1
Exhibit 10.9
____________________________________________________________________________________________________________________________________
1. THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES
AWARD/CONTRACT UNDER DPAS 115 CFR 3501 DO-C9 1 44
____________________________________________________________________________________________________________________________________
2. CONTRACT (Proc. Inst. Id. No. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUEST PROJECT NO.
NAS5-31350 March 29, 1991 See Clause G.1
____________________________________________________________________________________________________________________________________
5. ISSUED BY CODE 289 6. ADMINISTERED BY (If other than Item 5) CODE
_________________ _________________
National Aeronautics and Space Administration
Xxxxxxx Space Flight Center
Greenbelt Road
Greenbelt, MD 20771
____________________________________________________________________________________________________________________________________
7. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) 8. DELIVERY
Destination
[ ] FOB ORIGIN [X] OTHER (See below)
__________________________________________
Orbital Sciences Corporation
00000 Xxxx Xxxxx Xxxxxx 0. DISCOUNT FOR PROMPT PAYMENT
Fairfax, VA 22033 N/A
__________________________________________
10. SUBMIT INVOICES ITEM
(4 copies unless otherwise Clause
_________________________________________________________________________________________ specified) TO THE ADDRESS G.4
CODE FACILITY CODE SHOWN IN
____________________________________________________________________________________________________________________________________
11. SHIP TO MARK FOR CODE 970.2 12. PAYMENT WILL BE MADE BY CODE 212.1
_______________ _________________
Xxxxxx X. Xxxx Financial Management Division
NASA/Xxxxxxx Space Flight Center NASA /Xxxxxxx Space Flight Center
Greenbelt, MD 20771 Greenbelt, MD 20771
____________________________________________________________________________________________________________________________________
13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION 14. ACCOUNTING AND APPROPRIATION DATA
[ ] 10 U S C 2304(C)( ) [ ] 41 U S C 253(c)( ) See Clause G.1
____________________________________________________________________________________________________________________________________
15A. ITEM NO. 15B. SUPPLIES/SERVICES 15C. QUANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT
____________________________________________________________________________________________________________________________________
Ocean Color Data Mission APPROVED BY:
/s/ W.A. Landymore 3/29/9
Type of Contract: Firm Fixed Price ___________________________________________________
Technical Office: Xxxxxx X. Xxxx, Code 970.2 for X.X. Xxxxxx Date
Contract Specialist: Xxxxxxx X. Xxxxxxxx, Code 289 Associate Director for Acquisition
____________________________________________________________________________________________________________________________________
15 G. TOTAL AMOUNT OF CONTRACT .... $43,520,000
____________________________________________________________________________________________________________________________________
16. TABLE OF CONTENTS
____________________________________________________________________________________________________________________________________
( ) SEC DESCRIPTION PAGE(S) ( ) SEC DESCRIPTION PAGE(S)
--- --- ----------- ------- --- --- ----------- -------
PART 1 -- THE SCHEDULE PART II -- CONTRACT CLAUSES
X A SOLICITATION/CONTRACT FORM 1-4 X I CONTRACT CLAUSES 26-43
X B SUPPLIES OR SERVICES AND PRICES/COSTS 5-7 PART III -- LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH
X C DESCRIPTION, SPECS WORK STATEMENT 8 X J LIST OF ATTACHMENTS 44
D PACKAGING AND MARKING PART IV -- REPRESENTATIONS AND INSTRUCTIONS
X E INSPECTION AND ACCEPTANCE 9-10 K REPRESENTATIONS, CERTIFICATIONS AND
X F DELIVERIES OR PERFORMANCE 11-13 OTHER STATEMENTS OF OFFERORS
X G CONTRACT ADMINISTRATION DATA 14-37 L INSTRS. CONDS. AND NOTICES TO OFFERORS
X H SPECIAL CONTRACT REQUIREMENTS 18-25 M EVALUATIONS FACTORS FOR AWARD
____________________________________________________________________________________________________________________________________
CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE
____________________________________________________________________________________________________________________________________
17. [X] CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is re- 18. [ ] AWARD (Contractor is not required to sign this document)
quired to sign this document and return ____4____ copies to offer on Solicitation Number ______________________________________
issuing officer.) Contractor agrees to furnish and deliver including the additions or changes made by you which additions or
all items or perform all the services set forth or other- changes are set forth in full above, is hereby accepted as in the
wise identified above and on any continuation sheets for items listed above and on any continuation sheets. This award
the consideration stated herein. The rights and obligations consummates the contract which consists of the following documents:
of the parties to this contract shall be subject to and (a) the Government's solicitation and your offer, and (b) this
??????? by the following documents: (a) this award/contract, award/contract. No further contractual document is necessary.
(b) the solicitation, if any, and (c) such provisions,
representations, certifications, and specifications, as are
attached or incorporated by reference herein. (Attachment
are listed herein.)
____________________________________________________________________________________________________________________________________
19A. NAME AND TITLE OF SIGNEE (type or print) 20A. NAME OF CONTRACTNG OFFICER
Xxxx X. Xxxxxxxx Xxxxxxx X. Xxxxxx
Executive Vice President
Space Systems Division
____________________________________________________________________________________________________________________________________
19B. NAME OF CONTRACTOR 19C. DATE SIGNED 20B. UNITED STATES OF AMERICA 20C. DATE SIGNED
/s/ Xxxx X. Xxxxxxxx 3/29/91 /s/ Xxxxxxx X. Xxxxxx March 29, 1998
By _______________________________________ By __________________________________
(Signature of person authorized to sign) (Signature of Contracting Officer)
____________________________________________________________________________________________________________________________________
ISN 7540-01-152-8070 STANDARD FORM 30 (REV 10.83)
PREVIOUS EDITION UNUSABLE Prescribed by GSA
FAR (48 CFR) 53.243
2
NAS5-31350
INDEX OF CLAUSES
SECTION B
B.1 SERVICES TO BE FURNISHED
B.2 DELIVERABLE REQUIREMENTS (GSFC 52.210-90) (OCT 1988)
B.3 FIRM FIXED PRICE (18-52.216-78) (DEC 1988)
B.4 PAYMENT SCHEDULE
SECTION C
C.1 REPORTS OF WORK
SECTION E
E.1 ACCEPTANCE--SINGLE LOCATION (GSFC 52.246-92) (SEPT 1989)
E.2 INSPECTION SYSTEM RECORDS (GSFC 52.246-102) (OCT 1988)
E.3 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (DEVIATION)
SECTION F
F.1 DELIVERY SCHEDULE
F.2 F.O.B. DESTINATION
F.3 PERIOD OF PERFORMANCE
F.4 52.212-15 GOVERNMENT DELAY OF WORK (APR 1984)
SECTION G
G.1 ACCOUNTING AND APPROPRIATION DATA (GSFC 52.204-91) (OCT 1988)
G.2 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE
(GSFC 52.242-90) (OCT 1988)
G.3 DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE AND PATENT
REPRESENTATIVE (18-52.227-72) (APRIL 1984)
G.4 INVOICES - SUBMISSION OF (GSFC 52.232-95) (OCT 1988)
G.5 ELECTRONIC FUNDS TRANSFER PAYMENT METHODS (52.232-28)
(APR 1989) as modified by NASA FAR Supplement 18-32.908
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INDEX OF CLAUSES
SECTION G (Cont'd)
G.6 APPROVAL OF CONTRACT (52.204-1) (DEC 1989)
G.7 USE OF GOVERNMENT PRODUCTION AND RESEARCH PROPERTY ON A
NO-CHARGE BASIS
SECTION H
H.1 TERMINATION LIABILITY
H.2 GROUND RECEIVING STATIONS
H.3 HANDLING OF SATELLITE IMAGE AND TELEMETRY INFORMATION
H.4 REDUCED CAPABILITY
H.5 DATA ACCEPTANCE CRITERIA AND PROCEDURES
H.6 METHOD OF CONTRACT PERFORMANCE (GSFC 52.210-94) (OCT 1988)
H.7 PERMITS AND LICENSES
H.8 INSURANCE
H.9 GOVERNMENT APPROVAL AND INSIGHT
H.10 SUBMISSION OF REQUESTS FOR PROGRESS PAYMENTS (18-52.232-82) (MAR
1989)
SECTION I
I.1 CLAUSES INCORPORATED BY REFERENCE (52.252-2) (JUN 1988)
I.2 52.215-33 ORDER OF PRECEDENCE (JAN 1986) (DEVIATION)
I.3 52.220-1 PREFERENCE FOR LABOR SURPLUS AREA CONCERNS (APR 1984)
I.4 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME
COMPENSATION (MAR 1986)
I.5 52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984)
I.6 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
I.7 52.232-16 PROGRESS PAYMENTS (AUG 1987) (DEVIATION)
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NAS5-31350
INDEX OF CLAUSES
SECTION I (Cont'd)
I.8 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)
(APR 1984) (DEVIATION)
I.9 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)
(DEVIATION)
I.10 FEDERAL ACQUISITION REGULATION REFERENCES (18-52.252-71) (MAY 1986)
I.11 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT) (18--52.232-77) (MAR 1989)
(DEVIATION)
I.12 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY--
MODIFICATION (52.203-9) (NOV 1990) (ADVANCE VERSION)
I.13 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY
(52.203-10) (SEP 1990)
SECTION J
J.1 LIST OF ATTACHMENTS (GSFC 52.210-101) (OCT 1988)
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NAS5-31350
SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 SERVICES TO BE FURNISHED
The Contractor shall provide the personnel, materials, and facilities except as
otherwise provided for in this contract necessary to produce and deliver data
services from the Ocean Color Data instrument and to furnish the items
specified in B.2 of this contract, in accordance with the following documents,
which are Attachment A, Statement of Work, dated December 1990 and Attachment
B, Performance Specifications, dated December 1990.
(End of text)
B.2 DELIVERABLE REQUIREMENTS (GSFC 52.210-90) (OCT 1988)
The Contractor shall perform and/or deliver the following:
Item Description Reference
---- ----------- ---------
1 Five years of On-Board Recorded Data Statement of Work (SOW)
2 Five years of Real-time Downlinked SOW
Data
3 Calibration Data Specification No. 3
4 Cryptographic Data SOW
5 Command List and Description Specification No. 3 Documentation
a. Draft
b. Final
6 Calibration Plan Specification No. 3
a. Draft
b. Final
7 Source Code/Documentation for Instrument Specification No. 3
Ground Software
8 Reports of Work Clause C.1
9 Subcontract Notification I.1, Clause
52.244-1
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NAS5-31350
SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS
B.2 DELIVERABLE REQUIREMENTS (GSFC 52.210-90) (Cont'd)
Item Description Reference
---- ----------- ---------
10 Final Performance Assurance Specification No. 3
Plan
Total Price: $43,520,000
(End of clause)
B.3 FIRM FIXED PRICE (18-52.216-78) (DEC 1988)
The total firm fixed price of this contract is $43,520,000.
(End of clause)
B.4 PAYMENT SCHEDULE
Payments shall be made to the Contractor in accordance with the following
milestones:
Approx. Amount Accum. Contract
Milestone Date $(M) $(M) FY Month
--------- ------- ------ ------ -- --------
Evidence of Binding Financial Commitment 1 Apr 91 $9.0 $ 9.0 91 1
Preliminary Design Review 1 Dec 91 $6.0 $15.0 92 9
Award Rocket Motors 1 Dec 91 $6.0 $21.0 92 9
Critical Design Review 1 Mar 92 $1.0 $22.0 92 12
Complete Spacecraft ETU Integration and Test 1 Nov 92 $5.0 $27.0 93 20
Complete Spacecraft Integration 1 Jan 93 $6.0 $33.0 93 22
Complete Spacecraft System Testing 1 Apr 93 $0.57 $33.57 93 25
Pre-Ship Review 1 Jul 93 $3.0 $36.57 93 28
Release of Spacecraft from Carrier Aircraft 1 Aug 93 $0.5 $37.07 93 29
*Launch Success 1 Aug 93 $0.5 $37.57 93 29
Initial Data Certification 1 Dec 93 $3.0 $40.57 94 33
After the initial data certification, the Contractor shall be paid in monthly
installments for delivery of the data. The monthly amount to be invoiced is
$725,333. The payment made for this invoiced amount will be reduced by the
amounts previously paid as milestone payments, and will he liquidated as
provided in
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NAS5-31350
SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS
B.4 PAYMENT SCHEDULE (Cont'd)
paragraph d. of Xxxxxx X.7. These monthly payments will be made as long as the
Contractor is providing data in compliance with the terms and conditions of the
contract, the SOW, and the Specifications.
*Launch Success includes the spacecraft being placed in a proper orbit with a
signal received from the instrument.
(End of text)
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NAS5-31350
SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
C.1 REPORTS OF WORK
The contractor shall submit separate monthly progress reports of all work
accomplished during each month of contract performance. Progress reports shall
address design, development, construction and operation of the instrument,
spacecraft and launch vehicle within parameters established by this contract.
Reports shall be in narrative form and brief and informal in content. They
shall include a quantitative description of overall progress, an indication of
any current problems which may impede performance and proposed corrective
action, a discussion of the work to be performed during the next monthly
reporting period, and inventory reports of materials, hardware, and software
associated with the development of the instrument, spacecraft, and launch
vehicle.
Monthly progress reports during the pre-launch phase shall include information
acquired during sensor test and calibration, spacecraft integration and
testing, and mission planning. This information is required to characterize
instrument performance, process orbital data, calibrate orbital data, assess
the accuracy of orbital data, and to prepare the NASA science data processing
system. All information describing spacecraft and instrument conditions taken
prior to launch which are relevant to processing the data and assessing its
radiometric accuracy and earth location should be included in the monthly
progress.
Monthly progress reports during the in-flight phase shall include spacecraft
and instrument operations and housekeeping data for navigation, processing, and
assessing the accuracy of the radiometric data; and the scientific radiometric
data which constitutes the primary scientific output of the mission. Included
in radiometric data are normal Earth surface viewing, and viewing of the
calibration targets (dark space, onboard source or solar diffuser, lunar
surface).
The monthly progress reports shall be submitted by the 15th day of the month
following the month being reported. If the contract is awarded beyond the
middle of a month, the first monthly report shall cover the period from award
until the end of the following month.
The Contractor shall submit the monthly reports specified above to the
following:
Technical Officer, Code 970.2 5 copies
Contracting Officer, Code 289 1 copy
(End of text)
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SECTION E INSPECTION AND ACCEPTANCE
E.1 ACCEPTANCE--SINGLE LOCATION (GSFC 52.246-92) (SEPT 1989)
The Contracting Officer or authorized representative will accomplish acceptance
at Xxxxxxx Space Flight Center. For the purpose of this clause, the Contracting
Officer's Technical Representative named in this contract is the authorized
representative. The Contracting Officer reserves the right to unilaterally
designate a different Government agent as the authorized representative. The
Contractor will be notified by a written notice or by a copy of the delegation
of authority if different representative is designated.
The progress payments payable pursuant to the Clause I.7, Progress Payment, of
this contract are contract financing payments for purposes of the "Prompt
Payment" clause of this contract.
The monthly payments payable pursuant to Clause B.4, Payment Schedule, after
initial data certification, for data delivered each month, are invoice payments
for purposes of the "Prompt Payment" clause of this contract. For the sole
purpose of computing an interest penalty that might be due to the Contractor
under the Prompt Payment clause, Government acceptance of this data shall be
deemed to have occurred on the 7th day after the Contractor delivered the data
in accordance with the terms and conditions of this contract.
(End of clause)
E.2 INSPECTION SYSTEM RECORDS (GSFC 52.246-102) (OCT 1988)
The Contractor shall maintain records evidencing inspections in accordance with
the Inspection clause of this contract for two years after delivery of all
items and/or completion of all services called for by the contract.
(End of clause)
E.3 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (DEVIATION)
(a) Definitions. "Services," as used in this contract, includes
services performed, workmanship, and material furnished or utilized in the
performance of services. Services include all deliverable requirements in
Clause B.2.
(b) The Contractor shall provide and maintain an inspection system
acceptable to the Government covering the services 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.
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SECTION E INSPECTION AND ACCEPTANCE
E.3 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (Cont'd)
(c) The Government has the right to inspect and test all services
called for by the contract, to the extent practicable at all times and places
during the term of the contract. The Government shall perform inspections and
tests in a manner that will not unduly delay the work (See Clause H.9,
Government Approval and Insight)
(d) If any of the services do not conform with the contract
requirements, the Government may proceed in accordance with Clause 1.9
"Default" or use the other remedies as provided for by this contract.
(End of clause)
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SECTION F DELIVERIES OR PERFORMANCE
F.1 DELIVERY SCHEDULE
Item Description Quantity Schedule
---- ----------- -------- --------
1 Five years of On-Board Recorded Data 2 gigabits per To begin no later than 33 months after effective date of
day contract and continue thereafter in accordance with SOW
2 Five years of Real-time Downlinked continuous
Data To begin no later than 33 months after effective date of
contract and continue thereafter in accordance with SOW
3 Calibration Data 1 Copy 7 working days prior to Pre-Ship Review
4 Cryptographic Data 1 per Station Within 30 days after NASA designation of site(s)
5 Command List and Description
Documentation
a. Draft 5 Copies 7 working days prior to CDR
b. Xxxxx 0 Copies 60 days prior to instrument calibration
6 Calibration Plan
a. Draft 5 Copies 7 working days prior to CDR
b. Xxxxx 0 Copies 60 days prior to instrument calibration
7 Source Code/ 1 Copy 7 working days prior to instrument calibration
Documentation for
Instrument Ground Software
8 Reports of Work 6 Copies In accordance with Clause C.1
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NAS5-31350
SECTION F DELIVERIES OR PERFORMANCE
F.1 DELIVERY SCHEDULE (Cont'd)
Item Description Quantity Schedule
---- ----------- -------- --------
9 Subcontract 1 Copy As Required
Notification
10 Final Performance 5 Copies 7 working days
Assurance Plan prior to PDR
(End of text)
F.2 F.O.B. DESTINATION
The term "F.O.B Destination", as used in this clause means -- Free of expense
to the Government, on-board carrier's conveyance, at specified delivery point.
All items identified for delivery in Clause B.2 shall be delivered to the
Government within the fixed price of this contract. Items 1, 2, and 4 are to be
delivered as specified in Clause H.2. Item 3, and Items 5 through 12 are to be
delivered to the Contracting Officer. All other items shall be delivered to
GSFC or as otherwise specified by the Contracting Officer.
(End of text)
F.3 PERIOD OF PERFORMANCE The period of performance for this effort is
from the effective date of this contract until five (5) years after the data is
declared by NASA to have met the specifications (Attachment B of this contract)
in accordance with Clause H.5.
(End of text)
F.4 52.212--15 GOVERNMENT DELAY OF WORK (APR 1984)
(a) If the performance of all or any part of the work of this contract
is delayed or interrupted (1) by an act of the Contracting Officer in the
administration of this contract that is not expressly or impliedly authorized
by this contract, or (2) by a failure of the Contracting Officer to act within
the time specified in this contract, or within a reasonable time if not
specified, an adjustment (excluding profit) shall be made for any increase in
the cost of performance of this contract caused by the delay or
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SECTION F DELIVERIES OR PERFORMANCE
F.4 52.212-15 GOVERNMENT DELAY OF WORK (Cont'd)
interruption and the contract shall be modified in writing accordingly.
Adjustment shall also be made in the delivery or performance dates and any
other contractual term or condition affected by the delay or interruption.
However, no adjustment shall be made under this clause for any delay or
interruption to the extent that performance would have been delayed or
interrupted by any other cause, including the fault or negligence of the
Contractor, or for which an adjustment is provided or excluded under any other
term or condition of this contract.
(b) A claim under this clause shall not be allowed (1) for any
costs incurred more than 20 days before the Contractor shall have notified the
Contracting Officer in writing of the act or failure to act involved, and (2)
unless the claim, in an amount stated, is asserted in writing as soon as
practicable after the termination of the delay or interruption, but not later
than the day of final payment under the contract.
(End of clause)
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SECTION G CONTRACT ADMINISTRATION DATA
G.1 ACCOUNTING AND APPROPRIATION DATA (GSFC 52.204-91) (OCT 1988)
The accounting and appropriation data are as follows:
B/NC: 254
PCN XXX APP BLI OC AMT
--- --- --- --- -- ---
970-47894A(1C) 970-438-01-00-01 801/20108(91) A701 97-2511 $9,000,000
971-59445A(1C) 971-161-10-07-01 800/10108(90) A701 97-2511 $ -0-
971-59445B(1C) 971-161-90-20-01 800/10108(90) A701 97-2511 $ -0-
971-59445C(1C) 971-692-90-20-01 800/10108(90) A701 97-2511 $ -0-
971-59445D(1C) 971-693-90-20-01 800/10108(90) A701 97-2511 $ -0-
PPC: BY
(End of clause)
G.2 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (GSFC 52.242-90) (OCT
1988)
The Contracting Officer's Technical Representative (COTR) for the purposes of
monitoring and coordinating the technical requirements of this contract is Xx.
Xxxxxx X. Xxxx, Code 970.2.
Specific duties and responsibilities of the COTR are those delegated in the
Contracting Officer's Technical Representative Delegation Letter (NASA Form
1634) for this contract.
(End of clause)
G.3 DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE AND PATENT REPRESENTATIVE
(18-52.227-72) (APRIL 1984)
(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 designed
by the Contracting Officer to administer such clause:
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SECTION G CONTRACT ADMINISTRATION DATA
G.3 DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE AND PATENT REPRESENTATIVE
(18-52.227-72) (Cont'd)
Office Address (including
Title Code zip code)
----- ------ ------------------
New Technology 702.1 Technology Utilization Officer
Representative Xxxxxxx Space Flight Center
Greenbelt, MD 20771
Patent 204 Office of Patent Counsel
Representative Xxxxxxx Space Flight Center
Greenbelt, MD 20771
(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. Inquiries 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 18-27.375-3 of
the NASA FAR Supplement.
(End of clause)
G.4 INVOICES - SUBMISSION OF (GSFC 52.232--95) (OCT 1988)
Invoices shall be prepared in accordance with the Prompt Payment clause of this
contract and submitted to the Financial Management Division, Accounts Payable
Section, Code 212.1, NASA/Xxxxxxx Space Flight Center, Greenbelt, MD 20771. For
purposes of the Prompt Payment Act, the above office is considered to be the
"Designated Billing Office" and the "Designated Payment Office".
(End of clause)
G.5 ELECTRONIC FUNDS TRANSFER PAYMENT METHODS (52.232-28) (APR 1989) as
modified by NASA FAR Supplement 18-32.908
Payments under this contract will be made by the Government either by
check or electronic funds transfer (through the Treasury Fedline Payment System
(FEDLINE) or the Automated Clearing House (ACH)), at the option of the
Government. After award, but no later
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SECTION G CONTRACT ADMINISTRATION DATA
G.5 ELECTRONIC FUNDS TRANSFER PAYMENT METHODS (52.232-28) (Cont'd)
than 14 days before an invoice or contract financing request is submitted, the
Contractor shall designate a financial institution for receipt of electronic
funds transfer payments, and shall submit this designation to the Contracting
Officer or other Government official, as directed.
(a) For payment through FEDLINE, the Contractor shall
provide the following information:
(1) Name, address, and telegraphic abbreviation
of the financial institution receiving payment.
(2) The American Bankers Association nine-digit
identifying number for wire transfers of the financing institution receiving
payment if the institution has access to the Federal Reserve Communications
System.
(3) Xxxxx's account number at the financial
institution where funds are to be transferred.
(4) If the financial institution does not have
access to the Federal Reserve Communications System, name, address, and
telegraphic abbreviation of the correspondent financial institution through
which the financial institution receiving payment obtains wire transfer
activity. Provide the telegraphic abbreviation and American Bankers Association
identifying number for the correspondent institution.
(b) For payment through ACH, the Contractor shall provide
the following information;
(1) Routing transit number of the financial
institution receiving payment (same as American Bankers Association identifying
number used for FEDLINE)
(2) Number of account to which funds are to be to
be deposited.
(3) Type of depositor account ("C" for checking,
"S" for savings).
(4) The Contractor shall submit a Standard Form
3881 to the installation awarding this contract. If a Standard Form 3881
previously submitted to the installation awarding this contract is still valid,
resubmittal is not necessary, unless requested by NASA.
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SECTION G CONTRACT ADMINISTRATION DATA
G.5 ELECTRONIC FUNDS TRANSFER PAYMENT METHODS (52.232-28) (Cont'd)
(c) In the event the Contractor, during the performance of
this contract, elects to designate a different financial institution for the
receipt of any payment made using electronic funds transfer procedures,
notification of such change and the required information specified above must
be received by the appropriate Government official 30 days prior to the date
such change is to become effective.
(d) The documents furnishing the information required in
this clause must be dated and contain the signature, title, and telephone
number of the Contractor official authorized to provide it, as well as the
Contractor's name.
(e) Contractor failure to properly designate a financial
institution or to provide appropriate payee bank account information may delay
payments of amounts otherwise properly due.
(End of clause)
G.6 APPROVAL OF CONTRACT (52.204-1) (DEC 1989)
This contract is subject to the written approval of Xxxxxxx Space Flight
Center's Associate Director for Acquisition, and shall not be binding until so
approved.
(End of clause)
G.7 USE OF GOVERNMENT PRODUCTION AND RESEARCH PROPERTY ON A NO-CHARGE
BASIS
In performing this contract, the Contractor is authorized to use on a
no-charge, noninterference basis the Government-owned production and research
property provided to the Contractor under the contract(s) specified below and
identified in the cognizant Contracting Officer's letter approving use of the
property. Use is authorized on the basis that it will not interfere with
performance of the Government contract(s) under which the property was
originally furnished. Use shall be in accordance with the terms and conditions
of these contracts and the cognizant Contracting Officer's approval letter.
