE-BASED PAYMENTS (APR 2012) (Deviation),

(Applicable to Interim Performance-Based Payments Events)

(a) Amount of payments and limitations on payments. Subject to such other limitations and

conditions as are specified in this contract and this clause, the amount of payments and limitations

on payments shall be specified in the contract's description of the basis for payment.

(b) Contractor request for performance-based payment. The Contractor may submit requests for

payment of performance-based payments not more frequently than monthly, in a form and manner

acceptable to the Contracting Officer. Unless otherwise authorized by the Contracting Officer, all

performance-based payments in any period for which payment is being requested shall be included

in a single request, appropriately itemized and totaled. The Contractor's request shall contain the

information and certification detailed in paragraphs (l) and (m) of this clause.

(1) The Contractor shall not be entitled to payment of a request for performance-based

payment prior to successful accomplishment of the event or performance criterion for which

payment is requested. The Contracting Officer shall determine whether the event or performance

criterion for which payment is requested has been successfully accomplished in accordance with

the terms of the contract. The Contracting Officer may, at any time, require the Contractor to

substantiate the successful performance of any event or performance criterion which has been or is

represented as being payable.

(2) A payment under this performance-based payment clause is a contract financing payment

under the Prompt Payment clause of this contract and not subject to the interest penalty provisions

of the Prompt Payment Act. The designated payment office will pay approved requests on the

15th day after receipt of the request for performance-based payment by the designated payment

office. However, the designated payment office is not required to provide payment if the

Contracting Officer requires substantiation as provided in paragraph (c)(1) of this clause, or

inquires into the status of an event or performance criterion, or into any of the conditions listed in

paragraph (e) of this clause, or into the Contractor certification. The payment period will not

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begin until the Contracting Officer approves the request.

(3) The approval by the Contracting Officer of a request for performance-based payment does

not constitute an acceptance by the Government and does not excuse the Contractor from

performance of obligations under this contract.

(d) Liquidation of performance-based payments.

(1) Performance-based finance amounts paid prior to payment for delivery of an item shall be

liquidated by deducting a percentage or a designated dollar amount from the delivery payment. If

the performance-based finance payments are on a delivery item basis, the liquidation amount for

each such line item shall be the percent of that delivery item price that was previously paid under

performance-based finance payments or the designated dollar amount. If the performance-based

finance payments are on a whole contract basis, liquidation shall be by either predesignated

liquidation amounts or a liquidation percentage.

(2) If at any time the amount of payments under this contract exceeds any limitation in this

contract, the Contractor shall repay to the Government the excess. Unless otherwise determined

by the Contracting Officer, such excess shall be credited as a reduction in the unliquidated

performance-based payment balance(s), after adjustment of invoice payments and balances for any

retroactive price adjustments.

(e) Reduction or suspension of performance-based payments. The Contracting Officer may

reduce or suspend performance-based payments, liquidate performance-based payments by

deduction from any payment under the contract, or take a combination of these actions after

finding upon substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which

includes paragraphs (h) and (i) of this clause).

(2) Performance of this contract is endangered by the Contractor's -

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition.

(3) The Contractor is delinquent in payment of any subcontractor or supplier under this

contract in the ordinary course of business.

(f) Reserved.

(g) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear

the risk of loss for property, the title to which vests in the Government under this clause, except to

the extent the Government expressly assumes the risk. If any property is lost (see 45.101), the

basis of payment (the events or performance criteria) to which the property is related shall be

deemed to be not in compliance with the terms of the contract and not payable (if the property is

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part of or needed for performance), and the Contractor shall refund the related performance-based

payments in accordance with paragraph (d) of this clause.

(h) Records and controls. The Contractor shall maintain records and controls adequate for

administration of this clause. The Contractor shall have no entitlement to performance-based

payments during any time the Contractor's records or controls are determined by the Contracting

Officer to be inadequate for administration of this clause.

(i) Reports and Government access. The Contractor shall promptly furnish reports, certificates,

financial statements, and other pertinent information requested by the Contracting Officer for the

administration of this clause and to determine that an event or other criterion prompting a

financing payment has been successfully accomplished. The Contractor shall give the

Government reasonable opportunity to examine and verify the Contractor's records and to examine

and verify the Contractor's performance of this contract for administration of this clause.

(j) Special terms regarding default. If this contract is terminated under the Default clause, (1) the

Contractor shall, on demand, repay to the Government the amount of unliquidated

performance-based payments, and (2) title shall vest in the Contractor, on full liquidation of all

performance-based payments, for all property for which the Government elects not to require

delivery under the Default clause of this contract. The Government shall be liable for no payment

except as provided by the Default clause.

(k) Reservation of rights.

(1) No payment or vesting of title under this clause shall -

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause -

(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies

provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy,

power, or privilege, nor shall such exercise or any single exercise preclude or impair any further

exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(l) Content of Contractor's request for performance-based payment. The Contractor's request for

performance-based payment shall contain the following:

(1) The name and address of the Contractor;

(2) The date of the request for performance-based payment;

(3) The contract number and/or other identifier of the contract or order under which the request

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is made;

(4) Such information and documentation as is required by the contract's description of the basis

for payment; and

(5) A certification by a Contractor official authorized to bind the Contractor, as specified in

paragraph (m) of this clause.

(m) Content of Contractor's certification. As required in paragraph (l)(5) of this clause, the

Contractor shall make the following certification in each request for performance-based payment:

I certify to the best of my knowledge and belief that -

(1) This request for performance-based payment is true and correct; this request (and

attachments) has been prepared from the books and records of the Contractor, in accordance with

the contract and the instructions of the Contracting Officer;

(2) (Except as reported in writing on __________), all payments to subcontractors and

suppliers under this contract have been paid, or will be paid, currently, when due in the ordinary

course of business;

(3) There are no encumbrances (except as reported in writing on _________) against the

property acquired or produced for, and allocated or properly chargeable to, the contract which

would affect or impair the Government's title;

(4) There has been no materially adverse change in the financial condition of the Contractor

since the submission by the Contractor to the Government of the most recent written information

dated _____________; and

(5) After the making of this requested performance-based payment, the amount of all payments

for each deliverable item for which performance-based payments have been requested will not

exceed any limitation in the contract, and the amount of all payments under the contract will not

exceed any limitation in the contract.

(End of Clause)

I.12 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS (AUG 2012) (DEVIATION)

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16,

Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the Contractor is required to

make accelerated payments to small business subcontractors to the maximum extent practicable

after receipt of a proper invoice and all proper documentation from the small business

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subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small

business concerns.

Prompt Payment Act.

(End of Clause)

I.13 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

(Applicable To CLIN 002 And Any Appropriate Task Orders Per CLIN 003) (

DEVIATION)

(a) (1) The Government may, subject to paragraphs (c) and (d) and (i) of this clause, by written

notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails

to --

(i) Deliver the supplies or to perform the services within the time specified in this

contract or any extension;

(ii) Make progress, so as to endanger performance of this contract (but see subparagraph

(a)(2) of this clause); or

(iii) Perform any of the other provisions of this contract (but see subparagraph (a)(2) of

this clause).

(2) The Government’s right to terminate this contract under subdivisions (a)(1)(ii) and (1)(iii)

of this clause, may be exercised if the Contractor does not cure such failure within 10 days (or

more if authorized in writing by the Contracting Officer) after receipt of the notice from the

Contracting Officer specifying the failure.

(b) If the Government terminates this contract in whole or in part, it may acquire, under the terms

and in the manner the Contracting Officer considers appropriate, supplies or services similar to

those terminated, and the Contractor will be liable to the Government for any excess costs for

those supplies or services limited to $200 million for all task orders ordered and not accepted under

CLIN 002 and CLIN 003. The $200 million is a cumulative total to include any excess

re-procurement costs assessed under FAR 52.249-9, Default (Fixed-Price Research and

Development) as modified within this contract. However, the Contractor shall continue the work

not terminated.

excess costs if the failure to perform the contract arises from causes beyond the control and

without the fault or negligence of the Contractor. Examples of such causes include

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(1) acts of God or of the public enemy,

(2) acts of the Government in either its sovereign or contractual capacity,

(3) fires,

(4) floods,

(5) epidemics,

(6) quarantine restrictions,

(7) strikes,

(8) freight embargoes, and

(9) unusually severe weather.

In each instance the failure to perform must be beyond the control and without the fault or

negligence of the Contractor.

(d) If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause

of the default is beyond the control of both the Contractor and subcontractor, and without the fault

or negligence of either, the Contractor shall not be liable for any excess costs for failure to

perform, unless the subcontracted supplies or services were obtainable from other sources in

sufficient time for the Contractor to meet the required delivery schedule.

(e) If this contract is terminated for default, the Government may require the Contractor to transfer

title and deliver to the Government, as directed by the Contracting Officer, any

(1) completed supplies, and

(2) partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings,

information, and contract rights (collectively referred to as “manufacturing materials” in this

clause) that the Contractor has specifically produced or acquired for the terminated portion of this

contract.

Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property

in its possession in which the Government has an interest.

(f) The Government shall pay contract price for completed supplies delivered and accepted. The

Contractor and Contracting Officer shall agree on the amount of payment for manufacturing

materials delivered and accepted and for the protection and preservation of the property. Failure to

agree will be a dispute under the Disputes clause. The Government may withhold from these

amounts any sum the Contracting Officer determines to be necessary to protect the Government

against loss because of outstanding liens or claims of former lien holders.

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(g) If, after termination, it is determined that the Contractor was not in default, or that the default

was excusable, the rights and obligations of the parties shall be the same as if the termination had

been issued for the convenience of the Government.

(h) The rights and remedies of the Government in this clause are in addition to any other rights and

remedies provided by law or under this contract.

(i) The rights and remedies of the Government under this clause are superseded by the conditions

in clause H.21 Post Certification Mission Success Determination, specific to the Post Certification

Mission (PCM) flights that end in a mission failure or partial mission success. A mission failure

or partial mission success determination pursuant to clause H.21for a PCM shall not be the basis

for a default termination for that PCM task order under this clause. For all other activities under

the contract not part of this PCM task order, the Government reserves the right to terminate the

contract for default.

(End of Clause)

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I.14 52.249-9 DEFAULT (FIXED-PRICE RESEARCH AND DEVELOPMENT)

(APR 1984) (Applicable To CLIN 001 And Any Appropriate Task Orders Per CLIN 003)

(DEVIATION)

(a) (1) The Government may, subject to paragraphs (c) and (d) of this clause, by written Notice of

Default to the Contractor, terminate this contract in whole or in part if the Contractor fails to --

(i) Perform the work under the contract within the time specified in this contract or any

extension;

(ii) Prosecute the work so as to endanger performance of this contract (but see

subparagraph (a)(2) of this clause); or

(iii) Perform any of the other provisions of this contract (but see subparagraph (a)(2) of

this clause).

(2) The Government’s right to terminate this contract under subdivisions (a)(1)(ii) and (iii) of

this clause may be exercised if the Contractor does not cure such failure within 10 days (or more, if

authorized in writing by the Contracting Officer) after receipt of the notice from the Contracting

Officer specifying the failure.

(b) If the Government terminates this contract in whole or in part, it may acquire, under the terms

and in the manner the Contracting Officer considers appropriate, work similar to the work

terminated, and the Contractor will be liable to the Government for any excess costs for the similar

work limited to 200 million dollars, for work under CLIN 001 and for all task orders ordered and

not accepted under CLIN 003. The 200 million dollars is a cumulative total to include any excess

re-procurement costs assessed under FAR 52.249-8, Default (Fixed-Price Supply and Service) as

modified within this contract. However, the Contractor shall continue the work not terminated.

excess costs if the failure to perform the contract arises from causes beyond the control and

without the fault or negligence of the Contractor. Examples of such causes include

(1) acts of God or of the public enemy,

(2) acts of the Government in either its sovereign or contractual capacity,

(3) fires,

(4) floods,

(5) epidemics,

(6) quarantine restrictions,

(7) strikes,

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(8) freight embargoes, and

(9) unusually severe weather.

In each instance the failure to perform must be beyond the control and without the fault or

negligence of the Contractor.

(d) If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause

of the default is beyond the control of both the Contractor and subcontractor, and without the fault

or negligence of either, the Contractor shall not be liable for any excess costs for failure to

perform, unless the subcontracted supplies or services were obtainable from other sources in

sufficient time for the Contractor to meet the required delivery schedule or other performance

requirements.

(e) If this contract is terminated for default, the Government may require the Contractor to transfer

title and deliver to the Government, as directed by the Contracting Officer, any

(1) completed or partially completed work not previously delivered to, and accepted by, the

Government and

(2) other property, including contract rights, specifically produced or acquired for the

terminated portion of this contract.

Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property

in its possession in which the Government has an interest.

(f) The Government shall pay the contract price, if separately stated, for completed work it has

accepted and the amount agreed upon by the Contractor and the Contracting Officer for

(1) completed work for which no separate price is stated,

(2) partially completed work,

(3) other property described above that it accepts, and

(4) the protection and preservation of the property.

Failure to agree will be a dispute under the Disputes clause. The Government may withhold from

these amounts any sum the Contracting Officer determines to be necessary to protect the

Government against loss from outstanding liens or claims of former lien holders.

(g) If, after termination, it is determined that the Contractor was not in default, or that the default

was excusable, the rights and obligations of the parties shall be the same as if the termination had

been issued for the convenience of the Government.

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(h) The rights and remedies of the Government in this clause are in addition to any other rights and

remedies provided by law or under this contract.

(End of Clause)

I.15 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the

date of the clause.

(b) The use in this solicitation or contract of any NFS (48 CFR Chapter 18) clause with an

authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the

regulation.

(End of Clause)

I.16 NFS 1852.215-84 OMBUDSMAN. (NOV 2011) -- Alternate I (JUN 2000)

(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 email

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.

Contractors and ensure they are afforded a fair opportunity to be considered, consistent with the

procedures of the contract.

(End of Clause)

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I.17 NFS 1852.225-71 RESTRICTION ON FUNDING ACTIVITY WITH CHINA (FEB

2012)

(a) Definition - "China" or "Chinese-owned company" means the People's Republic of China, any

company owned by the People's Republic of China or any company incorporated under the laws of

the People's Republic of China.

(b) Public Laws 112-10, Section 1340(a) and 112-55, Section 539, restrict NASA from contracting

to participate, collaborate, coordinate bilaterally in any way with China or a Chinese-owned

company using funds appropriated on or after April 25, 2011. Contracts for commercial and non

developmental items are exempted from the prohibition because they constitute purchase of goods

or services that would not involve participation, collaboration, or coordination between the parties.

Contractor shall not contract with China or Chinese-owned companies for any effort related to this

contract except for acquisition of commercial and non-developmental items. If the Contractor

anticipates making an award to China or Chinese-owned companies, the Contractor must contact

the contracting officer to determine if funding on this contract can be used for that purpose.

(d) Subcontracts - The Contractor shall include the substance of this clause in all subcontracts

made hereunder.

(End of Clause)

I.18 NFS 1852.237-72 ACCESS TO SENSITIVE INFORMATION (JUN 2005)

(a) As used in this clause, “sensitive information”' refers to information that a Contractor has

developed at private expense, or that the Government has generated that qualifies for an exception

to the Freedom of Information Act, which is not currently in the public domain, and which may

embody trade secrets or commercial or financial information, and which may be sensitive or

privileged.

(b) To assist NASA in accomplishing management activities and administrative functions, the

Contractor shall provide the services specified elsewhere in this contract.

Contractor agrees to--

(1) Utilize any sensitive information coming into its possession only for the purposes of

performing the services specified in this contract, and not to improve its own competitive position

in another procurement.

(2) Safeguard sensitive information coming into its possession from unauthorized use and

disclosure.

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(3) Allow access to sensitive information only to those employees that need it to perform

services under this contract.

(4) Preclude access and disclosure of sensitive information to persons and entities outside of

the Contractor's organization.

(5) Train employees who may require access to sensitive information about their obligations to

utilize it only to perform the services specified in this contract and to safeguard it from

unauthorized use and disclosure.

(6) Obtain a written affirmation from each employee that he/she has received and will comply

with training on the authorized uses and mandatory protections of sensitive information needed in

performing this contract.

(7) Administer a monitoring process to ensure that employees comply with all reasonable

security procedures, report any breaches to the Contracting Officer, and implement any necessary

corrective actions.

(d) The Contractor will comply with all procedures and obligations specified in its Organizational

Conflicts of Interest Avoidance Plan, which this contract incorporates as a compliance document.

(e) The nature of the work on this contract may subject the Contractor and its employees to a

variety of laws and regulations relating to ethics, conflicts of interest, corruption, and other

criminal or civil matters relating to the award and administration of government contracts.

Recognizing that this contract establishes a high standard of accountability and trust, the

Government will carefully review the Contractor's performance in relation to the mandates and

restrictions found in these laws and regulations. Unauthorized uses or disclosures of sensitive

information may result in termination of this contract for default, or in debarment of the Contractor

for serious misconduct affecting present responsibility as a Government Contractor.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), suitably

modified to reflect the relationship of the parties, in all subcontracts that may involve access to

sensitive information

(End of Clause)

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I.19 NFS 1852.237-73 RELEASE OF SENSITIVE INFORMATION (JUN 2005)

(a) As used in this clause, "Sensitive information" refers to information, not currently in the public

domain, that the Contractor has developed at private expense, that may embody trade secrets or

commercial or financial information, and that may be sensitive or privileged.

(b) In accomplishing management activities and administrative functions, NASA relies heavily on

the support of various service providers. To support NASA activities and functions, these service

providers, as well as their subcontractors and their individual employees, may need access to

sensitive information submitted by the Contractor under this contract. By submitting this

proposal or performing this contract, the Contractor agrees that NASA may release to its service

providers, their subcontractors, and their individual employees, sensitive information submitted

during the course of this procurement, subject to the enumerated protections mandated by the

clause at 1852.237-72, Access to Sensitive Information.

proposal or in performing this contract. For purposes of identifying sensitive information, the

Contractor may, in addition to any other notice or legend otherwise required, use a notice similar to

the following:

Mark the title page with the following legend:

This proposal or document includes sensitive information that NASA shall not disclose outside the

Agency and its service providers that support management activities and administrative functions.

To gain access to this sensitive information, a service provider's contract must contain the clause at

NFS 1852.237-72, Access to Sensitive Information. Consistent with this clause, the service

provider shall not duplicate, use, or disclose the information in whole or in part for any purpose

other than to perform the services specified in its contract. This restriction does not limit the

Government's right to use this information if it is obtained from another source without restriction.

The information subject to this restriction is contained in pages [insert page numbers or other

identification of pages]. Mark each page of sensitive information the Contractor wishes to restrict

with the following legend:

Use or disclosure of sensitive information contained on this page is subject to the restriction on the

title page of this proposal or document.

(2) The Contracting Officer shall evaluate the facts supporting any claim that particular

information is "sensitive." This evaluation shall consider the time and resources necessary to

protect the information in accordance with the detailed safeguards mandated by the clause at

1852.237-72, Access to Sensitive Information. However, unless the Contracting Officer decides,

with the advice of Center counsel, that reasonable grounds exist to challenge the Contractor's

claim that particular information is sensitive, NASA and its service providers and their employees

shall comply with all of the safeguards contained in paragraph (d) of this clause.