Contract No(s):
(End of text)
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SECTION H SPECIAL CONTRACT REQUIREMENTS
H.1 TERMINATION LIABILITY
NASA will not provide termination liability beyond the funding amount provided
for in Clause I.11, "Limitation of Funds (Fixed Price Contract)
(18-52.232--77)".
(End of text)
H.2 GROUND RECEIVING STATIONS
The Government will operate a ground receiving station at GSFC for the Ocean
Color direct broadcast and recorded data as specified in the SOW. In addition,
the Government may also operate directly or through its grantees/contractors
ground receiving stations to receive direct broadcast data.
The Contractor shall furnish, at no increase in the firm fixed price of this
contract, cryptographic information necessary for processing the data as
follows:
To GSFC and 12 other NASA designated research receiving stations, such
cryptographic information must be furnished FOB the station at least
30 days prior to its effective period to allow processing the Ocean
Color data in near real-time. NASA may from time to time redesignate
these real-time stations.
To the remainder of NASA designated receiving stations, such
cryptographic information must be mailed to these stations no later
than 30 days after the information first becomes effective.
The Contractor shall provide said cryptographic information to
Government designated station, by the Government specified date,
provided the Contractor has been given at least 30 days advance
notification.
(End of text)
H.3 HANDLING OF SATELLITE IMAGE AND TELEMETRY INFORMATION
The parties to this contract recognize that NASA is purchasing the Ocean Color
Data Sets from a commercial remote sensing business being established by OSC.
NASA is purchasing the data in this way to meet NASA's data requirements for
scientific and research
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SECTION H SPECIAL CONTRACT REQUIREMENTS
H.3 HANDLING OF SATELLITE IMAGE AND TELEMETRY INFORMATION (Cont'd)
applications, and to achieve schedule and cost advantages by adopting a
commercial approach rather than a traditional hardware procurement approach.
This arrangement requires special contractual provisions and protections to
control distribution and use of the Ocean Color Data so that NASA will acquire
data for its research objectives without adversely impacting the commercial and
operational markets for OSC.
NASA will own the data it purchases and will have the right to use it for all
research purposes. OSC will have exclusive rights to use and sell the data for
commercial and operational purposes. These use restrictions will be applied to
all Government users, support contractors, grantees and research users.
All image and telemetry information from the Ocean Color Data instrument
received at a NASA authorized ground data processing and archiving facility, in
any amount and on any media, and any information processed, reconstructed,
enhanced or reproduced, by NASA and/or its support contractors, grantees and/or
research users is the property of NASA with the limited right(s) to use same as
hereinafter set forth. These data may be used, reproduced and disclosed by
NASA, its support contractors, grantees and/or research users with the express
limitation that they will not, without written permission of OSC, be used,
reproduced or disclosed by NASA, its support contractors, grantees and/or
research users for commercial or operational purposes.
NASA, its support contractors, grantees and/or research users (as later
defined), are authorized to use and publish that data as well as any data
derived therefrom with the express limitation that they will not, without the
written permission of OSC, use, reproduce, or disclose the data for commercial
or operational purposes. Any such support contractor, grantee or research user
who is provided Ocean Color data directly or indirectly by NASA shall first be
required to execute an appropriate confidentiality agreement to protect against
any unauthorized use or disclosure of the data. OSC shall be considered a third
party beneficiary of this agreement, and shall have any and all right to the
extent available under applicable laws, rules and regulations to enforce the
agreement directly against the support contractor, grantee or research user.
NASA shall have no responsibility, either directly or indirectly, to enforce
the agreement. Upon notification to NASA, OSC shall suspend and, if necessary,
cancel the right to receive data of support contractors, grantees, and/or
research users who are engaged in unauthorized use or otherwise violate their
confidentiality agreements.
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SECTION H SPECIAL CONTRACT REQUIREMENTS
H.3 HANDLING OF SATELLITE IMAGE AND TELEMETRY INFORMATION (Cont'd)
NASA, its support contractors, grantees, and/or research users shall not be
restricted in the use and disclosure of any data that is or becomes generally
available in a public domain.
OSC shall have the sole and exclusive right to market, use and disclose
worldwide all data for commercial and operational purposes, subject to the
right of NASA, its support contractors, grantees and/or research users to the
use of such data as provided herein.
NASA, its support contractors, grantees, and/or its research users shall not
release Ocean Color data or any data or analysis developed or derived therefrom
outside the receiving or processing institution for a period of 14 days after
the data are observed except as provided for under Data Use Definitions below.
NASA may place all data collected under this contract by NASA, its support
contractors, grantees and/or its research users into the public domain
beginning five years after the data are collected.
Notwithstanding this provision, nothing shall prevent the results of any
research undertaken with these Ocean Color Data Sets from publication anytime.
Data Use Definitions
Research: Use as authorized by NASA by those who:
(a) submit a brief letter proposal outlining the research and associated
data needs;
(b) agree to provide NASA and OSC, if requested, for open use, a copy of
all products derived from data and algorithms directly used to process
the data; and
(c) submit the results of their investigations for publication in the open
literature.
Commercial: Use involving the sale or resale of data as well as data
derived therefrom for more than the cost of reproduction.
Operational: Real-time or close to real-time use of the data as well as
data derived therefrom during the 14-day embargo period
provided above, other than research use expressly authorized
by NASA in the users research grant or for positioning of
research ships during field experiments.
(End of text)
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SECTION H SPECIAL CONTRACT REQUIREMENTS
H.4 REDUCED CAPABILITY
In the event that any Contractor provided system failure or reduced spacecraft
resources preclude the spacecraft from supporting the complete mission
objectives of all the instruments carried thereon, the Contractor shall not
reduce the operation of the Ocean Color instrument.
(End of text)
H.5 DATA ACCEPTANCE CRITERIA AND PROCEDURES
a. The Contractor shall declare the Ocean Color Data instrument
operational within 30 days after launch or on or before October 1, 1993,
whichever first occurs. Within 90 days of the time the Contractor declares the
instrument to be operational, the Government will make an appropriate
inspection in order to determine whether or not the Ocean Color data may be
accepted, i.e., whether or not the data meets the requirements of the Statement
of Work and Specifications. Within the 90 days, if the Contracting Officer
determines that the data, as furnished, are in compliance with the Statement of
Work and Specifications and the Contractor has met the other requirements of
this contract, the Contracting Officer will accept the services and payments
may continue to be made in accordance with Clause B.4, Payment Schedule.
b. The Contracting Officer has the right to periodically inspect the
data and contract compliance during the course of contract performance.
c. If the Contractor is not in compliance with the provisions of the
contract, the Government may exercise its authority under Clause I.9, Default.
However, if in the sole discretion of the Contracting Officer, the Government
determines that some data valuable to the Government may be obtained if the
contract performance is continued, the Government and Contractor agree that
they will seek to modify the contract and agree to an equitable downward
adjustment in the fixed price. If the parties are unable to agree on such a
contract modification, the Government may enforce its rights under I.9 referred
to above.
(End of text)
H.6 METHOD OF CONTRACT PERFORMANCE (GSFC 52.210-94) (OCT 1988)
The Contractor agrees to achieve the contract Specifications and other
performance goals in accordance with the method of performance set forth in its
final technical proposal titled "SeaStar Ocean
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SECTION H SPECIAL CONTRACT REQUIREMENTS
H.6 METHOD OF CONTRACT PERFORMANCE (GSFC 52.210-94) (Cont'd)
Color Data System Description", dated March 22, 1991. Upon submission and
approval of the Final Performance Assurance Plan, and Final Calibration Plan,
these documents will also be incorporated by attachment as part of the method
of performance. Any Contractor changes to the approved Final Performance
Assurance Plan and Final Calibration Plan requires the approval of the
Contracting Officer.
If, however, during the performance of this contract, the Contractor determines
in writing it is necessary to substantially depart from the method of work
performance in order to accomplish the contract specifications and other
performance goals, the Contractor shall, within 10 days from day of occurrence
of such determination, so notify the Contracting Officer in writing including a
brief resume reflecting the rationale which has led to the belief that such
departure is necessary and a description of the alternate approach to be
pursued. Design changes or hardware implementation changes which do not effect
the capabilities of the system necessary to meet the required performance
specifications of the Ocean Color Data Mission can be made without notification
to the Contracting Officer. In the event the Contractor cannot determine an
alternate approach within a 10 day period, the Contractor shall advise the
Contracting Officer immediately and state when it anticipates that a
description of an alternate approach will be provided.
Except as may otherwise be specifically approved or directed in writing by the
Contracting Officer, any change in method of performance shall not relieve the
Contractor from any responsibility for complying with the contract SOW and
specifications, delivery schedule, or other provisions of this contract.
Nothing in this clause shall alter the rights and obligations of the parties
elsewhere stated in this contract.
(End of clause)
H.7 PERMITS AND LICENSES
The Contractor shall obtain, and keep effective, all permits, licenses, and
clearances that may be required for performance in accordance with the terms of
this contract. Such permits, licenses, and clearances shall include, but not be
limited to, those required by the Federal, State, or Local Government
authorities, or subdivision thereof, or of any other duly constituted public
authority such as, the Department of Transportation (DOT) for launch licenses
and the Federal Communication Commission (FCC) for frequency approvals.
Further, the Contractor shall comply with all applicable
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SECTION H SPECIAL CONTRACT REQUIREMENTS
H.7 PERMITS AND LICENSES (Cont'd)
laws, regulations and ordinances as in effect on the date of this contract. All
costs and fees associated with obtaining licenses, permits and clearances are
included in the fixed price of this contract.
(End of text)
H.8 INSURANCE
The Contractor is not required to obtain insurance for loss of the Ocean Color
Instrument, the spacecraft or the launch vehicle. However, if, in order to
protect against the loss or failure of the Ocean Color Instrument, the
spacecraft or launch services, the contractor
(i) purchases insurance or
(ii) requires a subcontractor to purchase insurance or replace the
Ocean Color Instrument, spacecraft or launch vehicle and/or launch services, at
a reduced price or at no additional cost to the Contractor,
then the Contractor shall repay to NASA all progress payments
paid to the Contractor equal to the full amount of insurance proceeds recovered
or equal to the reduced price or cost of the replaced instrument, spacecraft or
launch vehicle, but only to the extent that amount exceeds the Contractor's
unrecovered cost of the lost or failed instrument, spacecraft or launch vehicle
and/or launch services.
(End of text)
H.9 GOVERNMENT APPROVAL AND INSIGHT
In order for NASA to perform its role in the purchase of highly reliable data
and assure that all reasonable steps have been taken to ensure the highest
practical probability of mission success, NASA must be provided an adequate
level of insight into and/or approval of certain Contractor tasks and
milestones.
Government approval is defined as providing authority to proceed and/or formal
acceptance. Where Government approval is required, the Contractor shall submit
the necessary documentation to the NASA/GSFC Contracting Officer and copies to
the COTR specified in Clause G.2.
Performance of insight by the Government includes the attending of meetings,
reviews, and tests, and obtaining for review, certain
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SECTION H SPECIAL CONTRACT REQUIREMENTS
H.9 GOVERNMENT APPROVAL AND INSIGHT (Cont'd)
documents from the prime and its subcontractor(s). The Government will provide
inputs and comments on these items, but will not have the right of approval.
Where Government insight is required, the Contractor shall notify the
Contracting Officer, the COTR or the appropriate NASA operations organization
at the launch site, of meetings, reviews, or tests, in sufficient time to
permit Government participation.
In the case of the Government approval or insight, the Contractor shall
acknowledge and be responsive to the inquires, requests, and recommendations of
the NASA reviewers within the scope of contract requirements but need not take
action or implement changes which may impact the scope of the contract unless
written contractual direction is received.
These individuals providing Government insight do not have the authority to,
and shall not, offer any insight that--
(1) Constitutes an assignment of additional work outside the
statement of work;
(2) Constitutes a change as defined in the changes clause;
(3) In any manner causes an increase or decrease of the total
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.
Any action(s) taken by the Contractor in response to any Government insight
shall be at the Contractor's risk.
Specific areas where the Government requires insight and/or right of approval
are outlined below:
Government approval is required for the following:
1. Additional instruments or missions to spacecraft (OSC shall
have the right to add additional instruments or missions to
the spacecraft unless it is reasonably determined by NASA that
such an addition would adversely effect the performance or
overall success of the Ocean Color Data Mission)
2. Final Calibration Plan
3. Final Performance Assurance Plan
Any Contractor changes to items 2 and 3 require the approval of the Contracting
Officer.
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SECTION H SPECIAL CONTRACT REQUIREMENTS
H.9 GOVERNMENT APPROVAL AND INSIGHT (Cont'd)
Government insight is required for the following:
1. Project Reviews (including but not limited to Preliminary
Design, Critical Design, Pre-ship, Pre-launch)
2. Calibration Activities
3. Test Activities
4. Launch Site Safety Review
(End of text)
H.10 SUBMISSION OF REQUESTS FOR PROGRESS PAYMENTS (18-52.232-82) (MAR 1989)
The Contractor shall request progress payments in accordance with the Progress
Payments clause by submitting to the Contracting Officer an original and two
copies of Standard Form (SF) 1443, Contractor's Request for Progress Payment,
and the contractor's invoice (if applicable) . The Contracting Officer's office
(or Administrative Contracting Officer's Office, if approval of progress
payments is delegated) is the designated billing office for progress payments
for purposes of the Prompt Payment clause.
(End of clause)
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SECTION I CONTRACT CLAUSES
I.1 CLAUSES INCORPORATED BY REFERENCE (52.252-2) (JUN 1988)
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.
CLAUSE NO. TITLE
---------- -----
52.202-1 DEFINITIONS (APR 1984)
52.203-1 OFFICIALS NOT TO BENEFIT (APR 1984)
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 (JUL 1985)
52.203-7 ANTI-KICKBACK PROCEDURES (OCT 1988)
52.203-10 REMEDIES FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 1989)
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JAN 1990)
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED,
SUSPENDED, OR PROPOSED FOR DEBARMENT (MAY 1989)
52.212-8 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (MAY 1986)
52.215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL (APR 1984)
52.215-2 AUDIT--NEGOTIATION (DEC 1989)
52.215-30 FACILITIES CAPITAL COST OF MONEY (SEP 1987)
52.215-32 CERTIFICATION OF COMMERCIAL PRICING (JUN 1985)
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS (FEB 1990)
52.219-9 SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING PLAN (FEB 1990)
52.219-13 UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES (AUG 1986)
52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS (APR 1984)
52.222-3 CONVICT LABOR (APR 1984)
52.222-20 XXXXX-XXXXXX PUBLIC CONTRACTS ACT (APR 1984)
52.222-26 EQUAL OPPORTUNITY (APR 1984)
52.222-28 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTS (APR 1984)
52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (APR 1984)
52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984)
52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (JAN 1988)
52.223-2 CLEAN AIR AND WATER (APR 1984)
52.223-6 DRUG FREE WORK PLACE (JUL 1990)
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SECTION I CONTRACT CLAUSES
I.1 CLAUSES INCORPORATED BY REFERENCE (52.252-2) (Cont'd)
CLAUSE NO. TITLE
---------- -----
52.225-13 RESTRICTIONS ON CONTRACTING WITH SANCTIONED PERSONS (MAY 1989)
52.227-1 AUTHORIZATION AND CONSENT (APR 1984)
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPY-RIGHT INFRINGEMENT
(APR 1984)
52.227-11 PATENT RIGHTS--RETENTION BY CONTRACTOR (SHORT FORM) (JUN 1989) as modified by
NASA FAR Supplement 18-52.227-11
52.227-14 RIGHTS IN DATA-GENERAL (JUN 1987) as modified by NASA FAR Supplement 18-27.409(e)
52.229-3 FEDERAL, STATE, AND LOCAL TAXES (JAN 1991)
52.229-5 TAXES--CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO (APR 1984)
52.232-1 PAYMENTS (APR 1984)
52.232-8 DISCOUNTS FOR PROMPT PAYMENT (APR 1989)
52.232-17 INTEREST (JAN 1991)
52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)
52.232-25 PROMPT PAYMENT (APR 1989) (b) (2), second sentence, shall have a 30 day period for
any financing payments.
52.233-1 DISPUTES (APR 1984)--ALTERNATE I (APR 1984)
52.233-3 PROTEST AFTER AWARD (AUG 1989)
52.243-1 CHANGES--FIXED PRICE (AUG 1987)
52.244-1 SUBCONTRACTS (FIXED PRICE CONTRACTS) (JAN 1986)
52.244-5 COMPETITION IN SUBCONTRACTING (APR 1984)
18-52.208-81 PRINTING AND DUPLICATING (DEC 1988)
18-52.223-71 FREQUENCY AUTHORIZATION (DEC 1988)
18-52.252-70 COMPLIANCE WITH NASA FAR SUPPLEMENT (MAR 1989)
I.2 52.215-33 ORDER OF PRECEDENCE (JAN 1986) (DEVIATION)
Any inconsistency in this solicitation or contract shall be resolved by giving
precedence in the following order: (a) the Schedule (excluding the
specifications) ; (b) representations and certifications; (c) the Statement of
Work and Specifications; and (d) other documents including Contractor's
technical proposal, Contractor's Final Performance Assurance Plan and
Contractor's Final Calibration Plan.
(End of clause)
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SECTION I CONTRACT CLAUSES
I.3 52.220-1 PREFERENCE FOR LABOR SURPLUS AREA CONCERNS (APR 1984)
(a) This acquisition is not a set aside for labor surplus area
(LSA) concerns. However, the offeror's status as such a concern may affect (1)
entitlement to award in case of tie offers or (2) offer evaluation in
accordance with the Buy American Act clause of this solicitation. In order to
determine whether the offeror is entitled to a preference under (1) or (2)
above, the offeror must identify, below, the LSA in which the costs to be
incurred on account of manufacturing or production (by the offeror or the
first-tier subcontractors) amount to more than 50 percent of the contract
Price.
NONE
(b) Failure to identify the locations as specified above will
preclude consideration of the offeror as an LSA concern. If the offeror is
awarded a contract as an LSA concern and would not have otherwise qualified for
award, the offeror shall perform the contract or cause the contract to be
Performed in accordance with the obligations of an LSA concern.
(End of clause)
I.4 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME
COMPENSATION (MAR 1986)
(a) OVERTIME REQUIREMENTS. No Contractor or subcontractor contracting for any
part of the contract work which may require or involve the employment of
laborers or mechanics (see Federal Acquisition Regulation (FAR) 22.300) shall
require or permit any such laborers or mechanics in any workweek in which the
individual is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not
less than one and one-half times the basic rate of pay for all hours worked in
excess of forty hours in such workweek.
(b) VIOLATION; LIABILITY FOR UNPAID WAGES; LIQUIDATED DAMAGES. In the event of
any violation of the provisions set forth in paragraph (a) of this clause, the
Contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such Contractor and subcontractor shall be liable to
the United States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic employed in violation of the provisions set
forth in paragraph (a) of this clause in the
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SECTION I CONTRACT CLAUSES
I.4 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME
COMPENSATION (Cont'd)
sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by provisions set forth in paragraph (a)
of this clause.
(c) WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. The Contracting
Officer shall upon his or her own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be
withheld, from any moneys payable on account of work performed by the
Contractor or subcontractor under any such contract or any other Federal
contract with the same Prime Contractor, or any other Federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act which is
held by the same Prime Contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such Contractor or subcontractor for
unpaid wages and liquidated damages as provided in the provisions set forth in
paragraph (b) of this clause.
(d) PAYROLLS AND BASIC RECORDS.
(1) The Contractor or subcontractor shall maintain payrolls and basic
payroll records during the course of contract work and shall preserve them for
a period of three years from the completion of the contract for all laborers
and mechanics working on the contract. Such records shall contain the name and
address of each such employee, social security number, correct classification,
hourly rates of wages paid, daily and weekly number of hours worked, deductions
made, and actual wages paid. Nothing in this paragraph shall require the
duplication of records required to be maintained for construction work by
Department of Labor regulations at 29 CFR 5.5(a) (3) implementing the
Xxxxx-Xxxxx Act.
(2) The records to be maintained under paragraph (d) (1) of this
clause shall be made available by the Contractor or subcontractor for
inspection, copying or transcription by authorized representatives of the
Contracting Officer or the Department of Labor. The Contractor or subcontractor
shall permit such representatives to interview employees during working hours
on the job.
(e) SUBCONTRACTS. The Contractor or subcontractor shall insert in any
subcontracts the provisions set forth in paragraphs (a) through (e) of this
clause and also a clause requiring the subcontractors to include these
provisions in any lower tier subcontracts. The Prime Contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor
with the provisions set forth in paragraphs (a) through (e) of this clause.
(End of clause)
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I.5 52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984)
If more than one clause or Schedule term of this contract authorizes
the temporary withholding of amounts otherwise payable to the Contractor for
supplies delivered or services performed, the total of the amounts withheld at
any one time shall not exceed the greatest amount that may be withheld under
any one clause or Schedule term at that time; provided, that this limitation
shall not apply to--
(a) Withholdings pursuant to any clause relating to wages or hours
of employees;
(b) Withholdings not specifically provided for by this contract;
(c) The recovery of overpayments; and
(d) Any other withholding for which the Contracting Officer
determines that this limitation is inappropriate.
(End of clause)
I.6 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 NASA FAR
Supplement Regulation (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.7 52.232-16 PROGRESS PAYMENTS (AUG 1987) (DEVIATION)
Milestones
a. Progress payments, for the deliverable requirements described in
Clause B.2, shall be made to the Contractor in accordance with the following
schedule:
Approx. Amount Accum. Contract
Milestone Date $(M) $(M) FY Month
--------- ------ ------ ----- -- --------
Evidence of Binding
Financial Commitment 1 Apr 91 $9.0 $ 9.0 91 1
Preliminary Design
Review 1 Dec 91 $6.0 $15.0 92 9
Award Rocket Motors 1 Dec 91 $6.0 $21.0 92 9
Critical Design Review 1 Mar 92 $1.0 $22.0 92 12
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SECTION I CONTRACT CLAUSES
I.7 52.232-16 PROGRESS PAYMENTS (AUG 1987) (Cont'd)
Approx. Amount Accum. Contract
Milestone Date $(M) $(M) FY Month
--------- ------- ------ ------ -- --------
Complete Spacecraft ETV Integration and Test 1 Nov 92 $5.0 $27.0 93 20
Complete Spacecraft Integration 1 Jan 93 $6.0 $33.0 93 22
Complete Spacecraft System Testing 1 Apr 93 $0.57 $33.57 93 25
Pre-Ship Review 1 Jul 93 $3.0 $36.57 93 28
Release of Spacecraft from Carrier Aircraft 1 Aug 93 $0.5 $37.07 93 29
*Launch Success 1 Aug 93 $0.5 $37.57 93 29
Initial Data Certification 1 Dec 93 $3.0 $40.57 94 33
*Launch Success includes the spacecraft being placed in a orbit with a signal
received from the instrument.
Small Business Subcontracts
b. To facilitate small business participation in subcontracting
under this contract, the Contractor agrees to provide progress payments to
small business concerns, in conformity with the standards for customary
progress payments, stated in Subpart 32.5 of the Federal Acquisition
Regulation. The Contractor further agrees that the need for such progress
payments shall not be considered as a weakness or adverse factor in the award
of subcontracts.
Conditions
c. The following are conditions to the payment of each progress
payment. No progress payment shall be made until:
1. The Contractor provides evidence of, and the
Contracting Officer determines that, the Contractor has obtained binding
financial commitments or otherwise has the financial capability that will
enable the contractor to perform its obligations under this contract;
2. The Contractor is in compliance with all terms and
conditions of the contract;
3. The Contracting Officer determines that both the
milestone has been achieved and the corresponding date for payment has
occurred; and
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SECTION I CONTRACT CLAUSES
I.7 52.232-16 PROGRESS PAYMENTS (AUG 1987) (Cont'd)
4. The Contracting Officer has the latitude to make
payments ahead of schedule if the milestone has been accomplished and funding
is available.
Liquidation
d. Beginning with the first month after the initial calibrated
data has been accepted by the Government, all progress payments shall be
liquidated in the following manner:
Monthly
Invoiced Amount $725,333
Less Liquidated Amount -675,333
--------
Amount Paid by Government $ 50,000
In the event of a launch failure or termination for convenience, all paid
progress payments will be deemed liquidated.
Should the data services effort be discontinued for any reason and if the
Government has not invoked its right under the default provision all progress
payments will be deemed liquidated.
Reduction or suspension
e. The Contracting Officer may reduce or suspend progress
payments, increase or decrease the rate of liquidation, or take a combination
of these actions, after finding any of the following conditions:
(1) The Contractor failed to comply with any material
requirement of this contract.
(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 the costs
of performing this contract in the ordinary course of business.
Security
f. Adequate security for payments made under this contract shall
be required. Accordingly, the Contractor shall establish and record in all
appropriate jurisdictions a creditor's lien on behalf of the Government, i.e.,
a first lien paramount to all other liens,
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SECTION I CONTRACT CLAUSES
I.7 52.232-16 PROGRESS PAYMENTS (AUG 1987) (Cont'd)
on all work in process sufficient to compensate the Government for all monies
paid by the Government pursuant to this clause. The Contractor shall require
its subcontractors to provide adequate security to the Government for any
similar progress payments to subcontractors.
Title
g. Title to the Ocean Color Instrument, Spacecraft, launch
vehicle or ground control facilities and equipment shall not vest in the
Government except as may be provided for in the Termination for Convenience of
the Government clause and Default clause of this contract or except as may be
required in the enforcement of the lien specified in paragraph f of this
clause.
Control of Costs
h. The Contractor shall maintain an accounting system and
controls adequate for the proper administration of this clause. The Contractor
shall maintain records of all costs incurred under this contract.
Reports and access to records
i. The Contractor shall promptly furnish reports, certificates,
financial statements, and other pertinent information reasonably requested by
the Contracting Officer. Also, the Contractor shall give the Government
reasonable opportunity to examine and verify the Contractor's books, records,
and accounts.
Reservations of rights
j. No payment 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.
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.
(End of clause)
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SECTION I CONTRACT CLAUSES
I.8 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT
(FIXED-PRICE) (APR 1984) (DEVIATION)
(a) The Government may terminate performance of work under this contract
in whole or, from time to time, in part if the Contracting Officer determines
that a termination is in the Government's best interest. The Contracting Officer
shall terminate by delivering to the Contractor a Notice of Termination
specifying the extent of termination and the effective date. Notwithstanding any
other provision of this clause, the Government's liability for terminating
performance of work pursuant to this clause is limited to the amount specified
as being available for payment and allotted to this contract in Clause I.11,
Limitation of Funds, and Clause H.1, Termination Liability.
(b) After receipt of a Notice of Termination, and except as directed by
the Contracting Officer, the Contractor shall immediately proceed with the
following obligations, regardless of any delay in determining or adjusting any
amounts due under this clause:
(1) Stop work as specified in the notice.
(2) Place no further subcontracts or orders (referred to
as subcontracts in this clause) for materials, services, or facilities, except
as necessary to complete the continued portion of the contract.
(3) Terminate all subcontracts to the extent they relate
to the work terminated.
(4) With approval or ratification to the extent required
by the Contracting Officer, settle all outstanding liabilities and termination
settlement proposals arising from the termination of subcontracts; the approval
or ratification will be final for purposes of this clause.
(5) Complete performance of the work not terminated.
(c) After termination, the Contractor shall submit a final termination
settlement proposal to the Contracting Officer in the form and with the
certification prescribed by the Contracting Officer. The Contractor shall submit
the proposal promptly, but no later than 1 year from the effective date of
termination, unless extended in writing by the Contracting Officer upon written
request of the Contractor within this 1-year period. However, if the Contracting
Officer determines that the facts justify it, a termination settlement proposal
may be received and acted on after 1 year or any extension. The Government's
liability is limited to the amount funded under this contract, as stated in
Clause I.11, Limitation of Funds, and Clause H.1, Termination Liability.
(d) Subject to paragraph (c) above, the Contractor and the Contracting
Officer may agree upon the whole or any part of the amount to be paid because of
the termination. The amount may include a reasonable allowance for profit on
work done.
(e) The cost principles and procedures of Part 31 of the Federal
Acquisition Regulation, in effect on the date of this contract, shall govern all
costs claimed, agreed to, or determined under this clause.
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SECTION I CONTRACT CLAUSES
I.8 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT
(FIXED-PRICE) (APR 1984) (Cont'd)
(f) The Contractor shall have the right of appeal, under the Disputes
clause, from any determination made by the Contracting Officer under paragraph
(c) or (h), except that if the Contractor failed to submit the termination
settlement proposal within the time provided in paragraph (c) or (h), and failed
to request a time extension, there is no right of appeal. If the Contracting
Officer has made a determination of the amount due under paragraph (c) or (h),
the Government shall pay the Contractor (1) the amount determined by the
Contracting Officer if there is no right of appeal or if no timely appeal has
been taken, or (2) the amount finally determined on an appeal.
(g) In arriving at the amount due the Contractor under this clause,
there shall be deducted--
(1) All unliquidated advance or other payments to the Contractor
under the terminated portion of this contract; and
(2) Any claim which the Government has against the Contractor
under this contract.
(h) If the termination is partial, the Contractor may file a
proposal with the Contracting Officer for an equitable adjustment of the
price(s) of the continued portion of the contract. The Contracting Officer shall
make an equitable adjustment agreed upon. Any proposal by the Contractor for an
equitable adjustment under this clause shall be requested within 90 days from
the effective date of termination unless extended in writing by the Contracting
Officer.
(i) Unless otherwise provided in this contract or by statute, the
Contractor shall maintain all records and documents relating to the terminated
portion of this contract for 3 years after final settlement. This includes all
books and other evidence bearing on the Contractor's costs and expenses under
this contract. The Contractor shall make these records and documents available
to the Government, at the Contractor's office, at all reasonable times, without
any direct charge. If approved by the Contracting Officer, photographs,
microphotographs, or other authentic reproductions may be maintained instead of
original records and documents.
(End of clause)
I.9 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)
(APR 1984) (DEVIATION)
(a) (1) The Government may, by written notice of default to the
Contractor, terminate this contract in whole or in part if the Contractor fails
to--
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SECTION I CONTRACT CLAUSES
I.9 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)
(APR 1984) (Cont'd)
(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) below); or
(iii) Perform any of the other provisions of this
contract (but see subparagraph (a)(2) below).
(2) The Government's right to terminate this contract under subdivisions
(1)(ii) and (1)(iii) above, 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 part, the Contractor
shall continue the work not terminated.
(c) If this contract is terminated for default:
1. Default Prior to Launch
The Government shall have the following rights in the event of a default
prior to launch:
(i) The Contracting Officer may direct the Contractor
to assign to the Government, all right, title and interest of the Contractor
under one or more of its subcontracts, in which event the Government shall have
the right to require the subcontractor to perform the subcontract work. The
Contractor agrees to provide to the Contracting Officer, within 90 days of
contract award, evidence of the agreement of all subcontractors to the aforesaid
assignment if this contract should be terminated for default; and/or
(ii) The Contracting Officer may direct the Contractor
to transfer title and deliver to the Government any (1) completed supplies, and
(2) partially completed supplies and materials, parts, tools, dies, jigs,
fixtures, plans, drawings, information and contract rights 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; and/or
(iii) The Contracting Officer may direct the Contractor
to repay to the Government all progress payments paid to the Contractor. The
Contracting Officer shall take into account in his determination as to the
amount of the progress payments to be repaid the Government, to the extent to
which the Government exercises its right under (c) 1. (i) and (ii) of this
clause; and/or
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NAS5-31350
SECTION I CONTRACT CLAUSES
I.9 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)
(APR 1984) (Cont'd)
(iv) The Government 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. However, the Contractor
shall continue the work not terminated.
2. Default After Launch
The Government shall have the following rights in the event of a default
after launch:
(i) The Contacting Officer may direct the Contractor to
assign to the Government, all right, title and interest of the Contractor under
one or more of its subcontracts, in which event the Government shall have the
right to require the subcontractor to perform the subcontract work. The
Contractor agrees to provide to the Contracting Officer, within 90 days of
contract award, evidence of the agreement of all subcontractors to the aforesaid
assignment if this contract should be terminated for default.
In addition, at no additional cost to the Government the Contracting Officer may
direct the Contractor to deliver to the Government all records, drawings,
software and other documents and data necessary for housekeeping, maintenance,
command and control of the Ocean Color Data Instrument and Spacecraft. Further,
the Contractor may be directed to furnish an O & M manual to the Government for
the Instrument which shall describe the Instrument, Instrument specifications,
bench test procedures and routine repair of the Instrument including schematic
diagrams, printed circuit board layouts, theory of operation, and parts and
supplier lists. The Government will have unlimited rights to all data provided
under this subparagraph (i); and/or
(ii) At no additional cost to the Government, the
Government shall have the right to operate the spacecraft and Ocean Data
Instrument or have other do so on its behalf. The Contracting Officer will
provide a written notice as to the effective date of the exercise of this right.
In the event the Government's operation of the spacecraft and Instrument would
infringe any patent or copyright which is owned, licensed or which becomes owned
or licensed to the Contractor, the Contractor on a royalty-free basis hereby
licenses the Government and such others who operate the spacecraft and
Instrument. At no additional cost to the Government, the Contractor shall have
the obligation to negotiate and obtain rights in favor of the Government for
those other necessary licenses
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NAS5-31350
SECTION I CONTRACT CLAUSES
I.9 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)
(APR 1984) (Cont'd)
to carry out this provision and the Government shall have unlimited rights to
all data derived from operation of the spacecraft and Instrument.
(iii) The Contractor will not be liable to the
Government for any excess costs the Government incurs in the acquisition of
services similar to those terminated.
(d) In the event of the Government's exercise of its rights under this
clause, the Contractor shall protect the Government, hold the Government
harmless and indemnify the Government from all claims (and related liabilities
and costs) by the Contractor's customers or third parties who have instruments
onboard the spacecraft and/or have the right to data or the product of the
instruments onboard the spacecraft.
(e) 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.
(f) 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.10 FEDERAL ACQUISITION REGULATION REFERENCES (18-52.252-71)
(MAY 1986)
This solicitation/contract may contain numerical references to segments of the
Federal Acquisition Regulation (FAR) that, as of April 1, 1984, had not been
promulgated or fully distributed. Pending such action, these segments have been
published in NASA Procurement Notice 85-17 and thereby incorporated into the
NASA FAR Supplement temporarily. Consequently, a numerical reference to such
segments of the FAR contained in the solicitation/contract shall be deemed to
refer to the equivalent reference, prefixed by the number "18" as set forth in
NASA Procurement Notice 85-17; e.g., a reference to FAR 22.10 would be referring
to 18-22.10 as set forth in NASA Procurement Notice 85-17.
(End of clause)
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NAS5-31350
SECTION I CONTRACT CLAUSES
I.11 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT) (18-52.232-77)
(MAR 1989) (DEVIATION)
(a) Of the total price of items 1 through 10, the sum of $9,000,000 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 in accordance
with the following schedule, until the total price of said item is allotted:
SCHEDULE FOR ALLOTMENT OF FUNDS
Date Amounts
---- -------
Upon Contract Award $ 9,000,000
November 15, 1991 $13,000,000
November 15, 1992 $15,570,000
November 15, 1993 $ 3,450,000
November 15, 1994 $ 600,000
November 15, 1995 $ 600,000
November 15, 1996 $ 600,000
November 15, 1997 $ 600,000
November 15, 1998 $ 100,000
(b) The Contractor agrees to perform or have performed work on the items
specified in paragraph (a) above 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) if that clause would, in the exercise of reasonable judgment by the
Contractor, approximate the total amount at the time allotted to the contract.
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.
(c) It is contemplated that funds presently allotted to this contract will be
applied to the work to be performed until November 15, 1991.
(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) above shall apply to these additional
allotted funds and substituted date pertaining to them, and the contract shall
be modified accordingly.
(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
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NAS5-31350
SECTION I CONTRACT CLAUSES
I.11 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT) (18-52.232-77)
(MAR 1989) (Cont'd)
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) above.
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)
I.12 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY--
MODIFICATION (52.203-9) (NOV 1990) (ADVANCE VERSION)
(a) Definitions. The definitions set forth in FAR 3.104-4 are hereby
incorporated in this clause.
(b) The Contractor agrees that it will execute the certification set
forth in paragraph (c) of this clause when requested by the Contracting Officer
in connection with the execution of any modification of this contract.
(c) Certification. As required in paragraph (b) of this clause, the
officer or employee responsible for the modification proposal shall execute the
following certification:
CERTIFICATE OF PROCUREMENT INTEGRITY--MODIFICATION (NOV 1990)
(1) I, [Name of certifier] _____________________________ am the
officer or employee responsible for the preparation of this modification
proposal and hereby certify that, to the best of my knowledge and belief, with
the exception of any information described in this certification, I have no
information concerning a violation or possible violation of subsection 27(a),
(b), (d), or
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SECTION I CONTRACT CLAUSES
I.12 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY--
MODIFICATION (52.203-9) (Cont'd)
(f) of the Office of Federal Procurement Policy Act, as amended* (41 U.S.C.
423), (hereinafter referred to as "the Act"), as implemented in the FAR,
occurring during the conduct of this procurement (contract and modification
number)__________________________________________.
(2) As required by subsection 27(e) (1) (B) of the Act, I
further certify that to the best of my knowledge and belief, each officer,
employee, agent, representative, and consultant of _____________________________
________________________________________________
who has participated personally and substantially in the preparation or
submission of this proposal has certified that he or she is familiar with, and
will comply with, the requirements of subsection 27(a) of the Act, as
implemented in the FAR, and will report immediately to me any information
concerning a violation or possible violation of subsections 27(a), (b), (d), or
(f) of the Act, as implemented in the FAR, pertaining to this procurement.
(3) Violations or possible violations:
/s/_____________________________________ Date:____________________
________________________________________
Typed Name
* Subsections 27(a), (b), and (d) are effective on December 1, 1990. Subsection
27 (f) is effective on June 1, 1991.
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE
UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION
MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE,
SECTION 1001.
(End of certification)
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NAS5-31350
SECTION I CONTRACT CLAUSES
I.12 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY--
MODIFICATION (52.203-9) (Cont'd)
(d) In making the certification in paragraph (2) of the certificate, the
officer or employee of the competing contractor responsible for the offer or
bid, may rely upon a one-time certification from each individual required to
submit a certification to the competing contractor, supplemented by periodic
training. These certifications shall be obtained at the earliest possible date
after an individual required to certify begins employment or association with
the Contractor. If a contractor decides to rely on a certification executed
prior to suspension of section 27, the Contractor shall ensure that each
individual who has so certified is notified that section 27 has been reinstated.
These certifications shall be maintained by the Contractor for a period of six
years from the date a certifying employee's employment with the company ends or,
for an agency, representative, or consultant, six years from the date such
individual ceases to act on behalf of the Contractor.
(e) The certification required by paragraph (c) of this clause is a
material representation of fact upon which reliance will be placed in executing
this modification.
(End of clause)
I.13 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY
(52.203-10) (SEP 1990)
(a) The Government, at its election, may reduce the price of a
fixed-price type contract or contract modification and the total cost and fee
under a cost-type contract or contract modification by the amount of profit or
fee determined as set forth in paragraph (b) of this clause if the head of the
contracting activity or his or her designee determines that there was a
violation of subsection 27(a) of the Office of Federal Procurement Policy Act,
as amended (41 U.S.C. 423), as implemented in the FAR. In the case of a contract
modification, the fee subject to reduction is the fee specified in the
particular contract modification at the time of execution, except as provided in
subparagraph (b) (5) of this clause.
(b) The price or fee reduction referred to in paragraph (a) of this
clause shall be --
(1) For cost-plus-fixed-fee contracts, the amount of the fee
specified in the contract at the time of award;
(2) For cost-plus-incentive-fee contracts, the target fee
specified in the contract at the time of award, notwithstanding any minimum fee
or "fee floor" specified in the contract;
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NAS5-31350
SECTION I CONTRACT CLAUSES
I.13 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY
(52.203-10) (Cont'd)
(3) For cost-plus-award-fee contracts --
(i) The base fee established in the contract at the
time of contract award;
(ii) If no base fee is specified in the contract, 30
percent of the amount of each award fee otherwise payable to the Contractor for
each award fee evaluation period or at each award fee determination point.
(4) For fixed-price-incentive contracts, the Government may--
(i) Reduce the contract target price and contract
target profit both by an amount equal to the initial target profit specified in
the contract at the time of contract award; or
(ii) If an immediate adjustment to the contract target
price and contract target profit would have a significant adverse impact on the
incentive price revision relationship under the contract, or adversely affect
the contract financing provisions, the Contracting Officer may defer such
adjustment until establishment of the total final price of the contract. The
total final price established in accordance with the incentive price revision
provisions of the contract shall be reduced by an amount equal to the initial
target profit specified in the contract at the time of contract award and such
reduced price shall be the total final contract price.
(5) For firm-fixed-price contracts or contract modifications,
by 10 percent of the initial contract price; 10 percent of the contract
modification price; or a profit amount determined by the Contracting Officer
from records or documents in existence prior to the date of the contract award
or modification.
(c) The Government may, at its election, reduce a prime contractor's
price or fee in accordance with the procedures of paragraph (b) of this clause
for violations of the Act by its subcontractors by an amount not to exceed the
amount of profit or fee reflected in the subcontract at the time the subcontract
was first definitively priced.
(d) In addition to the remedies in paragraphs (a) and (c) of this
clause, the Government may terminate this contract for default. The rights and
remedies of the Government specified herein are not exclusive, and are in
addition to any other rights and remedies provided by law or under this
contract.
(End of clause)
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NAS5-31350
SECTION J LIST OF ATTACHMENTS
X.x LIST OF ATTACHMENTS (GSFC 52.210-101) (OCT 1988)
The following attachments constitute part of this contract:
No. of
Attachment Description Date Pages
---------- ----------- ---- -----
A Statement of Work December 1990 3
B Performance December 1990 1
Specifications
C SeaStar Ocean Color March 23, 1991 3
Data System Description
(End of clause)
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ATTACHMENT A
STATEMENT OF WORK
December 1990
46
1
December 1990
STATEMENT OF WORK
I. Introduction.
The objective of this procurement is to obtain reflected radiances of Earth,
measured relative to solar irradiance, over a five year period, with sufficient
radiometric, spectral, spatial, and temporal resolution and accuracy to enable
calculations of the variability of ocean color, ocean chlorophyll concentration,
and other oceanic bio-optical properties.
Global ocean color observations are required for understanding the oceanic
component of critical global biogeochemical cycles, especially the carbon cycle.
It is becoming increasingly clear that primary productivity and resultant
sequestering of carbon dioxide in deep ocean repositories is a significant
factor in the global carbon and carbon dioxide budgets, which are, on the whole,
poorly quantified. For example, estimates of the amount of carbon converted from
dissolved CO(2) to marine biomass through photosynthesis range from 30 to 45 x
10/\9 tons (gigatons) per year. The uncertainty (7-8 gigatons) in this estimate
is large, and in fact, exceeds the amount of fossil fuel carbon released into
the atmosphere on an annual basis (6 gigatons). Better quantification and
understanding of the marine carbon system will enable ramifications of the
atmospheric CO(2) increase to be evaluated with greater confidence.
Progress in quantifying the oceanic carbon budget requires a combination of
comprehensive in situ observations, extensive computational analyses, and
satellite ocean color observations. These ocean color data, which are used to
calculate the concentration the photosynthetic chlorophyll pigments, will
provide the global perspective on surface phytoplankton variability to
complement the experimental program of the Joint Global Ocean Flux Study
(JGOFS). JGOFS, a key element in the International Geosphere Biosphere Program,
is a major international research effort dedicated to understanding processes
regulating primary production and carbon flux within the oceans. Already, JGOFS
studies have demonstrated that production of particulate carbon by marine
phytoplankton in the North Atlantic lowers the dissolved CO(2) concentrations
well below saturation levels, forcing a net flux of CO(2) from the atmosphere
into the sea.
The quantitative research uses for which the data are required place stringent
demands on the data quality, exceeding that from CZCS. The objectives of the
NASA Ocean Color Project have been developed in concert with the NASA Ocean
Color Science Working Group over a period of years. The major objectives are to
obtain continuing global observations of ocean color from space, along with
ancillary data required for processing, and to produce global gridded data sets
of ocean leaving radiances and bio-optical properties derived from them which
are useful for studying the magnitude and variability of phytoplankton and
primary productivity. Therefore, the satellite ocean color observations must be
of sufficient quality to permit:
47
2
Development of atmospheric correction algorithms which will permit the
derivation of water leaving radiances from the satellite data which are accurate
to within plus or minus 5 percent on a routine basis over the global ocean;
Development of bio-optical algorithms for derivation of chlorophyll
concentration from water leaving radiances which are routinely accurate to
within plus or minus 35 percent for case I optical waters over a range of 0.05
to 50 mg/m/\3, and to within a factor of 2 everywhere.
As part of the JGOFS proqram, significant portions of the worlds biological
oceanographic resources (ships, scientists, funding) will be allocated to
regional, process-oriented experiments (such as the Equatorial Pacific
Experiment in 1992-1993 and the Indian Ocean Experiment in 1993) and also to a
global survey of ocean dissolved carbon and pigment concentrations to be
conducted between 1991 and 1996. Synoptic satellite observations are required to
measure variability of phytoplankton globally during these sampling programs.
Data collected by JGOFS is equally crucial for validation of satellite
observations and will provide the understanding necessary to extrapolate
information derived from surface ocean color observations to the underlying
water column.
Additionally, the satellite observations will provide important insights useful
for studying marine ecosystems dynamics, ocean physics, estuarine processes, and
freshwater environments.
II. Statement of work
1. The Contractor shall provide an ocean color data set from a Contractor
developed, owned, and operated system to be flown in a nominal circular 705 KM
sun--synchronous noon orbit, as follows:
a. Launch shall be within 28 months of contract signing and data shall
be provided commencing upon Contractor's declaration that the system is
operational, and continuing after Government acceptance for five years.
B. The data set shall meet the requirements of the attached document,
performance specifications, dated December 1990. The data set will
contain all necessary information required for processing the radiance
data, including predicted ephemerides, spacecraft attitude, time, tilt,
gain, and other necessary spacecraft and sensor information. The data
shall be capable of calibration from direct moon observations and either
an on board solar diffuser or comparably stable internal method.
2. The data set shall consist of ocean color Global Area Coverage (GAC) and
Local Area Coverage (LAC) as defined below, and transmitted to NASA as follows:
a. Two Gigabits of recorded data per day, consisting of a combination of
GAC and LAC in a proportion to be specified by NASA and downlinked from
the satellite to the NASA processing facility at Xxxxxxx Space
48
3
Flight Center within 24 hours of observation at mutually agreed
frequencies.
b. Real time LAC data downlinked directly to NASA designated receiving
sites at mutually agreed upon frequencies. The Contractor shall furnish
any specific cryptographic information necessary to receive direct
broadcast data.
3. During the performance of this contract, the Government will have the rights
of approval and insight as defined within the contract schedule.
4. Operation of Sensor
a. NASA shall provide the Contractor with prioritized requests for LAC
and GAC high and low resolution data recording as provided for in
Paragraph 2a above, as well as timing for mirror tilt, gain, and
calibration commands. The real time data downlinks as provided for in
Paragraph 2b above shall be operated continuously as defined below.
b. The Contractor shall conduct calibrations of the sensor from direct
moon observations and either an on board solar diffuser or stable
internal method at times mutually agreed upon, and shall provide the
calibration data to NASA in the GAC data stream. NASA shall provide the
Contractor with the results of all calibration testing and analysis.
c. The Contractor shall provide NASA monthly reports of the spacecraft
operations and housekeeping status.
Definitions:
Continuous: Operation of the sensor and real time transmission to the ground
whenever the satellite is in daylight and within acquisition range of a NASA
ground receiver.
GAC: Global Area Coverage: LAC high resolution data which has been subsampled to
represent approximately 4 km resolution for coarser recording and/or
transmission; also "low resolution".
LAC: Local Area Coverage: Color data taken and recorded and/or transmitted at
approximately 1 km resolution; also "high resolution".
49
ATTACHMENT B
PERFORMANCE SPECIFICATION
DECEMBER 1990
50
December 1990
PERFORMANCE SPECIFICATION
1. SCOPE
This specification establishes the performance, testing, calibration,
verification and product assurance requirements for the Ocean Color Data that
will be acquired as part of the Ocean Color Mission.
Basis for Performance Specifications
These performance specifications are based on the scientific requirements of the
NASA Ocean Color Science Working Group and their experience using data from the
Coastal Zone Color Scanner, a proof of concept instrument for using satellite
observations to observe phytoplankton pigment concentrations. The specifications
address several limitations of the CZCS data set which must be overcome to
achieve desired scientific objectives. These limitations fall in the areas of
observational frequency and coverage, sensitivity, spectral band positions, and
monitoring calibration and stability. Spatial and temporal coverage
specifications are based on observed decorrelation lengths and times for
phytoplankton pigment concentrations (approximately 1-5 kilometers and 1-10
days, respectively), and are intended to allow for cloud free composites of
geophysical products for the global ocean weekly at about 4 km resolution.
Quantitative geophysical products are useful only from scan angles less than 45
degrees and solar elevation angles above 20 degrees which is reflected in the
specifications for recorded GAC data, while allowing for qualitative operational
use of real time data within broader limits. Accuracy and sensitivity
specifications are based on analysis of error sources in chlorophyll pigment
derivations using Xxxxx-Xxxxxx CZCS algorithms described in 1983, and permit
equal errors from the sensor radiometry and in situ bio-optical variability.
Radiance levels have been determined using radiative transfer simulations, which
have been validated using CZCS observations.
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2. SPECIFICATIONS
2.1 General Overview
The data required fall into prelaunch information required and inflight data
categories.
Prelaunch information is acquired during sensor test and calibration,
spacecraft integration and testing, and mission planning. This
information is required to characterize instrument performance, process
orbital data, calibrate orbital data, assess the accuracy of orbital
data, and to prepare the NASA science data processing system. All
information describing spacecraft and instrument conditions taken prior
to launch which are relevant to processing the data and assessing its
radiometric accuracy and Earth location are included.
Inflight data include S/C and sensor operations and housekeeping data
for navigation, processing, and assessing the accuracy of the
radiometric data; and the scientific radiometric data which constitutes
the primary scientific output of the mission. Included in radiometric
data are normal Earth surface viewing, and viewing of the calibration
targets (dark space, onboard source or solar diffuser, lunar surface).
Not only the radiometric qualities of the data, but also the sampling and
coverage qualities, calibrations, and stability of the radiometric data are of
prime concern in the usefulness of the data to achieve NASA scientific goals and
objectives.
Full global coverage shall be provided every 2 days. This means that there will
be no gaps in a gridded composite of sensor data (including clouds and glint)
covering all areas of Earth experiencing solar zenith angles less than 70
degrees, which is made of data from a 1500 kilometer swath centered about the
satellite ground track taken over any consecutive 2 day period (excepting that
area missed during tilt changes required to avoid sun glint). Sun glint
contamination shall be minimized by varying the along-track viewing angle by 20
degrees minimum fore and aft.
The data delivered to NASA shall meet the radiometric performance specifications
set forth in Table 1 below. The radiometric performance of the instrument shall
be determined in the laboratory in comparison to absolute standards or standards
maintained by the National Institute of Standards & Technology, and in orbit in
comparison to incident solar spectral irradiance. The data streams shall also
contain all necessary information required for processing the radiance data,
including predicted ephemerides and calibrations, spacecraft attitude, time,
tilt, gain, and other necessary spacecraft and sensor information.