(d) To receive access to sensitive information needed to assist NASA in accomplishing

management activities and administrative functions, the service provider must be operating under

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a contract that contains the clause at 1852.237-72, Access to Sensitive Information. This clause

obligates the service provider to do the following:

(1) Comply with all specified procedures and obligations, including the Organizational

Conflicts of Interest Avoidance Plan, which the contract has incorporated as a compliance

document.

(2) Utilize any sensitive information coming into its possession only for the purpose of

performing the services specified in its contract.

(3) Safeguard sensitive information coming into its possession from unauthorized use and

disclosure.

(4) Allow access to sensitive information only to those employees that need it to perform

services under its contract.

(5) Preclude access and disclosure of sensitive information to persons and entities outside of

the service provider's organization.

(6) Train employees who may require access to sensitive information about their obligations

to utilize it only to perform the services specified in its contract and to safeguard it from

unauthorized use and disclosure.

(7) Obtain a written affirmation from each employee that he/she has received and will

comply with training on the authorized uses and mandatory protections of sensitive information

needed in performing this contract.

(8) Administer a monitoring process to ensure that employees comply with all reasonable

security procedures, report any breaches to the Contracting Officer, and implement any necessary

corrective actions.

(e) When the service provider will have primary responsibility for operating an information

technology system for NASA that contains sensitive information, the service provider's contract

shall include the clause at 1852.204-76, Security Requirements for Unclassified Information

Technology Resources. The Security Requirements clause requires the service provider to

implement an Information Technology Security Plan to protect information processed, stored, or

transmitted from unauthorized access, alteration, disclosure, or use. Service provider personnel

requiring privileged access or limited privileged access to these information technology systems

are subject to screening using the standard National Agency Check (NAC) forms appropriate to

the level of risk for adverse impact to NASA missions. The Contracting Officer may allow the

service provider to conduct its own screening, provided the service provider employs substantially

equivalent screening procedures.

(f) This clause does not affect NASA's responsibilities under the Freedom of Information Act.

(g) The Contractor shall insert this clause, including this paragraph (g), suitably modified to reflect

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the relationship of the parties, in all subcontracts that may require the furnishing of sensitive

information.

(End of Clause)

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SECTION J. LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

J.1 LIST OF ATTACHMENTS

The following documents are attached hereto and made a part of this contract:

Attachment

Document

Revision Date

Attachment J

01,

Integrated Crew Transportation

System Requirements

July 7, 2014

Attachment J-02, Data Requirement Deliverables

(DRDs)

July 7, 2014

Attachment J-03, Contract Performance Work

Statement (PWS)

July 7, 2014

Attachment J

03,

Appendix A,

Milestone

Acceptance Criteria and Payment Schedule

July 7, 2014

Attachment J-04, Small Business Subcontracting Plan July 7, 2014

Attachment J-05, Glossary and Acronym List July 7, 2014

Attachment J

06,

Personal Identity Verification (PIV)

Card Issuance Procedure

July 7, 2014

(End of Clause)

Attachment J-01

NNK14MA74C - Commercial Crew Transportation Capability (CCtCap) Contract

Page 1 of 10

Attachment J-01

Integrated Crew Transportation System (CTS)

Requirements

Attachment J-01

NNK14MA74C - Commercial Crew Transportation Capability (CCtCap) Contract

Page 2 of 10

Requirements Documents

The documents listed in Table J01-1, Commercial Crew Transportation Capability (CCtCap)

Applicable Documents, are applicable for this contract and provide the Crew Transportation

System (CTS) requirements for the International Space Station (ISS) Design Reference Mission

(DRM). Documents listed as applicable within the documents in Table J01-1 are also applicable

documents for this contract. In addition, documents listed as reference within the documents in

Table J01-1 are also reference documents for this contract, except for CCT-PLN-1120, Crew

Transportation Technical Management Processes. Although CCT-PLN-1120 is listed as a

reference document in CCT-REQ-1130, ISS Crew Transportation and Services Requirements

Document, it is considered an applicable document for the contract. The applicable and

reference documents are available at http://commercialcrew.nasa.gov/.

For the documents listed in Table J01-1, Commercial Crew Transportation Capability (CCtCap)

Applicable Documents, the term “Commercial Provider” shall be construed to mean

“Contractor”.

CCT-REQ-1130 Sections 4.0 through 4.3 establish verification requirements for the design

requirements established in Section 3.0. NASA recognizes numerous methods exist to verify

compliance to requirements and encourages the formulation of innovative verification

requirements that satisfy the overall verification objectives. Once a specific contractor’s

verification plan is approved by NASA, the content of the plan will supersede the specific

verification statements in section 4.3 of CCT-REQ-1130 and will be considered approved

tailoring of the associated requirement.

Table J01-1: Commercial Crew Transportation Capability (CCtCap) Applicable

Documents

Document Number Revision Document Title

CCT-PLN-1100 B-1 Crew Transportation Plan

CCT-DRM-1110 Basic-1

Crew Transportation System Design Reference

Missions

CCT-PLN-1120 C

Crew Transportation Technical Management

Processes

CCT-REQ-1130 C

ISS Crew Transportation and Services

Requirements Document

CCT-STD-1140 A-1

Crew Transportation Standards and Processes

Criteria

CCT-STD-1150 A-1 Crew Transportation Operations Standards

SSP 50808

E plus DCN

0135B, 0146A,

0149, 0151, 0152,

0153

International Space Station (ISS) to Commercial

Orbital Transportation Services (COTS)

Interface Requirements Document (IRD)

Variances and Alternate Standards, as described in Table J01-2,CPC Appendix to Applicable

Documents, that were approved by NASA as part of Certification Products Contract (CPC) shall

be incorporated as appendices to affected applicable documents.

Attachment J-01

NNK14MA74C - Commercial Crew Transportation Capability (CCtCap) Contract

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Table J01-2 CPC Appendix to Applicable Documents

Attachment J-01

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Attachment J-01

Page 7 of 10

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Attachment J-03

NNK14MA74C - Commercial Crew Transportation Capability (CCtCap) Contract

NNK14467515R

Commercial Crew

Transportation Capability

(CCtCap)

Performance Work Statement

(Attachment J-03)

Solicitation NNK14467515R

Attachment J-03

NNK14MA74C - Commercial Crew Transportation Capability (CCtCap) Contract

Table of Contents

Introduction .................................................................................................................................... 1

Scope .................................................................................................................................................. 2

1 Management............................................................................................................................ 3

1.1 Government Insight and Technical Interaction.......................................................... 3

1.1.1 Government Insight .............................................................................................................3

1.1.2 SpaceX - NASA Technical Interaction............................................................................ 4

1.2 Program Management................................................................................................ 4

1.2.1 Milestones, ISS Integration and Certification............................................................. 5

1.2.2 Performance and Progress Management .................................................................... 5

1.2.3 Information and Security Management ....................................................................... 6

1.2.4 Risk Management.................................................................................................................. 6

1.2.5 Safety and Mission Assurance.......................................................................................... 6

1.2.6 Systems Engineering and Configuration Management .......................................... 7

1.2.7 Mission Assurance, Inspection and Surveillance...................................................... 8

1.2.8 Management of Launch Slots and Launch Windows............................................... 8

1.3 Lifecycle Cost Management ...................................................................................... 8

2 Design, Development, Test and Evaluation (DDTE)/ Certification of the

Commercial Crew Transportation System (CTS) (CLIN 001).................................... 9

2.1 Design, Development, Test and Evaluation (DDT&E) ............................................. 9

2.1.1 Crew Vehicle – Dragon........................................................................................................ 9

2.1.2 Launch Vehicle – Falcon 9 .............................................................................................. 12

2.1.3 Ground Systems and Operations ................................................................................. 14

2.1.4 Mission Systems and Operations................................................................................. 15

2.1.5 Interim Development Milestones................................................................................ 19

2.1.6 Approach to Docking with the ISS............................................................................... 21

2.2 ISS Integration ......................................................................................................... 22

2.3 Flight Tests............................................................................................................... 23

2.3.1 Mission Planning Management and Execution....................................................... 23

Attachment J-03

NNK14MA74C - Commercial Crew Transportation Capability (CCtCap) Contract

2.3.2 Mission Milestones............................................................................................................ 23

2.3.3 Mission Integration........................................................................................................... 24

2.3.4 CTS Integration................................................................................................................... 26

2.3.5 Crew Integration ................................................................................................................ 28

2.3.6 Cargo Integration............................................................................................................... 29

3 Certification Maturity....................................................................................................... 31

3.1 PWS Additions in Response to CPC Final Technical Summary Report................. 31

4 Post-Certification Missions (CLIN 002).................................................................... 38

4.1 Mission Planning Management and Execution........................................................ 38

4.1.1 Mission Milestones............................................................................................................ 38

4.1.2 Mission Schedule................................................................................................................ 47

4.1.3 Mission Integration........................................................................................................... 48

4.1.4 CTS Integration................................................................................................................... 50

4.1.5 Crew and Cargo Integration........................................................................................... 52

4.1.6 CTS Certification Maintenance ..................................................................................... 54

5 IDIQ Special Studies (CLIN 003).................................................................................. 57

Attachment J-03

NNK14MA74C - Commercial Crew Transportation Capability (CCtCap) Contract

INTRODUCTION

The purpose of the Commercial Crew Program (CCP) is to facilitate the development of a US

commercial crew space transportation capability with the goal of achieving safe, reliable and

cost- effective access to and from the International Space Station (ISS). The program includes

spacecraft, launch vehicles, ground and mission systems.

NASA is using a two-phased acquisition to certify fully integrated crew transportation systems

(CTS) that meet specified NASA safety and ISS requirements and standards, and begin missions

to the ISS. Phase 1, the Certification Products Contract (CPC), requires delivery and disposition

of specified early lifecycle plans and products that address CTS compliance with NASA’s

standards and requirements for an ISS design reference mission (DRM). The CPC deliverables

mature in parallel with the CTS design. Phase 2, the Commercial Crew Transportation Capability

(CCtCap) contract, includes the final design, development, test and evaluation (DDTE) activities

necessary to achieve NASA certification of a CTS for the ISS DRM within CCT-DRM-1110.

CCtCap culminates in NASA’s certification of the CTS and the execution of post-certification

missions (PCMs) transporting NASA crew to the ISS.

This Performance Work Statement (PWS) defines the work to be accomplished by SpaceX

during CCtCap in support of certification of its CTS, the Dragon-Falcon 9 Crew System, and the

performance of post-certification missions. SpaceX shall perform the services and deliver the

products described in this PWS, in compliance with the contract terms and conditions and the

requirements contained in the applicable documents, CTS Requirements, Data Requirements

Descriptions (DRDs), and other plans and sections contained within the contract.

Attachment J-03

NNK14MA74C - Commercial Crew Transportation Capability (CCtCap) Contract

SCOPE

SpaceX shall complete the design, development, test, evaluation and certification of an

integrated CTS capable of transporting NASA crew to and from the ISS, in accordance with the

DRM and the certification standards and requirements specified in this contract under CLIN 001.

The CTS is the collection of all space-based and ground-based systems (encompassing hardware

and software) used to conduct space missions or support activity in space, including the

integrated space vehicle (Dragon), space-based communication and navigation systems, launch

systems (Falcon 9) and mission/launch control. Certification of the CTS shall be determined by

NASA. SpaceX shall also provide complete, initial PCMs to and from the ISS including ground,

launch, on-orbit, return and recovery operations, as ordered by IDIQ tasks under CLIN 002 of

this contract. SpaceX shall provide special studies for risk reduction and other purposes related

to its CTS, to the extent ordered under CLIN 003 of this contract.

SpaceX shall provide all facilities, resources, personnel, items or services necessary to perform

the requirements specified in Section B, Supplies or Services and Prices/Costs (except for

government-furnished property as listed in Clause G.6, NFS 1852.245-76, List Of Government

Property Furnished Pursuant To FAR 52.245-1 and Government Furnished Services and Data as

listed in Clause H.12) in accordance with the following:

 Attachment J-01, Integrated Crew Transportation System (CTS) Requirements.

 Attachment J-02, Data Requirement Deliverables (DRDs).

 Attachment J-03, Contract Performance Work Statement (PWS).

 Attachment J-03, Appendix A, Milestone Acceptance Criteria and Payment Schedule.

All CCtCap services require compliance with the governing regulations and laws affecting the

procurement and execution of the contract. Compliance with applicable documents, CTS

Requirements, and DRDs is mandatory. However, SpaceX’s use of alternative means and

methods to meet these is acceptable, provided the same level of rigor and stringency is preserved

and their alternate use or variance is approved by NASA.

Attachment J-03

NNK14MA74C - Commercial Crew Transportation Capability (CCtCap) Contract

1 MANAGEMENT

In close cooperation with NASA, SpaceX shall define, manage and implement technical

management plans and processes associated with achieving and maintaining NASA certification

and executing post-certification missions throughout the CTS life cycle in accordance with CCT-

PLN-1120, Crew Transportation Technical Management Processes. The execution of these

processes will ensure that the CTS is developed, produced and operated in a repeatable manner

throughout the life cycle of the system.

SpaceX shall identify and implement a process to determine and mitigate the CTS safety risk to

the lowest achievable level throughout the lifecycle and clearly communicate to NASA all

associated mitigations and residual safety risk.

The following work statements under this Section 1, Management, are applicable to

all CLINs related to this contract.

1.1 Government Insight and Technical Interaction

1.1.1 Government Insight

SpaceX and NASA shall establish and maintain cooperative relationships to facilitate successful

NASA insight. The NASA insight team includes the Joint Test Team and Government Quality

Assurance personnel as documented in the Insight Implementation Plan. NASA insight personnel

shall be provided with timely notification and access to the full range of appropriate activities

listed in CCT-PLN-1100, Appendix C, Insight Areas, as well as any additional activities listed in

the Insight Implementation Plan.

SpaceX, through the insight team, shall give NASA electronic access to

. NASA insight personnel shall also have electronic

access to

. SpaceX shall accommodate designated NASA insight personnel, including

members of the Joint Test Team, .

This insight will provide NASA an understanding of SpaceX’s activities and data through an

effective working relationship, inspections and interactions, without approval or disapproval

authority, and will provide information for the eventual certification approval.

The DRD 001 Insight Implementation Plan delivered with SpaceX’s proposal is approved for use

in performance of the contract until subsequent DRD delivery. SpaceX shall deliver and execute

DRD 001 Insight Implementation Plan, in accordance with Clause H.15, Government Insight.

Attachment J-03

NNK14MA74C - Commercial Crew Transportation Capability (CCtCap) Contract

1.1.2 SpaceX - NASA Technical Interaction

SpaceX shall develop the operational products for mission planning and execution. For ISS

integrated operations, SpaceX shall jointly develop with NASA the operational products and

mission planning and joint execution.

SpaceX shall jointly develop with NASA a crew training template for CTS and ISS training

(Reference DA8-13-193, Notional Training Template for ISS Crewmembers, dated October 31,

2013).

SpaceX shall develop and deliver data in accordance with DRD 114 Crew Transportation System

(CTS) Data Input for NASA Integration and Independent Verification and Validation (IV&V).

SpaceX shall provide technical expertise and participate:

(a) In NASA evaluation and review of performance milestone deliverables at NASA

Commercial Crew Program (CCP) Program Boards as defined in CCT-PLN-1000, Crew

Transportation Plan. In support of issues related to Crew Transportation System (CTS)

Certification, SpaceX may attend and support NASA Program Boards, as invited. SpaceX

may also request a NASA Program Board to be convened in support of issues related to

CTS Certification.

(b) In Operational forums (e.g. Joint Operations Panel (JOP) and Flight Operations Review

(FOR)) to support the analyses and data delivered to NASA for the development of joint

NASA operations products, analyses and tools.

integration products and execution of joint processes.

(d) In NASA Independent Verification and Validation (IV&V) activities.

(e) In the Integrated Safety Review Process defined in CCT-PLN-1120, Crew Transportation

Technical Management Processes. SpaceX’s participation shall include technical

expertise in support of Phase Safety Reviews of Hazard Reports. The end goal of each

Phase Safety Review is for the safety analysis to achieve the relevant Phase II or III

approval from NASA, resulting in a product that meets the criteria in SSP 30599 and can

be delivered in accordance with DRD 110 Hazard Reports.

(f) In NASA/FAA/Range trilateral discussions representing their recommendations when

crew safety and public safety risk considerations are assessed.

1.2 Program Management

SpaceX shall maintain and comply with the management processes, systems and data

deliverables used for all contract CLINs throughout the life of the contract.

SpaceX shall follow the applicable standards, documents, requirements and processes as

specified in Attachment J-01 Integrated Crew Transportation System (CTS), Table J01-1 and

Table J01-2.

Attachment J-03

NNK14MA74C - Commercial Crew Transportation Capability (CCtCap) Contract

SpaceX shall document its project management process in a Project Management Plan in

accordance with CCT-PLN-1120.

SpaceX shall maintain current DRDs and data deliverables as specified in Attachment J-02 Data

Requirement Deliverables (DRDs).

SpaceX shall perform the following program management activities to meet mission objectives:

 System architecture definition.

 System design.

 System performance.

o System technical baseline definition and maintenance.

 Capability validation.

 Risk/issue management.

 Integration and test.

 Interface management.

 Customer requirements verification.

 Tracking and reporting of contract performance.

1.2.1 Milestones, ISS Integration and Certification

The DRD 101 Milestone Review Plan delivered with SpaceX’s proposal is approved for use in

performance of the contract until subsequent DRD delivery.

SpaceX shall perform ISS integration in accordance with the intent of SSP 50964, Visiting

Vehicle ISS Integration Plan.

SpaceX shall deliver and implement all plans listed in CCT-PLN-1120, Crew Transportation

Technical Management Processes.

1.2.2 Performance and Progress Management

SpaceX shall conduct Quarterly Program Reviews (QPRs) with NASA and shall develop and

deliver DRD 005 Quarterly Program Review Briefing Package prior to every QPR. The reviews

shall provide insight into SpaceX's overall technical progress, schedule status, cost assessment,

and plans forward.

SpaceX shall develop and deliver an Integrated Master Plan/Integrated Master Schedule in

accordance with DRD 002 Integrated Master Plan & Integrated Master Schedule. SpaceX shall

manage the execution of the program using the IMP/IMS. SpaceX shall report on the contract

Attachment J-03

NNK14MA74C - Commercial Crew Transportation Capability (CCtCap) Contract

progress in accordance with the IMP at each QPR. SpaceX shall provide NASA with monthly

updates to the IMS following the monthly schedule review meeting conducted by SpaceX.

1.2.3 Information and Security Management

SpaceX shall develop and deliver DRD 003 Information Technology (IT) Security Management

Plan and DRD 004 IT Security Plan in accordance with Clause I.2 NFS 1852.204-76, Security

Requirements for Unclassified Information Technology Resources.

SpaceX shall develop and deliver an Export Control Plan in accordance with DRD 006 Export

Control Plan.

1.2.4 Risk Management

SpaceX shall employ measures to maximize safety and protect the public, crew, personnel and

property.

SpaceX shall identify, evaluate, manage and control the safety, technical, cost and schedule

related risks throughout the CCtCap contract. SpaceX shall identify and address risks early

enough to allow adequate time to develop and implement mitigations, thereby reducing both the

likelihood a risk will occur and the cost of mitigation.

SpaceX shall manage risks in accordance with the SpaceX Risk Management Plan, which is

consistent with NPR 8000.4A and CCT-PLN-1120 requirements.

Before each flight SpaceX shall ensure that:

 Risks are mitigated or accepted.

 Issues are dispositioned and accepted.

 Procedures are reviewed and baselined.

 Corrective actions are completed.

1.2.5 Safety and Mission Assurance

SpaceX shall complete analyses in compliance with CCT-PLN-1120 to meet all requirements in

CCT-REQ-1130 and SSP 50808. To meet these requirements SpaceX shall complete at a

minimum:

 Failure modes, effects and criticality analysis.

Attachment J-03

NNK14MA74C - Commercial Crew Transportation Capability (CCtCap) Contract

 Hazard analysis.

 Probabilistic safety analysis.

 Software safety analysis.

SpaceX shall comply with all applicable Range requirements and deliver DRD 113 Range Safety

Documentation.

SpaceX shall conduct a crew survivability analysis for all mission phases in accordance with

CCT-PLN-1120.

1.2.6 Systems Engineering and Configuration Management

SpaceX shall perform all the basic components of systems engineering—including requirements

analysis and verification, design environments specification and certification, interface control,

integrated test and verification, design control, configuration management, risk management, and

problem reporting and corrective action.

 Requirements Management – SpaceX shall track requirements in , a requirements

management tool. ReqX shall track and trace all requirements in CCT-REQ-1130 and

SSP 50808.

 Verification – SpaceX shall deliver and implement a Verification and Validation (V&V)

Plan in accordance with DRD 108 Verification and Validation (V&V) Plan and CCT-

PLN-1120. This plan shall detail the approaches for verifying requirement compliance.

As relevant to specific requirements, the event descriptions in the plan shall also contain

verification and validation of manufacturing operations, hardware and software

qualification and acceptance testing programs, environmental testing, and validation of

models and simulations. The plan shall address all requirements from SSP 50808 and

CCT-REQ-1130. SpaceX shall deliver verification closure notices in accordance with

DRD 111 Verification Closure Notices (VCN).

 CCtCap Design and Engineering Review Process – SpaceX shall follow a formal

review process during CCtCap as shown in the milestones in Attachment J-03, Appendix

A. This design review process shall be implemented as described in the Milestone

Review Plan (DRD 101).

 Configuration Management - SpaceX shall implement configuration control processes

in accordance with the SpaceX Configuration Management Plan, which meets AS9100C

quality system requirements. The Configuration Management Plan shall ensure the

configuration of all data products, regardless of their source location, is effectively

managed with respect to each mission those data products are used within.

 Design Change Management - SpaceX shall manage the change process using a formal

system for documenting, analyzing, discussing and approving proposed changes to all

elements of SpaceX vehicles and elements directly interfacing with the vehicle,

SpaceX shall deliver

Attachment J-03

NNK14MA74C - Commercial Crew Transportation Capability (CCtCap) Contract

information to NASA regarding any change that has an impact on NASA contract

requirements, hazard reports, vehicle performance or NASA certification via .

 Performance Margins – SpaceX shall track key vehicle budgets, performance

parameters and performance margins.

1.2.7 Mission Assurance, Inspection and Surveillance

SpaceX shall use a comprehensive approach to mission assurance, inspection and surveillance

that is based on disciplined use of documented processes.

SpaceX shall

maintain a Quality Management System that documents the controls and systems used for the

design and development of hardware and software, supply chain management, manufacturing,

assembly, integration, test, and operations. SpaceX also shall maintain a Quality Assurance Plan

that documents the processes and procedures used to meet contract requirements and support the

consistent delivery of high-quality, professional products and services.

1.2.8 Management of Launch Slots and Launch Windows

1.3 Lifecycle Cost Management

SpaceX shall conduct Quarterly Program Reviews (QPRs) with NASA and shall develop and

deliver DRD 005 Quarterly Program Review Briefing Package every QPR. The reviews

shall provide insight into SpaceX's overall technical progress, schedule status, cost assessment

and forward plans.

Attachment J-03

NNK14MA74C - Commercial Crew Transportation Capability (CCtCap) Contract

2 DESIGN, DEVELOPMENT, TEST AND EVALUATION (DDTE)/

CERTIFICATION OF THE COMMERCIAL CREW TRANSPORTATION

SYSTEM (CTS) (CLIN 001)

SpaceX shall obtain NASA certification of a CTS that meets or exceeds the requirements in

CCT-REQ-1130 and SSP 50808. SpaceX shall demonstrate compliance to the technical

requirements by designing, developing, testing and evaluating an end-to-end system culminating

in an agency review for approval to grant NASA certification. SpaceX shall establish a

comprehensive development plan and approach, documented in DRDs 107, 108, and 109, that

encompasses all effort necessary to achieve NASA certification of the CTS.

SpaceX shall implement the development plan, products, processes and schedule that support

NASA certification and ISS integration.

SpaceX shall establish and utilize design, production, and operations standards that result in safe,

reliable and usable end items and integrated system.

SpaceX shall produce a CTS such that each flight article and ground article, including software,

is manufactured, assembled, and integrated in a repeatable manner that satisfies both SpaceX and

NASA requirements.

SpaceX shall conform to NASA’s standard requirements for operational planning, operational

controls, training, and mission execution documented in CCT-STD-1150, SSP 50808, and other

applicable documents listed in Table J01-1.

SpaceX shall operate a CTS such that execution of the flight tests and PCMs is within the

constraints of the NASA certification and recurring ISS requirements. SpaceX planning activity

is based on an assumed flight rate of two (2) flights per year to the ISS.

2.1 Design, Development, Test and Evaluation (DDT&E)

The major elements of DDT&E include the crew vehicle (Dragon), launch vehicle (Falcon 9),

ground systems and operations, and mission systems and operations. These elements comprise

the collection of all space-based and ground-based systems (encompassing hardware and

software) used to conduct space missions or support activity in space.

2.1.1 Crew Vehicle – Dragon

SpaceX shall design, develop, test, evaluate and certify a Crew Dragon spacecraft that satisfies

requirements in CCT-REQ-1130 and SSP 50808. The Dragon shall be capable of carrying out

the DRM described in CCT-DRM-1110.

Attachment J-03

NNK14MA74C - Commercial Crew Transportation Capability (CCtCap) Contract

2.1.1.1 Dragon DDTE Activities

SpaceX shall perform the tasks required to design, develop, produce, test, and certify the Crew

Dragon. Activities to be performed include the following:

Structural development and qualification, including:

o Secondary structure qualification (crew seats and restraints, hatches, propulsion

mounting brackets).

o Thermal protection system qualification.

o Micrometeoroid and orbital debris (MMOD) protection design, testing and

analysis.

o Mechanism qualification, including:

o Parachute qualification including margins in off-nominal conditions per testing

requirements of JSC-65985.

 Propulsion system development and qualification, including:

 Thermal control system (TCS) development and qualification, including:

 Environmental control and life support system (ECLSS) development and qualification,

including:

Attachment J-03

NNK14MA74C - Commercial Crew Transportation Capability (CCtCap) Contract

 Avionics system development and qualification, including:

 Guidance, navigation, and control (GNC) systems development and verification,

including:

 Dynamics development and verification.

Attachment J-03

NNK14MA74C - Commercial Crew Transportation Capability (CCtCap) Contract

 Flight software development and verification.

2.1.2 Launch Vehicle – Falcon 9

SpaceX shall modify the Falcon 9 system to provide all capabilities required for crew missions

and to meet the requirements called out in CCT-REQ-1130, as necessary. All modifications shall

be designed, developed, tested, evaluated and reviewed with NASA prior to the Design

Certification Review

Attachment J-03

NNK14MA74C - Commercial Crew Transportation Capability (CCtCap) Contract



Postflight

data reviews shall be performed and postflight reports, including comparisons of model

predictions to flight performance, shall be delivered to NASA for all CCtCap test flights and

PCMs.

2.1.2.1 Falcon 9 DDTE Activities

Falcon 9 and the Crew Dragon shall perform as an integrated space vehicle from crew ingress

through separation of the Crew Dragon vehicle. The safe and reliable operation of this integrated

vehicle will be the focus of SpaceX’s Falcon 9 DDTE activities. These activities shall include the

following:

Attachment J-03

NNK14MA74C - Commercial Crew Transportation Capability (CCtCap) Contract

2.1.3 Ground Systems and Operations

SpaceX shall provide all required assembly, integration, testing, transportation, storage and

processing for the CTS for launch and post-landing operations. These activities include the

planning, pre-launch processing, launch, and post-landing operations.

SpaceX shall build, integrate and test the Crew Dragon and Falcon 9 systems

The production of the Crew Dragon and Falcon 9 shall occur on

SpaceX shall modify launch pads and ground support facilities as required for crew operations.

To accommodate the Crew Dragon configuration, the major upgrades to existing ground

operations shall include the following:

SpaceX shall ensure operational safety as documented in the Falcon 9 System Safety Program

Plan, Falcon 9 Ground Operations Plan, and Missile Systems Pre-Launch Safety Package.

SpaceX shall conform to all applicable Range requirements along with NPR 8715.5A, Range

Safety Flight Safety Program, and deliver DRD 113 Range Safety Documentation.

2.1.3.1 Ground Operations DDTE Activities

The safe, reliable and repeatable operation of the facilities, ground systems and operations

supporting the launch of Crew Dragon and the integrated vehicle will be the focus of SpaceX’s

ground operations DDTE activities. These activities shall include the following:

 Production facility additions:

Attachment J-03

NNK14MA74C - Commercial Crew Transportation Capability (CCtCap) Contract

 Engine and structural test facility additions and test practices shall include:

 Adapt Launch Complex 39A systems for CTS launches, including:

 Modify/develop existing Falcon 9 systems for use at Launch Complex 39A, including:

 Augment Launch Control capabilities, including:

 Evaluate and update countdown processes and launch commit criteria, including:

 Develop training for ground operations personnel.

2.1.4 Mission Systems and Operations

Mission Operations encompasses flight operations from launch through landing and recovery.

SpaceX’s

Attachment J-03

NNK14MA74C - Commercial Crew Transportation Capability (CCtCap) Contract

Each Mission Operations team (Mission Operations, Flight Crew Operations, Training and

Simulation, Ground Segment, Ground Software, and Recovery) is expected to achieve key

developments during the CCtCap program. The ability to safely and successfully complete crew

missions will be the focus of SpaceX’s Mission Operations DDTE activities. These activities

shall include the efforts and events described in the following subsections.

2.1.4.1 Mission Operations Development

SpaceX shall perform modifications to the existing Mission Operations system to accommodate

the Crew Vehicle concept of operations. The major activities shall include the following:

 Present the end-to-end mature operations design and developed under CCiCap in the

Delta-CDR, including detailed concept of operations and mission timeline.

 Develop and document a full set of operations policies, practices and processes for crew

missions. SpaceX shall work with the NASA Joint Test Team to develop ground and

crew procedures

The final procedures shall cover nominal, contingency and emergency scenarios.

 Develop joint operations products (e.g., flight rules, operations interface procedures,

coordination tables) in collaboration with NASA to cover every phase of flight.

 Upgrade the design and layout of the Mission Control center and Launch Control center

and add additional console positions needed to support crew.

 Perform all necessary planning, analysis, testing and coordination to prepare for each of

the flight tests and PCMs.

 Plan and execute joint mission simulations to validate architecture.

2.1.4.2 Flight Crew Operations Development

SpaceX shall develop Flight Crew Operations to accommodate the Crew Vehicle concept of

operations. The major activities shall include the following:

 Complete detailed task analysis.

 Develop crew-specific and joint crew-ground procedures, voice protocols, and crew roles

covering nominal and contingency scenarios for every mission phase.

 Engage in formal evaluations, testing and delivery for all crew provisions and emergency

kit items.

 Design, build, test and evaluate the crew displays and controls in an iterative manner with

NASA Joint Test Team participation.

 Evaluate manual control handling with NASA Joint Test Team participation.

NASA Joint Test Team personnel will participate in crew-in-the-loop planning, development,

and evaluation activities, not just the ones explicitly mentioned above.

Attachment J-03

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2.1.4.3 Training and Simulation Development

SpaceX shall perform modifications and development for Training and Simulation to

accommodate the Crew Vehicle concept of operations. The major updates and activities shall

include the following:

 Develop a complete set of supporting training material for the remaining ground

operators.

 Develop a complete set of supporting training material for the crew training plan

including a detailed crew training schedule that accommodates other ISS assigned crew

member training requirements.

 Augment the operator certification database to accommodate the internal requirements

for crew missions, both for ground operators and crew members.

 Train and certify individual operators and full operator shifts for the CCtCap test flights

and PCMs.

 Train and certify the crew aboard the ISS for each CCtCap test flight and PCM mission

with regard to docking, cargo, and undocking operations.

 Train and certify flight crews for each CCtCap test flight and PCM.

 Participate in two (2) mission management simulations for the first crewed flight to ISS

that includes mission management, flight controllers and crew participation. NASA will

conduct the simulations from the NASA-Johnson Space Center (JSC) Mission Control

Center (MCC) and the ISS Management Center (IMC). Each of these simulations may

last up to forty-eight (48) hours.

2.1.4.4 Ground Segment Development

SpaceX shall perform modifications to the existing Dragon-Falcon 9 ground segment to

accommodate the Crew Vehicle concept of operations. The major upgrades and activities shall

include the following:

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 Assess and upgrade ground station network to meet CTS requirements.

 Conduct compatibility tests, including command and telemetry, between Dragon systems

and both TDRSS and ground stations.

 Conduct end-to-end verification testing.

2.1.4.5 Ground Software Development

SpaceX shall perform modifications to the existing Dragon-Falcon 9 ground software to

accommodate the Crew Vehicle concept of operations. The major upgrades and activities shall

include the following:

 Conduct end-to-end verification testing.

2.1.4.6 Recovery Development

SpaceX shall perform modifications to the existing Dragon-Falcon 9 recovery operations to

accommodate the Crew Dragon concept of operations. The major upgrades and activities shall

include the following:

 Select supported land landing sites, which in combination shall provide at least entry

and landing availability on any given day, on average, due to weather limitations based

on historical data collected from 2004 to 2013 from weather stations nearest the sites.

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 Develop procedures and conduct analysis to govern land-based spacecraft landings and

recovery through the deorbit, entry, descent, landing and post-landing phases including

response to contingencies at supported landing sites.

 Evaluate and design custom GSE where necessary to facilitate and optimize critical

operations of crew recovery.

 Provide GSE, including communication equipment, recovery vehicles,

 the necessary assets to execute safe recovery operations. SpaceX shall meet all

mission safety requirements, including providing paramedic and firefighting personnel

support.

 Validate procedures and analysis (both nominal and contingency) on recovery hardware

though testing, simulations, demonstrations, and training.

Search and Rescue Coordination

 SpaceX shall coordinate and work with Detachment-3 (Det-3), 45th Operations Group,

US Air Force to cover all search and rescue operations related to the Crew Vehicle.

 SpaceX and Det-3 shall iterate to complete detailed procedures, design rescue hardware,

develop hands-on experience with the vehicle, and prepare for contingency scenarios.

 SpaceX shall provide the information, lessons learned in previous experience, equipment,

tools, and training to Det-3 in order to ensure the proper contingency support capability is

prepared for each mission.

 To facilitate crew rescue, the Dragon capsule shall provide its GPS location and include

visual aids for search and rescue forces.

 SpaceX shall provide training for the operation and include a combination of briefings,

and hands-on familiarization. Demonstrations using flight-like articles shall be

performed.

2.1.5 Interim Development Milestones

SpaceX shall perform the following milestones and associated DRD data package deliveries in

compliance with Attachment J-03, Appendix A, Milestone Acceptance Criteria and Payment

Schedule.

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SpaceX shall deliver and implement a Milestone Review Plan in accordance with DRD 101

Milestone Review Plan. DRD 101 Milestone Review Plan delivered with Contractor’s proposal

is approved for use in performance of the contract until subsequent DRD delivery.

 Certification Baseline Review (CBR)

SpaceX shall deliver the data described in DRD 102 Certification Baseline Review

(CBR) Data Package in support of the Certification Baseline Review (CBR).

SpaceX shall deliver and implement a Flight Test Plan in accordance with DRD 109

Flight Test Plan.

SpaceX shall deliver the other DRD data packages associated with CBR as set forth in

Attachment J-03, Appendix A, Milestone Acceptance Criteria and Payment Schedule.

 Design Certification Review (DCR).

o DCR Interim Payment Milestones.

 Initial Propulsion Module Testing Complete.

 Avionics Test Bed Activation.

 Delta Critical Design Review (dCDR).

 Docking System Qualification Testing Complete.

 Propulsive Land Landing Test Complete.

 Launch Site Operational Readiness Review.

 Flight Test Without Crew Certification Review.

 ECLSS Integrated Test Complete.

 Flight to ISS without Crew.

 Parachute Qualification Complete.

 Space Suit Qualification Testing Complete.

 Launch Site Operational Readiness Review for Crew.

o Formal change management shall be enforced for all vehicle components,

subsystems, and systems at the conclusion of the Delta Critical Design Review

Milestone, at the latest.

SpaceX shall deliver the data described in DRD 103 Design Certification Review

(DCR) Data Package in support of the Design Certification Review.

SpaceX shall deliver a Certification Data Package in accordance with DRD 112

Certification Data Package.

SpaceX shall deliver and implement a Certification Plan in accordance DRD 107

Certification Plan.

 Flight Test Readiness Review (FTRR)

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SpaceX shall deliver the data described in DRD 104 Flight Test Readiness Review

(FTRR) Data Package in support of the Flight Test Readiness Review.

 Operations Readiness Review (ORR) Activities

SpaceX shall deliver the data described in DRD 105 Operations Readiness Review

(ORR) Data Package in support of the Operations Readiness Review (ORR).

 Certification Review (CR) Milestone

o CR Interim Payment Milestones.

 Flight to ISS with Crew.

SpaceX shall deliver the data described in DRD 106 Certification Review (CR) Milestone

Data Package in support of the Certification Review (CR).

2.1.6 Approach to Docking with the ISS

2.1.6.1 Docking System Certification Approach

SpaceX shall perform Docking Certification activities as required for crew operations, including

the following:

 Conduct acceptance testing at the lowest functional levels on all elements.



 Certify the Dragon Docking System prior to the Flight to ISS without Crew milestone.

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SpaceX shall not require NASA to perform any docking system certification work for any

SpaceX-specific application.

2.2 ISS Integration

SpaceX shall perform ISS integration in accordance with the intent of SSP 50964, Visiting

Vehicle ISS Integration Plan.

SpaceX shall deliver CTS hazard reports in accordance with DRD 110 Hazard Reports. SpaceX

shall present the hazard analysis to NASA ISS SRP and the CCP STRB in order to complete the

phased safety review in accordance with SSP 30599. The phased safety review is complete after

NASA approval of all hazard reports and completion of all verification items.

SpaceX shall deliver and implement a Certification Plan in accordance DRD 107 Certification

Plan.

SpaceX shall deliver and implement a Verification and Validation (V&V) Plan in accordance

with DRD 108 Verification and Validation (V&V) Plan.

SpaceX shall deliver verification closure notices in accordance with DRD 111 Verification

Closure Notices (VCN)

Flight operations products relevant to the Flight to ISS without Crew milestone shall be delivered

to support ISS integration and FOR, and shall include appropriate flight procedures, operations

timelines, flight rules and training syllabi in accordance with CCT-STD-1150. Additional crew-

specific flight operations products shall be delivered for ISS integration prior to the Flight to the

ISS with Crew mission.