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TABLE 1. Ocean Color Data Bands, SNR, and Radiance Levels
--------------------------------------------------------------------------------------------
Band Band Edge Saturation Input SNR(2) Cloud
Wavelengths Radiance(1) Radiance(1) Radiance(1,4)
(nm, plus or minus 2 nm) (L(max)) (L(typical)) (L(cloud))
1 402-422 13.63 9.10 499 57.5
2 433-453 13.25 8.41 674 58.5
3 480-500 10.50 6.56 667 54.0
4 510-530 8.75 5.44 616 54.0
5 555-575 7.25 4.45 581 53.0
6 655-675 4.25 2.60 447 47.0
7 745-785(3) 3.00 1.61 455 37.3
8 845-885 2.13 1.09 467 28.6
(1) in milliwatts/(cm(2) micrometer steradian).
(2) measured at Input Radiance (L(typical)), unity gain (G = 1).
(3) notched (blocked) between 759 - 770 nm to avoid O(2) absorbance peak.
(4) at 22.5 degree solar zenith, for reference.
L(cloud) - Spectral Radiance from a 100% reflectance Lambertian scene
L(max) - Maximum Spectral Radiance in a spectral band
L(typical) - Typical Spectral Radiance in a spectral band
--------------------------------------------------------------------------------------------
2.2 Specifications
Instantaneous-Field-of-View (IFOV)
The IFOV at nadir and zero tilt shall be 1 plus or minus .15 kilometer.
Sampling shall be once per nominal (square) IFOV.
Cross-track Scan
The active portion of the cross-track scan shall not be less than 90
degrees ( plus or minus 45 degrees ) about nadir nor greater than 116.6
degrees (or plus or minus 58.3 Degrees) about nadir. The swath width
shall not be less than 1500 kilometers for tilts of plus or minus 20
degrees to enable 2 day global coverage from the nominal altitude. All
scan data shall be transmitted in the LAC broadcast. GAC data
subsampled from the cross track scan need not include data taken at
greater than plus or minus 45 degrees.
Fore-and-Aft Pointing
The data shall be taken with a sensor capable of pointing the swath
fore-and-aft (positive and negative with respect to the velocity vector,
respectively) to avoid specular solar reflectance from the ocean's surface. The
sensor scan must be capable of tilts of 0.0, +20.0, and -20.0 degrees from
nadir. Changes in tilt angle from - 20 to + 20 degrees shall take less than 30
seconds. Data describing the tilt angle shall be accurate to within 0.01
degrees.
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Dark Level Measurements
A portion of every scan shall contain sensor output data while the field
of view is obscured and the input radiance is less than the Noise
Equivalent Differential Spectral Radiance (NEdL).
Spectral Bands
The spectral bands are given in Table 1. Definitions are included in
"Band Definitions" below.
Band Tolerances
The location of the band edges shall be plus or minus 2 nm (3
sigma) of the values in Table 1 and be stable to less than plus or
minus 1 nm over the duration of the ground test program. The edge
range shall not exceed 50% of the bandwidth in any spectral band.
Out-of-Band Characteristics
The out-of-band response shall be less than 5% of the within-band
value. Each one-percent response point shall be within 1.5 times
the bandpass from the corresponding band edge. Compliance with this
specification shall be determined for a source with spectral shape
equivalent to L(cloud) (the spectral radiance of a Lambertian
surface of 100% reflectance illuminated by the sun at 22.5 Degrees
zenith angle). L(cloud) is given in Table 1.
Within-Band Spectral Differences
If multiple detector elements are used within a band, the spectral
response of all detector elements in a band shall be compared as to
location and shape by use of normalized spectral response curves.
The central wavelength of any element must be within plus or minus
0.5 nm of the average central wavelength for all elements of the
band. Integrated spectral response between the ten percent response
points shall not differ by more than ten percent for any two
elements in the band.
Spectral Band-Band Registration
The IFOV's from all spectral bands shall be co-registered to within
0.3 pixel (1 sigma).
Radiometric Sensitivity
Table 1 presents the SNR specifications for all bands at unity gain. The
required SNR shall be achieved at the typical spectral radiance levels
L(typical). NEdL may be calculated from the expression: NEdL =
L(typical)/SNR.
Polarization Insensitivity
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The radiometric data shall be nominally insensitive to linear
polarization. The polarization factor, PF as defined below, shall be no
greater than 2% over scan angles from +45 to -45 degrees for all bands
and tilt angles between -20 and +20 degrees. I(max) and I(min) are the
recorded maximum and minimum outputs when the plane of incoming 100
percent linearly polarized light is rotated through 180 degrees.
PF = (I(max) - I(min))/(I(max) + I(min)) < 0.020
Data sufficient to describe the magnitude and direction of the
polarization sensitivity as a function of scan and tilt angle over plus
or minus 45 degrees of scan, and over plus or minus 20 degrees of tilt
and at angles necessary to view the moon for all bands shall be
provided from pre-launch testing.
Dynamic Range
The sensor shall be designed to operate over a dynamic range that
extends from the noise floor (NEdL) in each spectral band to the maximum
levels L(max) given in Table 1.
Quantization
Data shall be quantized at 10 bits. Differential linearity of the
quantizer(s) shall be better than one-half a least significant bit.
Modulation Transfer Function
The MTF of the data shall equal or exceed the values tabulated below in
both the along-track and cross-track directions for a sine wave input.
The Xxxxxxx frequency has a spatial period equal to two IFOV's on the
ground.
Frequency/Xxxxxxx Frequency MTF
0.00 1.0
0.25 0.9
0.50 0.7
0.75 0.5
1.00 0.3
The MTF specifications shall be satisfied for modulations between dark
and L(typical) and between dark and L(max), for every detector element
in each spectral band. Data describing the MTF's shall be provided from
pre-launch testing to verify that the specification is met. Data from
lunar views and/or internal stabilized source will also be provided for
analysis of MTF on orbit.
Gains
Band-independent gains shall be provided, which are commandable band by
band, which will increase or decrease sensitivity according to the
following:
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S(n) = G(n) S(i),
where S(i) and S(n) are the initial detector signal and the signal with
gain, respectively, G(n) is the gain factor at gain setting n.
The nominal G values for gain settings n = 2, 3, and 4 shall be 1, 1.5,
and 2.0 for all channels. The value of G for n=l must be determined
based upon the characteristics of onboard solar and/or lunar
capabilities, and specified by channel, to avoid saturation.
The values of G will be within 5% of the above specifications, and shall
be known relative to G=1 (unity gain, n=2) with an accuracy of greater
than 99.5%.
Transient Response (Bright Target Recovery)
Radiometric data should be relatively free of effects of overshoot and
ringing when the IFOV scans across a steep gradient in radiance, from a
maximum of L(cloud) to a minimum of L(typical). For this radiance step
change the output signal shall settle to within 0.5% of its final value
within ten IFOV's.
Absolute Radiometric Accuracy
An absolute radiometric accuracy of 5% (one-sigma) shall be achieved at
the typical spectral radiance levels given in Table 1. At spectral
radiances between 0.2 L(typical) and 0.9 L(max) the absolute radiometric
accuracy shall be within plus or minus 6%. Measurements of the accuracy
shall be made, as a minimum, at scan angles centered at 0, -40, and +40
degrees, tilt angles of 0, -20, and +20 degrees, special tilt angles
(should they be required) used to view the moon, and at all gains.
Relative Radiometric Accuracy
The design shall be capable of achieving an accuracy within 2% (one
sigma) relative to the sun. The calibrated data shall be linear to
within plus or minus 1% over the full range of input signals.
System Noise Measurements
The signal-to-noise ratio shall be determined for all bands at a
sufficient number of spectral radiance levels between 0.2 L(typical) and
0.9 L(max) to characterize the signal dependence of the system noise.
Pointing Knowledge
The Contractor shall provide in the downlinked data stream data
describing the S/C attitude and location and sensor pointing angles
required for calculation of the location (in latitude and longitude) of
each ocean IFOV to within one IFOV at all scan and tilt angles.
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Radiometric Stability and Repeatability
Bias errors will be removed from the data during ground processing in
order to improve radiometric accuracy. To accomplish this the sensor
data shall be stable over time as defined below.
Short-Term Stability -
Short-term stability applies to time intervals less than two weeks.
The mean radiometric response of each spectral band, corrected on
the ground using calibration data, shall not differ by more than
plus or minus 1% from another response measurement made while
viewing the same source operating at equal radiance levels, but
separated by any time period up to two weeks, including the effects
of perturbations at the orbital period. This stability requirement
shall also be met for short-term temperature excursions that may be
expected to occur during sunlit portions of the orbit. Data from
lunar views, corrected for secular changes in lunar radiance
exitance, collected on several consecutive orbits while the moon is
near full phase, shall be provide with sufficient frequency to
assess short term and long term stability.
Long-Term Stability
Long-term stability applies to time intervals between two weeks and
5 years. The mean corrected and calibrated radiometric response of
each spectral band shall not change by more than plus or minus 2%
over these time intervals. Compliance will be demonstrated by an
estimate based upon short-term tests plus analysis.
Band-to-Band Stability
The relative amplitude stability between all pairs of spectral bands
shall be better than plus or minus 0.5% measured at full-scale, and
plus or minus 1% at half-scale. Each band shall be exposed to a
source and the mean calibrated responses determined. To compare
outputs between bands, the ratio of the means shall be calculated
for each band with respect to a common band. In addition, ratios
shall be calculated for selected pairs of bands which will be used
in common retrieval algorithms. These ratios shall remain constant
within plus or minus 0.5% at full-scale and plus or minus 1% at half
scale over times separated by any interval up to two weeks.
Inflight Calibration Data
Data for calibration and stability monitoring shall be obtained from
direct lunar views when the moon is greater than 80% full phase, and
either an on-board stabilized source viewed by all optical elements or
solar diffuser. The sources shall fill the optical aperture of the
sensor. These data shall be obtained for all channels with a signal to
noise ratio (SNR) no less than 10% of the SNR values specified in Table
1, and shall measure changes in gain or throughput of the optical, focal
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plane, and electronic subsystems, using either on-board, lunar, or
solar sources. Inflight radiometric characterization, i.e., output
digital value versus input spectral radiance, shall be made with
sufficient accuracy to assure that the calibration and stability
requirements delineated in this specification are achieved.
Lunar - Provision shall be made to use the moon at near full
phase as a target source for monitoring stability. The
lowest (least sensitive) gain shall accommodate direct
viewing at near full lunar phase without saturation in
any band.
Solar Diffuser - If a solar illuminated diffuser is selected,
data on the diffuser characteristics shall be provided
which, when combined with that from other calibration
systems, will be adequate to maintain knowledge of the
calibration and stability of the radiometric data to
within stated specifications throughout the 5 year
mission lifetime.
Internal Source - Inflight data on characteristics of on-board
sources to show performance within the specifications
are required should that approach be taken.
Data Delivery
Instrument data shall be included with the digital radiometric data
stream. Selected S/C housekeeping and ancillary data shall be included
in the data as required for independent processing by LAC ground
stations. This will include predicted orbital ephemerides, on-board
clock time and synchronization, spacecraft attitude information,
predicted radiometric calibration coefficients, tilt angle, channel
gain settings, temperatures, and other necessary parameters.
For recorded data, transmission shall achieve a maximum overall bit
error rate of less than 10/\-6 upon acquisition of signal at 5 degrees
above the horizon when transmitting at 2.65 MB/second into a ground
system with a gain to antenna temperature ratio (G/T) of 12.5 db.
The real time data transmission shall achieve a maximum overall bit
error rate of less than l0/\-6 upon acquisition of signal at 5 degrees
above the horizon when transmitting into a ground system at 665
KB/second with a gain to antenna temperature ratio (G/T) of 6.5 db.
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3. PRELAUNCH INFORMATION REQUIRED
Command List and Description
The Contractor shall furnish, prior to critical design review, a draft
Command List and Description document which describes all commands and
command sequences necessary for operation of the instrument to enable
GSFC to generate prioritized requests for inflight operations,
including tilt, gain, calibration, recording, and transmitting
operations. The contractor shall furnish the final document prior to
instrument calibration.
Instrument Ground Software
The Contractor shall furnish, prior to Critical Design Review, a self
describing digital copy of the source code and documentation for
software necessary to operate, test, and calibrate the instrument at the
developer's facilities and at the spacecraft integrator's facilities.
The contractor shall furnish the final document prior to instrument
calibration. The software shall support prelaunch instrument
calibration, as well as supporting evaluation of data acquired during
inflight operations.
Calibration Plan
The Contractor shall conduct prelaunch calibration of the instrument to
establish baseline performance characteristics and that the instrument
meets the requirements of this specification for Ocean Color Data. The
Contractor shall prepare a draft calibration plan and provide NASA with
copies prior to Critical Design Review. The Contractor shall furnish the
final plan 60 days prior to instrument calibration. NASA shall review
the instrument calibration plan and procedures, and may have an observer
present during calibration and test activities.
Calibration Data
The Contractor shall furnish prior to Pre-Ship Review, the calibration
data, including such data as calibration and characterization results,
spectral response curves, measured signal-to-noise ratios, and
calibration curves, equations and procedures. Performance and ground
calibration data shall be analyzed and presented (with software) in a
format which enables data calibration and location.
Performance Assurance Plan
The contractor shall furnish, prior to Preliminary Design Review, a
final plan for performance assurance procedures pertaining to the
instrument and spacecraft systems and their integration.
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4. BAND DEFINITIONS
[GRAPHIC]
Band Edge - The wavelength at which the response is half of the peak response;
there is a lower and an upper band edge.
Center Wavelength - The wavelength midway between the band edges.
Bandpass (or bandwidth) - The wavelength interval between the lower and upper
band edges. This is also referred to as the FWHM response or within-band
response.
One-percent Response Point - The wavelength, nearest to the center wavelength,
at which the response is one-percent of the peak response; there is a
lower and an upper one-percent response point.
Extended Bandpass - The wavelength interval between the lower and upper
one-percent response points.
Out-of-Band Response Regions - The spectral regions beyond the extended
bandpass.
Out-of-Band Response - The ratio of integrated out-of-band spectral response
to integrated extended bandpass spectral response. This ratio includes
both the upper and lower wings of the response.
Out-of-Band Blocking - The inverse of the ratio defined as the out-of-band
response.
Edge Range - The wavelength interval, in nanometers, between 5% of peak
response and 80% of peak response.
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ATTACHMENT C
SeaStar Ocean Color Data System
Description
March 22, 1991
61
SeaStar Ocean Color Data System Description 3/22/91
1.0 Overview-The SeaStar Ocean Color Data System consists of four major
segments; the SeaWiFS instrument, the SeaStar spacecraft, the Pegasus launch
vehicle and the satellite's ground station. Each of these segments and the
interfaces between them will be described in this document. NASA/GSFC
Contracting officer approval is required for system design changes that affect
the top level design descriptions given in this document. OSC shall produce the
SeaStar system consistent with the design description given in this document.
The system shall be launched in August 1993.
2.0 Applicable Document(s)-The following document(s), of the exact issue shown,
apply to the extent specified herein.
- NASA/GSFC Ocean Color Data Performance Specification, 12/90
3.0 SeaWiFS Instrument-The instrument shall:
- Be procured from Xxxxxx Santa Xxxxxxx Research Center.
- Meet the requirements of the Ocean Color Data Performance Specification.
- Be designed for a relative radiometric calibration accuracy of 4% (one sigma)
with a goal of 2% (one sigma).
- Consist of a scanner and an electronic module.
- Use an off-axis folded telescope and a rotating half angle mirror that is
phase synchronized with, and rotating at half the speed of the folded
telescope.
- Use a multichannel TDI process in each of the eight spectral bands to achieve
the required SNR.
- Incorporate a tilt mechanism that allows the entire scanner to be oriented in
the along-track direction to avoid sun glint while keeping uniform
calibration, polarization, specular and angular scanning characteristics for
all tilt positions.
- Include a solar radiation diffuser for solar calibration of the instrument.
The diffuser shall be closed when not in use to avoid degradation.
- Perform lunar calibration through the identical optical path as that used for
earth viewing. Pointing of the instrument for lunar calibration shall be
performed by the spacecraft.
- Use an angular momentum wheel to compensate for the angular momentum of the
rotating portions of the instrument in order to minimize spacecraft attitude
disturbances during sensor tilt.
- Be compatible with the interfaces to the SeaStar spacecraft.
4.0 SeaStar Spacecraft-The spacecraft shall:
- Be produced by Orbital Sciences Corporation and its subcontractors.
- Meet the requirements of the Ocean Color Data Performance
Specification.
- Provide the services to the SeaWiFS instrument necessary for the instrument to
meet its performance requirements.
- Have a mass that is compatible with the mission orbit requirements of the
SeaWiFS instrument and the performance capabilities of the Pegasus launch
vehicle.
- Be designed for a 5 year mission requirement with a goal of 10 years.
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- Incorporate an Electrical Power System (EPS) that provides sufficient power
for SeaStar throughout all operational phases over its design lifetime. The
EPS shall include deployable rigid solar panels, a redundant nickel-hydrogen
battery system and a battery charge regulator to control the spacecraft's
power.
- Incorporate a Data Management System (DMS) consisting of a spacecraft
computer, a payload services module and a solid state data recorder. The
spacecraft computer shall serve as the central controller for spacecraft
housekeeping and attitude control. The payload services module shall provide
the spacecraft electrical interface with the SeaWiFS instrument and the solid
state data recorder. The data recorder shall be adequately sized to store and
support the transmission of 2 gigabits of Ocean Color Data to a NASA/Wallops
island ground station each day over the mission design lifetime. Two data
downloads per day may be used to meet this requirement. The DMS shall merge
into the downlinked data stream additional data on the orbit ephemeris,
spacecraft attitude, spacecraft housekeeping and time-tags.
- Incorporate a redundant GPS receiver to provide accurate real-time spacecraft
position knowledge.
- Incorporate a 3 axis stabilized momentum biased Attitude Control System (ACS)
consisting of two momentum wheels, three magnetic torque rods, two horizon
sensors, two 2 axis sun sensors and two 2 axis magnetometers. The attitude
knowledge provided by the ACS along with the instrument pointing accuracy
shall be sufficient to meet a one pixel (1.6 Milliradians, 2 sigma) pointing
knowledge requirement at all normal scan and tilt angles.
- Incorporate a Telemetry, Tracking and Command (TT&C) subsystem that includes
redundant S-band components for command, launch telemetry and stored GAC/LAC
data downlink transmission at 2.65 Mbps and redundant L-band transmitters for
real-time LAC (HRPTlike) data downlink at 665 kbps.
- Incorporate a monopropellent Hydrazine Propulsion System (HPS) to raise the
orbit from the parking orbit provided by the Pegasus launch vehicle to the
final mission orbit and maintain it there during the design lifetime of the
spacecraft.
- Incorporate a cold gas Reaction Control System (RCS) to provide 3 axis
attitude control of the launch vehicle during ascent. Residual gas left in
the RCS tankage may be used to perform initial spacecraft on-orbit
operations.
- Incorporate a Thermal Control System (TCS) to maintain all spacecraft
components within their allowable temperature ranges during all mission
phases
- Incorporate a Structure Subsystem that shall withstand the naturally
occurring worse case combinations of the spacecraft design loads
- Incorporate radiation hardened electrical components whenever practical
and/or use radiation resistant components in the design. Selection and
shielding of these parts shall be consistent with the 5 year (10 year goal)
mission life requirements.
- Be compatible with the interfaces to and the environments from the Pegasus
launch vehicle.
5.0 Pegasus Launch Vehicle-The Launch Vehicle shall:
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- Be provided by Orbital Sciences Corporation with solid rocket motors and
their associated subsystems provided by Hercules.
- Be air launched from a carrier aircraft. OSC shall select the type of carrier
aircraft to be used.
- Maintain significant commonality with the configuration of the first
successful Pegasus flight vehicle. Differences between the initial Pegasus
configuration and the launch vehicle used for SeaStar include modifications
required to integrate the third stage avionics assembly with the spacecraft
to create the integrated spacecraft bus configuration and modifications used
to enhance the performance of the launch vehicle.
- Provide the performance necessary to place the spacecraft into a parking
orbit that will allow the spacecraft's HPS to raise the orbit to the final
mission orbit stated in the Ocean Color Data performance specification.
6.0 Ground Segment-The ground Segment shall:
- Be provided by Orbital Sciences Corporation and its subcontractors.
- Perform the on orbit control of the spacecraft and instrument.
- Include four major subsystems: the antenna subsystem, the RF/baseband
subsystem, the front end subsystem and the control center computers.
- Accept NASA/GSFC requests for LAC & GAC data and on orbit instrument
calibrations. The ground segment shall convert these requests into spacecraft
commands, transmit these commands to the spacecraft and verify that the
commands were properly received prior the execution of the commands by the
spacecraft.
- Monitor the health and status of the spacecraft.
- Take timely and appropriate corrective action to resolve perceived and real on
orbit spacecraft and instrument anomalies.
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____________________________________________________________________________________________________________________________________
1. CONTRACT ID CODE PAGE OF PAGES
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 2
____________________________________________________________________________________________________________________________________
2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)
One (1) Nov. 05 1991 N/A
____________________________________________________________________________________________________________________________________
6. ISSUED BY CODE 289 7. ADMINISTERED BY (If other than item 6) CODE
_________________ _________________
National Aeronautics and Space Administration
Xxxxxxx Space Flight Center
Greenbelt Road
Greenbelt, MD 20771
____________________________________________________________________________________________________________________________________
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (x) 9A. AMENDMENT OF SOLICITATION NO.
___
Orbital Sciences Corporation _________________________________
Space Systems Division 9B. DATED (SEE ITEM 11)
14119-A Sullyfield Circle _____________________________________
P.O. Box 10840 10A. MODIFICATION OF CONTRACT/
Chantilly, Virginia 22022 ORDER NO.
NAS5-31350
_________________________________
_______________________________________________________________________________________________ X 10B. DATED (SEE ITEM 13)
CODE FACILITY CODE 3-29-91
________________________________________________________________________________
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
________________________________________________________________________________
[ ] The above numbered solicitation is amended as set forth in Item 14. The hour
and date specified for receipt of Offers [ ] is extended, [ ] is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date
specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning _____ copies of the amendment;
(b) By acknowledging receipt of this amendment on each copy of the offer
submitted; or (c) By separate letter or telegram which includes a reference to
the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE
RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND
DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this
amendment you desire to change an offer already submitted, such change may be
made by telegram or letter, provided each telegram or letter makes reference to
the solicitation and this amendment, and is received prior to the opening hour
and date specified.
________________________________________________________________________________
12. ACCOUNTING AND APPROPRIATION DATA (If required)
N/A B/NC: 254 PPC: KX
________________________________________________________________________________
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
________________________________________________________________________________
(x) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES
SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT/ORDER NO. IN ITEM 10A.
________________________________________________________________________________
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE
ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation
date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF
FAR 43.103(b).
________________________________________________________________________________
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
X Clause 52.243-1 CHANGES--FIXED PRICE
________________________________________________________________________________
D. OTHER (Specify type of modification and authority)
________________________________________________________________________________
E. IMPORTANT: Contractor [ ] is not, [X] is required to sign this document
and return 4 copies to the issuing office.
________________________________________________________________________________
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings,
including solicitation/contract subject matter where feasible.)
This Supplemental Agreement modifies Attachment B, Performance Specification of
the subject contract to reflect new channel tuning for the SeaWiFS instrument
and changes the data rate on the Wallops downlink.
Accordingly:
(See Page 2)
Except as provided herein, all terms and conditions of the document referenced
in item 9A and 10A, as heretofore changed, remains unchanged and in full force
and effect.
________________________________________________________________________________
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
Xxxxxxx X. Xxxx Xxxxxxx X. Xxxxxxxx
Contracts/Subcontracts Administrator Contracting Officer
________________________________________________________________________________
15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED
30 OCT 91
/s/ Xxxxxxx X. Xxxx /s/ Xxxxxxx X. Xxxxxxxx
________________________________________ BY ________________________________________ NOV 05 1991
(Signature of person authorized to sign) (Signature of Contracting Officer)
________________________________________________________________________________
ISN 7540-01-152-8070 STANDARD FORM 30 (REV 10.83)
PREVIOUS EDITION UNUSABLE Prescribed by GSA
FAR (48 CFR) 53.243
65
Contract NAS5-31350
Modification No. 1
Page 2
1. Revise Attachment B, Performance Specification as follows:
a) Section 2.1 General Overview, page 3, Table 1, "OceanColor Data
Bands, SNR, and Radiance Levels" is changed to reflect the
following new channel tunings:
FROM TO
---- --
BAND WAVELENGTHS BAND WAVELENGTHS
---- ----------- ---- -----------
4 510 - 530 4 500 - 520
5 555 - 575 5 545 - 565
6 655 - 675 6 660 - 680
7 745 - 785(3) 7 745 - 785
Channels 1, 2, 3, and 8 remain unchanged.
b) Section 2.2 Specifications, page 8, "Data Delivery," second paragraph
is changed to reflect the decrease in the data rate on the Wallops
downlink from 2.65MB to 2.0MB.
2. Revise ARTICLE C.1-REPORTS OF WORK, to reflect the change in the number
of copies to the Technical Officer from 5 to 3.
3. It is understood that the above changes are made without effect upon the
fixed price, schedule, or any other term or condition, of this contract.
"End of Modification"
66
____________________________________________________________________________________________________________________________________
1. CONTRACT ID CODE PAGE OF PAGES
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 2
____________________________________________________________________________________________________________________________________
2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)
Two (2) Nov. 08 1991
____________________________________________________________________________________________________________________________________
6. ISSUED BY CODE 289 7. ADMINISTERED BY (If other than item 6) CODE
_________________ _________________
National Aeronautics and Space Administration
Xxxxxxx Space Flight Center
Greenbelt Road
Greenbelt, MD 20771
____________________________________________________________________________________________________________________________________
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (x) 9A. AMENDMENT OF SOLICITATION NO.