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2.3 Flight Tests

SpaceX shall execute two end-to-end flight tests during the DDTE and certification phase. The

first flight test, a flight to ISS without crew, is an uncrewed mission to the ISS using the Crew

Dragon-Falcon 9 system. The second flight test, a flight to ISS with crew, is a crewed mission to

the ISS using the Crew Dragon-Falcon 9 system. As set forth below, SpaceX shall make

applicable work statements from CLIN 002, Post Certification Missions, that are applicable to

any crewed flight test(s).

2.3.1 Mission Planning Management and Execution

SpaceX shall perform mission planning, management and execution activities related to the

flight tests. Mission planning, management and execution includes the plans, processes,

schedules, reviews and products required to perform the flight design, analyses, and flight

planning activities; flight products and procedure development; and execution of the two flight

tests. SpaceX shall deliver DRD 201 Mission Integration and Operations Management Plan

(MIOMP). This document outlines the overall approach to managing and executing Crew

Dragon-Falcon 9 missions to the ISS. The Baseline MIOMP shall be submitted as a formal

deliverable 45 days prior to the Certification Baseline Review (CBR). SpaceX shall deliver

updated MIOMPs as required and the Final MIOMP no later than 12 months prior to the Flight

Test without Crew.

2.3.2 Mission Milestones

SpaceX shall complete the mission milestones as defined below for both of the flight tests. All

milestones and associated DRDs shall be planned and tracked in the Integrated Master Schedule

(IMS).

 Post Qualification Review (PQR) – At approximately 4 months prior to each of the

flight tests, SpaceX shall complete ISS Integration and participate in the PQR.

 ISS Stage Operational Readiness Review (SORR) – At approximately three (3) weeks

prior to launch (L-3 wk.), SpaceX shall participate in the ISS SORR and provide, at a

minimum, the following via data and presentation:

o Status of integration of CTS, cargo, and crew (if applicable).

o Planned launch windows and available back-up opportunities; planned mission

profile and activities including any special operations.

o CTS propellant and power budget (nominal and margins) and associated loiter

capability.

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o Crew consumables budget (nominal and margins) for free flight phases (if

applicable).

o Summary of all open work and closure plan.

o Summary of all risks or watch items including mitigation plans and/or acceptance

rationales that may affect the ability of the crew member(s) or spacecraft to

complete the mission.

o Operations support readiness (facilities, tools, processes, products, personnel) for

all phases of the mission.

 Flight Readiness Review (FRR) – At approximately two (2) weeks prior to launch (L-2

wk.), SpaceX shall host an FRR with NASA participation. In this review, SpaceX shall

verify that all critical items required to proceed into the final launch countdown are

ready. NASA will provide go/no-go concurrence at the FRR for SpaceX to conduct the

flight test.

 Undocking Readiness Review – At approximately two (2) weeks prior to landing,

SpaceX shall participate in an Undocking Readiness Integrated Management Team (IMT)

and, at a minimum, provide:

o Planned landing windows, available backup opportunities, weather report.

o Cargo to be returned.

o CTS resources margins.

 Post Flight Reviews (PFRs) – SpaceX shall conduct PFRs with NASA participation to

assess mission success with supporting data in accordance with DRD 209 Post Flight

Assessment (PFA) Report and the following:

o The initial PFA shall be delivered no later than 14 days after docking with the

ISS. The first PFR shall be held at approximately the same time.

o The final PFA shall be delivered no later than 30 days after landing. The final

PFR shall be held at approximately the same time.

2.3.3 Mission Integration

SpaceX shall ensure the safe integration and transport of crew and/or cargo to and from the ISS

during the flight tests. SpaceX shall put in place and support integration and operations processes

for the entire mission from prelaunch to postlanding. SpaceX shall integrate the crew and/or

cargo complement and, at the vehicle level, perform analysis and integration to safely execute

the flight to and from the ISS including cargo turnover and crew handover as applicable. The

reviews and deliverables listed below will incrementally mature the mission design, cargo

manifest and configuration, structural and environmental analyses, mission success criteria,

operations and crew training, Federal and range safety documentation, ISS Safety Assessments

and overall flight readiness.

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Hazard Reports, DRD 110. SpaceX shall deliver CTS hazard reports in accordance with CCT-

PLN-1120, Crew Transportation Technical Management Processes, and DRD 110 Hazard

Reports to ensure that hazards inherent to the design have been identified and that controls and

verification methods have been implemented. SpaceX shall present the hazard analysis to NASA

ISS SRP and the CCP STRB in order to complete the phased safety review in accordance with

SSP 30599. The phased safety review is complete after NASA approval of all hazard reports and

completion of all verification events used to verify hazard controls.

Verification Closure Notices, DRD 111. SpaceX shall deliver verification closure notices in

accordance with DRD 111, Verification Closure Notices (VCNs). SpaceX shall meet all

applicable SSP 50808 and CCT-REQ-1130 requirements and deliver verification rationale and

evidence to show compliance with all these space station, crew safety and vehicle requirements.

Range Safety Documentation, DRD 113. SpaceX shall comply with all applicable Range

requirements and shall deliver copies of all Range Safety documentation to NASA, including

nonconformance requests in accordance with DRD 113.

CTS Data Input for NASA Integration and Independent Verification and Validation, DRD 114,

as applicable. SpaceX shall provide insight, data, and support to meet the requirements of DRD

114 and ensure NASA has sufficient engineering data to do independent technical analysis.

Vehicle Interface Definition Document (IDD), DRD 203. SpaceX shall provide a vehicle IDD

and instrumentation plan in accordance with DRD 203. SpaceX shall measure and provide

telemetry data confirming that the required launch, entry, and orbit conditions and cargo

environments were met as stated in DRD 203 Vehicle IDD. The Baseline IDD shall be submitted

as a formal deliverable 45 days prior to the Certification Baseline Review (CBR). SpaceX shall

deliver updated IDDs as required, including the Final IDD for the Flight Test without Crew no

later than L-12 months and the Final IDD for the Flight Test with Crew at L-18 months.

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Mission Resource Allocation Document (MRAD), DRD 204. SpaceX shall complete required

mission specific analysis to ensure mission safety and success and deliver for each flight the

Mission Resource Allocation Document (MRAD) in accordance with DRD 204 Mission

Resource Allocation Document (MRAD). SpaceX shall incorporate the NASA provided

pressurized cargo complements, if there is cargo on the test flights, into the MRAD and use the

complements to develop the preliminary and final cargo configurations.

Some configurations or changes may not

be allowed to ensure the safety of the vehicle. Coupled loads analysis and integrated thermal

analysis shall be run for the initial and delta MRADs. The MRAD confirms compliance with

environments defined in the Vehicle IDD and applicable requirements outlined in SSP 50808

and CCT-REQ-1130. The initial MRAD shall be delivered at L-10 months, the delta MRAD

shall be delivered at L-3 months, and the final MRAD shall be delivered at L-1 month.

CAD Models, DRD 205 and Mass Properties Reports. SpaceX shall submit spacecraft

engineering computer-aided design models for each of the test flights in accordance with DRD

205 Spacecraft Computer Aided Design (CAD) Models. The Baseline CAD model shall be

submitted as a formal deliverable 45 days prior to the Certification Baseline Review (CBR).

SpaceX shall deliver updated CAD models as required and the Final CAD model no later than 13

months prior to each of the Flight Tests (with and without Crew). If laser scanned correlated

CAD models are required, those shall be delivered after the Crew Dragon vehicle ships to the

launch site. Additionally, SpaceX shall provide mass properties reports in accordance with the

MRAD and IMS.

Imagery and Associated Cataloging, DRD 210. SpaceX shall submit CTS imagery in accordance

with DRD 210 Imagery and Associated Cataloging. The imagery plan shall be submitted no later

than L-6 months for each test flight.

2.3.4 CTS Integration

CTS integration shall be achieved in multiple stages, with rigorous testing at various phases.

Licenses - SpaceX shall provide technical expertise and participate in NASA/FAA/Range

trilateral discussions representing their recommendations when crew safety and public safety risk

considerations are assessed. SpaceX shall obtain all other required support services, permits, and

licenses that are necessary to execute the mission. These may include Department of

Transportation permits and Federal Communications Commission licenses.

Launch Site Processing Operations - SpaceX shall provide launch infrastructure at LC-39A

that will be expanded to meet the needs of the CTS. The launch site infrastructure shall include

dedicated ground support equipment, personnel, facilities and processing procedures to ensure

safe missions to the ISS. The launch site facilities and operations shall support the following

functions:

 Crew familiarization and training (only for the flight to ISS with crew).

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 Crew flight processing (only for the flight to ISS with crew).

 Vehicle and cargo receiving inspection.

 Integration and storage areas, and all associated tooling.

 Post-shipping checkouts to verify the integrity of the avionics, propulsion, TCS, RF and

ECLSS systems.

 Final mate of the capsule and trunk.

 Final closeout inspections.

 Crew interface operations (only for the flight to ISS with crew).

 ISS integration, as-built inspections.

 Crew equipment interface testing (CEIT) (only for the flight to ISS with crew).

 load readiness review.

 Consumables load

 Flight and launch readiness reviews.

 Final Crew Dragon mate to Falcon 9.

 Terminal countdown demonstration test (TCDT) (only for the flight to ISS with crew).

 Static fire.

 Crew and cargo turnover and load onto vehicle, if required.

 Launch.

Recovery Site Processing Operations - SpaceX shall provide primary and alternate landing

support for both of the test flights. For the flight to ISS with crew, SpaceX shall provide the

following services at the landing site:



 Perform crew extraction.



 Remove and inventory any time-critical cargo and turn over to NASA.

SpaceX shall provide an operational interface and coordinate with the Government in the

planning for emergency crew search and rescue services.

Range Support Services - SpaceX follows all Range requirements and protocol, and provides

documentation to NASA according to DRD 113. SpaceX shall work with the Range to meet CTS

needs in the following areas:

 Range scheduling.

 Tracking and flight termination.

 Telemetry.

 Imagery.

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 Weather.

 Explosives storage.

 SCAPE (self-contained atmospheric protective ensemble) suits.

 Helium and nitrogen pipeline commodities.

Launch and Landing - SpaceX shall perform advance launch, rendezvous and entry opportunity

studies, considering all relevant factors, including ISS trajectory projections and scheduled

reboost activities, ISS visiting vehicle schedules, ISS crew and cargo manifest constraints, and

specific landing sites.

Flight Imagery - SpaceX shall submit CTS imagery in accordance with DRD 210 Imagery and

Associated Cataloging. Prior to launch, a pre-flight imagery plan shall be used to capture orbital

vehicle, cabin layout, crew interfaces, instrumentation and pressurized cargo. The imagery plan

shall be delivered at L-6 months.

Telemetry - SpaceX shall measure and provide telemetry data confirming that the required

launch, entry, and orbit conditions and cargo environments were met as stated in DRD 203

Vehicle Interface Definition Document (IDD). This shall include a detailed listing and

description of all measurements and calibration coefficients.

2.3.5 Crew Integration

For the flight to ISS with crew, SpaceX shall use the mission integration process, including

certification and mission milestone reviews to prepare for crew and cargo integration with the

Dragon-Falcon 9 Crew System.

Crew Integration - SpaceX shall develop plans to safely and effectively train and prepare the

crew for flight.

 Crew Training - SpaceX shall provide a comprehensive training program to prepare

NASA crew members for each mission. SpaceX shall provide general training to all crew

members, including mission and systems familiarization, nominal and off-nominal crew

procedures, space suit operations, monitoring and crew-commanding of ascent aborts,

and nominal and emergency Dragon post-landing and pad ingress/egress. SpaceX shall

provide syllabi, training materials, simulations, crew cabin task training, and certification

for the crew training program.

o SpaceX shall define the necessary pre-launch testing such as Terminal

Countdown Demonstration Test (TCDT) and Crew Equipment Interface Test

(CEIT) that include flight controllers, crews, and required NASA and Contractor

support personnel. Details of the crew integration process, training, CEIT, and

TCDT shall be outlined in the MIOMP.

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o SpaceX shall participate in Joint Multi-Segment Simulation Training (JMST) that

includes flight controllers and crew participation.

o SpaceX shall provide the required high-fidelity CTS and ground facilities

hardware, software, and data for interfacing with NASA, Software Development

Integration Laboratory, and JSC Mission Control Center (MCC) to execute Joint

spacecraft-ISS testing and Joint Multi-Segment Simulation Trainings (JMSTs).

 Crew Flight Processing - SpaceX shall assist in crew ingress on the launch pad and

egress at the recovery site. SpaceX shall meet applicable landing, egress, and additional

crew supplies requirements levied by CCT-REQ-1130.

 Contractor Crew Operations of the CTS - If there are contractor crew members on the

Flight to ISS with Crew mission, SpaceX shall define and implement a process that

complies with SSP 50260, ISS Medical Operations Requirements Document, and SSP

50667, Medical Evaluation Document, Volumes A-C.

2.3.6 Cargo Integration

If cargo is to be flown on either of the test flights, SpaceX shall perform the tasks outlined in this

section.

SpaceX shall provide a spacecraft pressurized module physical configuration per DRD 204

MRAD and any constraints related to manifest and return flexibility. SpaceX shall identify

constraints to the on-orbit packing of cargo for return per the final DRD 204 MRAD. NASA will

maintain the capability to adjust the return cargo complement within the identified constraints

while the spacecraft remains mated to the ISS. NASA will plan cargo transfers with SpaceX

coordination and in accordance with identified constraints while the spacecraft remains docked

to the ISS.

Prior to cargo integration, SpaceX shall develop an internal cargo interface control agreement in

accordance with DRD 206 Internal Cargo Interface Control Agreement (ICA) for middeck

lockers and for items planned to be hard-mounted in the spacecraft volume per DRD 204

MRAD. The Baseline ICA template shall be submitted as a formal deliverable 45 days prior to

the Certification Baseline Review (CBR). Baseline cargo-specific ICAs will be delivered no later

than L-12 months, and final ICAs will be submitted no later than L-8 months. SpaceX shall

document the cargo ground handling procedures and constraints in the ICAs and/or integration

procedures.

SpaceX shall conduct power/data testing for all first-time-flown powered middeck lockers to

ensure interface compliance.

SpaceX shall submit DRD 207 Integrated Cargo Phase III Hazard Report per SSP 30599, Safety

Review Process, at L-4 months, to ensure the hazards associated with the packaging of the cargo

complement have sufficient controls. SpaceX shall submit a delta integrated cargo hazard report

as required according to DRD 207 Integrated Cargo Phase III Hazard Report that represents the

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final integrated cargo hazard assessment provided to NASA. SpaceX shall present the Cargo

Phase III hazard analysis to NASA in order to complete the phased safety review in accordance

with SSP 30599 with both the ISS SRP and the CCP STRB. The safety review is complete after

NASA has approved all cargo hazard reports and completion of all verification items used to

verify controls for cargo hazards.

SpaceX shall document discrepancies to hardware turned over to SpaceX and report those

discrepancies to NASA within forty-eight (48) hours of identifying the discrepancy.

SpaceX shall affix their bar code labels per the ISS Inventory Management System (IMS)

standard to Commercial cargo that will be transferred from the spacecraft to the ISS and shall

correlate IMS bar code numbers to stowage location data for all cargo flown and provide this

data to NASA in accordance with the final DRD 204 MRAD.

SpaceX shall safely integrate cargo into the spacecraft.

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3 CERTIFICATION MATURITY

The Insight Implementation Plan (DRD 001), which was delivered with SpaceX’s proposal, shall

ensure effective and extensive technical interaction between SpaceX and NASA during CCtCap.

An updated version of the Insight Implementation Plan shall be delivered at CBR.

At CBR, SpaceX also shall deliver documentation of previously approved variances and

alternate standards incorporated or tailored in requirements, the DRD 108 Verification and

Validation (V&V) Plan, and the DRD 107 Certification Plan.

SpaceX shall deliver DRD 110 Hazard Reports at the Design Certification Review. SpaceX also

shall deliver any new, open or changed DRD 110 Hazard Reports at the Operations Readiness

Review.

3.1 PWS Additions in Response to CPC Final Technical Summary Report



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

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

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4 POST-CERTIFICATION MISSIONS (CLIN 002)

SpaceX shall build, process, integrate and operate the CTS for the mission to the ISS. SpaceX

shall conduct PCMs, including all activities from production, integration, and mission planning

through safe recovery of the crew and postflight assessment, which shall include any unplanned

events and in-flight anomalies. The approach for PCM planning and execution shall be

repeatable with the lowest achievable safety risk. CCT-STD-1150, SSP 50808, and JSC 35089

define the preflight and mission planning and integration processes, standards and products that

NASA uses for PCMs to ISS. SpaceX’s processes defined in support of this objective shall

satisfy CCT-PLN-1120 and define the expected mission integration rhythm, handover points,

and roles of the SpaceX team.

SpaceX shall maintain NASA certification of the CTS for all PCMs. Design, production, or

operational changes from the NASA certification baseline shall be reviewed for their effect on

compliance to the requirements of CCT-REQ-1130 and SSP 50808. System performance from

previous production, operation or flights also shall be reviewed for the potential effects on the

NASA certification.

4.1 Mission Planning Management and Execution

SpaceX shall perform mission planning, management and execution activities. Mission planning

management and execution includes the plans, processes, schedules, reviews and products

required to perform the flight design, analyses and flight planning activities; flight products and

procedure development; and execution of at least two (2) PCMs.

SpaceX shall deliver DRD 201 Mission Integration and Operations Management Plan (MIOMP)

and DRD 202 Post Certification Mission (PCM) Work Plan. These documents outline the overall

approach to managing and executing PCMs. SpaceX shall ensure that the interdependencies

between the ongoing core certification effort and post-certification mission objectives are

addressed in its development plan and mission execution planning.

4.1.1 Mission Milestones

SpaceX shall complete the mission milestones defined below. These milestones include reviews

with NASA as well as performance-based milestones. SpaceX shall deliver and maintain the

PCM Work Plan (DRD 202), which shall establish the planning, acceptance criteria, and

execution of each milestone. SpaceX will ensure that there is adequate time for NASA-SpaceX

interaction, adhere to our action item resolution process, and apply lessons learned from

previously held mission reviews. All milestones and associated DRDs shall be planned and

tracked in the Integrated Master Schedule (IMS). The PCM mission milestones are listed below

along with their completion and acceptance criteria.

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 Vehicle Baseline Review (VBR)

At no later than 18 months prior to launch (L-18 mo.), SpaceX shall co-chair a Vehicle

Baseline Review (VBR) with NASA that establishes the integrated mission CTS

configuration (launch vehicle, orbital vehicle, and ground systems) that accommodates

NASA requirements for crew and cargo transportation. The intent of the VBR is to

establish the baseline CTS for the mission and identify any design or operation changes

from the previous baseline and the corresponding plans for executing and verifying these

changes. The content for the VBR shall include:

o Mission Baseline CTS

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SpaceX shall, at this review:

 Baseline the post-certification mission objectives, to include crew and

cargo complement, and associated baseline CTS configuration, including

ground accommodation specific interfaces and service agreements, so that

mission integration efforts have definite configuration, environments and

performance capabilities identified.

 Reconfirm the launch window as defined per Clause H.20, Adjustments to

Post Certification Mission Schedule.