Orbital Sciences Corporation _________________________________
Space Systems Division 9B. DATED (SEE ITEM 11)
14119-A Sullyfield Circle _____________________________________
P.O. Box 10840 10A. MODIFICATION OF CONTRACT/
Chantilly, Virginia 22022 ORDER NO.
NAS5-31350
X________________________________
_______________________________________________________________________________________________ 10B. DATED (SEE ITEM 13)
CODE FACILITY CODE 3-29-91
________________________________________________________________________________
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
________________________________________________________________________________
[ ] The above numbered solicitation is amended as set forth in Item 14. The hour
and date specified for receipt of Offers [ ] is extended, [ ] is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date
specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning _____ copies of the amendment;
(b) By acknowledging receipt of this amendment on each copy of the offer
submitted; or (c) By separate letter or telegram which includes a reference to
the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE
RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND
DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this
amendment you desire to change an offer already submitted, such change may be
made by telegram or letter, provided each telegram or letter makes reference to
the solicitation and this amendment, and is received prior to the opening hour
and date specified.
________________________________________________________________________________
12. ACCOUNTING AND APPROPRIATION DATA (If required)
BNC: 254 See Page 2 PPC: KX
________________________________________________________________________________
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE
CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
________________________________________________________________________________
(x) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES
SET FORTH IN ITEM 14 ARE MADE IN CONTRACT/ORDER NO. IN ITEM 10A.
_______________________________________________________________________________
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE
ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation
date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF
FAR 43.103(b).
________________________________________________________________________________
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
________________________________________________________________________________
X D. OTHER (Specify type of modification and authority)
18-52.232-77 Limitation of Funds (Fixed Price Contract)
________________________________________________________________________________
E. IMPORTANT: Contractor [X] is not, [ ] is required to sign this document
and return ____ copies to the issuing office.
________________________________________________________________________________
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings,
including solicitation/contract subject matter where feasible.)
The purpose of this modification is to provide an additional allotment of funds
for continued performance under the contract.
Accordingly:
(See Page 2)
Except as provided herein, all terms and conditions of the document referenced
in item 9A and 10A, as heretofore changed, remains unchanged and in full force
and effect.
________________________________________________________________________________
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
Xxxxxxx X. Xxxxxxxx
________________________________________________________________________________
15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED
/s/ Xxxxxxx X. Xxxxxxxx
________________________________________ BY ________________________________________ NOV 08 1991
(Signature of person authorized to sign) (Signature of Contracting Officer)
________________________________________________________________________________
NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV 10.83)
PREVIOUS EDITION UNUSABLE Prescribed by GSA
FAR (48 CFR) 53.243
67
Contract NAS5-31350
Modification No.2
Page 2 of 2
1. Revise Clause I.11--LIMITATION OF FUNDS (Fixed Price Contract) as follows:
Paragraph (a) - Increase the total funds allotted to this contract by
$13,000,000 from $9,000,000 to $22,000,000.
Paragraph (c) - Change the period of allotment to extend from the effective date
of the contract through November 15, 1992.
2. Revise Clause G.1--ACCOUNTING AND APPROPRIATION DATA--by adding the
following:
PCN XXX XXXX OC BLI AMT
--- --- ---- -- --- ---
970-97979A(1C) 970-438-01-00-01 802/30108(92) 97-2511 A701 $13,000,000
"End of Modification"
68
____________________________________________________________________________________________________________________________________
1. CONTRACT ID CODE PAGE OF PAGES
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 3
____________________________________________________________________________________________________________________________________
2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)
Three (3) APR 16 1992 N/A
____________________________________________________________________________________________________________________________________
6. ISSUED BY CODE 289 7. ADMINISTERED BY (If other than item 6) CODE
_________________ _________________
National Aeronautics and Space Administration
Xxxxxxx Space Flight Center
Greenbelt Road
Greenbelt, MD 20771
____________________________________________________________________________________________________________________________________
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (x) 9A. AMENDMENT OF SOLICITATION NO.
Orbital Sciences Corporation _________________________________
Space Systems Division 9B. DATED (SEE ITEM 11)
14119-A Sullyfield Circle _____________________________________
P.O. Box 10840 10A. MODIFICATION OF CONTRACT/
Chantilly, Virginia 22022 ORDER NO.
NAS5-31350
X_______________________________
_______________________________________________________________________________________________ 10B. DATED (SEE ITEM 13)
CODE FACILITY CODE 3-29-91
________________________________________________________________________________
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
________________________________________________________________________________
[ ] The above numbered solicitation is amended as set forth in Item 14. The hour
and date specified for receipt of Offers [ ] is extended, [ ] is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date
specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning _____ copies of the amendment;
(b) By acknowledging receipt of this amendment on each copy of the offer
submitted; or (c) By separate letter or telegram which includes a reference to
the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE
RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND
DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this
amendment you desire to change an offer already submitted, such change may be
made by telegram or letter, provided each telegram or letter makes reference to
the solicitation and this amendment, and is received prior to the opening hour
and date specified.
________________________________________________________________________________
12. ACCOUNTING AND APPROPRIATION DATA (If required)
B/NC: 254 N/A PPC: KX
________________________________________________________________________________
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
________________________________________________________________________________
(x) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES
SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.
________________________________________________________________________________
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE
ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation
date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF
FAR 43.103(b).
________________________________________________________________________________
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
X Clause 52.243-1 CHANGES--FIXED PRICE
________________________________________________________________________________
D. OTHER (Specify type of modification and authority)
________________________________________________________________________________
E. IMPORTANT: Contractor [ ] is not, [X] is required to sign this document
and return 4 copies to the issuing office.
________________________________________________________________________________
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings,
including solicitation/contract subject matter where feasible.)
This Supplemental Agreement modifies Attachment B, Performance Specification of
the subject contract to (1) reflect changes to the saturation radiances, input
radiances, and signal-to-noise ratios, and (2) modify the Gains Specifications.
Accordingly:
(See Page 2)
Except as provided herein, all terms and conditions of the document referenced
in item 9A and 10A, as heretofore changed, remains unchanged and in full force
and effect.
________________________________________________________________________________
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
Xxxxxxx X. Xxxx Xxxxxxx X. Xxxxxx
Manager, Contracts and Subcontracts
________________________________________________________________________________
15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED
09 APR 92
/s/ Xxxxxxx X. Xxxx /s/ Xxxxxxx X. Xxxxxx
________________________________________ BY ________________________________________ APR 16 1992
(Signature of person authorized to sign) (Signature of Contracting Officer)
________________________________________________________________________________
NSN 7540-01-152-8070 STANDARD FORM 30 (REV 10.83)
PREVIOUS EDITION UNUSABLE Prescribed by GSA
FAR (48 CFR) 53.243
69
Contract NAS5-31350
Modification No. 3
Page 2
1. Revise Attachment B, Performance Specification, as follows:
a) Section 2.1, General Overview, Page 3, Table 1, "Ocean Color Data
Bands, SNR, and Radiance Levels" is changed to reflect the following
new saturation radiances, input radiances, and signal-to-noise
ratios;
CHANGES TO TABLE 1
Band Edge Saturation Input
Band Wavelengths Radiance Radiance SNR
---- ----------- ---------- -------- ---
4 500 - 520 9.08 5.64 640
5 545 - 565 7.44 4.57 596
6 660 - 680 4.20 2.46 442
The cloud radiances for these three bands remains unchanged.
The Band 7 notch is deleted (see note #3 in the Table). Band 7 will thus
not be notched (blocked) between 759 - 770 nm.
b) Section 2.2.11, Gains Specifications, Page 6, is revised as follows:
Delete the following sentences:
"The nominal G values for the gain settings n=2, 3, and 4 shall be
1.0, 1.5, and 2.0 for all channels. The value of G for n=1 must be
determined based upon the characteristics of onboard solar and/or
lunar capabilities, and specified by channel, to avoid
saturation."
Insert the following sentences and table in place of the above
deleted sentence:
"The nominal G values for the gain settings n=1, 2, 3, and 4 shall
be based on the values in Table 2. These G values include those
required for onboard solar and lunar capabilities."
70
Contract NAS5-31350
Modification No. 3
Page 3
Table 2. Nominal G Values for Gain Settings n=1,2,3, and 4
----------------------------------------------------------
Band G,n=1 G,n=2 G,n=3 G,n=4
1 1 2 1.7 1.3
2 1 2 1.7 1.3
3 1 2 1.25 1.7
4 1 2 1.7 1.25
5 1 2 0.77 1.6
6 1 2 0.46 0.7
7 1 2 0.32 0.61
8 1 2 0.26 0.55
2. It is understood that the above changes are made without effect
upon the fixed price, schedule, or any other term or condition, of
this contract.
"End of Modification"
71
____________________________________________________________________________________________________________________________________
1. CONTRACT ID CODE PAGE OF PAGES
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 3
____________________________________________________________________________________________________________________________________
2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)
Four (4) JUL 07 1992
____________________________________________________________________________________________________________________________________
6. ISSUED BY CODE 289 7. ADMINISTERED BY (If other than item 6) CODE
_________________ _________________
National Aeronautics and Space Administration
Xxxxxxx Space Flight Center
Greenbelt Road
Greenbelt, MD 20771
____________________________________________________________________________________________________________________________________
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (x) 9A. AMENDMENT OF SOLICITATION NO.
Orbital Sciences Corporation _________________________________
Space Systems Division 9B. DATED (SEE ITEM 11)
14119-A Sullyfield Circle _____________________________________
P.O. Box 10840 10A. MODIFICATION OF CONTRACT/
Chantilly, Virginia 22022 ORDER NO.
NAS5-31350
X _________________________________
_______________________________________________________________________________________________ 10B. DATED (SEE ITEM 13)
CODE FACILITY CODE 3-29-91
________________________________________________________________________________
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
________________________________________________________________________________
[ ] The above numbered solicitation is amended as set forth in Item 14. The hour
and date specified for receipt of Offers [ ] is extended, [ ] is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date
specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning _____ copies of the amendment;
(b) By acknowledging receipt of this amendment on each copy of the offer
submitted; or (c) By separate letter or telegram which includes a reference to
the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE
RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND
DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this
amendment you desire to change an offer already submitted, such change may be
made by telegram or letter, provided each telegram or letter makes reference to
the solicitation and this amendment, and is received prior to the opening hour
and date specified.
--------------------------------------------------------------------------------
12. ACCOUNTING AND APPROPRIATION DATA (If required)
N/A B/NC: 253 PPC: KX
--------------------------------------------------------------------------------
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE
CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
--------------------------------------------------------------------------------
(x) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES
SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.
--------------------------------------------------------------------------------
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE
ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation
date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF
FAR 43.103(b).
--------------------------------------------------------------------------------
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
X Basic Contract Authority
--------------------------------------------------------------------------------
D. OTHER (Specify type of modification and authority)
--------------------------------------------------------------------------------
E. IMPORTANT: Contractor [ ] is not, [X] is required to sign this document
and return 4 copies to the issuing office.
--------------------------------------------------------------------------------
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings,
including solicitation/contract subject matter where feasible.)
This Supplemental Agreement modifies Clause B.3 Firm Fixed Price, to reflect
painting of the SeaStar spacecraft solar array panels by the Government.
Accordingly:
(See Page 2)
Except as provided herein, all terms and conditions of the document referenced
in item 9A and 10A, as heretofore changed, remains unchanged and in full force
and effect.
--------------------------------------------------------------------------------
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
Xxxxxxx X. Xxxx Xxxxxxx X. Xxxxxx
Manager, Contracts and Subcontracts
--------------------------------------------------------------------------------
15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED
06 JUL 92
/s/ Xxxxxxx X. Xxxx /s/ Xxxxxxx X. Xxxxxx
BY JUL 07 1992
---------------------------------------- ----------------------------------------
(Signature of person authorized to sign) (Signature of Contracting Officer)
--------------------------------------------------------------------------------
NSN 7540-01-152-8070 STANDARD FORM 30 (REV 10.83)
PREVIOUS EDITION UNUSABLE Prescribed by GSA
FAR (48 CFR) 53.243
72
Contract NAS5-31350
Modification No. 4
Page 2 of 3
1. The Government shall apply the thermal white coating to the SeaStar solar
array panels in accordance with the appropriate drawings. Orbital Science
Corporation shall provide the thermal white coating as required at time of
panel delivery to Xxxxxxx Space Flight Center and provide the appropriate
drawings per the following table:
SUBSTRATE PAINT & MASK NEED DATE/
ITEM PANEL NAME DRAWING NO. DRAWING NO. QTY. (PRIORITY)
---- ---------- ----------- ------------- ---- ----------
1 Solor Array E20025 E30011 5 4 by 7/30/92 (High)
Panel (Long) 1 by 8/21/92 (Low)
2 Side Solar E20030 E30030 3 2 by 7/30/92 (High)
Array Panel 1 by 8/21/92 (Low)
3 Extension E20028 E30028 5 4 by 7/30/92 (Med)
Solar Array 1 by 8/21/92 (Low)
Panel
The following Clause B.3--Firm Fixed Price--is modified to reflect a cost
savings to the Government in the amount of $6,000:
THE TOTAL FIRM FIXED PRICE OF THIS CONTRACT IS REDUCED FROM
$43,520,000 BY $6,000 TO $43,514,000.
Orbital Science Corporation is not relieved of any responsibility to comply with
the Deliverable Requirements, the Statement of Work, the Performance
Specifications, and the SeaStar Ocean Color Data System Description of the
contract as a result of the Government performing the work cited above. It is
understood that the above change is made without effect upon schedule or any
other term or condition of this contract.
73
Contract NAS5-31350
Modification No. 4
Page 3 of 3
2. Clause B.4--Payment Schedule--is revised as follows:
APPROX. AMOUNT ACCUM. CONTRACT
MILESTONE DATE $(M) $(M) FY MONTH
--------- -------- ------ ------- -- --------
Complete Spacecraft ETU
Integration and Test 1 Nov 92 $4.994 $26.994 93 20
Complete Spacecraft
Integration 1 Jan 93 $6.0 $32.994 93 22
Complete Spacecraft
System Testing 1 Apr 93 $0.57 $33.564 93 25
Pre-Ship Review 1 Jul 93 $3.0 $36.564 93 28
Release of Spacecraft
from Carrier Aircraft 1 Aug 93 $0.5 $37.064 93 29
*Launch Success 1 Aug 93 $0.5 $37.564 93 29
Initial Data
Certification 1 Dec 93 $3.0 $40.564 94 33
74
____________________________________________________________________________________________________________________________________
1. CONTRACT ID CODE PAGE OF PAGES
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 2
____________________________________________________________________________________________________________________________________
2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)
Five (5) DEC 16 1992 Block 14
____________________________________________________________________________________________________________________________________
6. ISSUED BY CODE 289 7. ADMINISTERED BY (If other than item 6) CODE
_________________ _________________
National Aeronautics and Space Administration
Xxxxxxx Space Flight Center
Greenbelt, MD 20771
____________________________________________________________________________________________________________________________________
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (x) 9A. AMENDMENT OF SOLICITATION NO.
Orbital Sciences Corporation _________________________________
Space Systems Division 9B. DATED (SEE ITEM 11)
14119-A Sullyfield Circle _____________________________________
P.O. Box 10840 10A. MODIFICATION OF CONTRACT/
Chantilly, VA 22022 ORDER NO.
NAS5-31350
_________________________________
_______________________________________________________________________________________________ X 10B. DATED (SEE ITEM 13)
CODE FACILITY CODE 3-29-91
________________________________________________________________________________
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
________________________________________________________________________________
[ ] The above numbered solicitation is amended as set forth in Item 14. The hour
and date specified for receipt of Offers [ ] is extended, [ ] is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date
specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning _____ copies of the amendment;
(b) By acknowledging receipt of this amendment on each copy of the offer
submitted; or (c) By separate letter or telegram which includes a reference to
the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE
RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND
DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this
amendment you desire to change an offer already submitted, such change may be
made by telegram or letter, provided each telegram or letter makes reference to
the solicitation and this amendment, and is received prior to the opening hour
and date specified.
________________________________________________________________________________
12. ACCOUNTING AND APPROPRIATION DATA (If required)
See Block 14
________________________________________________________________________________
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE
CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
________________________________________________________________________________
(x) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES
SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT/ORDER NO. IN ITEM 10A.
________________________________________________________________________________
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE
ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation
date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF
FAR 43.103(b).
________________________________________________________________________________
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
________________________________________________________________________________
D. OTHER (Specify type of modification and authority)
X This is a unilateral modification pursuant to the Limitation of Funds
(Fixed Price Contract) -- Clause I.11
________________________________________________________________________________
E. IMPORTANT: Contractor [XX] is not, [ ] is required to sign this document
and return _____ copies to the issuing office.
________________________________________________________________________________
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings,
including solicitation/contract subject matter where feasible.)
The purpose of this modification is to provide an additional allotment of funds
for continued performance of this contract.
Accordingly:
Except as provided herein, all terms and conditions of the document referenced
in item 9A or 10A, as heretofore changed, remains unchanged and in full force
and effect.
________________________________________________________________________________
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
Xxxxxxx X. Xxxxxx
________________________________________________________________________________
15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED
/s/ XXXXXXX X. XXXXXX
________________________________________ BY ________________________________________ DEC 16 1992
(Signature of person authorized to sign) (Signature of Contracting Officer)
________________________________________________________________________________
ISN 7540-01-152-8070 STANDARD FORM 30 (REV 10.83)
PREVIOUS EDITION UNUSABLE Prescribed by GSA
FAR (48 CFR) 53.243
75
Contract NAS5-31350
Modification No. 5
Page 2
1. Xxxxxx X.1--Accounting and Appropriation Data revise to include
the following:
PCN: 970-48232A(1C)
XXX: 970-438-01-00-01
APP: 803/40108(93)
OC: 97-2511
BLI: A702
AMT: $11,000,000
2. Xxxxxx X.11--Limitation of Funds (Fixed Price Contract) revise
as follows:
Paragraph (a) - Increase the total funds to this contract by
$11,000,000 FROM $22,000,000 TO $33,000,000.
Paragraph (c) - Change the period of allotment to extend from the
effective date of the contract through January 1, 1993.
76
____________________________________________________________________________________________________________________________________
1. CONTRACT ID CODE PAGE OF PAGES
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 2
____________________________________________________________________________________________________________________________________
2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)
(6) Jun 08 1993 See Block 12
____________________________________________________________________________________________________________________________________
6. ISSUED BY CODE 289 7. ADMINISTERED BY (If other than Item 6) CODE
_________________ _________________
National Aeronautics & Space Admin
Xxxxxxx Space Flight Center
Greenbelt Road
Greenbelt, MD 20771
____________________________________________________________________________________________________________________________________
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (x) 9A. AMENDMENT OF SOLICITATION NO.
Orbital Sciences Corporation _________________________________
Space Systems Division 9B. DATED (See Item 11)
21700 Atlantic Boulevard _________________________________
Dulles, VA 20166 10A. MODIFICATION OF CONTRACT/
ORDER NO. NAS5-31350
_________________________________
_______________________________________________________________________________________________ X 10B. DATED (See Item 13)
CODE FACILITY CODE 3-29-91
__________________________________________________________________________________
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
__________________________________________________________________________________
[ ] The above number solicitation is amended as set forth in Item 14. The hour
and date specified for receipt of Offers [ ] is extended, [ ] is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date
specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning _____ copies of the amendment;
(b) By acknowledging receipt of this amendment on each copy of the offer
submitted; or (c) By separate letter or telegram which includes a reference to
the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE
RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND
DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this
amendment you desire to change an offer already submitted, such change may be
made by telegram or letter, provided each telegram or letter makes reference to
the solicitation and this amendment, and is received prior to the opening hour
and date specified.
__________________________________________________________________________________
12. ACCOUNTING AND APPROPRIATION DATA (If required)
NC: 253, PCN: 970-48279A(1C), XXX: 970-438-01-00-01,
C: 97-2511, BLI: A702, AMT: $3,866,553, PPC: KX
__________________________________________________________________________________
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE
CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
__________________________________________________________________________________
(x) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES
SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT/ORDER NO. IN ITEM 10A.
__________________________________________________________________________________
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE
CHANGES (such as changes in paying office, appropriation date, etc.) SET
FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
__________________________________________________________________________________
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
__________________________________________________________________________________
D. OTHER (Specify type of modification and authority)
This is an unilateral modification entered into pursuant to the
Limitation of Funds Clause (52.232.22)
__________________________________________________________________________________
IMPORTANT: Contractor [X] is not, [ ] is required to sign this document and
return ___ copies to the issuing office.
__________________________________________________________________________________
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings,
including solicitation/contract subject matter where feasible.)
The purpose of this modification provides an additional allotment of funds for
continued performance under this contract.
Accordingly:
Except as provided herein, all terms and conditions of the document referenced
in item 9A and 10A, as heretofore changed, remains unchanged and in full force
and effect.
______________________________________________________________________________________________________________________________
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
Contracting Officer
_______________________________________________________________________________________________________________________________
15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED
BY [SIGNATURE]
________________________________________ ________________________________________ JUN 08 1993
(Signature of person authorized to sign) (Signature of Contracting Officer)
_______________________________________________________________________________________________________________________________
NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (Rev. 10-83)
PREVIOUS EDITION UNUSABLE Prescribed by GSA
FAR (48CFR) 53.243
77
Contract NAS5-31350
Modification No. 6
Page 2
1. Xxxxxx X.1--Accounting and Appropriation Data revise to include
the following:
PCN: 970-48279A(1C)
XXX: 970-438-01-00-01
APP: 803/40108(93)
OC: 97-2511
BLI: A702
AMT: $3,866,553
2. Xxxxxx X.11--Limitation of Funds (Fixed Price Contract) revise
as follows:
Paragraph (a) - Increase the total funds to this contract by
$3,866,553 from $33,000,000 to $36,866,533.
Paragraph (c) - Change the period of allotment to extend from the
effective date of the contract through August 15, 1993.
78
____________________________________________________________________________________________________________________________________
1. CONTRACT ID CODE PAGE OF PAGES
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 2
____________________________________________________________________________________________________________________________________
2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)
Seven (7) Aug. 20 1993 See Block 14
____________________________________________________________________________________________________________________________________
6. ISSUED BY CODE 289 7. ADMINISTERED BY (If other than item 6) CODE
_________________ _________________
National Aeronautics and Space Administration
Xxxxxxx Space Flight Center
Greenbelt Road
Greenbelt, MD 20771
____________________________________________________________________________________________________________________________________
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (x) 9A. AMENDMENT OF SOLICITATION NO.
Orbital Sciences Corporation _________________________________
Space Systems Division 9B. DATED (SEE ITEM 11)
21700 Atlantic Boulevard _____________________________________
Dulles, VA 20166 10A. MODIFICATION OF CONTRACT/
ORDER NO. NAS5-31350
_________________________________
_______________________________________________________________________________________________ X 10B. DATED (SEE ITEM 13)
CODE FACILITY CODE 3-29-91
________________________________________________________________________________
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
________________________________________________________________________________
[ ] The above numbered solicitation is amended as set forth in Item 14. The hour
and date specified for receipt of Offers [ ] is extended, [ ] is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date
specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning _____ copies of the amendment;
(b) By acknowledging receipt of this amendment on each copy of the offer
submitted; or (c) By separate letter or telegram which includes a reference to
the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE
RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND
DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this
amendment you desire to change an offer already submitted, such change may be
made by telegram or letter, provided each telegram or letter makes reference to
the solicitation and this amendment, and is received prior to the opening hour
and date specified.
________________________________________________________________________________
12. ACCOUNTING AND APPROPRIATION DATA (If required)
BNC:253 See Block 14 PPC: KX
________________________________________________________________________________
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE
CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
________________________________________________________________________________
(x) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES
SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.
________________________________________________________________________________
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE
ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation
date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF
FAR 43.103(b).
________________________________________________________________________________
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
________________________________________________________________________________
D. OTHER (Specify type of modification and authority)
This unilateral modification is entered into pursuant to the Limitation
X of Funds Clause (52.232.22)
________________________________________________________________________________
E. IMPORTANT: Contractor [X] is not, [ ] is required to sign this document
and return ___ copies to the issuing office.
________________________________________________________________________________
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings,
including solicitation/contract subject matter where feasible.)
The purpose of this modification is to provide an additional allotment of funds
for continued performance under this contract.
Accordingly:
Except as provided herein, all terms and conditions of the document referenced
in item 9A and 10A, as heretofore changed, remains unchanged and in full force
and effect.
________________________________________________________________________________
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
Xxxxxxx X. Xxxxxx
________________________________________________________________________________
15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED
/s/ Xxxxxxx X. Xxxxxx
________________________________________ BY ________________________________________ AUG 20 1993
(Signature of person authorized to sign) (Signature of Contracting Officer)
________________________________________________________________________________
NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV 10-83)
PREVIOUS EDITION UNUSABLE Prescribed by GSA
FAR (48CFR) 53.243
79
Contract NAS5-31350
Modification No. 7
Page 2
1. Xxxxxx X.1--ACCOUNTING AND APPROPRIATION DATA is revised to include the
following:
PCN: 970-48300A(1C)
XXX: 970-438-01-00-01
APP: 803/40108(93)
OC: 97-2511
BLI: A703
AMT: $670,000
2. Xxxxxx X.11-LIMITATION OF FUNDS (FIXED PRICE CONTRACT) revise as follows:
Paragraph (a) - Increase the total funds to this contract by $670,000 from
$36,866,533 to $37,536,533.
Paragraph (c) - change the period of allotment to extend from the effective
date of the contract through September 30, 1993.
80
____________________________________________________________________________________________________________________________________
1. CONTRACT ID CODE PAGE OF PAGES
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 4
____________________________________________________________________________________________________________________________________
2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)
Eight (8) Aug. 05 1993
____________________________________________________________________________________________________________________________________
6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE
_________________ _________________
NASA/Xxxxxxx Space Flight Center
Earth Sciences Procurement Office
Greenbelt Road
Greenbelt MD 20771
____________________________________________________________________________________________________________________________________
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (x) 9A. AMENDMENT OF SOLICITATION NO.
Orbital Sciences Corporation _________________________________
14119-A Sullyfield Circle 9B. DATED (See Item 11)
P.O. Box 10840 _________________________________
Chantilly, Virginia 22022 10A. MODIFICATION OF CONTRACT/
ORDER NO.
NAS5-31350
Attn: Xxxxxxx X. Xxxx _________________________________
_______________________________________________________________________________________________ X 10B. DATED (See Item 13)
CODE FACILITY CODE July 7, 1992
____________________________________________________________________________________________________________________________________
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
____________________________________________________________________________________________________________________________________
[ ] The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers [ ] is
extended, [ ] is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by
one of the following methods:
(a) By completing Items 8 and 15, and returning _____ copies of the amendment; (b) By acknowledging receipt of this amendment on
each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment
numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND
DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already
submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and
this amendment, and is received prior to the opening hour and date specified.
____________________________________________________________________________________________________________________________________
12. ACCOUNTING AND APPROPRIATION DATA (If required)
Not Applicable
____________________________________________________________________________________________________________________________________
13. THIS ITEM ONLY APPLIES TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
____________________________________________________________________________________________________________________________________
(x) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE
CONTRACT/ORDER NO. IN ITEM 10A. FAR 52.243-1--Changes--Fixed Price
____________________________________________________________________________________________________________________________________
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office,
appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
____________________________________________________________________________________________________________________________________
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
____________________________________________________________________________________________________________________________________
D. OTHER (Specify type of modification and authority)
____________________________________________________________________________________________________________________________________
E. IMPORTANT: Contractor [ ] is not, [X] is required to sign this document and return 3 copies to the issuing office.
____________________________________________________________________________________________________________________________________
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where
feasible.)
See page 2.
Except as provided herein, all terms and conditions of the document referenced in Item 9A and 10A, as heretofore changed, remains
unchanged and in full force and effect.
____________________________________________________________________________________________________________________________________
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
R.E. Xxxxxxxxx Xxxxxxx X. Xxxxxx
Director, Contracts and Procurement Contracting Officer
____________________________________________________________________________________________________________________________________
15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED
/S/ R.E. Xxxxxxxxx 8/24/93 BY /s/ Xxxxxxx X. Xxxxxx
________________________________________ ________________________________________
(Signature of person authorized to sign) (Signature of Contracting Officer)
____________________________________________________________________________________________________________________________________
NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83)
PREVIOUS EDITION UNUSABLE Prescribed by GSA
FAR (48CFR) 53.243
81
SF30 (cont'd) Contract NAS5-31350 Modification Eight (8)
The purpose of this modification is to make changes to the current contract
pursuant to the Changes clause (52.243-1--Changes-Fixed Price).
Therefore:
1) Clause B.4--Payment Schedule is revised as follows:
Approx. Amt Accum. Contract
Milestone Date $(M) $(M) FY Month
--------- ------ ---- ------ -- --------
Evidence of binding
Financial commitment 4/1/91 $9.0 $9.0 91 1
Preliminary Design
Review 12/1/91 $6.0 $15.0 92 9
Award Rocket Motors 12/1/91 $6.0 $21.0 92 9
Critical Design Review 3/1/92 $1.0 $22.0 92 12
Complete Spacecraft ETU
Integration and Test 1/93 $5.0 $27.0 93 20
Instrument pre-ship
and review 08/93 $3.0 $30.0 93 29
Instrument deliv. 12/93 $3.0 $33.0 94 33
Spacecraft integration 01/94 $2.0 $35.0 94 34
System Test 04/94 $1.10 $36.1 94 37
Spacecraft pre-ship 05/94 $1.0 $37.1 94 38
Release of instrument
from spacecraft 06/94 $0.75 $37.85 94 39
*Launch success 07/94 $0.75 $38.6 94 40
Data Acceptance 10/94 $3.0 $41.6 95 43
Monthly data 11/94 - 10/99 $ .032 $43.52 95-99 44
2) Clause F.1--Delivery Schedule. Items 1 and 2 "Schedule" is revised as
follows:
To begin no later than 43 months after effective date of contract and continue
thereafter in accordance with the SOW.
3) Clause I.7--Progress Payments (a) is revised as follows:
a. Progress payments, for the deliverable requirements described in Clause B.2,
shall be made to the Contractor in accordance with the following schedule:
Approx. Amt Accum. Contract
Milestone Date $(M) $(M) FY Month
--------- ------ ---- ------ -- --------
Evidence of binding
Financial commitment 4/1/91 $9.0 $9.0 91 1
Preliminary Design
Review 12/1/91 $6.0 $15.0 92 9
Page 2
82
SF30 (cont'd) Contract NAS5-31350 Modification Eight (8)
Approx. Amt Accum. Contract
Milestone Date $(M) $(M) FY Month
--------- ------ ---- ------ -- --------
Award Rocket Motors 12/1/91 $6.0 $21.0 92 9
Critical Design Review 3/1/92 $1.0 $22.0 92 12
Complete Spacecraft ETU
Integration and Test 1/93 $5.0 $27.0 93 20
Instrument pre-ship
and review 08/93 $3.0 $30.0 93 29
Instrument deliv. 12/93 $3.0 $33.0 94 33
Spacecraft integration 01/94 $2.0 $35.0 94 34
System Test 04/94 $1.10 $36.1 94 37
Spacecraft pre-ship 05/94 $1.0 $37.1 94 38
Release of instrument
from spacecraft 06/94 $0.75 $37.85 94 39
*Launch success 07/94 $0.75 $38.6 94 40
Data Acceptance 10/94 $3.0 $41.6 95 43
Monthly data 11/94 - 10/99 $ .032 $43.52 95-99 44
4) Clause J.1--Attachment B, Section 5.0--Performance Specifications are added
as follows:
"The following modifications to the SEAWiFs instrument to reduce the effects of
stray light and Bright Target Recovery to acceptable levels shall be
implemented as follows:
1. The polarization scrambler shall be reworked or replaced in order to reduce
along-track ghost effects. This effort shall consist of tilting the scrambler
front surface to attempt to move along-track ghost images into alignment with
the primary image. Replacement of the scrambler with a plane mirror (thus
increasing polarization sensitivity) would be acceptable if the scrambler
modification proves not to be feasible.
2. Internal BG26 and BG39 filters shall be tilted with a goal of reducing
along scan ghost effects to less than 0.2% of bright target radiance at 5
pixels from the edge of bright targets.
3. Electronic bright target recovery effects shall be reduced by modification
of the A/D convertor offset circuits.
4. Instrument radiometric response functions shall be modified with a goal of
resolving bright target radiance in all spectral bands for all science gains
using a bilinear response approach. This reduces the sensitivity of one
detector channel of each spectral band, in order to aid ground processing
reduction of remaining stray light effects. Three detectors for each band shall
have a saturation radiance defined by the maximum science radiance defined by
the maximum science radiance column of Table 1 below. The remaining detector
shall have a saturation radiance defined by the maximum cloud radiance column
of Table 1. Science gains 2, 3, and 4 shall be adjustable by the target ratios
specified in Table 1 (adjustments to conform with available resistors are
acceptable). The cloud channel gain shall be constant with gain choice. Table 1
below provides
Page 3
83
SF30 (cont'd) Contract NAS5-31350 Modification Eight (8)
changes to Table 1. Attachment B of Section J, Part 2.1: and Tables 1 and 2
of Modification Three to this contract.
Maximum Science Maximum Cloud
Radiance Radiance
Spectral [mW/cm(2) sr [mW/cm(2) sr Science Science Science Science
Band **** **** Gain 1 Gain 2 Gain 3 Gain 4
-------- -------------- -------------- ------- ------- ------- -------
1 10.84 60.02 1 2 1.30 1.70
2 10.46 66.24 1 2 1.30 1.70
3 8.19 68.17 1 2 0.90 1.70
4 7.05 65.62 1 2 0.79 1.70
5 5.74 65.16 1 2 0.72 1.60
6 3.21 53.78 1 2 0.38 0.66
7 2.29 42.95 1 2 0.32 0.58
8 1.62 34.05 1 2 0.26 0.50
5. The Instrument transient response to bright targets shall be characterized
by performing the following measurements, at a minimum:
a. measurement of the response of the instrument at two overdrive levels with
three different slit widths, 1, 3, and 10 pixels (10 pixels tall in
cross-track), for all 8 bands, 4:1 TDI, and
b. measurement of the response of the instrument to a one pixel wide slit,
3 pixels tall, at five along track positions, for one band, 4:1 TDI.
6. The IFOV at nadir and zero tilt specification in 2.2.1 of Performance
Specifications shall be 1 + 0.21 kilometer.
In addition, the following shall be accomplished in order to screen GAC data
for effects of bright targets which are not sampled in the GAC stream:
The Contractor will attempt to provide a one bit cloud mask based on a single
channel and threshold value. This mask, but not the GAC science data, can be
compressed without risk. Compression ratios of much greater than 100:1 should
enable the mask to be inserted in the header without affecting the GAC data
format structure. If the selection of the particular channel and count
threshold cannot be commanded from the ground, GSFC will provide a
recommendation for a fixed channel and threshold."
5) The Contractor hereby releases the Government from any and all liability
under this contract for past, present, and future equitable adjustments
attributable to such facts or circumstances giving rise to this change order.
All other terms and conditions of the contract remain unchanged as a result of
this modification.
6) This bilateral change order constitutes a complete and final settlement and
equitable adjustment at no cost to the subject contract.
Page 4
84
____________________________________________________________________________________________________________________________________
1. CONTRACT ID CODE PAGE OF PAGES
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 3
____________________________________________________________________________________________________________________________________
2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)
Nine (9) 1993 See Block 14
____________________________________________________________________________________________________________________________________
6. ISSUED BY CODE 289 7. ADMINISTERED BY (If other than Item 6) CODE
_________________ _________________
National Aeronautics and Space Administration
Xxxxxxx Space Flight Center
Greenbelt, MD 20771
____________________________________________________________________________________________________________________________________
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (x) 9A. AMENDMENT OF SOLICITATION NO.
Orbital Sciences Corporation _________________________________
14119 Sullyfield Circle 9B. DATED (SEE ITEM 11)
P.O. Box 10840 ____________________________________
Chantilly, Virginia 22021 10A. MODIFICATION OF CONTRACT/
ORDER NO.
NAS5-31350
_________________________________
_______________________________________________________________________________________________ X 10B. DATED (SEE ITEM 13)
CODE FACILITY CODE 7/7/92
________________________________________________________________________________
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
________________________________________________________________________________
[ ] The above numbered solicitation is amended as set forth in Item 14. The hour
and date specified for receipt of Offers [ ] is extended, [ ] is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date
specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning _____ copies of the amendment;
(b) By acknowledging receipt of this amendment on each copy of the offer
submitted; or (c) By separate letter or telegram which includes a reference to
the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE
RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND
DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this
amendment you desire to change an offer already submitted, such change may be
made by telegram or letter, provided each telegram or letter makes reference to
the solicitation and this amendment, and is received prior to the opening hour
and date specified.
________________________________________________________________________________
12. ACCOUNTING AND APPROPRIATION DATA (If required)
BNC: 253 See Block 14 PPC: KX
________________________________________________________________________________
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE
CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
________________________________________________________________________________
(x) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES
SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT/ORDER NO. IN ITEM 10A.
________________________________________________________________________________
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE
ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation
date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF
FAR 43.103(b).
________________________________________________________________________________
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
X Clause B.3, B.4, G.1, I.11 and Basic Contract
________________________________________________________________________________
D. OTHER (Specify type of modification and authority)
X
________________________________________________________________________________
E. IMPORTANT: Contractor [ ] is not, [X] is required to sign this document
and return 4 copies to the issuing office.
________________________________________________________________________________
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings,
including solicitation/contract subject matter where feasible.)
The purpose of this modification is to provide an additional allotment of funds
for continued performance of this contract. This modification also contains a
reduction in the firm fixed price of the contract and makes an administrative
change to the contract.
Accordingly:
Except as provided herein, all terms and conditions of the document referenced
in Item 9A and 10A, as heretofore changed, remains unchanged and in full force
and effect.
________________________________________________________________________________
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
R.E. Xxxxxxxxx Xxxxxxx X. Xxxxxx
---------------------------------------- ---------------------------
Director of Contracts Contracting Officer
________________________________________________________________________________
15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED
12/14/93
/s/ R.E. XXXXXXXXX /s/ XXXXXXX X. XXXXXX
________________________________________ BY ________________________________________ DEC 16, 1993
(Signature of person authorized to sign) (Signature of Contracting Officer)
________________________________________________________________________________
NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV 10.83)
PREVIOUS EDITION UNUSABLE Prescribed by GSA
FAR (48 CFR) 53.243
85
Contract NAS5-31350
Modification No. 9
Page 2
1. The Government shall perform the Solar Array Thermal Vac Set-up, Solar
Array Thermal Vac Testing, and Verification Support for the Seastar spacecraft.
Orbital Sciences Corporation shall provide the flight hardware and engineers to
oversee and monitor the testing procedures. NASA/Xxxxxxx Space Flight Center
also shall provide the testing facilities.
2. Clause B.3--Firm Fixed Price is modified to reflect a cost savings to the
Government of $31,919 as follows:
The total firm fixed price of this contract is reduced by $31,919 from
$43,514,000 to $43,482,081.
3. Xxxxxx X.4--Payment Schedule is revised as follows:
Approx. Contract
Milestone Date Amt ($M) Accum. ($m) FY Month
---------- ------ --------- ----------- -- ---------
Instrument 12/93 $2.968081 $30.0 94 33
Delivery
4. Orbital Sciences Corporation is not relieved of any responsibility to
comply with the Deliverable Requirements, the Statement of Work, the Performance
Specifications, and the Seastar Ocean Color Data System Description of the
contract as a result of the Government performing the work cited above. It is
understood that the above change is made without effect upon the schedule or
any other term or condition of this contract.
5. Modification Number 8, Clause B.4--Payment Schedule and Clause
I.7--Progress Payments is revised as follows:
The title of the milestone "Release of Instrument from Spacecraft" is revised to
read "Release of Spacecraft from Carrier Aircraft."
6. Xxxxxx X.1--Accounting and Appropriation Data is revised to include the
following:
PCN: 970-90117A(1C)
XXX: 970-438-01-00-01
APP: 803/40108(93)
OC: 97-2511
BLI: A704
AMT: $33,447
86
Contract NAS5-31350
Modification No.9
Page 3
7. Xxxxxx X.11 -- limitation of funds (FIXED PRICE CONTRACT) is revised as
follows:
Paragraph (a) - Increase the total funds to this contract by $33,447 from
$37,536,553 to $37,570,000.
Paragraph (c) - change the period of allotment to extend from the effective date
of the contract through December 15, 1993.
87
____________________________________________________________________________________________________________________________________
1. CONTRACT ID CODE PAGE OF PAGES
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 2
____________________________________________________________________________________________________________________________________
2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)
Ten (10) Mar 14 1994 See Block 14
____________________________________________________________________________________________________________________________________
6. ISSUED BY CODE 289 7. ADMINISTERED BY (If other than Item 6) CODE
_________________ _________________
NASA/Xxxxxxx Space Flight Center
Greenbelt Road
Greenbelt, MD 20771
____________________________________________________________________________________________________________________________________
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (x) 9A. AMENDMENT OF SOLICITATION NO.
Orbital Sciences Corporation _________________________________
00000 Xxxxxxxx Xxxxxxxxx 0X. DATED (SEE ITEM 11)
Dulles, VA 21066 _____________________________________
10A. MODIFICATION OF CONTRACT/
ORDER NO.
NAS5-31350
_________________________________
_______________________________________________________________________________________________ X 10B. DATED (SEE ITEM 13)
CODE FACILITY CODE 3-29-91
________________________________________________________________________________
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
________________________________________________________________________________
[ ] The above numbered solicitation is amended as set forth in Item 14. The hour
and date specified for receipt of Offers [ ] is extended, [ ] is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date
specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning _____ copies of the amendment;
(b) By acknowledging receipt of this amendment on each copy of the offer
submitted; or (c) By separate letter or telegram which includes a reference to
the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE
RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND
DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this
amendment you desire to change an offer already submitted, such change may be
made by telegram or letter, provided each telegram or letter makes reference to
the solicitation and this amendment, and is received prior to the opening hour
and date specified.
________________________________________________________________________________
12. ACCOUNTING AND APPROPRIATION DATA (If required)
BNC: 253 See Block 14 PPC: KX
________________________________________________________________________________
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE
CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
________________________________________________________________________________
(x) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES
SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT/ORDER NO. IN ITEM 10A.
________________________________________________________________________________
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRA-
TIVE CHANGES (such as changes in paying office, appropriation date, etc.)
SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
________________________________________________________________________________
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
________________________________________________________________________________
D. OTHER (Specify type of modification and authority)
X This unilateral modification is entered into pursuant to the
Limitation of Funds Clause (52.232-22)
________________________________________________________________________________
E. IMPORTANT: Contractor [X] is not, [ ] is required to sign this document
and return ____ copies to the issuing office.
________________________________________________________________________________
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings,
including solicitation/contract subject matter where feasible.)
The purpose of this modification is to provide an additional allotment of funds
for continued performance of this contract.
Accordingly:
Except as provided herein, all terms and conditions of the document referenced
in Item 9A and 10A, as heretofore changed, remains unchanged and in full force
and effect.
________________________________________________________________________________
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
Xxxxxxx X. Xxxxxx
________________________________________ Contracting Officer
Contractor/Offeror
________________________________________________________________________________
15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED
BY /s/ Xxxxxxx X. Xxxxxx MAR 14 1994
________________________________________ ________________________________________
(Signature of person authorized to sign) (Signature of Contracting Officer)
________________________________________________________________________________
NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (Rev. 10-83)
PREVIOUS EDITION UNUSABLE Prescribed by GSA
FAR (48CFR) 53.243
88
Contract NAS5-31350
Modification No. 10
Page 2
1. Xxxxxx X.1--Accounting and Appropriation Data is revised to include the
following:
PCN: 970-90126A(1C)
XXX: 970-438-01-00-01
APP: 804/50108(93)
OC: 97-2511
BLI: A701
AMT: $1,030,000
2. Xxxxxx X.11-Limitation of Funds (FIXED PRICE CONTRACT) is revised as follows:
Paragraph (a) - Increase the total funds to this contract by $1,030,000 from
$37,570,000 to $38,600,000.
Paragraph (c) - change the period of allotment to extend from the effective
date of the contract through March 31, 1994.
89
OMB Approval Number 2700-0042
____________________________________________________________________________________________________________________________________
1. CONTRACT ID CODE PAGE OF PAGES
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 2
____________________________________________________________________________________________________________________________________
2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)
Eleven (11) SEP 22 1994 See Block 14
____________________________________________________________________________________________________________________________________
6. ISSUED BY CODE 289 7. ADMINISTERED BY (If other than Item 6) CODE
_________________ _________________
NASA/Xxxxxxx Space Flight Center
Greenbelt Road
Greenbelt, MD 20771
____________________________________________________________________________________________________________________________________
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (x) 9A. AMENDMENT OF SOLICITATION NO.
___
Orbital Sciences Corporation _________________________________
00000 Xxxxxxxx Xxxxxxxxx 0X. DATED (SEE ITEM 11)
Dulies, VA 21066 _____________________________________
10A. MODIFICATION OF CONTRACT/
ORDER NO. NAS5-31350
_________________________________
_______________________________________________________________________________________________ X 10B. DATED (SEE ITEM 13)
CODE FACILITY CODE March 29, 1991
________________________________________________________________________________
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
________________________________________________________________________________
[ ] The above numbered solicitation is amended as set forth in Item 14. The hour
and date specified for receipt of Offers [ ] is extended, [ ] is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date
specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning _____ copies of the amendment;
(b) By acknowledging receipt of this amendment on each copy of the offer
submitted; or (c) By separate letter or telegram which includes a reference to
the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE
RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND
DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this
amendment you desire to change an offer already submitted, such change may be
made by telegram or letter, provided each telegram or letter makes reference to
the solicitation and this amendment, and is received prior to the opening hour
and date specified.
________________________________________________________________________________
12. ACCOUNTING AND APPROPRIATION DATA (If required)
BNC: 253 See Block 14 PPC: KX
________________________________________________________________________________
13. THIS ITEM ONLY APPLIES TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE
CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
________________________________________________________________________________
(x) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES
SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT/ORDER NO. IN ITEM 10A.
________________________________________________________________________________
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE
X ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation
date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF
FAR 43.103(b).
________________________________________________________________________________
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
________________________________________________________________________________
X D. OTHER (Specify type of modification and authority)
This unilateral modification is entered into pursuant to the Limitation
of Funds clause of this contract. (52.232-22)
________________________________________________________________________________
E. IMPORTANT: Contractor [X] is not, [ ] is required to sign this document
and return ____ copies to the issuing office.
________________________________________________________________________________
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings,
including solicitation/contract subject matter where feasible.)
The purpose of this modification is to provide an additional allotment of funds
for continued performance of this contract. This modification also makes an
administrative change to Clauses I.7 and I.11.
Accordingly:
Accept as provided herein, all terms and conditions of the document referenced
in Item 9A and 10A, as heretofore changed, remains unchanged and in full force
and effect.
________________________________________________________________________________
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
Xxxxxxx X. Xxxxxx
________________________________________ Contracting Officer
Contractor/Offeror
________________________________________________________________________________
15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED
/s/ Xxxxxxx X. Xxxxxx
________________________________________ BY ________________________________________ SEP 22 1994
(Signature of person authorized to sign) (Signature of Contractng Officer)
________________________________________________________________________________
NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV 10.83)
PREVIOUS EDITION UNUSABLE Prescribed by GSA
FAR (48 CFR) 53.243
90
Contract NAS5-31350
Modification No. 11
Page 2
1. Xxxxxx X.1--Accounting and Appropriation Data is revised to include the
following:
PCN: 970-90217A(1C)
XXX: 970-438-01-00-01
APP: 804/50108(94)
OC: 97-2511
BLI: A702
AMT: $2,170,000
2. Xxxxxx X.7--Progress payments is revised as follows:
APPROX. CONTRACT
MILESTONE DATE AMT($M) ACCUM.($M) FY MONTH
--------- ------- ------- ---------- -- --------
Instrument 12/93 $2.968081 $30.0 94 33
Delivery
3. Xxxxxx X.11--Limitation of Funds (FIXED PRICE CONTRACT) is revised as
follows:
Paragraph (a) - Increase the total fund to this contract by $2,170,000 from
$38,600,000 to $40,770,000.
The Schedule for Allotment of Funds - Change the allotment amounts as follows:
Date Amounts
---- -------
November 15, 1992 $15,564,000
November 15, 1994 $ 568,081
Paragraph (c) - Change the period of allotment to extend from the effective
date of the contract through September 30, 1995.
91
National Aeronautics and [LOGO]
Space Administration
XXXXXXX SPACE FLIGHT CENTER
Greenbelt, MD 20771
September 22, 1994
Reply to Attn of:
289
Orbital Sciences Corporation
00000 Xxxxxxxx Xxxxxxxxx
Xxxxxx, XX 00000
Subject: Contract NAS5-31350, Modification No. 11.
Enclosed is a fully executed copy of the subject document.
Please acknowledge receipt of enclosure on the duplication
copy of this letter and return to the undersigned at Code
289.
Xxxxxx Xxxxxxxx
Contract Specialist
-------------------------------
Signature
-------------------------------
Date
92
OMB Approval Number 2700-0042
____________________________________________________________________________________________________________________________________
1. CONTRACT ID CODE PAGE OF PAGES
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 2
____________________________________________________________________________________________________________________________________
2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)
Twelve (12) Dec 5 1994 See Block 14
____________________________________________________________________________________________________________________________________
6. ISSUED BY CODE 289 7. ADMINISTERED BY (If other than Item 6) CODE
_________________ _________________
NASA/Xxxxxxx Space Flight Center
Greenbelt Road
Greenbelt, MD 20771
____________________________________________________________________________________________________________________________________
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (x) 9A. AMENDMENT OF SOLICITATION NO.
Orbital Sciences Corporation _________________________________
00000 Xxxxxxxx Xxxxxxxxx 0X. DATED (See Item 11)
Dulles, VA 21066 _____________________________________
10A. MODIFICATION OF CONTRACT/
ORDER NO. NAS5-31350
_________________________________
______________________________________________________________________________________________ X 10B. DATED (See Item 13)
CODE FACILITY CODE March 29, 1991
________________________________________________________________________________
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
________________________________________________________________________________
[ ] The above number solicitation is amended as set forth in Item 14. The hour
and date specified for receipt of Offers [ ] is extended, [ ] is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date
specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning _____ copies of the amendment;
(b) By acknowledging receipt of this amendment on each copy of the offer
submitted; or (c) By separate letter or telegram which includes a reference to
the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE
RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND
DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this
amendment you desire to change an offer already submitted, such change may be
made by telegram or letter, provided each telegram or letter makes reference to
the solicitation and this amendment, and is received prior to the opening hour
and date specified.
________________________________________________________________________________
12. ACCOUNTING AND APPROPRIATION DATA (If required)
BNC: 253 See Block 14 PPC: KX
________________________________________________________________________________
13. THIS ITEM APPLIES TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE
CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
________________________________________________________________________________
(x) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES
SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT/ORDER NO. IN ITEM 10A.
________________________________________________________________________________
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE
X ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation
data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF
FAR 43.103(b).
________________________________________________________________________________
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
________________________________________________________________________________
D. OTHER (Specify type of modification and authority)
X This unilateral modification is entered into pursuant to the Limitation
of Funds clause of this contract. (52.232-22)
________________________________________________________________________________
IMPORTANT: Contractor [X] is not, [ ] is required to sign this document and
return ____ copies to the issuing office.
________________________________________________________________________________
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings,
including solicitation/contract subject matter where feasible.)