 Provide, if necessary, an updated DRD 201 Mission Integration and

Operations Management Plan (MIOMP) and if necessary, an updated

DRD 202 Post Certification Mission (PCM) Work Plan.

 Provide, as required, an update to DRD 203 Vehicle Interface Definition

Document (IDD) and the mission-specific instrumentation plan for the

Vehicle Interface Definition Document (IDD).

 Provide, as required, an update to DRD 205 Spacecraft CAD Models.

o Design and Operation Changes From Prior Mission Baseline CTS

SpaceX shall, at this review:

 Identify any design and operation changes from the previous mission

baseline CTS.

 Identify all CCT-1100 series and SSP 50808, ISS to Commercial Orbital

Transportation Services (COTS) Interface Requirements Document (IRD),

requirements that require re-verification and have been allocated to the

appropriate system, subsystem and/or component level. Demonstrate

requirements flow down is adequate to verify compliance with CCT-1100

series and SSP 50808.

 Identify any hazards, controls, or verifications that are affected by design

changes.

 Discuss analyses and tests to be performed to execute these designs and

operation changes and include their methodology, assumptions and results,

along with comparisons to any similar proven designs.

 Show how these changes affect performance, reliability and environments

and associated risks.

 Discuss how previous in-flight anomaly (IFA) and previous production

non-conformances affect the mission baseline.

 Present the status or results of any mission-unique or special study task

assessments requested by NASA.

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 Provide a schedule to complete all work required to accomplish the design

changes and close requirement verifications prior to the Mission

Certification Review (MCR).

 Provide updates to design margins (spacecraft and launch vehicle) if

margins changed.

 Identify updates to the overall system architecture including ground

accommodation specific interfaces and service agreements.

 Identify any mission-unique and unproven processes, risks and mitigation

plans.

 Present the operations concept to satisfy mission objectives.

 Identify updates to operational products, personnel certification, facilities

changes, and provide any scope and/or schedule changes for crew training.

 Status crew-related items to be proposed by SpaceX in the MIOMP.

VBR acceptance criteria:

 Mission Integration Review (MIR)

At no later than (NLT) thirteen (13) months prior to launch (L-13 mo.), SpaceX shall co-

chair a Mission Integration Review (MIR) with NASA with a current mission integration

status. NASA and Contractor will review and baseline the conditions and inputs for

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mission specific analytical assessments. SpaceX shall demonstrate CTS operations and

production activities in support of the launch date. A status of all open items presented at

VBR shall be presented at this review. For open items, schedule plans for completion

shall be presented. All milestones to this point shall have been met. The content for the

MIR shall include:

o Mission Baseline CTS

SpaceX shall, at this review:

 Reconfirm the launch window as defined in Table H.20.1, Launch

Windows for PCM ATP Prior to ISS DCR, or defined in Table H.20.2,

Launch Windows for PCM ATP after ISS DCR, per Clause H.20,

Adjustments to Post Certification Mission Schedule.

 Provide, as required, an update to DRD 203 Vehicle Interface Definition

Document (IDD) and an update to the mission specific instrumentation

plan for the Vehicle Interface Definition Document (IDD).

 Provide initial data and parameters for Mission Success Determination per

Clause H.21, Post Certification Mission Success Determination.

 Provide, if necessary, an updated DRD 201 Mission Integration and

Operations Management Plan (MIOMP) and if necessary, an updated

DRD 202 Post Certification Mission (PCM) Work Plan.

o Design Changes From Prior Mission Baseline CTS

SpaceX shall, at this review:

 Present designs and their supporting analyses that implement mission-

unique requirements.

 Present progress in manufacturing and lay out remaining milestones and

risks to accomplishing them.

 Present progress towards closure of CCT-1100 series and SSP 50808

requirements, and lay out remaining milestones and risks to accomplishing

them.

 Present progress of ISS integration and integrated safety hazard

assessments. Integrated safety analysis identifying any remaining hazards

and proposed resolution per CCT-PLN-1120 Section 4.5, Integrated Safety

Review Process.

 Present progress for changes identified at VBR for:

 The overall system architecture including ground accommodation

specific interfaces and service agreements.

 Mission-unique and unproven processes, risks and mitigation

plans.

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 Operational products, including personnel certification, facilities

and crew training.

 Discuss how technical problems and anomalies have been resolved and

effects of design changes on system performance, reliability and safety.

 Discuss how simulations and prototyping results for CTS do not present

any potential mission risks.

 Present defined test plans for CTS.

 Status crew related items to be proposed by SpaceX in the MIOMP.

MIR acceptance criteria:

 Mission Certification Review (MCR)

After NASA certification has been granted, and no later than four (4) months prior to

launch (L-4 mo.), SpaceX shall co-chair with NASA a Mission Certification Review

(MCR) that allows NASA to assess if SpaceX has completed certification of all

requirements, has completed ISS integration, has all infrastructure, facilities, personnel

and services in place, and will be ready for the mission and for crewed operations,

including agreement on cargo turnover and crew handover. A status of all open items

presented in both the VBR and MIR shall be presented at this review. All mission-unique

design qualification and acceptance testing shall be complete. For open items, schedule

plans for completion shall be presented. All milestones to this point shall have been met.

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SpaceX shall, at this review:

o Reconfirm the launch window as defined in Table H.20.1, Launch Windows for

PCM ATP Prior to ISS DCR, or defined in Table H.20.2, Launch Windows for

PCM ATP after ISS DCR, per Clause H.20, Adjustments to Post Certification

Mission Schedule.

o Provide the final specific mission instrumentation plan and an update, as required,

to DRD 203 Vehicle Interface Definition Document (IDD).

o Present evidence of verification closures for mission-unique designs and

requirements.

o Present evidence of verification closures for all open CCT-1100 series and SSP

50808 requirements.

o Provide all analytical assessments that show the compatibility of crew and cargo

mass, when applicable, with the launch and spacecraft such as integrated loads,

Launch to Activation thermal assessments, electromagnetic interference (EMI),

propellant resources and power.

o Present status of all anomalies and associated corrective actions showing low-risk

closure plans in place to completion prior to ISS Stage Operational Readiness

Reviews (SORR) / Flight Readiness Review (FRR).

o Present evidence that all Safety Assessments have been approved by NASA.

o Present evidence that all open items in both the VBR and MIR have been closed

or present plans showing low risk to completion prior to SORR / FRR.

o Provide final data and parameters for mission success determination.

o Reach agreement on NASA-identified Launch Commit Criteria (LCC) constraints

concerning CTS, ISS, crew and cargo.

o Present evidence that all operational products, plans, processes and training are

complete or present plans showing low risk to completion prior to SORR/ FRR.

o Define the post-flight data for review.

o Present status of crew-related items to be proposed by SpaceX in the MIOMP.

o Present status of acceptance testing (launch vehicle and spacecraft).

MCR acceptance criteria:

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o Analytical assessments show compatibility of crew and cargo with the Crew

Dragon resources (mass, thermal, loads, EMI, propellant, power).

o Anomalies and associated corrective actions have low-risk closure plans in place

before FRR.

o All safety assessments have been approved by NASA.

o All open items for VBR and MIR have been closed or have plans in place

showing low risk of non-completion prior to FRR.

o Final data and parameters for mission success determination have been provided.

o Agreement on NASA-identified launch commit criteria (LCC) constraints has

been reached.

o Operational products, plans, processes and training have been completed or there

are plans showing low risk of non-completion before FRR.

 ISS Stage Operational Readiness Review (SORR)

At approximately three (3) weeks prior to launch (L-3 wk.), SpaceX shall participate in

the ISS Stage Operational Readiness Reviews (SORR) and provide, at a minimum, the

following via data and presentation:

o Status of integration of CTS, cargo, and crew.

o Planned launch windows and available back-up opportunities; planned mission

profile and activities including any special operations.

o CTS propellant and power budget (nominal and margins) and associated loiter

capability.

o Crew consumables budget (nominal and margins) for free flight phases.

o Summary of all open work and closure plan.

o Summary of all risks or watch items including mitigation plans and/or acceptance

rationales that may affect the crewmember(s) or commercial spacecraft’s ability

to complete their mission.

o Operations support readiness (facilities, tools, processes, products, personnel) for

all phases of the mission.

 Flight Readiness Review (FRR)

At approximately two (2) weeks prior to launch (L-2 wk.), SpaceX shall support the

NASA Flight Readiness Reviews (FRRs). SpaceX shall provide a mission-specific DRD

208, Flight Readiness Review Data Package in support of the FRR. This support will

confirm the following:

o All critical items required to proceed into final launch countdown are ready.

o All CTS systems have been verified for launch.

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o All previously held Contractor readiness review actions have been closed or

resolved.

o Launch Site, Range, FAA, and recovery support organizations have committed to

launch.

o Tracking and data support resources have committed to launch.

o Any open work or constraints to launch are identified, and closeout plans and

schedules are in place and supportable.

o Residual mission risks are known, documented, and presented for acceptance.

o Operational elements are ready to support all phases of the mission.

FRR acceptance criteria:

 Undocking Readiness Review

At approximately two (2) weeks prior to landing, SpaceX shall participate in an

Undocking Readiness Integrated Management Team (IMT) and, at a minimum, provide:

o Planned landing windows, available backup opportunities, and weather report.

o Cargo to be returned.

o CTS resources margins.

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 Post Flight Reviews (PFR)

SpaceX shall conduct post flight reviews (PFRs) with NASA participation to assess

mission success with supporting data in accordance with DRD 209 Post Flight

Assessment (PFA) Report.

o The initial PFA shall be delivered no later than 14 days after docking with the

ISS. The first PFR shall be held at approximately the same time. The Launch and

Docking payment milestone is tied to this initial PFR and the meeting of Mission

Success Criteria from pre-launch through crew ingress to the ISS.

o The updated PFA shall be delivered no later than 14 days after landing. The final

PFR shall be held at approximately the same time. The Post Flight Review

payment milestone is tied to this final PFR and meeting Mission Success Criteria

from crew ingress on ISS through end of mission.

o The final PFA report shall be delivered to NASA no later than 60 days after

landing.

PFR acceptance criteria:

4.1.2 Mission Schedule

SpaceX shall complete all required mission and interim performance milestones, as well as the

associated DRDs to demonstrate progress and readiness for operational crewed missions to the

ISS. SpaceX shall develop and deliver an Integrated Master Plan/Integrated Master Schedule in

accordance with DRD 002 Integrated Master Plan & Integrated Master Schedule. All PCM

activities, reviews and products shall be scheduled and tracked in the Integrated Master Schedule

(IMS) throughout the entire mission cycle. The DRD 202 PCM Work Plan shall list all scheduled

milestones, payment milestones and completion criteria for each milestone. The PCM Work

Plan, updated IMP and IMS shall be delivered for the first time prior to PCM ATP. The IMS

shall be maintained and updated by SpaceX and delivered to NASA on a monthly basis.

SpaceX shall be able to execute PCM mission integration milestones concurrently with DDTE

and certification. Additionally, SpaceX shall be able to manage, build and integrate up to the

maximum allowable six PCMs at a flight rate of no more than two missions per year.

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4.1.3 Mission Integration

SpaceX shall ensure the safe integration and transport of crew and cargo to and from the ISS.

SpaceX shall put in place and support integration and operations process for all post-certification

missions. SpaceX shall integrate the crew and cargo complement and, at the vehicle level,

perform analysis and integration to safely execute the flight to and from the ISS including cargo

turnover and crew handover. The mission integration and analysis process shall be structured by

a series of reviews and deliverables implemented by NASA, SpaceX and cargo hardware

providers. These reviews and deliverables will incrementally mature the mission design, cargo

manifest and configuration, structural and environmental analyses, mission success criteria,

launch window definition, operations and ISS crew training, Federal and range safety

documentation, ISS Safety Assessments and overall flight readiness. The process shall begin at

ATP, and end with the final postflight assessment report being submitted 60 days after landing.

Mission Integration Reviews. SpaceX shall host a number of major program reviews

throughout the leading up to each PCM in order to review and discuss in detail the

vehicle baseline design, mission integration status, certification status and ultimately flight

readiness.

Mission DRDs and Analysis. SpaceX shall deliver all associated PCM DRDs and

documentation to support mission integration and demonstrate progress as listed below:

Hazard Reports, DRD 110. SpaceX shall deliver CTS hazard reports in accordance with CCT-

PLN-1120, Crew Transportation Technical Management Processes, and DRD 110 Hazard

Reports to ensure that hazards inherent to the design have been identified and that controls and

verification methods have been implemented.

Verification Closure Notices, DRD 111. SpaceX shall deliver verification closure notices in

accordance with DRD 111, Verification Closure Notices (VCNs). SpaceX shall meet all SSP

50808 and CCP-REQ-1130 requirements and deliver verification rationale and evidence to show

compliance with all these space station, crew safety and vehicle requirements.

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Certification Data Package, DRD 112. SpaceX shall deliver a certification data package in

accordance with CCT-PLN-1120 and DRD 112 that provides supporting evidence to show that

the system meets all operational and design technical requirements.

Range Safety Documentation, DRD 113. SpaceX shall comply with all applicable Range

requirements and shall deliver DRD 113 Range Safety Documentation to NASA, including

nonconformance requests in accordance with DRD 113.

CTS Data Input for NASA Integration and Independent Verification and Validation, DRD 114.

SpaceX shall provide insight, data and support to meet the requirements of DRD 114 and ensure

NASA has sufficient engineering data to do independent technical analysis.

Mission Integration and Operations Management Plan (MIOMP), DRD 201. SpaceX shall

deliver the MIOMP in accordance with DRD 201 MIOMP.

PCM Work Plan, DRD 202. SpaceX shall deliver the PCM Work Plan to establish mission

milestones in accordance with DRD 202. Additionally, SpaceX shall use the PCM Work Plan to

define launch windows.

Vehicle Interface Definition Document (IDD), DRD 203. SpaceX shall provide a vehicle IDD

and instrumentation plan in accordance with DRD 203. SpaceX shall measure and provide

telemetry data confirming that the required launch, entry, and orbit conditions and cargo

environments were met as stated in DRD 203 Vehicle IDD. The IDD instrumentation plan shall

include a detailed listing and description of all measurements and calibration coefficients.

Additionally, SpaceX shall document the model requirements for cargo thermal and structural

models in the Vehicle Interface Definition Document (IDD).

Mission Resource Allocation Document (MRAD), DRD 204. SpaceX shall complete required

mission-specific analysis to ensure mission safety and success and deliver for each flight the

Mission Resource Allocation Document (MRAD) in accordance with DRD 204 Mission

Resource Allocation Document (MRAD). SpaceX shall incorporate the NASA-provided

pressurized cargo complements into the MRAD and use the complements to develop the

preliminary and final cargo configurations.

Some configurations or changes may not be allowed to

ensure the safety of the vehicle. Coupled loads analysis and integrated thermal analysis shall be

run for the initial and delta MRADs. The MRAD confirms compliance with environments

defined in the Vehicle IDD and requirements outlined in SSP 50808 and CCT-REQ-1130.

NASA and SpaceX shall utilize the data from the MRAD in the mission analysis, mission

procedures/training and crew/cargo integration.

CAD Models, DRD 205 and Mass Properties Reports. SpaceX shall submit spacecraft

engineering computer-aided design models in accordance with DRD 205 Spacecraft Computer

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Aided Design (CAD) Models. Additionally, SpaceX shall provide mass properties reports in

accordance with the MRAD and IMS.

Interface Control Agreements (ICAs), DRD 206. SpaceX shall develop interface control

documents (ICDs) and stowage interface agreements (SIAs) in accordance with DRD 206

Internal Cargo Interface Control Agreement (ICA).

Integrated Cargo Hazard Report, DRD 207. SpaceX shall submit DRD 207 Integrated Cargo

Phase III Hazard Report per SSP 30599, Safety Review Process, at L-4 months, to ensure that

the hazards associated with the packaging of the cargo complement have sufficient controls.

SpaceX shall submit a delta integrated cargo hazard report as required according to DRD 207

Integrated Cargo Phase III Hazard Report that represents the final integrated cargo hazard

assessment provided to NASA. SpaceX shall integrate with NASA’s existing ISS Safety Review

Panel (SRP) process.

Flight Readiness Review Package, DRD 208. SpaceX shall provide the FRR data package in

accordance with DRD 208.

Post Flight Assessment Report, DRD 209. SpaceX shall provide initial, updated and final

postflight assessments (PFAs) in accordance with DRD 209. In conjunction with the assessment

reports, SpaceX shall host two postflight reviews approximately 14 days after docking with ISS

and approximately 14 days after landing.

Imagery and Associated Cataloging, DRD 210. SpaceX shall submit CTS imagery in accordance

with DRD 210 Imagery and Associated Cataloging.

4.1.4 CTS Integration

CTS integration shall be achieved in multiple stages, with rigorous testing at various phases.

Licenses - SpaceX shall secure a Federal Aviation Administration (FAA) license for all post-

certification missions in accordance with Clause H.18, Licenses, Permits, and Other

Authorizations for a Launch or Reentry Service Operator. SpaceX shall provide technical

expertise and participate in NASA/FAA/Range trilateral discussions representing their

recommendations when crew safety and public safety risk considerations are assessed. SpaceX

shall obtain all other required support services, permits, and licenses that are necessary to

execute the mission. These may include Department of Transportation permits and Federal

Communications Commission licenses.

Launch Site Processing Operations - SpaceX shall provide launch infrastructure at LC-39A

that will be expanded to meet the needs of the CTS. The launch site infrastructure shall include

dedicated ground support equipment, personnel, facilities and processing procedures to ensure a

safe crewed mission to the ISS. The launch site facilities and operations shall support the

following functions:

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 Crew familiarization and training.

 Crew flight processing.

 Vehicle and cargo receiving inspection.

 Integration and storage areas, and all associated tooling.

 Post-shipping checkouts to verify the integrity of the avionics, propulsion, TCS, RF and

ECLSS systems.

 Final mate of the capsule and trunk.

 Final closeout inspections.

 Crew interface operations.

 ISS integration, as-built inspections, and crew equipment interface testing (CEIT).

 load readiness review.

 Consumables load

 Flight and launch readiness reviews.

 Final Crew Dragon mate to Falcon 9.

 Terminal countdown demonstration test (TCDT).

 Static fire.

 Crew and cargo turnover and load onto vehicle.

 Launch.

Recovery Site Processing Operations - SpaceX shall provide primary and alternate landing site

support including:

 Perform crew extraction.

 Remove and inventory time-critical cargo and turn over to NASA.

SpaceX shall provide an operational interface and coordinate with the Government in the

planning for emergency crew search and rescue services.

Range Support Services - SpaceX follows all Range requirements and protocol, and provides

documentation to NASA according to DRD 113. SpaceX shall work with the Range to meet CTS

needs in the following areas:

 Range scheduling.

 Tracking and flight termination.

 Telemetry.

 Imagery.

 Weather.

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 Explosives storage.

 SCAPE (self-contained atmospheric protective ensemble) suits.

 Helium and nitrogen pipeline commodities.

Launch and Landing - SpaceX shall perform advance launch, rendezvous and entry opportunity

studies, considering all relevant factors, including ISS trajectory projections and scheduled

reboost activities, ISS visiting vehicle schedules, ISS crew and cargo manifest constraints, and

specific landing site constraints. SpaceX shall present results of the launch, rendezvous and entry

opportunity analysis at MCR and FRR.