The purpose of this modification is to provide an additional allotment of funds
for continued performance of this contract.
Accordingly:
(See Page 2)
Accept as provided herein, all terms and conditions of the document referenced
in Item 9A and 10A, as heretofore changed, remains unchanged and in full force
and effect.
________________________________________________________________________________
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
Xxxxxxx X. Xxxxxx
________________________________________ Contracting Officer
Contractor/Offender
________________________________________________________________________________
15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED
BY /s/ XXXXXXX X. XXXXXX
________________________________________ ________________________________________ Dec 5 1994
(Signature of person authorized to sign) (Signature of Contracting Officer)
________________________________________________________________________________
NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV 10.83)
PREVIOUS EDITION UNUSABLE Prescribed by GSA
FAR (48 CFR) 53.243
93
Contract NAS5-31350
Modification No. 12
Page 2
1. Xxxxxx X.1--Accounting and Appropriation Data is revised to include the
following:
PCN: 970-22524A(1C) PCN: 970-22524B(1C)
XXX: 970-438-01-00-01 XXX: 970-463-11-01-01
APP: 804/50108(94) APP: 804/50108(94)
OC: 97-2511 OC: 97-2511
BLI: A703 BLI: A702
AMT: $644,400 AMT: $377,739
PCN: 970-22524A(1C) PCN: 970-22524B(1C)
XXX: 976-579-11-05-01 XXX: 970-438-01-00-02
APP: 804/50108(94) APP: 804/50108(94)
OC: 97-2511 OC: 97-2511
BLI: A701 BLI: A715
AMT: $3,339 AMT: $2,000
TOTAL: $1,027,478
2. Xxxxxx X.11--Limitation of Funds (FIXED PRICE CONTRACT) is revised as
follows:
Paragraph (a) - Increase the total fund to this contract by $1,027,478 from
$40,770,000 to $41,797,478.
Paragraph (c) - Change the period of allotment to extend from the effective
date of the contract through December 31, 1995.
94
National Aeronautics and
Space Administration
[LOGO]
XXXXXXX SPACE FLIGHT CENTER
Greenbelt, MD 20771
December 5, 1994
Reply to Attn of:
289
Orbital Sciences Corporation
00000 Xxxxxxxx Xxxxxxxxx
Xxxxxx, XX 00000
Subject: Contract NAS5-31350, Modification No. 12.
Enclosed is a fully executed copy of the subject document.
Please acknowledge receipt of enclosure on the duplication
copy of this letter and return to the undersigned at Code
289.
Xxxxxx Xxxxxxxx
Contract Specialist
--------------------------
Signature
--------------------------
Date
95
OMB Approval Number 2700-0042
------------------------------------------------------------------------------------------------------------------------------------
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES
1 2
------------------------------------------------------------------------------------------------------------------------------------
2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)
Thirteen (13) Jan. 19 1995 See Block 14
------------------------------------------------------------------------------------------------------------------------------------
6. ISSUED BY CODE 289 7. ADMINISTERED BY (If other than Item 6) CODE
_________________ _________________
NASA/Gooddard Space Flight Center
Greenbelt Road
Greenbelt, MD 20771
------------------------------------------------------------------------------------------------------------------------------------
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (x) 9A. AMENDMENT OF SOLICITATION NO.
Orbital Sciences Corporation _________________________________
00000 Xxxxxxxx Xxxxxxxxx 0X. DATED (SEE ITEM 11)
Dulles, VA 21066 _____________________________________
10A. MODIFICATION OF CONTRACT/
ORDER NO.
NAS5-31350
_________________________________
_______________________________________________________________________________________________ X 10B. DATED (SEE ITEM 13)
CODE FACILITY CODE March 29, 1991
------------------------------------------------------------------------------------------------------------------------------------
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
------------------------------------------------------------------------------------------------------------------------------------
[ ] The above numbered solicitation is amended as set forth in Item 14. The hour
and date specified for receipt of Offers [ ] is extended, [ ] is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date
specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning _____ copies of the amendment;
(b) By acknowledging receipt of this amendment on each copy of the offer
submitted; or (c) By separate letter or telegram which includes a reference to
the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE
RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND
DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this
amendment you desire to change an offer already submitted, such change may be
made by telegram or better, provided each telegram or letter makes reference to
the solicitation and this amendment, and is received prior to the opening hour
and date specified.
________________________________________________________________________________
12. ACCOUNTING AND APPROPRIATION DATA (If required)
BNC: 253 See Block 14 PPC: KX
________________________________________________________________________________
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE
CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
________________________________________________________________________________
(x) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES
SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT/ORDER NO. IN ITEM 10A.
________________________________________________________________________________
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE
ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation
date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF
FAR 43.03(b).
________________________________________________________________________________
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
________________________________________________________________________________
D. OTHER (Specify type of modification and authority)
X This unilateral modification is entered into pursuant to the Limitation
of Funds clause of this contract. (52.232-22)
________________________________________________________________________________
E. IMPORTANT: Contractor [X] is not, [ ] is required to sign this document
and return ______ copies to the issuing office.
________________________________________________________________________________
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings,
including solicitation/contract subject matter where feasible.)
The purpose of this modification is to provide an additional allotment of funds
for continued performance of this contract.
Accordingly:
Except as provided herein, all terms and conditions of the document referenced
in Item 9A and 10A, as heretofore changed, remains unchanged and in full force
and effect.
------------------------------------------------------------------------------------------------------------------------------------
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
Xxxxxxx X. Xxxxxx
Contracting Officer
------------------------------------------------------------------------------------------------------------------------------------
15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED
/s/ Xxxxxxx X. Xxxxxx
________________________________________ BY ________________________________________ Jan. 19, 1995
(Signature of person authorized to sign) (Signature of Contracting Officer)
------------------------------------------------------------------------------------------------------------------------------------
NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV 10.83)
PREVIOUS EDITION UNUSABLE Prescribed by GSA
FAR (48 CFR) 53.243
96
Contract NAS5-31350
Modification No. 13
Page 2
1. Xxxxxx X.1 -- Accounting and Appropriation Data is revised to include the
following:
PCN: 970-22527B(1C)
XXX: 970-438-01-00-01
APP: 804/50108(94)
OC: 97-2550
BLI: A701
AMT: $38,359
2. Xxxxxx X.11 -- Limitation of Funds (FIXED PRICE CONTRACT) is revised as
follows:
Paragraph (a) - Increase the total fund to this contract by $38,359 from
$41,797,478 to $41,835,837.
97
National Aeronautics and
Space Administration
XXXXXXX SPACE FLIGHT CENTER
Greenbelt, MD 20771
[NASA LOGO]
January 19, 1995
Reply to Attn of: 289
Orbital Sciences Corporation
00000 Xxxxxxxx Xxxx.
Dulles, VA 21066
Subject: Contract NAS5-31350, Modification No. 13
Enclosed is a fully executed copy of the subject document.
Please acknowledge receipt of enclosure on the duplication copy of this letter
and return to the undersigned at Code 289.
/s/ XXXXXX X. XXXXX FOR
Xxxxxx Xxxxxxxx
Contract Specialist
[sig]
-------------------------------
Signature
2/3/95
-------------------------------
Date
98
------------------------------------------------------------------------------------------------------------------------------------
1. CONTRACT ID CODE PAGE OF PAGES
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1A 2
------------------------------------------------------------------------------------------------------------------------------------
2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)
14 See Block 16 *
------------------------------------------------------------------------------------------------------------------------------------
6. ISSUED BY CODE 219 7. ADMINISTERED BY (If other than Item 6) CODE
----------------- -----------------
National Aeronautics and Space Administration
Xxxxxxx Space Flight Center
Code 219, Bldg. 16
Greenbelt, Maryland 20771
------------------------------------------------------------------------------------------------------------------------------------
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (x) 9A. AMENDMENT OF SOLICITATION NO.
ORBITAL SCIENCES CORPORATION ---------------------------------
00000 Xxxxxxxx Xxxxxxxxx 0X. DATED (SEE ITEM 11)
Dulles, VA 21066 ---------------------------------
10A. MODIFICATION OF CONTRACT/
X ORDER NO. NAS5-31350
---------------------------------
----------------------------------------------------------------------------------------------- 10B. DATED (SEE ITEM 13)
CODE FACILITY CODE 03/29/91
------------------------------------------------------------------------------------------------------------------------------------
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
------------------------------------------------------------------------------------------------------------------------------------
[ ] The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers [ ] is
extended, [ ] is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of
the following methods:
(a) By completing Items 8 and 15, and returning _____ copies of the amendment; (b) By acknowledging receipt of this amendment on
each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment
numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND
DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already
submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and
this amendment, and is received prior to the opening hour and date specified.
------------------------------------------------------------------------------------------------------------------------------------
12. ACCOUNTING AND APPROPRIATION DATA (If required)
*
------------------------------------------------------------------------------------------------------------------------------------
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDER, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
------------------------------------------------------------------------------------------------------------------------------------
(x) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN CONTRACT
ORDER NO. IN ITEM 10A.
-----------------------------------------------------------------------------------------------------------------------------------
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office,
appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
------------------------------------------------------------------------------------------------------------------------------------
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
------------------------------------------------------------------------------------------------------------------------------------
D. OTHER (Specify type of modification and authority)
------------------------------------------------------------------------------------------------------------------------------------
E. IMPORTANT: Contractor [X] is not, [ ] is required to sign this document and return _____ copies to the issuing office.
------------------------------------------------------------------------------------------------------------------------------------
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where
feasible.)
*See next page.
Except as provided herein, all terms and conditions of the document referenced in item 9A and 10A, as heretofore changed, remains
unchanged and in full force and effect.
------------------------------------------------------------------------------------------------------------------------------------
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
Xxxxx X. Xxxxxx
Contracting Officer
------------------------------------------------------------------------------------------------------------------------------------
15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED
BY /s/ XXXXX X. XXXXXX
---------------------------------------- ----------------------------------------
(Signature of person authorized to sign) (Signature of Contracting Officer) 4/17/96
------------------------------------------------------------------------------------------------------------------------------------
NSN 7540-010152-8070 30-105 STANDARD FORM 30 (REV 10.83)
PREVIOUS EDITION UNUSABLE Prescribed by GSA
FAR (48 CFR) 53.243
99
NAS5-31350, Modification No. 14
Orbital Sciences Corp.
Page 1
The purpose of this modification is to A) change the Contracting Officer's
Technical Representative; B) make administrative updates to the contract; and C)
provide incremental funding. Therefore, the following changes are made:
14A. Article G2 entitled, "CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE" is
deleted in its entirety to recognize a new representative.
Article G.2, same title, is replaced as follows:
"ARTICLE G.2--CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE
The Contracting Officer's Technical Representative (COTR) for the
purposes of monitoring the coordinating the technical requirements of
this contract is XX. XXXX X. XXXXXX, CODE 970.2, TELEPHONE
301/000-0000.
Specific duties and responsibilities of the COTR are those delegated
in the COTR Delegation Letter, NASA Form 1634, for this contract.
(End of Text)"
14B. Make the following administrative changes:
14B.i. Block 5 of the Standard Form (SF) 26, "ISSUED BY," is deleted
in its entirety and the following inserted in lieu thereof:
NASA/Xxxxxxx Space Flight Center
Earth Sciences Procurement Office, Code 000
Xxxxxxxxx Xxxx, Xxxxxxxxx, XX 00000
14B.ii. Block 7 of the SF 26, "NAME AND ADDRESS OF CONTRACTOR," is
modified to reflect a change in address for the Contractor as follows:
Orbital Sciences Corporation
00000 Xxxxxxxx Xxxxxxxxx
Xxxxxx, XX 00000
100
NAS5-31350, Modification NO. 14
Orbital Sciences Corp.
Page 2
14B.iii. Modify Block 12 of the SF 26 "PAYMENT WILL BE MADE BY," to reflect
a different address as follows:
NASA/Xxxxxxx Space Flight Center
Financial Management Division
Accounts Payable Section, Code 000.0X
Xxxxxxxxx Xxxx
Xxxxxxxxx, XX 00000
14.B.iv. Modify Article G.4 entitled, "INVOICES-SUBMISSION OF (GSFC
52.232.95)(OCT 1988)," to reflect a different address for submission of
invoices as follows:
NASA/Xxxxxxx Space Flight Center
Financial Management Division
Accounts Payable Section, Code 000.0X
Xxxxxxxxx Xxxx
Xxxxxxxxx, XX 00000
14C. Article I.11 entitled, "LIMITATION OF FUNDS (FIXED PRICE
CONTRACT)(18-52-232-77)(MARCH 1989)(DEVIATION)," is modified to increase the
level of incremental funds from: $41,835,837.00; by: $1,100,000.00; to:
$42,935,837.00. It is contemplated that funds presently allotted to this
contract will be applied to the work to be performed until July, 2001.
14D. Xxxxxx X.1 entitled, "ACCOUNTING AND APPROPRIATION DATA," is revised to
include the following new data resulting from the incremental funding in 14C.
above:
PCN: 970-22559(IC)
XXX: 976-438-01-00-01
APP: 908/60110(95)
OC: 97-2550
BLI: A701
PPC: BX
B/NC: 259
(END OF MODIFICATION)
101
National Aeronautics and [NASA LOGO]
Space Administration
XXXXXXX SPACE FLIGHT CENTER
Greenbelt, MD 20771
April 17, 1996
Reply to Attn of: 219
Orbital Sciences Corporation
00000 Xxxxxxxx Xxxxxxxxx
Xxxxxx, XX 00000
Subject: Contract NAS5-31350, Modification 14
Enclosed is a fully executed copy of the subject document.
Please acknowledge receipt of enclosure on the duplication copy of this letter
and return to the undersigned at Code 219.
FOR /s/ XXXXXX X. XXXXX
Xxxxx X. Xxxxxx
Contract Specialist
-------------------------------
Signature
-------------------------------
Date
102
------------------------------------------------------------------------------------------------------------------------------------
1. CONTRACT ID CODE PAGE OF PAGE(S)
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 6
------------------------------------------------------------------------------------------------------------------------------------
2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)
Fifteen (15) See Block 16C N/A
------------------------------------------------------------------------------------------------------------------------------------
6. ISSUED BY 7. ADMINISTERED BY (If other than item 6)
National Aeronautics and Space Administration National Aeronautics and Space Administration
Xxxxxxx Space Flight Center, Code 219 Xxxxxxx Space Flight Center
Greenbelt, MD 20771 Code 219/Xxxxx Xxxxxx Phone 000-000-0000
Greenbelt, MD 20771 Fax 000-000-0000/1775
------------------------------------------------------------------------------------------------------------------------------------
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (x) 9A. AMENDMENT OF SOLICITATION NO.
---
ORBITAL SCIENCES CORPORATION ---------------------------------
00000 Xxxxxxxx Xxxxxxxxx 0X. DATED (SEE ITEM 11):
Dulles, VA 21066 -------------------------------------
10A. MODIFICATION OF CONTRACT/
ORDER NO: NAS5-31350
---------------------------------
----------------------------------------------------------------------------------------------- X 10B. DATED (SEE ITEM 13):
CODE: FACILITY CODE: March 29, 1991
------------------------------------------------------------------------------------------------------------------------------------
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
------------------------------------------------------------------------------------------------------------------------------------
[ ] The above numbered solicitation is amended as set forth in Item 14. The
hour and date specified for receipt of Offers [ ] is extended, [ ] is not
extended. Offerors must acknowledge receipt of this amendment prior to the hour
and date specified in the solicitation or as amended, by one of the following
methods: (a) By completing Items 8 and 15, and returning _____ copies of the
amendment; (b) By acknowledging receipt of this amendment on each copy of the
offer submitted; or (c) By separate letter or telegram which includes a
reference to the solicitation and amendment numbers. FAILURE OF YOUR
ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATA SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If
by virtue of this amendment you desire to change an offer already submitted,
such change may be made by telegram or letter, provided each telegram or letter
makes reference to the solicitation and this amendment, and is received prior to
the opening hour and date specified.
--------------------------------------------------------------------------------
12. ACCOUNTING AND APPROPRIATION DATA (If required)
BN/C: 259 PPC: KX
--------------------------------------------------------------------------------
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES
THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
--------------------------------------------------------------------------------
X A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES
SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.
AUTHORITY: CLAUSE I.1, FAR 52.243-1 ''CHANGES-FIXED PRICE'' (AUG 87)
--------------------------------------------------------------------------------
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE
ADMINISTRATIVE CHANGES (such as changes in paying office appropriation
date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF
FAR 42.103(b).
--------------------------------------------------------------------------------
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
The basic contract authority and mutual agreement of both parties
--------------------------------------------------------------------------------
D. OTHER (Specify type of modification and authority)
--------------------------------------------------------------------------------
E. IMPORTANT: Contractor [X] is not, [ ] is required to sign this document
and return ____ copies to the issuing office.
--------------------------------------------------------------------------------
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings,
including solicitation/contract subject matter where feasible.)
SEE PAGE TWO (2)
Except as provided herein, all terms and conditions of the document referenced
in item 9A and 10A, as heretofore changed, remains unchanged and in full force
and effect.
------------------------------------------------------------------------------------------------------------------------------------
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
Xxxxx X. Xxxxxx
------------------------------------------------------------------------------------------------------------------------------------
15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED
BY /s/ XXXXX X. XXXXXX
---------------------------------------- --------------------------------------- 5/15/97
(Signature of person authorized to sign) (Signature of Contracting Officer)
------------------------------------------------------------------------------------------------------------------------------------
NSN 7540-01-152-8070 STANDARD FORM 30 (REV 10.83)
103
NASA/XXXXXXX SPACE FLIGHT CENTER
AND
ORBITAL SCIENCES CORPORATION
NAS5-31350, MODIFICATION NO. 15
PAGE 2
PPC: BX B/NC: 259
STANDARD FORM 30, BLOCK 14 CONTINUED
The purpose of this modification is to unilaterally establish a delivery
schedule for ocean color data under this contract in accordance with Federal
Acquisition Regulation 52.243-1 entitled, "Changes--Fixed Price (August
1987)." Therefore, the following changes are made:
14A. Article B.4 entitled "PAYMENT SCHEDULE," as last revised, is deleted in
its entirety and insert the following in lieu thereof:
"ARTICLE B.4--PAYMENT SCHEDULE
Payment shall be made to the Contractor in accordance with the following
milestones:
ACCUM.
MILESTONE APPROX. DATE AMOUNT AMOUNT
--------- ------------ ------ ------
Evidence of Binding
Financial Commitment 4/1/91 $9,000,000.
Preliminary
Design Review 12/1/91 $6,000,000. $15,000,000.
Award Rocket Motors 12/1/91 $6,000,000. $21,000,000.
Critical Design Review 3/1/92 $1,000,000. $22,000,000.
Complete Spacecraft
ETU Integration & Test 1/1/93 $4,994,000. $26,994,000.
Instrument Pre-Ship &
Review 8/1/93 $3,000,000. $29,994,000.
Instrument Delivery 12/1/93 $2,968,081. $32,962,081.
Spacecraft Integration 4/1/95 $2,000,000. $34,962,081.
System Test NLT 9/1/97 $1,100,000. $36,062,081.
Spacecraft Pre-Ship NLT 10/1/97 $1,000,000. $37,062,081.
Release of Spacecraft
from Carrier Aircraft NLT 11/30/97 $ 750,000. $37,812,081.
**Launch Success NLT 12/30/97 $ 750,000. $38,562,081.
Data Acceptance NLT 3/29/98 $3,000,000. $41,562,081.
*Monthly Data NLT 4/1/98-3/1/03 $ 32,000. $ 1,920,000.
----------------- ----------- ------------
TOTAL AMOUNT $43,482,081.
NLT: No Later Than
*To begin monthly data delivery NLT 4/1/98 for 60 consecutive months
thereafter.
**Launch success includes the spacecraft being placed in a proper orbit
with a signal received from the instrument.
104
NASA/XXXXXXX SPACE FLIGHT CENTER
AND
ORBITAL SCIENCES CORPORATION
NAS5-31350, MODIFICATION NO. 15
PAGE 3
PPC: BX B/NC: 259
STANDARD FORM 30, BLOCK 14 CONTINUED
14A. Continued
After the initial data certification, the Contractor shall be paid in
monthly installments for delivery of the data. The monthly amount to be
invoiced is $723,941.92, less a liquidated amount as defined in Article
1.7, paragraph d., for a total monthly payment of $32,000.00. These monthly
payments will be made as long as the Contractor is providing data in
compliance with the terms and condition of the contract, the SOW, and the
Specifications.
(END OF TEXT)"
14B. Article F.1 entitled "DELIVERY SCHEDULE," is modified to reflect the
revised delivery schedule for ocean color data established under this
modification. Item 5 of this Article is also clarified to indicate that the
command list is for the instrument. Therefore, make the following deletions and
insertions to Items 1 and 2 and clarification to Item 5:
Item Description Qty. Schedule
---- ------------ ---- --------
DELETE:
1 5 Yrs. of On-Board Recorded Data 2GB/Day To Begin No Later Than
33 months after effective
date of contract & continue
thereafter in accordance w/
the SOW
INSERT:
1 5 Yrs. of On-Board Recorded Data 2GB/Day To begin no later than
4/1/98 and continue IAW
other term & conditions
of this contract
DELETE:
2 5 Yrs. of Real Time Downlinked Data continuous To begin no later than
33 months after effective
date of contract & continue
thereafter in accordance w/
the SOW
105
NASA/XXXXXXX SPACE FLIGHT CENTER
AND
ORBITAL SCIENCES CORPORATION
NAS5-31350, MODIFICATION NO. 15
PAGE 4
PPC: BX B/NC: 259
STANDARD FORM 30, BLOCK 14 CONTINUED
14B. Continued:
Item Description Qty. Schedule
----- ----------- ---- --------
INSERT:
2 5 Yrs. of Real Time Downlinked Data continuous To begin no later than
4/1/98 and continue IAW
other terms & conditions
of this contract
DELETE:
5 Command List and Description
Document:
A. Draft 5 copies 7 working days prior to CDR
B. Xxxxx 0 copies 60 Days prior to instrument
calibration
ADD:
5 Instrument Command List and Description
Document:
A. Draft 5 copies 7 working days prior to CDR
B. Xxxxx 0 copies 60 Days prior to instrument
calibration
(END OF TEXT)
106
NASA/XXXXXXX SPACE FLIGHT CENTER
AND
ORBITAL SCIENCES CORPORATION
NAS5-31350, MODIFICATION NO. 15
PAGE 5
PPC: BX B/NC:259
STANDARD FORM 30, BLOCK 14 CONTINUED
14C. Article 1.7 entitled, "FAR 00-000-00 PROGRESS PAYMENTS (AUG
1987)(DEVIATION)," is revised to reflect the new ocean color data schedule and
to correct an administrative oversight. This Article was not updated when
Modification No. 0008 altered progress payments. Therefore, delete paragraphs
"Milestones a." and "Liquidation d." in Article I.7 and insert the following in
lieu thereof:
1.7 FAR 00-000-00 PROGRESS PAYMENTS (AUG 1987)(DEVIATION),
a.:
MILESTONES
a. Progress payments, for the deliverable requirements described in Clause
B.2, shall be made to the Contractor in accordance with the following
schedule:
ACCUM.
MILESTONE APPROX. DATE AMOUNT AMOUNT
--------- ------------ ------ ------
Evidence of Binding
Financial Commitment 4/1/91 $9,000,000.
Preliminary Design
Review 12/1/91 $6,000,000. $15,000,000.
Award Rocket Motors 12/1/91 $6,000,000. $21,000,000.
Critical Design
Review 3/1/92 $1,000,000. $22,000,000.
Complete Spacecraft
ETU Integration & Test 1/1/93 $4,994,000. $26,994,000.
Instrument Pre-Ship &
Review 8/1/93 $3,000,000. $29,994,000.
Instrument Delivery 12/1/93 $2,968,081. $32,962,081.
Spacecraft Integration 4/1/95 $2,000,000. $34,962,081.
System Test NLT 9/1/97 $1,100,000. $36,062,081.
Spacecraft Pre-Ship NLT 10/1/97 $1,000,000. $37,062,081.
Release of Spacecraft
from Carrier Aircraft NLT 11/30/97 $ 750,000. $37,812,081.
**Launch Success NLT 12/30/97 $ 750,000. $38,562,081.
Data Acceptance NLT 3/29/98 $3,000,000. $41,562,081.
*Monthly Data NLT 4/1/98-3/1/03 $ 32,000. $ 1,920,000.
---------------------------------------------------------------------- ----------- ------------
TOTAL AMOUNT $43,482,081.
NLT: No Later Than
107
NASA/XXXXXXX SPACE FLIGHT CENTER
AND
ORBITAL SCIENCES CORPORATION
NAS5-31350, MODIFICATION NO.15
PAGE 6
PPC: BX B/NC: 259
STANDARD FORM 30, BLOCK 14 CONTINUED
14C. CONTINUED:
* To begin monthly data delivery NLT 4/1/98 for 60 consecutive months
thereafter.
**Launch success includes the spacecraft being placed in a proper orbit
with a signal received from the instrument."
END OF CHANGES TO "MILESTONE a." OF 1.7.
DELETE 1.7 FAR 00-000-00 PROGRESS PAYMENTS (AUG 1987)(DEVIATION), LIQUIDATION d.
IN ITS ENTIRETY AND INSERT THE FOLLOWING:
"LIQUIDATION OF MONTHLY DATA PAYMENTS
d. Beginning with the first month after the initial calibrated data has
been accepted by the Government, all progress payments shall be liquidated
in the following manner:
Monthly:
Invoiced Amount.................$ 723,941.92
Less Liquidated Amount..........$-691,941.92
------------
Amount Paid by Government.......$ 32,000.00
In the event of a launch failure or termination for convenience, all paid
progress payments will be deemed liquidated."
END OF CHANGES TO "LIQUIDATION d." OF 1.7
14D. The firm fixed price of this contract shall not be increased or deemed to
be increased by this Change Order. All other terms and conditions of this
contract remain unchanged.