Flight Imagery - SpaceX shall submit CTS imagery in accordance with DRD 210 Imagery and

Associated Cataloging. Prior to launch, a preflight imagery plan shall be used to capture orbital

vehicle, cabin layout, crew interfaces, instrumentation and pressurized cargo. The imagery plan

shall be delivered at L-6 months and updated, if necessary, at L- 2 months.

Telemetry - SpaceX shall measure and provide telemetry data confirming that the required

launch, entry and orbit conditions and cargo environments were met as stated in DRD 203

Vehicle Interface Definition Document (IDD). This shall include a detailed listing and

description of all measurements and calibration coefficients.

4.1.5 Crew and Cargo Integration

SpaceX shall use the mission integration process, including certification and mission milestone

reviews to prepare for crew and cargo integration with the Dragon-Falcon 9 Crew System.

Crew and Cargo Facilities - SpaceX shall provide procedures, timelines and constraints

associated with crew and cargo, including roles and responsibilities and interfaces associated

with NASA personnel, equipment and facilities in the MIOMP. The launch sites and landing

sites shall provide resources for both crew and cargo needs.

Crew Integration - SpaceX shall develop plans to safely and effectively train and prepare the

crew for flight.

 Crew Training - SpaceX shall provide a comprehensive training program to prepare

NASA crewmembers for each mission. SpaceX shall provide general training to all crew

members, including mission and systems familiarization, nominal and off-nominal crew

procedures, space suit operations, monitoring and crew-commanding of ascent aborts,

and nominal and emergency Dragon postlanding and pad ingress/egress. SpaceX shall

provide syllabi, training materials, simulations, crew cabin task training and certification

for the crew training program.

o SpaceX shall define the necessary prelaunch testing such as terminal countdown

demonstration test (TCDT) and crew equipment interface test (CEIT) that

include flight controllers, crews, and required NASA and Contractor support

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personnel. Details of the crew integration process, training, CEIT, and TCDT

shall be outlined in the MIOMP.

o SpaceX shall participate in Joint Multi-Segment Simulation Training (JMST)

that includes flight controllers and crew participation.

o SpaceX shall provide the required high-fidelity CTS and ground facilities

hardware, software, and data for interfacing with NASA, Software

Development Integration Laboratory, and JSC Mission Control Center (MCC)

to execute joint spacecraft-ISS testing and Joint Multi-Segment Simulation

Trainings (JMSTs).

 Crew Flight Processing - SpaceX shall assist in crew ingress on the launch pad and

egress at the recovery site. SpaceX shall meet the landing, egress and additional crew

supplies requirements levied by CCT-REQ-1130.

Cargo Integration - SpaceX shall provide a spacecraft pressurized module physical

configuration per DRD 204 MRAD and any constraints related to manifest and return flexibility.

SpaceX shall identify constraints to the on-orbit packing of cargo for return per the final DRD

204 MRAD. NASA will maintain the capability to adjust the return cargo complement within the

identified constraints while the spacecraft remains mated to the ISS. NASA will plan cargo

transfers with SpaceX coordination and in accordance with identified constraints while the

spacecraft remains docked to the ISS.

Prior to cargo integration, SpaceX shall develop an internal cargo interface control agreement in

accordance with DRD 206 Internal Cargo Interface Control Agreement (ICA) for middeck

lockers and for items planned to be hard-mounted in the spacecraft volume per DRD 204

MRAD. SpaceX shall document the cargo ground handling procedures and constraints in the

ICAs and/or integration procedures.

SpaceX shall conduct power/data testing for all first-time-flown powered middeck lockers to

ensure interface compliance.

SpaceX shall submit DRD 207 Integrated Cargo Phase III Hazard Report per SSP 30599, Safety

Review Process, at L-4 months, to ensure that the hazards associated with the packaging of the

cargo complement have sufficient controls. SpaceX shall submit a delta integrated cargo hazard

report as required according to DRD 207 Integrated Cargo Phase III Hazard Report that

represents the final integrated cargo hazard assessment provided to NASA.

SpaceX shall document discrepancies to hardware turned over to SpaceX and report those

discrepancies to NASA within forty-eight (48) hours of identifying the discrepancy.

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SpaceX shall affix their bar code labels per the ISS Inventory Management System (IMS)

standard to Commercial cargo that will be transferred from the spacecraft to the ISS and shall

correlate IMS bar code numbers to stowage location data for all cargo flown and provide this

data to NASA in accordance with the final DRD 204 MRAD.

SpaceX shall safely integrate cargo into the spacecraft.

4.1.6 CTS Certification Maintenance

SpaceX shall maintain NASA certification of the CTS for all PCMs. Design, production or

operational changes from the NASA certification baseline are reviewed for their effect on

compliance to the requirements of CCT-REQ-1130 and SSP 50808. System performance from

previous production, operation or flights is also reviewed for the potential effects on the NASA

certification. In addition, SpaceX shall ensure the interdependencies between the ongoing core

certification effort, and PCM objectives are addressed in our development plan and mission

execution planning.

Certification maintenance of the CTS shall be a collaboration between SpaceX and NASA to

verify that each Dragon-Falcon 9 vehicle in the fleet is ready for flight as built, with all

requirements verified. The certification maintenance effort consists of

SpaceX shall deliver a Certification Data Package in accordance with DRD 112

Certification Data Package.

4.1.7

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4.2

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5 IDIQ SPECIAL STUDIES (CLIN 003)

In accordance with the task ordering procedures in this contract, SpaceX shall perform special

studies in support of this contract as initiated by written direction from the Contracting Officer.

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Page 1 of 41

Attachment J-03, Appendix A, Milestone

Acceptance Criteria and Payment Schedule

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Page 2 of 41

Certification Baseline Review (CBR) Interim Milestone

Amount: $

Planned Start Date and Completion Date (mo/yr): November 2014

Data/Data Requirement Deliverables (DRDs) to be provided: DRD 001, DRD 002, DRD 101,

DRD 102, DRD 107, DRD 108, DRD 109, DRD 201, DRD 203, DRD 205, DRD 206, Key

Performance Design Parameters Matrix, SSP 50833 COTS Cargo Interface Requirements

Document, SSP 50977 ISS to COTS ICD for SpaceX Commercial Crew Transpiration System,

Joint Integrated Verification Test Plan (JiVTP), BDEALS, BSHEALS, Concept of Operations

Document, Crew Dragon Design Document, Falcon 9 Design Document, Dragon Software

Requirements Baseline Document, Falcon Software Requirements Baseline Document, Software

Design and Capabilities Baseline, Crew Dragon Schematics, Falcon 9 Schematics, Crew Dragon

Bill of Materials, Falcon 9 Bill of Materials, Crew Dragon Thermal Analysis, Falcon 9 CAD

Models, Crew Dragon CAD Models, System Safety Process, Human Error Analysis, Integrated

Probabilistic Safety Analysis, Hazard Report Status, Fault Tolerance Assessment, Crew Survival

Strategy, Margin Management Report, Crew Training Template, Crew Master Task List, Crew

Task Analysis, Crew Workload and Usability Evaluations, Crew-In-The-Loop Test Plan, Risk

Management Status, Final Management Plans and Products

Delivery of Data/DRDs (mo/yr): NLT 45 days before milestone reference DRD 101 Milestone

Review Plan

Objective: At a NASA and Contractor co-chaired Certification Baseline Review (CBR) completed

within ninety (90) days of contract start, the Contractor shall:

(a) Identify the Baseline requirements, including the allocation to the Elements and Subsystems

of the CTS, incorporating the results of NASA’s guidance provided under Certification

Products Contract (CPC) (if applicable), which meet NASA’s requirements defined in CCT-

REQ-1130, ISS Crew Transportation and Services Requirements Document and SSP 50808,

International Space Station (ISS) to Commercial Orbital Transportation Services (COTS)

Interface Requirements Document.

(b) Identify the current Crew Transportation System (CTS) design baseline.

provided under Certification Products Contract (CPC) (if applicable), to meet requirements

in the CCT-PLN-1120, Crew Transportation Technical Management Processes.

(d) Define the plan and schedule to complete Design, Development, Test, and Evaluation

(DDTE) and certification for the CTS design, production, and operations.

(e) Define top safety, technical, cost and schedule risks based on most current CTS design.

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Page 3 of 41

Indicators of Milestone Readiness:

The Contractor has completed the following and provided to NASA:

(a) The requirements, including the allocation to the Elements and Subsystems of the CTS,

incorporating the results of NASA’s disposition under CPC (if applicable) which meet

NASA’s requirements defined in CCT-REQ-1130 and SSP 50808 including but not limited

to:

(1) Documentation of previously approved variances and alternate standards incorporated

or tailored in requirements

(2) Provide joint ISS integration products (Interface Control Documents (ICDs), Joint

Integrated Verification Test Plan (JiVTP), Bi-lateral Data Exchange Agreement List

and Schedule (BDEALS), Bi-lateral Hardware Software Exchange Agreement List

and Schedule (BHSEALS)) identified in SSP 50964, Visiting Vehicle ISS Integration

Plan.

(b) Documentation of the current CTS design baseline as defined in DRD 102 Certification

Baseline Review (CBR) Data Package.

(CBR) Data Package.

(d) The DRD 108 Verification and Validation (V&V) Plan.

(e) The DRD 107 Certification Plan.

(f) The DRD 002 Integrated Master Plan and Integrated Master Schedule for CTS

Certification activities.

(g) An assessment of the top safety, technical, cost, and schedule risks to CTS Certification, and

documentation of the approach to manage and accept risk with CTS Certification.

(h) DRD 001 Insight Implementation Plan and documentation of the organizational

interaction and personnel interfaces to achieve the objectives of the Insight Implementation

Plan and Insight Clause.

(i) DRD 101 Milestone Review Plan.

(j) DRD 109 Flight Test Plan.

Acceptance Criteria:

(a) Requirements are baselined and controlled. The allocation of requirements to the CTS

design baseline is complete.

(1) Requirements are traceable to CCT-REQ-1130 and SSP 50808.

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(2) Variances and alternate standards have been incorporated and appropriately tailored

into the Contractor’s requirements.

(3) Technical coordination is complete for joint ISS integration products (ICDs, JiVTP,

BDEALS, BHSEALS) identified in SSP 50964, and products are ready for ISS to

baseline post CBR review.

(4) The Concept of Operations has been baselined.

(b) The CTS design definition products identified in the DRD 102 Certification Baseline

Review (CBR) Data Package identify the current design baseline.

development.

(d) Management plans and products identified in the DRD 102 Certification Baseline Review

(CBR) Data Package are in place, controlled and are being implemented. The plans and

products identified in the CBR Data Package as type 2 have been approved.

(e) The DRD 108 V&V Plan has been Baselined.

(f) The DRD 107 Certification Plan has been Baselined.

(g) An DRD 002 Integrated Master Plan and Integrated Master Schedule (IMP/IMS) has

been approved.

(h) The top safety, technical, cost and schedule risks are identified, assessed, and clearly

communicated. Plans, processes, and appropriate resources necessary to effectively manage

the risks are in place.

(i) DRD 001 Insight Implementation Plan has been approved. The organizational interaction

and personnel interfaces to achieve the objectives of the Insight Implementation Plan and

Insight Clause have been documented.

(j) DRD 101 Milestone Review Plan in accordance with the Data Requirement List (DRL)

and DRD has been approved.

(k) DRD 109 Flight Test Plan in accordance with the DRL and DRD has been approved.

(l) A plan and schedule have been defined for the resolution of all actions and open items

resulting from the CBR. All To be Determined (TBD) and To be Resolved (TBR) items are

clearly identified with acceptable plans and schedules for their disposition.

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Design Certification Review (DCR) Interim Payment Milestone

Initial Propulsion Module Testing Complete

Amount: $

Planned Start Date and Completion Date (mo/yr): April 2015

Data/Data Requirement Deliverables (DRDs) to be provided: Propulsion Module Test Plan,

quick-look test report

Delivery of Data/DRDs (mo/yr): NLT 30 days before milestone (except as noted below)

Objective:

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way as to isolate the anomaly and allow for continued operation, or safing/shutdown of the

Indicators of Milestone Readiness:

(a) Propulsion module test plan delivered to NASA at least 30 days before the start of the test

campaign. The test plan will contain, at a minimum:

(1) Primary and secondary (if any) test objectives.

(2) Key differences between the test article and flight propulsion system.

(3) Test conditions and environment.

(4) Test matrix.

(5) Instrumentation list.

(b) All applicable components acceptance-tested.

(d) Non-reactive testing of the propulsion module completed, including:

(1) Propulsion system leak checks and functional tests.

(2) Avionics checkouts.

(e) Propulsion module test readiness review (TRR) completed before starting the test campaign.

(f) All action items from the test readiness review (if any) are answered or dispositioned.

Acceptance Criteria:

(a) Demonstrate a high-altitude abort profile requiring both SuperDraco and Draco firings with

abort bottles.

(b) Demonstrate representative rendezvous and docking thruster firing sequences.

Draco thrusters for roll control.

(d) Obtain data for FDIR threshold determination.

(e) Test results satisfy primary test plan objectives and support the certification plan, or a

process is in place to disposition any open items.

(f) Quick-look test report delivered to NASA within 10 days of test completion.

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Design Certification Review (DCR) Interim Payment Milestone

Avionics Test Bed Activation

Amount: $

Planned Start Date and Completion Date (mo/yr): May 2015

Data/Data Requirement Deliverables (DRDs) to be provided: HITL test bed schematics, HITL

test bed initial power up and data checkout procedure, quick-look test report

Delivery of Data/DRDs (mo/yr): NLT 30 days before milestone (except as noted below)

Objective:

Indicators of Milestone Readiness:

(a) Delivery of flight-like flight computer box to HITL test bed.

(b) Delivery of power box to HITL test bed.

(d) Harnessing between flight computer box, power box, and vehicle remote-IO box delivered

and installed on the test bed.

(e) Sufficient electrical ground support infrastructure to support power-up and box control.

(f) Flight software booting on flight computer box, power box, and vehicle remote-IO box.

(g) Flight software able to control powered loads on the power box and establish bi-directional

network communication from the flight computer box to the power box and vehicle remote-

IO box.

(h) Telemetry defined to demonstrate voltage being applied to individual powered loads.

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(i) Telemetry defined to demonstrate bi-directional network communication.

(j) SpaceX has completed the following and delivered to NASA no later than 30 days before

the activation:

a. HITL test bed schematics.

b. HITL test bed initial power up and data checkout procedure.

Acceptance Criteria:

(a) Demonstrate ability to power-up test bed.

(b) Demonstrate ability to control individual powered loads on the power box.

power box.

(d) Demonstrate end-to-end bi-directional network communication capability between flight

computer and vehicle remote-IO box.

(e) Quick-look test report, showing test bed hardware and telemetry collected from

demonstrations above, delivered to NASA within 10 days of test completion.

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Design Certification Review (DCR) Interim Payment Milestone

Delta Critical Design Review (dCDR)

Amount: $

Planned Start Date and Completion Date (mo/yr): June 2015

Data/Data Requirement Deliverables (DRDs) to be provided: Final concept of operations

document; detailed trajectory analysis; detailed GNC analysis; initial set of crew and ground

electronic procedures; crew and ground operator display dictionary; detailed thermal analysis;

detailed environmental control and life support analysis; detailed loads, environments and structural

analysis; detailed wind tunnel and CFD aerodynamic reports; drawings for Dragon and Falcon 9;

schematics for all Dragon, Falcon 9 and launch pad systems; DRD 107; DRD 108; DRD 205

Delivery of Data/DRDs (mo/yr): NLT 30 days before milestone

Objective: The purpose of the Delta Critical Design Review (dCDR) is to ensure that the detailed

Dragon-Falcon 9 System design will satisfy all applicable requirements with adequate margins; is

sufficiently mature to proceed with fabrication, assembly, integration, and test; and has completed

the product verification and validation plans with NASA’s approval. This design review will be co-

chaired by NASA and SpaceX in accordance with our Milestone Review Plan (DRD 101). The

review will cover all four elements of our crew transportation system: the Crew Dragon spacecraft,

Falcon 9 launch vehicle, ground operations, and mission operations. SpaceX will present

sufficiently mature designs for each of these elements to demonstrate compliance with all CCT-

REQ-1130 and SSP 50808 requirements, or with NASA-approved variances. We will present

details of our testing, integration and operations approach, which will need to be approved by

NASA before we can proceed to the next phase of the program plan. We will also update

performance margins to demonstrate that they are sufficient to complete the development efforts

and we will provide updates to identified risks and their mitigations.

Indicators of Milestone Readiness: SpaceX has completed the following and provided it to NASA

at least 30 days before the review:

(a) Final concept of operations document, detailing all concepts of operations from ground

processing through post-landing.

(b) Detailed trajectory analysis for the Dragon-Falcon 9 ascent phase.

(d) Initial set of crew and ground electronic procedures (eProcs).

(e) Complete crew and ground operator display dictionary.

(f) Detailed thermal analysis.

(g) Detailed environmental control and life support analysis.

(h) Detailed loads, environments and structural analysis.

(i) Detailed wind tunnel and CFD aerodynamic reports.

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(j) Drawings for Dragon and Falcon 9

(k) DRD 205 CAD model for Dragon and Falcon 9.

(l) Schematics for all Dragon, Falcon 9 and launch pad systems.

(m)DRD 107 Verification and Validation Plan

(n) DRD 108 Certification Plan

Acceptance Criteria:

(a) Critical designs for all relevant Dragon-Falcon 9 Crew Vehicle and launch pad systems and

subsystems presented to sufficient level of detail.

(b) Comprehensive design presented at sufficient maturity level to show that system

requirements will be met and that the program is ready to proceed with fabrication,

assembly, integration, and test of all articles required for the optional period milestones.

launch site and mission operations is sufficient to progress into the next phase.

(d) Updated Integrated Master Schedule presented.

(e) Adequate technical and programmatic margins and resources exist to complete the

development within budget, schedule and risk constraints.

(f) Updates to risk assessments and mitigation strategies presented.

(g) Risks to mission success are understood and plans and resources exist to effectively manage

them.

(h) NASA approval obtained to proceed with fabrication, assembly, integration, and test

activities to support verification and validation.

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Design Certification Review (DCR) Interim Payment Milestone

Docking System Qualification Testing Complete

Amount: $

Planned Start Date and Completion Date (mo/yr): August 2015

Data/Data Requirement Deliverables (DRDs) to be provided: Docking adapter qualification

plan, qualification docking adapter manufacturing work orders, quick-look test report(s)

Delivery of Data/DRDs (mo/yr): NLT 30 days before milestone (except as noted below)

Objective:

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Indicators of Milestone Readiness:

(a) All docking system action items from the dCDR are answered or dispositioned.

(b) Fabrication and assembly of the qualification units completed.

(d) Docking adapter qualification plan delivered to NASA at least 30 days before starting the

test campaign. The test plan will include:

(1) Primary and secondary (if any) test objectives.

(2) Key differences (if any) between the test article and the flight docking adapter.

(3) Test conditions and environment.

(4) Test matrix.

(5) Instrumentation list.

(e) Docking adapter qualification test readiness review (TRR) completed before beginning the

test campaign.

(f) Qualification docking adapter manufacturing work order delivered to NASA no later than

30 days before starting the test campaign.

Acceptance Criteria:

(a) Demonstrate high probability of successful soft capture through a range of expected initial

conditions using the dynamic analysis model that has been anchored by testing with the JSC

6-DOF test bed.

(b) Qualification test results satisfy primary test plan objectives and support the certification

plan, or a process is in place to disposition any open items.

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Design Certification Review (DCR) Interim Payment Milestone

Propulsive Land Landing Test Complete

Amount: $

Planned Start Date and Completion Date (mo/yr): September 2015

Data/Data Requirement Deliverables (DRDs) to be provided: Final Propulsive Land Landing

Test Plan, test operation procedures, quick-look test report

Delivery of Data/DRDs (mo/yr): NLT 30 days prior before milestone (except as noted below)

Objective: SpaceX will conduct a propulsive landing test of Dragon under nominal hardware

conditions. The vehicle will be dropped from an altitude sufficient to deploy parachutes and

approach the landing burn under flight-like conditions. The intent of the test is to integrate the

parachute, navigation, and propulsion systems into Dragon to demonstrate landing with command

and control, as well as data acquisition. The test article will closely match the flight configuration’s

mechanical properties, such as the outer mold line for aerodynamic accuracy, maximum gross mass,

moment of inertia, and center of mass location. The purpose for conducting the propulsive landing

test is to demonstrate the safety and effectiveness of the Dragon propulsive landing system on

flight-like hardware—including the altimeter—and to validate dynamic models for the vehicle

under main parachutes. The SuperDraco assisted propulsive landing provides a fault tolerant low

impact landing although Dragon can land safely under parachutes only.

Indicators of Milestone Readiness:

(a) Final Propulsive Land Landing Test Plan delivered to NASA at least 30 days before the test.

The test plan will include:

(1) Primary and secondary (if any) test objectives.

(2) Configuration of the test unit.

(3) Key differences between test unit and flight unit.

(4) Instrumentation plan.

(5) Pretest performance predications based on GNC simulations.

(6) Test conditions and environment.

(b) Test operation procedures released at least 15 days before the test.

(d) All applicable components acceptance-tested.

(e) HITL testing of flight software performed.

(f) Assembly of the propulsive landing test article completed.

(g) Non-reactive testing of the propulsive landing test article completed, including:

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(1) Structural load testing.

(2) Propulsion system leak checks and functional tests.

(3) Avionics checkouts.

(h) Test readiness review completed at least 7 days before test.

(i) All action items from the test readiness review (if any) answered or dispositioned.

(j) FAA, Range Safety, and/or other applicable government approvals for the test

demonstration received.

Acceptance Criteria:

(a) Propulsive landing test conducted.

(b) Test results satisfy primary test plan objectives and support the certification plan, or a

process is in place to disposition any open items.

(d) Environmental data for landing acoustics, induced random vibration, and landing dynamics

recorded.

(e) Quick-look test report delivered to NASA within 10 days of test completion.

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Design Certification Review (DCR) Interim Payment Milestone

Launch Site Operational Readiness Review

Amount: $

Planned Start Date and Completion Date (mo/yr): November 2015

Data/Data Requirement Deliverables (DRDs) to be provided: Internal design review

documentation, pad operations hazard analyses, quick-look test report

Delivery of Data/DRDs (mo/yr): NLT 30 days before milestone (except as noted below)

Objective: SpaceX will demonstrate that the launch site meets CCT-REQ-1130 requirements with

an acceptable level of risk for completing the Flight to ISS without Crew milestone. NASA and

SpaceX personnel will evaluate the effectiveness of the pad escape system as part of a separate

milestone before the Flight to ISS with Crew Milestone. This first Launch Site Operational

Readiness Review will demonstrate that the launch complex is ready to support launches of the

Dragon-Falcon 9 Crew Vehicle.

Indicators of Milestone Readiness:

(a) Successful completion of prerequisite SpaceX internal design reviews and hardware build

for:

(1) Lightning protection system.

(2) Launch complex service structure.

(3) Pad transportation and handling ground support equipment, including the

transporter-erector.

(4) Launch site fluids system,

(5) Launch pad communications systems.

(6) Emergency subsystems, including fire-suppression system and emergency breathing

gas.

(b) System safety approval for pad operations.

(1) Pad operations hazard analysis completed and delivered to NASA no later than 30

days prior to the review.

review.

Acceptance Criteria:

(a) Pad integrity test complete.

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(b) Propellant and gas flow test complete.

(d) Functionality of overall system successfully demonstrated.

(e) Quick look test report delivered to NASA within 10 days of test completion.

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Design Certification Review (DCR) Interim Payment Milestone

Flight Test without Crew Certification Review (FTCR)

Amount: $

Planned Start Date and Completion Date (mo/yr): December 2015

Data/Data Requirement Deliverables (DRDs) to be provided: DRD 109 Flight Test Plan for

Flight to ISS without Crew; DRD 110 applicable ISS integration and CCP hazard reports; DRD 111

applicable CCT-REQ-1130 and SSP 50808 verification closure notices; DRD 113; DRD 114;

Launch and reentry certification data package materials including: preliminary flight data package

(PFDP) tailored for Falcon 9; orbital debris assessment reports (ODAR), end of mission plans

(EOMP), reentry data package, reentry trajectory data, accident investigation plan, Dragon first

responders guide, Dragon reentry flight rules, and recovery operations summary; and Applicable

hardware and software items in Appendix G of SSP 50964.

Delivery of Data/DRDs (mo/yr): NLT 45 days before milestone

Objective: The FTCR will certify the design and safety of the Flight to the ISS without Crew.

SpaceX will complete relevant CCT-REQ-1130 and all SSP 50808 ISS integration activities for the

Dragon-Falcon 9 Crew Vehicle, ground segment, and mission operation elements in preparation for

a mission to the ISS without crew.

Partial certification to CCT-REQ-1130 will be focused on those VCNs and hazard reports which

ensure adequate safety provisions are in place and risks are acceptable for the ascent, and the entry,

descent and landing phases of flight. The review is a critical gate on the road to full certification and

provides NASA the opportunity to assess safety risks and gain confidence in the validation

activities associated with the Flight Test to the ISS without crew.

A key predecessor to this FTCR will be the completion of ISS integration. ISS integration is the set

of activities required to ensure that ISS requirements (per SSP 50808, ISS to COTS IRD) have been

met; hardware and software needed to interface with the ISS has been completed; and joint on-orbit

integration operations plans and products have been finalized.

Indicators of Milestone Readiness:

SpaceX has completed the following and provided NASA with all data products 45 days before

FTCR:

(a) Successful completion of ISS Post Qualification Review (PQR) including:

(a) Delivery of applicable hardware and software items in SSP 50964 (Visiting Vehicle

ISS Integration Plan), Appendix G with

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(1) Path forward for open items jointly agreed to between SpaceX and NASA.

(2) Delivery and closure of applicable SSP 50808 Verification & Validation products

(all requirements less standard open items).

(3) Path forward for open items jointly agreed to between SpaceX and NASA.

(4) Delivery and closure of applicable ISS integration hazard reports and completion of

the Phase III Safety Review Panel associated with SSP 50808.

(5) Approval from the ISS Program and PQR Board to approach and dock to the ISS.

(b) SpaceX has completed the following and provided it to NASA at least 45 days before the

review:

(1) Preliminary flight data package (PFDP) tailored for Falcon 9

(2) Orbital debris assessment report (ODAR)

(3) End of mission plans (EOMP)

(4) Reentry data package

(5) Reentry trajectory data

(6) Accident investigation plan

(7) Dragon first responders guide

(8) Dragon reentry flight rules

(9) Recovery operations summary

(10) Applicable CCT-REQ-1130 hazard reports in accordance with DRD 110 Hazard

Reports

(11) Applicable CCT-REQ-1130 VCNs in accordance with DRD 111 Verification

Closure Notices (VCN)

(12) DRD 113 Range Safety Data Documentation

(13) DRD 114 CTS Data Input for NASA Integration and Independent Verification and

Validation

(d) Completion of applicable flight hardware component acceptance testing.

(e) Completion of applicable hardware qualification testing.

(f) Most vehicle integrated system testing and as-built inspections completed.

(g) Initial flight test plan submitted to NASA.

Acceptance Criteria:

(a) Approval from the Commercial Crew Program to ensure appropriate safety risk of the flight

test to the ISS without crew has been satisfied based on the VCN and Hazard Report

closures.

(b) Open items reviewed with NASA.

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(d) NASA and SpaceX management jointly provide authority to proceed for Flight to ISS

without Crew milestone.

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Design Certification Review (DCR) Interim Payment Milestone

ECLSS Integrated Test Complete

Amount: $

Planned Start Date and Completion Date (mo/yr): February 2016

Data/Data Requirement Deliverables (DRDs) to be provided: ECLSS Module Integrated Test

Plan, ECLSS module and GSE schematics, test operation procedures, quick-look test report

Delivery of Data/DRDs (mo/yr): NLT 30 days before milestone (except as noted below)

Objective:

Indicators of Milestone Readiness:

(a) ECLSS module test unit completed, including all required ECLSS subsystems, such as:

(1) CO

scrubbing system and fans.

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(2) Oxygen delivery system.

(3) Dehumidifier system.

(b) ECLSS module GSE completed.

(1) Flight-like avionics interfaces.

(2) GSE thermal control systems.

(3) GSE oxygen consumables.

(4) GSE vacuum system.

(1) Leak checks of the pressure section, oxygen system and TCS.

(2) Avionics checkouts.

(d) Final test plan completed and submitted to NASA at least 30 days before the test. The test

plan will contain:

(1) Primary and secondary (if any) test objectives.

(2) Configuration of the test unit.

(3) Key differences between test unit and flight unit.

(4) Instrumentation plan.

(e) Test operation procedures released at least 15 days before the test.

(f) Test readiness review completed at least 7 days before the test.

(g) ECLSS module and GSE schematics delivered to NASA no later than 30 days prior to the

test.

Acceptance Criteria:

(a) Test results satisfy primary test plan objectives, or a process is in place to disposition any

open items.

(b) Quick-look report provided to NASA within 10 days of the test, including the following

information:

(1) Plots of predicted versus measured performance of all applicable ECLSS

subsystems.

(2) Description of major anomalies.

(3) Photographic coverage.

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Design Certification Review (DCR) Interim Payment Milestone

Flight to ISS without Crew

Amount: $

Planned Start Date and Completion Date (mo/yr): March 2016

Data/Data Requirement Deliverables (DRDs) to be provided: DRD 109 Flight to ISS without

Crew Final Test Plan, DRD 209 Postflight Assessment Report

Delivery of Data/DRDs (mo/yr): NLT 30 days before milestone (except as noted below)

Objective: SpaceX will conduct a flight test of the Dragon-Falcon 9 Crew Vehicle without crew

after completion of ISS Integration and before Crew Dragon certification. The mission

configuration will closely match that of the subsequent Flight to ISS with Crew milestone, which

will be the first crewed mission to the ISS. The purpose of this test flight without crew is to provide

an early demonstration and risk reduction of the Dragon-Falcon 9, ground segment, and mission

operations elements. We will use the data from this flight test to support Crew System certification

products, providing mature deliverables informed by flight data.

The key risks mitigated by objectives of this flight test are related to the following:

 Proximity operations.

 Gathering engineering data.

 Design validation.

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o Demonstrate propulsive-assisted land landing concept of operations.

o Demonstrate nosecone mechanism.

Indicators of Milestone Readiness:

SpaceX has completed the following:

(a) Flight Test without Crew Certification Review (FTCR) completed.

(b) Open issues from FTCR successfully closed.

(d) Vehicle level thermal vacuum and acoustic testing of Dragon successfully completed

(e) All preflight preparations successfully completed.

(f) DRD 109 Flight to ISS without Crew Final Test Plan submitted to NASA at least 30 days

before the launch.

(g) Flight readiness review (FRR) held no later than 7 days before the test.

(h) All action items from the flight test readiness review (if any) answered or dispositioned.

Acceptance Criteria:

(a) Successful launch and on-orbit deployment of the Dragon-Falcon 9 Crew Vehicle.

(b) Successful docking of Crew Dragon to the ISS.

(d) All mission anomalies identified (if any).

(e) Test results satisfy primary test plan objectives and support the certification plan, or a

process is in place to disposition any open items.

(f) DRD 209 Postflight Assessment Report initially delivered to NASA within 14 days of

landing, with the final report delivered within 30 days after landing.

(g) A plan and schedule have been defined for the resolution of all actions and open items

resulting from the postflight findings. All to be determined and to be resolved items are

clearly identified with acceptable plans and schedules for their disposition. All open items to

be closed by the design certification review (DCR).

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Design Certification Review (DCR) Interim Payment Milestone

Parachute Qualification Complete

Amount: $

Planned Start Date and Completion Date (mo/yr): April 2016

Data/Data Requirement Deliverables (DRDs) to be provided: Parachute Qualification Test

Plans, quick-look test reports

Delivery of Data/DRDs (mo/yr): NLT 30 days before Milestone (except as noted below)

Objective: SpaceX will conduct a series of tests on the parachute system in nominal and off-

nominal configurations, enveloping conditions for abort and nominal entry scenarios. As described

in DRD 108 Verification and Validation Plan, these tests will demonstrate that the design and build

of the Crew Dragon parachute system meets the intent of Section 4 of JSC-65985, Requirements for

Human Spaceflight for the Trailing Deployable Aerodynamic Decelerator (TDAD) System.

Complete human-rating of the parachute system will leverage these tests along with additional

analysis, inspection and lessons learned from the pad and in-flight abort tests conducted during

CCiCap. The Parachute Qualification milestone will be completed after the Flight to ISS without

Crew milestone because the latter does not require this level of human-rating for a flight without

crew, and any in-flight observations from that test flight can be used to inform the test plan for

parachute qualification.

The Dragon parachute system is critical to the safety of crew members during all missions. Its

purpose is to stabilize and decelerate the vehicle to an appropriate descent rate for a safe land

landing for all mission cases. The system must not only decelerate the Dragon from the extreme

velocities of orbital entry, but must also be able to quickly establish aerodynamic control of the

vehicle for aborted launches, the strictest of these scenarios being an emergency event at the launch

pad. The parachutes make up a sophisticated system subject to many failure modes both known and

unknown, high and potentially uncertain loads, and a wide range of initial conditions. As such,

multiple tests in a full scale and flight-like configuration are required to demonstrate and observe

aspects such as redundancy effectiveness, performance dispersions, and structural integrity.

Indicators of Milestone Readiness:

(a) NASA approval of Crew Dragon Verification Plan, including testing in support of

certification of the Dragon parachute system.

(b) Full-scale test unit(s) prepared with relevant characteristics (e.g., mass, moment of inertia,

and outer mold line) as similar to the flight configuration as possible.

(d) Test plans completed and submitted to NASA at least 30 days before test. Test plans will

contain:

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(1) Primary and secondary (if any) test objectives.

(2) Configuration of the test unit.

(3) Key differences between test unit and flight unit.

(4) Instrumentation plan.

(5) Test conditions and environment.

(e) Test readiness reviews (TRR) completed no later than 7 days before the test.

(f) All action items from the test reviews (if any) answered or dispositioned.

Acceptance Criteria:

(a) Complete each physical test of the Dragon parachute system as outlined in the Crew Dragon

Verification Plan.

(b) Test results satisfy primary test plan objectives.

following:

(1) Description of major anomalies.

(2) Plots of acceleration and angular rates.

(3) Photographic and video coverage.

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Design Certification Review (DCR) Interim Payment Milestone

Space Suit Qualification Testing Complete

Amount: $

Planned Start Date and Completion Date (mo/yr): May 2016

Data/Data Requirement Deliverables (DRDs) to be provided: Space Suit Qualification Test

Plan, qualification space suit manufacturing work order, quick-look test report

Delivery of Data/DRDs (mo/yr): NLT 30 days before milestone (except as noted below)

Objective: SpaceX will conduct a series of tests on the SpaceX space suit to qualify the design for

flight. This testing will support the verification products as outlined in the DRD 108 V&V plan to

ensure the suit meets functional and performance requirements, including structural, leakage,

acoustic, thermal, and human factors requirements. Crew-in-the-loop (CITL) testing (e.g., vacuum

chamber testing) will be performed to verify performance of the suit with a suited subject. This

testing will support space suit qualification and demonstrate readiness for the Flight to ISS with

Crew.

Space suit qualification will consist of stand-alone and CITL testing to verify suit performance. A

qualification suit will be used for testing at various facilities, as required.

Testing will include:

1. Structural pressure testing to verify the ability of the suit to maintain structural integrity with

appropriate factors of safety.

2. Leakage testing to verify the suit leak rate.

3. CITL vacuum chamber testing for the full cabin depressurization duration.

4. Performance testing to verify the suit’s ability to washout carbon dioxide from the suited

subject’s oral nasal region.

5. Pressurized and unpressurized mobility testing with a suited subject to demonstrate that the

crew can perform required tasks in-flight.

6. Suit donning testing to verify the crew can don their suits without assistance and within the

time required to support the SpaceX concept of operations, in a representative 1-g

environment.

7. Acoustic testing to verify the acoustic attenuation of the suit helmet.

8. Interface testing to verify the suit interfaces properly with other Dragon hardware, including

seats, restraints, and umbilical connections.

Details of the testing will be defined in the Space Suit Qualification Test Plan.

Attachment J-03, Appendix A

NNK14MA74C - Commercial Crew Transportation Capability (CCtCap) Contract

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In any instances where evaluations include pressurized suit testing or for any testing that would

pose safety hazards to NASA personnel, SpaceX shall submit test plans, procedures and hazard

analyses to NASA for approval before the start of testing.

Indicators of Milestone Readiness:

(a) Qualification suit build completed, including:

(1) All suit elements, such as pressure garment, helmet, gloves and boots.

(2) Representative suit pressure control hardware.

(b) Test readiness review held with NASA no less than 7 days before the start of qualification

testing. The purpose of the meeting is to determine readiness to begin qualification testing.

readiness review. The test plan(s) will include:

(1) Primary and secondary (if any) test objectives.

(2) Test description, including test levels and durations (if applicable).

(3) Configuration of the suit qualification article.

(4) Key differences between the qualification suit and the flight suit.

(5) Safety assessments of test setup for all pressurized suit testing or any testing that

would pose safety hazards to NASA personnel

(d) All action items from the test readiness review answered or dispositioned.

(e) NASA approval to proceed with testing on a test-by-test basis, such that testing can begin

for tests NASA has approved.

(f) Qualification space suit manufacturing work orders delivered to NASA no later than 30

days prior to the test.

Acceptance Criteria:

(a) All tests identified in the Space Suit Qualification Test Plan completed.

(b) Test results satisfy primary test plan objectives and support the human certification plan, or

a process is in place to disposition any open items.

following:

(1) Description of major anomalies.

(d) Summary of test results showing that the design and performance of the suit meets all

relevant requirements.

Attachment J-03, Appendix A

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Design Certification Review (DCR) Interim Payment Milestone

Launch Site Operational Readiness Review for Crew

Amount: $

Planned Start Date and Completion Date (mo/yr): June 2016

Data/Data Requirement Deliverables (DRDs) to be provided: Crew Ingress/Egress

Demonstration Test Plan, internal design review documentation, launch complex blast damage area

assessment, blast pressure wave analysis and survivability assessment, pad operations hazard

analyses, system safety requirements verification, demonstration test report

Delivery of Data/DRDs (mo/yr): NLT 30 days before milestone (except as noted below)

Objective: SpaceX will demonstrate the readiness of the launch complex crew ingress/egress

system to show that the system meets all CCT-REQ-1130 requirements with acceptable risk. NASA

and SpaceX personnel will evaluate the effectiveness of the pad ingress/egress system. All NASA

and SpaceX evaluators and subject matter experts will provide comments and feedback. The

demonstration will occur at the launch site and will cover all ground systems associated with

nominal and emergency crew ingress/egress operations at the launch complex. The demonstration

will support the human certification plan and may be split into multiple stages depending on vehicle

readiness. For example, the test could be split to use a ground-based capsule simulator to evaluate

ingress/egress timing, and a separate test for pad escape via gantry.

Indicators of Milestone Readiness:

(a) Demonstration test plan developed and submitted to NASA for review at least 30 days

before the crew ingress/egress demonstration. This plan will outline the operations to be

simulated, the procedures to be used, and the overall timeline of the demonstration.

(b) Crew ingress/egress demonstration test readiness review completed at least 7 days before

test.

dispositioned.

(d) Electronic copy of the following technical products made available for NASA review at

least 15 days before the review:

(1) Updated concept of operations for ground operations, if applicable.

(2) Launch complex blast damage area assessment.

(3) Blast pressure wave analysis and survivability assessment.

(e) Successful completion of prerequisite SpaceX internal design reviews and hardware build

for:

(i) Lightning protection system.

Attachment J-03, Appendix A

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(ii) Launch complex service structure, including tower, elevator, Crew Dragon

access arm and white room.

(iii) Crew emergency egress system.

(iv) Pad transportation and handling ground support equipment, including

transporter-erector.

(v) Launch pad communications systems.

(vi) Launch control center.

(vii) Emergency subsystems, including fire-suppression system and emergency

breathing gas.

(f) Delivery of internal design review documentation to NASA at least 15 days before the

review.

(g) System safety approval for pad operations.

(i) Pad operations hazard analysis completed and delivered to NASA 15 days

before the review.

(ii) System safety requirements verification (for ingress/egress ground systems,

only) completed and delivered to NASA 15 days before the review.

Acceptance Criteria:

(a) Crew ingress and egress operations demonstrated to be safe and effective. Emergency pad

egress shown to meet all relevant NASA and SpaceX requirements.

(b) Human factors assessment performed by NASA and/or SpaceX experts.

(d) Functionality of overall system successfully verified via demonstration (when available), or

otherwise by analysis, test or inspection.

(e) Operational concept is technically sound and human factors included (where appropriate).

(f) Certification objectives have been met or a process is in place to disposition any open items.

(g) Demonstration test report generated and delivered to NASA.

Attachment J-03, Appendix A

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Design Certification Review (DCR) Milestone

Amount: $

Planned Start Date and Completion Date (mo/yr): July 2016

Data/Data Requirement Deliverables (DRDs) to be provided: DRD 002, DRD 103, DRD 109,

DRD 110, DRD 111, DRD 112, DRD 113, DRD 203

Delivery of Data/DRDs (mo/yr): NLT 45 days before milestone reference DRD 101 Milestone

Review Plan

Objective: DCR acceptance criteria shall be met before any crewed test flights.

At a NASA and Contractor co-chaired DCR, the Contractor shall:

(a) Demonstrate that the Crew Transportation System (CTS) and operations meet all applicable

requirements (exceptions must be preapproved by the Commercial Crew Program/ISS

Program (CCP/ISSP)), as defined in CCT-REQ-1130, ISS Crew Transportation and

Services Requirements Document, and SSP 50808, ISS to Commercial Orbital

Transportation Services (COTS) Interface Requirements Document (IRD) in order to meet

the ISS Design Reference Mission (DRM) within CCT-DRM-1110, CTS DRM.

(b) Provide evidence that it has met all applicable requirements (exceptions must be

preapproved by the CCP/ISSP) through the implementation of its baselined management

and certification plans and processes required in CCT-PLN-1120, Crew Transportation

Technical Management Processes.

Plan and Integrated Master Schedule.

(d) Define top safety, technical, cost, and schedule risks.

Upon meeting the DCR Acceptance Criteria defined below, NASA will permit the Contractor to

proceed to a Flight Test Readiness Review (FTRR).

Indicators of Milestone Readiness:

The Contractor has completed the following and provided to NASA:

(a) The DRD 103 Design Certification Review Data Package.

(b) The DRD 112 Certification Data Package including but not limited to:

Attachment J-03, Appendix A

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(1) All DRD 111 Verification Closure Notices (VCNs) demonstrating that the CTS

requirements have been met. (All VCNs shall be closed unless exceptions are

preapproved by the CCP/ISSP).

(2) The hazard analysis and DRD 110 Hazard Reports have been approved by NASA.

been completed.

(d) ISS Integration per SSP 50964, Visiting Vehicle ISS Integration Plan, including the Flight

Operations Review and the ISS Phase III Safety Review have been completed. Forward

work is scheduled and approved by NASA.

(e) The DRD 002 Integrated Master Plan and Integrated Master Schedule.

(f) The DRD 113 Range Safety Data Documentation.

(g) The DRD 203 Vehicle Interface Definition Document (IDD).

(h) An assessment of the top safety risks and documentation of the management and acceptance

of risk including, but not limited to:

(1) Most recent results of the Probabilistic Safety Analysis (PSA) that identify the

integrated safety and mission assurance risk of the baseline design, and individually

identifies top risk contributors.

(2) An assessment of crew survival capability of the baseline design in accordance with

CCT-PLN-1120.

(i) The top programmatic risks have been identified and assessed.

(j) Documentation substantiating all Review Item Dispositions (RIDs) and actions from design

reviews, verification reviews, and Certification Baseline Review (CBR) are closed.

Acceptance Criteria:

(a) The DRD 112 Certification Data Package has been approved by NASA.

(1) All applicable DRD 111 VCNs have been approved by NASA. (All VCNs relevant to

crewed flight test will be approved by NASA with acceptable open work).

(2) The design provides crew survival capability.

(3) Operational limits and constraints have been implemented and verified.

(4) Operational roles and procedures have been defined for crew, mission team and

mission management.

Attachment J-03, Appendix A

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(b) An DRD 002 Integrated Master Plan and Integrated Master Schedule has been

approved.

and appropriate resources necessary to effectively manage the risks are in place.

(1) Major risks to crew safety and mission success have been identified, quantified, and

integrated in a PSA.

(2) Risk mitigation strategies associated with the CTS design baseline, cost and schedule

have been identified and agreed upon by NASA.

(d) The top programmatic risks have been identified. Plans, processes, and appropriate

resources necessary to effectively manage the risks are in place.

(e) All RIDs and actions from design reviews, verification reviews and CBR are closed. All To

be Determined (TBD) and To be Resolved (TBR) items are clearly identified with

acceptable plans and schedules for their disposition and have been submitted.

(f) A plan and schedule have been defined for the resolution of all actions and open items

resulting from the DCR. All TBD and TBR items are clearly identified with acceptable

plans and schedules for their disposition.

Attachment J-03, Appendix A

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Flight Test Readiness Review (FTRR) Interim Milestone

Amount: $

Planned Start Date and Completion Date (mo/yr): September 2016

Data/Data Requirement Deliverables (DRDs) to be provided: DRD 104, DRD 110, DRD 111,

DRD 112,

Delivery of Data/DRDs (mo/yr): NLT 45 days before milestone reference DRD 101 Milestone

Review Plan

Objective: For each crewed flight test(s), the Contractor shall conduct an FTRR that demonstrates

readiness to conduct a crewed flight test and defines a risk baseline for crewed flight test activities.

Indicators of Milestone Readiness:

The Contractor has completed the following and provided to NASA:

(a) All data and documentation identified in CCT-PLN-1120, Crew Transportation Technical

Management Processes, Appendix F, CTS FRR Milestone Data, as the DRD 104 FTRR

Data Package.

(1) Approval of any new, open or changes to applicable DRD 111 Verification Closure

Notices (VCNs), DRD 110 Hazard Reports, and DRD 112 Certification Data

Package.

(2) Documentation that all acceptance, checkout and integration testing has been

completed.

(3) Documentation of flight specific products.

(4) Documentation that the launch site, Range, recovery and tracking and data support

resources have committed to launch.

(5) Documentation that landing site recovery support and resources have committed to

landing.

(6) Documentation that all operational supporting and enabling capabilities (e.g., facilities,

equipment, documents, updated databases) necessary for nominal and contingency

operations have been tested and delivered/installed at the site(s) necessary to support

operations.

Attachment J-03, Appendix A

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(7) Documentation that plans, processes, procedures and training for nominal and

contingency operations for the Crew Transportation System (CTS) have been

completed to support operations.

(8) Documentation that systems hardware, software, personnel, processes and procedures

are in place to support operations.

(b) The Contractor, its subcontractors, suppliers and team members have provided flight

readiness endorsements demonstrating that they have met requirements in accordance with

the Contractor’s management processes.

completed and the ISS is ready to accept the Visiting Vehicle and crew for flight tests to

ISS.

(1) Documentation of residual mission risks and related analyses for acceptance.

(d) All open actions from Design Certification review (DCR) and SORR have been closed.

Acceptance Criteria:

(a) The DRD 104 FTRR Data Package has been presented and accepted by NASA.

(b) All changes, modifications and anomalies since DCR have been resolved and resolutions

have been accepted by NASA.

trained, and are in place.

(d) The plan and schedule of preplanned forward work has been accepted by NASA.

(e) Any open work or constraints to launch are identified and closeout plans and schedules are

in place and supportable.

(f) NASA has accepted the flight specific products.

(g) Launch Site, Range, and recovery support organizations have committed to launch.

(h) Landing site support and resources have committed to landing.

(i) NASA has accepted residual flight test risks.

Attachment J-03, Appendix A

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Certification Review (CR) Interim Payment Milestone

Flight to ISS with Crew

Amount: $

Planned Start Date and Completion Date (mo/yr): October 2016

Data/Data Requirement Deliverables (DRDs) to be provided: DRD 109 Flight to ISS with Crew

Final Test Plan, DRD 209 Postflight Assessment Report

Delivery of Data/DRDs (mo/yr): NLT 30 days before milestone (except as noted below)

Objective: As the final validation test before proceeding with the Crew Vehicle Operations

Readiness Review (ORR), SpaceX will conduct a second test flight of the Dragon-Falcon 9 Crew

System, this time with crew, after NASA approval of the Design Certification Review and Flight

Test Readiness Review. The purpose of this test is to provide an early demonstration and risk

reduction of the Dragon-Falcon 9 System for operational missions. We will use the data from this

flight to support the creation of mature Crew Dragon certification products and to demonstrate

readiness for post-certification missions. This flight test will be a short-duration mission of

approximately 14 days.

The key risks mitigated by this flight test are related to the following CITL operations:

 Proximity operations.

o Proximity operations with the new Dragon-to-ISS communications system.

o Autonomous V-bar approach and rendezvous.

o Crew monitoring capability during autonomous docking operations.

o Crew ingress and egress to ISS.

 Gathering engineering data gathering.

o Additional data for thermal model validation.

o Additional aerodynamic data for modified Dragon OML during entry and landing.

o Additional flight data for loads and dynamic environments.

o Data for ECLSS performance with crew onboard during all phases of flight.

 Design validation.

o Crew manual control of vehicle attitude and translation.

o Nominal operation of spacesuits.

o The ability of the crew to adequately monitor vehicle performance and command

vehicle systems.

Attachment J-03, Appendix A

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Indicators of Milestone Readiness:

SpaceX has met the following criteria:

(a) Design Certification Review (DCR) completed.

(b) Open issues from the Flight Test Readiness Review successfully closed.

demonstration.

(d) Final Dragon-Falcon 9 Crew Vehicle HITL and integrated system testing completed.

(e) All preflight preparations successfully completed.

(f) All crew and ground operator training completed and all personnel certified for flight.

(g) DRD 109 final flight test plan submitted to NASA at least 30 days before the launch. NASA

comments on the test plan provided to SpaceX no less that 15 days before launch.

Acceptance Criteria:

(a) Successful launch and on-orbit deployment of the Dragon-Falcon 9 Crew Vehicle.

(b) Successful docking of the Crew Dragon system to the ISS.

(d) Successful departure, entry and landing of Crew Dragon.

(e) Successful demonstration of crew manual flight control, crew commanding and crew

monitoring functions.

(f) Safe return of crew to Earth.

(g) All mission anomalies identified (if any).

(h) Test results satisfy primary test plan objectives and support the certification plan, or a

process is in place to disposition any open items.

(i) DRD 209 Postflight Assessment Report delivered to NASA within 14 days of landing, the

final report delivered within 30 days after landing.

(j) A plan and schedule have been defined for the resolution of all actions and open items

resulting from the postflight findings. All to be determined and to be resolved items are

clearly identified with acceptable plans and schedules for their disposition. All open items to

be closed by the Operational Readiness Review (ORR).

Attachment J-03, Appendix A

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Operations Readiness Review (ORR) Interim Milestone

Amount: $

Planned Start Date and Completion Date (mo/yr): January 2017

Data/Data Requirement Deliverables (DRDs) to be provided: DRD 105, DRD 110, DRD 111,

DRD 112,

Delivery of Data/DRDs (mo/yr): NLT 45 days before milestone reference DRD 101 Milestone

Review Plan

Objective: At a NASA and Contractor co-chaired Operations Readiness Review (ORR), the

Contractor shall demonstrate that the actual Crew Transportation System (CTS) system

characteristics and the procedures used in operations reflect the deployed state of the CTS. The

ORR evaluates all project and support (flight and ground) hardware, software, personnel, and

procedures to ensure flight and associated ground systems are in compliance with program

requirements and constraints.

An ORR occurs upon successful completion of the crewed test flight to International Space Station

(ISS). Upon meeting the ORR Acceptance Criteria defined below, NASA will accept operations

readiness of the system for Post Certification Missions (PCMs).

Indicators of Milestone Readiness:

The Contractor has completed the following and provided to NASA:

(a) The DRD 105 Operations Readiness Review (ORR) Data Package.

(b) Any updates to the DRD 112 Certification Data Package.

Hazard Reports.

(d) Approval of closure of action items from Flight Test Readiness Review(s) (FTRR(s)),

Design Certification Review(s) (DCR(s)) and previous reviews.

(e) Documentation substantiating that all validation testing has been completed.

(f) Documentation providing evidence that failures and anomalies have been resolved and the

results incorporated.

(g) Documentation that all operational supporting and enabling capabilities (e.g., facilities,

equipment, documents, updated databases) necessary for nominal and contingency

Attachment J-03, Appendix A

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operations have been tested and delivered/installed at the site(s) necessary to support

recurring operations.

(h) Documentation that plans, procedures and training for nominal and contingency operations

for the CTS have been completed to support recurring operations.

(i) Documentation that systems hardware, software, personnel, and procedures are in place to

support recurring operations.

(j) An assessment of the top safety risks and documentation of the management and acceptance

of risk including but not limited to:

(1) Most recent results of the Probabilistic Safety Analysis (PSA) that identify the integrated

safety and mission assurance risk of the baseline design, and individually identifies top

risk contributors.

(2) An assessment of crew survival capability of the baseline design in accordance with

CCT-PLN-1120, Crew Transportation Technical Management Processes.

(k) The top programmatic risks have been identified and assessed.

(l) Documentation substantiating all Review Item Dispositions (RIDs) and actions from design

reviews, verification reviews, DCR(s), and FTRR(s) are closed.

Acceptance Criteria:

(a) The CTS, including any enabling products, is determined to be ready to be placed in a

recurring operations status.

(1) NASA has approved the updated DRD 112 Certification Data Package including any

remaining open DRD 111 Verification Closure Notices and DRD 110 Hazard

Reports.

(2) NASA has approved closure of action items from DCR and previous reviews.

(3) NASA has accepted documentation as evidence that all validation testing has been

completed.

(4) NASA has accepted documentation as evidence that failures and anomalies have been

resolved and the results incorporated.

(5) NASA has accepted documentation that all operational supporting and enabling

capabilities (e.g., facilities, equipment, documents, updated databases) necessary for

nominal and contingency operations have been tested and delivered/installed at the

site(s) necessary to support sustaining operations.

Attachment J-03, Appendix A

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(6) NASA has accepted documentation that all plans, procedures and training for nominal

and contingency operations for the CTS have been completed to support sustaining

operations.

(b) NASA has accepted documentation that systems hardware, software, personnel, and

procedures are in place to support operations.

communicated. Plans, processes, and appropriate resources necessary to effectively manage

the risks are in place.

(1) Major risks to crew safety and mission success have been identified, quantified, and

integrated in a PSA.

(2) Risk mitigation strategies associated with the CTS design baseline, cost and schedule

have been identified and agreed upon by NASA.

(d) The top programmatic risks have been identified. Plans, processes, and appropriate

resources necessary to effectively manage the risks are in place.

(e) A plan and schedule have been defined for the resolution of all actions and open items

resulting from the ORR. All To be Determined (TBD) and To be Resolved (TBR) items are

clearly identified with acceptable plans and schedules for their disposition.

Attachment J-03, Appendix A

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Certification Review (CR) Milestone

Amount: $

Planned Start Date and Completion Date (mo/yr): April 2017

Data/Data Requirement Deliverables (DRDs) to be provided: DRD 106, DRD 111, DRD 112,

Delivery of Data/DRDs (mo/yr): NLT 45 days before milestone reference DRD 101 Milestone

Review Plan

Objective: At a NASA chaired review, the Contractor shall provide evidence that the CTS has met

all NASA requirements identified in Attachment J-01, Integrated Crew Transportation System

(CTS) Requirements. The Contractor shall also provide documentation of the crew safety and

mission assurance risks associated with the CTS.

Indicators of Milestone Readiness:

The Contractor has completed the following and provided to NASA:

(a) The DRD 106 Certification Review Milestone Data Package

(b) The DRD 112 Certification Data Package.

production acceptance testing and closure of any open requirements from Design

Certification Review(s) (DCR(s)).

(d) An assessment of the top safety risks and documentation of the management and acceptance

of risk including but not limited to:

(1) Most recent results of the Probabilistic Safety Analysis (PSA) that identify the integrated

safety and mission assurance risk of the baseline design, and individually identifies top

risk contributors.

(2) An assessment of crew survival capability of the baseline design.

(e) The top programmatic risks have been identified and assessed.

(f) Documentation substantiating all Review Item Dispositions (RIDs) and actions from design

reviews, verification reviews, DCR(s), Flight Test Readiness Review(s) (FTRR(s)) and

ORR are closed.

Attachment J-03, Appendix A

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Acceptance Criteria:

(a) CTS Certification recommendation has been approved including DRD 112 Certification

Data Package.

(b) Results from risk assessment have been accepted by NASA.

ITEM NO. SUPPL ES/SERVICES

QUANTITY

UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

PAGE OF

SPACEX

(A) (B)

(C)

(D) (E) (F)

NNK14MA74C/000001

In consideration of the modification(s) agreed to

herein, and described as complete equitable

adjustments in delivery schedule for the

Contractor's Certification Baseline Review (CBR)

Interim Milestones, the Contractor hereby

releases the Government from any and all

liability under this contract for further

equitable adjustments attributable to such facts

or circumstances giving rise to the Proposed

delivery schedule adjustment.

Payment Terms:

Net 15 days

NSN 7540-01-152-8067

OPTIONAL FORM 336 (4-86)