END OF MODIFICATION
108
____________________________________________________________________________________________________________________________________
1. CONTRACT ID CODE PAGE(S)
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 OF 2
____________________________________________________________________________________________________________________________________
2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)
Sixteen (16) See Block 16C See Page 2
____________________________________________________________________________________________________________________________________
6. ISSUED BY 7. ADMINISTERED BY (If other than item 6)
National Aeronautics and Space Administration National Aeronautics and Space Administration
Xxxxxxx Space Flight Center, Code 219 Xxxxxxx Space Flight Center
Greenbelt, MD 20771 Code 219/X. Xxxxxx Phone 000-000-0000
Greenbelt, MD 20771 Fax 000-000-0000/1775
____________________________________________________________________________________________________________________________________
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (x) 9A. AMENDMENT OF SOLICITATION NO.
ORBITAL SCIENCES CORPORATION _________________________________
00000 Xxxxxxxx Xxxxxxxxx 0X. DATED (SEE ITEM 11):
Dulles, VA 21066 _____________________________________
X 10A. MODIFICATION OF CONTRACT/
ORDER NO. NAS5-31350
_________________________________
_______________________________________________________________________________________________ 10B. DATED (SEE ITEM 13):
CODE: FACILITY CODE: March 29, 1991
________________________________________________________________________________
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
________________________________________________________________________________
[ ] The above numbered solicitation is amended as set forth in Item 14. The hour
and date specified for receipt of Offers [ ] is extended, [ ] is not extended.
Offerors must acknowledge receipt of this amendment prior to the hour and date
specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning _____ copies of the amendment;
(b) By acknowledging receipt of this amendment on each copy of the offer
submitted; or (c) By separate letter or telegram which includes a reference to
the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE
RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND
DATA SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this
amendment you desire to change an offer already submitted, such change may be
made by telegram or letter, provided each telegram or letter makes reference to
the solicitation and this amendment, and is received prior to the opening hour
and date specified.
________________________________________________________________________________
12. ACCOUNTING AND APPROPRIATION DATA (If required)
BN/C: 259 PPC: KX AMOUNT $596,244.00
________________________________________________________________________________
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE
CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
________________________________________________________________________________
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES
SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.
AUTHORITY:
________________________________________________________________________________
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE
X ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation
date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF
FAR 42.103(b).
________________________________________________________________________________
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
The basic contract authority and mutual agreement of both parties
________________________________________________________________________________
D. OTHER (Specify type of modification and authority) 10 U.S.C. 2304
________________________________________________________________________________
E. IMPORTANT: Contractor [X] is not, [ ] is required to sign this document
and return three (3) copies to the issuing office.
____________________________________________________________________________
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings,
including solicitation/contract subject matter where feasible.)
SEE PAGE TWO (2)
Except as provided herein, all terms and conditions of the document referenced
in item 9A or 10A, as heretofore changed, remains unchanged and in full force
and effect.
________________________________________________________________________________
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
Xxxxx X. Xxxxxx
________________________________________________________________________________
15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED
/s/ Xxxxx X. Xxxxxx
________________________________________ BY ________________________________________ 9/23/97
(Signature of person authorized to sign) (Signature of Contracting Officer)
________________________________________________________________________________
NSN 7540-01-152-8070 STANDARD FORM 30 (REV 10.83)
109
Modification No. 16
NAS5-31350
Orbital Sciences Corporation Page 2
SF 30, Block 14 Continued:
The purpose of this modification is to fully fund the contract, and to correct
an error made in the total contract price. Therefore, the following changes are
made:
14A. An error was made in the calculation of the contract value in Modification
No. 4, dated 7/7/92. To correct this error, the following recapitulation of the
contract value is as follows:
Basic Award:............................. $43,570,000.
Mod 4: .................................. (6,000.)
------------
$43,564,000.
Mod 8: .................................. (31,919.)
------------
$43,532,081.
14B. Article I.11 entitled, "Limitation of Funds (Fixed Price Contract
18-52-232-77(3/89) (Deviation)" is modified to increase the level of funding
from $42,935,837.00; By: $596,244.00; To: $43,532,081.00. The contract is fully
funded for contract performance through March 1, 2003.
14C. Xxxxxx X.1 entitled, "Accounting and Appropriation Data" is revised to
include this final incremental funding action:
PCN: 970-13499A(1C)
XXX: 976-438-01-00-01
APP: 807/80110(97)
OC: 97-2590
BLI: A701
(End of Modification)
110
____________________________________________________________________________________________________________________________________
1. CONTRACT ID CODE PAGE(S)
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 of 4
____________________________________________________________________________________________________________________________________
2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)
Seventeen (17) See Block 16C
____________________________________________________________________________________________________________________________________
6. ISSUED BY 7. ADMINISTERED BY (If other than Item 6)
National Aeronautics and Space Administration National Aeronautics and Space Administration
Xxxxxxx Space Flight Center, Code 219 Xxxxxxx Space Flight Center
Greenbelt, MD 20771 Code 219/X. Xxxxxx Phone 000-000-0000
Greenbelt, MD 20771 Fax 000-000-0000/1775
___________________________________________________________________________________________________________________________________
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (x) 9A. AMENDMENT OF SOLICITATION NO.
ORBITAL SCIENCES CORPORATION _________________________________
00000 Xxxxxxxx Xxxxxxxxx 0X. DATED (SEE ITEM 11):
Dulles, VA 21066 _________________________________
X 10A. MODIFICATION OF CONTRACT/
ORDER NO. NAS5-31350
_________________________________
_______________________________________________________________________________________________ 10B. DATED (SEE ITEM 13):
CODE: FACILITY CODE: March 29, 1991
___________________________________________________________________________________________________________________________________
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
___________________________________________________________________________________________________________________________________
[ ] The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers [ ] is
extended, [ ] is not extended. Offerors must acknowledge receipt of this amendment prior to the hour and date specified in the
solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15, and returning _____ copies of the
amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram
which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE
DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATA SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of
this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each
telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date
specified.
___________________________________________________________________________________________________________________________________
12. ACCOUNTING AND APPROPRIATION DATA (If required)
BN/C:259 PPC:KX AMOUNT:$0
___________________________________________________________________________________________________________________________________
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
___________________________________________________________________________________________________________________________________
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER
NO. IN ITEM 10A. AUTHORITY:
___________________________________________________________________________________________________________________________________
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office,
appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 42.103(b).
___________________________________________________________________________________________________________________________________
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
The basic contract authority and mutual agreement of both parties
___________________________________________________________________________________________________________________________________
X D. OTHER (Specify type of modification and authority) 10 U.S.C. 2304
___________________________________________________________________________________________________________________________________
E. IMPORTANT: Contractor [ ] is not, [X] is required to sign this document and return three (3) copies to the issuing office.
___________________________________________________________________________________________________________________________________
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where
feasible.)
SEE PAGE TWO (2)
Except as provided herein, all terms and conditions of the document referenced in item 9A or 10A, as heretofore changed, remains
unchanged and in full force and effect.
___________________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________________
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
Xxxxx X. Xxxxxx
___________________________________________________________________________________________________________________________________
15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED
________________________________________ BY _____________________________________
(Signature of person authorized to sign) (Signature of Contracting Officer)
___________________________________________________________________________________________________________________________________
NSN 7540-01-152-8070 STANDARD FORM 30 (REV 10-83)
111
NASA XXXXXXX SPACE FLIGHT CENTER
AND
ORBITAL SCIENCES CORPORATION
NAS5-31350, MODIFICATION NO. 17
PAGE 2
PPC: BX B/NC: 259
STANDARD FORM 30, BLOCK 14. CONTINUED
The purpose of this modification is to A) revise Article H.7 entitled "Permits
and Licenses"; B) incorporate indemnification provisions into this contract;
and C) make correction to Article I.7 "Progress Payments." Therefore, the
following changes are made:
14A. Article H.7 entitled "PERMITS AND LICENSES" is deleted in its entirety
and replaced with the new Article A.7, same title, as follows:
"ARTICLE H.7-PERMITS AND LICENSES
By execution of this Contract, the Contractor assumed sole responsibilility
for delivery of data according to the terms of the Contract. That
responsibility included obtaining any necessary licenses and permits. After
execution, the Government obtained the required license as outlined in the
October 27, 1994, letter from the Deputy Associate Administrator of NTIA to
Associate Administrator for Space Operations, NASA.
Both parties recognize that the terms of the license require the
Government to operate the Contractor's equipment transmitting on 2287.5 MHz
in performance of this contract. Both parties recognize that any Government
activities associated with operation of the transmitter shall not in any
way excuse the Contractor from fully performing the requirements of the
Contract, including delivery of all items as specified in the deliverable's
clause, B.2 entitled "Deliverable Requirements," at times required by the
delivery schedule clause, F.1 entitled "Delivery Schedule."
The Contractor agrees to comply with all terms and conditions of the
National Telecommunications and Information Administration (NTIA)
Certification of Stage 4 Spectrum Support for the Contractor-owned SeaStar
operation in the band 2200-2290 MHZ (S-Band downlink at 2287.5 MHZ). This
October 27, 1994, certification letter is attached as Attachment 1 to this
Modification No. 17 as part of this Article H.7, and made a part of this
contract by this reference.
Further, the Contractor shall obtain and keep effective, all other related
permits, licenses and clearances that may be required for performance of
this contract. Such permits, licenses, and clearances shall include, but
not be limited to, those required by the Federal, State, or Local
Government authorities, or subdivisions thereof, or any other duly
constituted public authority, such as the Department of Transportation
(DOT) for launch licenses, and the Federal Communication Commission (FCC)
for frequency approvals. Further, the Contractor shall comply with all
applicable laws, regulations, and ordinances in effect on the date of
this contract. All costs and fees associated with obtaining licenses,
permits, and clearances are included in the fixed price of this contract.
(END OF TEXT)"
112
NASA XXXXXXX SPACE FLIGHT CENTER
AND
ORBITAL SCIENCES CORPORATION
NAS5-31350, MODIFICATION NO. 17
PAGE 3
PPC: BX B/NC: 259
STANDARD FORM 30, BLOCK 14. CONTINUED
14B. Add new Clause H.11 entitled "INDEMNIFICATION AND WAIVER" as follows:
"ARTICLE H.11 INDEMNIFICATION AND WAIVER
The Contractor has granted the Government the right to operate its
equipment in performance of this contract. The Government will make best
efforts to provide the S-band data down-linked at its ground receiving
station to the Contractor. Notwithstanding any other provision of the
contract, the Contractor shall indemnify and hold harmless the Government
for any third party liability arising out of Contractor use of S-Band Data
received from the Government, (including use by third parties that obtained
data directly from the Contractor). The Contractor shall make no claim
against the Government for delayed performance due to Government
transmission of data via the S-band frequency.
(END OF TEXT)"
14C. Article I.7 entitled, "FAR 00-000-00 PROGRESS PAYMENTS (AUG 1987)
(DEVIATION)," was corrected in Modification No. 15. However, the last sentence
at the end of "Liquidation d." of I.7 was inadvertently omitted. This
modification revises the Article to provide the entire original text.
Therefore, delete "Liquidation d." in Article I.7 and insert the following
instead of it:
"I.7 FAR 00-000-00 PROGRESS PAYMENTS (AUG 1987)(DEVIATION), LIQUIDATION d.:
LIQUIDATION OF MONTHLY DATA PAYMENTS
d. Beginning with the first month after the initial calibrated data has
been accepted by the Government, all progress payments shall be liquidated
in the following manner:
Monthly:
Invoiced Amount .............................. $ 723,941.92.
Less Liquidated Amount ....................... $-691,941.92
------------
Amount Paid by Government .................... $ 32,000.00
In the event of a launch failure or termination for convenience, all paid
progress payments will be deemed liquidated.
Should the data services effort be discontinued for any reason and if the
Government has not evoked its right under the default provision, all
progress payments will be deemed liquidated"
END OF CHANGES TO "LIQUIDATION d." OF I.7.
113
NASA XXXXXXX SPACE FLIGHT CENTER
AND
ORBITAL SCIENCES CORPORATION
NAS5-31350, MODIFICATION NO. 17
PAGE 4
PPC: BX B/NC: 259
STANDARD FORM 30, BLOCK 14. CONTINUED
14D. Section J.1 entitled, "LIST OF ATTACHMENTS" is modified to include the
following new attachment:
Attachment Description Date No. of Pages
---------- ----------- ---- ------------
D Letter from the Deputy Associate
Administrator of NTIA to Associate
Administrator for Space Operations,
NASA October 27, 1994 2
(END OF MODIFICATION NO. 17)
114
[LOGO] Doc. 29039/1-1.14.10/6.15
Ref. 28728/1-1.14.10/6.15
UNITED STATES DEPARTMENT OF COMMERCE
National Telecommunications and
Information Administration
Washington, D.C. 20230
October 27, 1994
Xx. Xxxxxxx X. Xxxxx
Associate Administrator
for Space Operations
Code O
National Aeronautics
and Space Administration
Washington, D.C. 20546
Dear Mr. Force:
In my letter to you of March 1, 1994, I stated that after review of the
Orbital Sciences Corporation (OSC) application of September 9, 1993 with NOAA
and consultation with NASA, it was determined that the SeaStar Ocean Color
Project was not a Government radiocommunications system. Therefore, the NTIA
certification of spectrum support for this Project provided by me on December 9,
1993 (IRAC Doc. 28591/1) was canceled.
In a letter to me of October 7, 1994 (see enclosure 1), Xx. Xxxxx Xxxxxx of
NASA has requested that NTIA certify spectrum support for SeaStar 2 GHz
space-to-Earth transmissions. Xx. Xxxxxx'x request was based on correspondence
between NASA and OSC (see enclosure 2). Additionally, Xx. Xxxxxx has notified me
that the SeaStar space-to-Earth operations in the 2200-2290 MHz band will
operate on a non-interference basis to existing and future Government operations
in the band.
After review of the information supplied by NASA, the Office of Spectrum
Management hereby certifies Stage 4 spectrum support for SeaStar operations in
the band 2200-2290 MHz subject to the following:
1. The frequency 2272.5 MHz shall be modified to 2287.5 MHz;
2. The earth stations locations will be confined to Wallops Island, VA and
Fairmont, WV (Fairmont will be limited to monitoring SeaStar-to-Wallops
Island transmissions on 2287.5 MHz), the emission designator will be
4M00G1D, the satellite transmitter power will be limited to 5.5 W, and the
operations will be in the Earth-exploration satellite and space research
services;
3. The satellite transmitter shall meet the line-of-sight power
flux-density limits contained in Section 8.2.36 of the NTIA Manual (ITU
RR2557);
4. These operations must be conducted under Section 5.0.1 of the NTIA
Manual because of non-conformance to transmitter unwanted emissions
standards;
NASS-31350, Mod.17
Attachment D, Section J
115
5. Within the Space Systems Group (SSG), NASA will modify the ITU Appendix 3
and data for the system as necessary;
6. NASA will ensure that personnel are protected from radiation levels that
exceed generally accepted exposure criteria:
7. OSC will not make commercial use of the 2 GHz data collected at their
Fairmont, WV earth station;
8. NASA will retain full operation control of SeaStar use of the frequency
2287.5 MHz under the NTIA authorization for both ground testing and the
five-year NASA contract with OSC and the 2 GHz satellite transmitter will not
operate without an NTIA authorization;
9. NASA be aware that band 2200-2290 MHz is not available for use by commercial
systems, except as indicated in footnote US303 (non-Government space stations
in the space research, space operations, and Earth exploration-satellite
services may be authorized to transmit to the Tracking and Data Relay Satellite
System subject to conditions that may be applied on a case-by-case basis, not
causing harmful interference to authorized Government stations, and meeting the
power flux-density limits contained in ITU RR2557);
10. Subsequent SeaStar or similar systems will conduct these operations in a
different band;
11. The Department of Commerce, NOAA, National Environmental Satellite, Data,
and Information Service Office, which licensed SeaStar under the Private Remote
Sensing Act, be informed that NASA is operationally responsible for this
downlink operation (i.e., in order to clarify of the OSC request to NOAA of
September 9, 1993);
12. All other frequency requirements for SeaStar operations (i.e., 1700-1710
and 2025-2110 MHz) are not for government stations and will require FCC license.
Sincerely,
/s/ XXXXXXX XXXXXX
Xxxxxxx Xxxxxx
Deputy Associate
Administrator
ENCLOSURES
NAS5-31350, Mod. 17
Attachment D, Section J
116
OI
Mr. Xxxxxxx Xxxxxx
Deputy Associate Administrator
National Telecommunications and
Information Administration
Department of Commerce
14th & Constitution Avenue, NW
Washington, DC 20230
Dear Xx. Xxxxxx:
On March 1, 1994, you withdrew certification of spectrum support for the
National Aeronautics and Space Administration's SeaStar Program. The basis was
determination that the system was a non-Government activity over which your
office had no jurisdiction (i.e., "a private remote sensing space system").
Circumstances associated with the program have changed since your action.
Specifically, as evidenced by the Enclosure, NASA has obtained from Orbital
Sciences Corporation, unequivocal operational control over the S-band telemetry
downlink of the SeaStar Program for its full period of performance. Further,
this Agency has adopted radio frequency operational control procedures to
prevent interference to all existing and future authorized Government systems in
the band. Furthermore, NASA will be the sole recipient of the raw 2GHz downlink
data for the full contract performance period. Upon expiration of the five year
operational period of performance, 2 GHz downlink activity will cease as should
any NTIA authorization issued. SeaStar 2 GHz downlink certification should be
limited to a single spacecraft and ground station. Finally, no subsequent
SeaStar or similar type activity should be certified in this band.
Recognizing the above, coupled with OSC's withdrawal of its application with the
Federal Communications Commission for SeaStar operational authority at 2272.5
MHz, it is fully evident that the SeaStar activity in 2285-2290 MHz is once
again a Government operation clearly under the jurisdiction of your office.
Accordingly, NASA requests expedited NTIA recertification of spectrum
availability and support for the SeaStar 2 GHz spacecraft telemetry operations
with all other technical details unchanged from that considered in the prior
submission, with one exception recertification is sought for operations on
2287.5 MHz in lieu of 2272.5 MHz.
NAS5-31350, Mod. 17
Attachment D, Section J
117
2
Please note all effort on the SeaStar matter, including the proposed change in
telemetry frequency, has been closely coordinated with both the National Oceanic
and Atmospheric Administration and the Department of Defense.
A timely affirmative decision by you is appreciated.
Sincerely,
ORIGINAL SIGNED BY
Xxxxx Xxxxxx
NASA IRAC Representative
Office of Space Communications
Enclosure
NAS5-31350, Mod. 17
Attachment D, Section J
118
C-9410-003
6 October 1994 Orbital
Sciences [OSC LOGO]
Corporation
Xx. Xxxxxxx X. Xxxxxx
NASA/Xxxxxxx Space Flight Center
Earth Sciences Procurement Office
Code 000
Xxxxxxxxx, Xxxxxxxx 00000
Re: SeaStar Program Frequency Shift
Dear Xxxx:
This is in response to your letter of September 16, 1994 regarding the SeaStar
program frequency shift. We were aware the National Telecommunications and
Information Agency (NTIA) had rescinded authority to downlink the SeaWiFS data
from our spacecraft. We understood the basis for this was the Department of
Defense (DOD) position (as you stated). We were also aware of increasing efforts
by NASA/HQ staff and DOD the spectrum management authorities to resolve
a method of transmitting stored SeaWiFs imagery data from orbit.
OSC has reviewed your letter and will agree to the following, with each of our
responses keyed to the points in your letter:
- We will modify the SeaStar S-Band spacecraft transmitters to operate at
2287.5 MHz vice 2272.5 MHz. Operational control and Radio Frequency
Interference (RFI) mitigation will be addressed in a OSC-GSFC RFI
Mitigation Interface Control Document (ICD). Although the design of the
existing spacecraft transmitters will be changed in accordance with your
request, neither OSC or NASA is responsible for any data losses due to
Radio Frequency Interference (RFI) mitigation.
- We will not make commercial use of the S-Band data collected at the OSC
Fairmont, West Virginia, Remote Tracking Station.
- We request copies of all S-Band processed data. We will work with the GSFC
SeaWiFS project office on defining these data transfer requirements. OSC
will have the exclusive rights to resell this data to commercial
customers. We understand that we obtain this data on an "as is" and "as
available" basis.
- NASA will retain operational control of the S-Band downlink and hold the
NTIA license for the preoperational testing period and the five year length
of contractual data delivery. We will work with NASA to develop a binding
agreement that defines the conditions of RFI mitigation and operational
control.
00000 Xxxxxxxx Xxxxxxxxx, Xxxxxx, Xxxxxxxx 00000 (703)406-5000
NAS5-31350, Mod. 17
Attachment D, Section J
119
Xx. Xxxxxxx X. Xxxxxxx
6 October 1994
Page 2
- OSC will not operate the S-Band transmitter without the operational control
of a NTIA licensed government agency unless future regulatory provisions
allow such operation.
- Any subsequent SeaStar satellite or related follow-on system will be in a
different band.
We will agree to the above changes at no cost, despite our assuming the
significant monetary burden of switching to the 2287.5 MHz assignment, provided
that we receive a schedule extension for these changes to 31 May 1995 for
SeaStar launch. We also agree to:
- Withdraw our Part 5 application to the Federal Communications Commission for
the 2272.5 MHz downlink.
- Notify the Department of Commerce that NASA is operationally responsible for
the 2287.5 MHz downlink.
We hope this letter sets in motion the events necessary to resolving this
issue. For further clarification, please contact Xx. Xxxxx Xxxx (703-406-5409),
Spectrum Manager, for spectrum management issues and Dr. Xxxx XxXxxxxx
(703-406-5504), SeaStar Program Manager, for program issues. You may also
contact me directly at 000-000-0000.
Regards,
/s/ XXXXXXX XXXXXXX
Xxxxxxx Xxxxxxx, DBA, CPCM
Director
Contracts and Business Administration
cc: Xxxxx Xxxx/Code Y/NASA HQ
Xxx Xxxx/Sea WiFs Project Manager/Code 970.2
Xxxx Xxxxxx/Code OI/NASA HQ
Xxxx Xxxxxxx/Code OI/NASA HQ
Xxx Xxxxxxxxx/GSFC Spectrum Manager/Code 502
NAS5-31350, Mod. 17
Attachment D, Section J
120
National Aeronautics and [NASA LOGO]
Space Administration
Xxxxxxx Space Flight Center
Greenbelt MD 20771
SEP 16 1994
Reply to Attn of 289
Dr. Xxxx XxXxxxxx
SeaStar Program Manager
Orbital Sciences Corporation
00000 Xxxxxxxx Xxxxxxxxx
Xxxxxx, XX 0000
Dear Xxxx:
As you know, your contract requires you to obtain all permits, licenses and
approvals necessary to provide NASA SeaWiFS data from your SeaStar spacecraft.
Since the spacecraft will broadcast part of its data through the Government-only
portion of the S-Band, the National Telecommunications and Information
Administration (NTIA) has jurisdiction over approving its use. NTIA recently
rescinded authority to downlink SeaWiFS data from your SeaStar spacecraft at
2272.5 Mhz based on the Department of Defense's (DOD's) position of exclusive
government use of that band. NASA is therefore concerned about your ability to
obtain the necessary frequency approvals on the SeaStar program under our
contract. As a result of this concern, we have discussed with NASA and DOD
spectrum managers ways that you might downlink your data in the S-Band while not
violating the established DOD position.
DOD representatives have indicated that they would remove their objection to
your S-Band downlink of Global Area Coverage (GAC) data to NASA under the
following conditions:
-SeaStar downlink operation of the GAC data at a revised frequency of
2287.5 Mhz instead of 2272.5 Mhz. US Footnote 303 to the US Table of Allocations
allows conditional non-government use of that frequency, unlike 2272.5 Mhz.
Operations are not to cause interference with currently authorized transmissions
on that frequency.
-NASA will be the sole intended recipient of that downlink for data use
purposes. Orbital Sciences Corporation (OSC) may copy the downlink to NASA from
your Fairmont station for extraction of the housekeeping information and as a
backup to NASA, but must not make any commercial sale of that transmission.
-If requested, NASA will furnish OSC with processed copies of the GAC data.
NAS5-31350, Mod. 17
Attachment D, Section J
121
- NASA will retain full operational control of the downlink by holding the
license from NTIA for the frequency use and authorizing OSC's operation. This
license will be effective for the pre-operational testing period and the five
year length of contracted data delivery.
- If the spacecraft is capable of data transmission after five years, OSC
may request a government sponsor to reapply for its NTIA license, but under no
circumstances, and regardless of contract status, will OSC operate the S-Band
transmitter without a government license and operational control.
- Any subsequent SeaStar satellite or follow-on system will be in a
different band.
If the above terms are satisfactory at no change in the contract price, please
contact Xx. Xxxxxxxx at (000) 000-0000 to enter into a binding agreement on the
specific terms for NASA's operational control of the downlink. We except OSC
will agree to make no claim against NASA by virtue of NASA's exercise of the
S-Band transmission of SeaWiFS data via this S-Band frequency.
Once this agreement is signed, NASA will ask NTIA to reinstate its Certification
of Spectrum Support, modified to cover 2287.5 Mhz in place of 2272.5 Mhz and to
include the terms listed above. The other frequencies used by SeaStar will be
covered by your commercial Federal Communications Commission (FCC) application.
I suggest you amend your FCC application to delete the 2272.5 Mhz downlink as
the NTIA license is expected to provide for the 2287.5 Mhz data downlink. FCC
licensing continues to be appropriate for your command link and commercial
L-Band operation.
Finally, please make the Department of Commerce aware of NASA's operational
control over the 2287.5 Mhz SeaStar data downlink.
If you have any questions, please contact Xx. Xxxxxxxx at (000) 000-0000 or the
undersigned at (000) 000-0000.
/s/ XXXXXXX X. XXXXXXX
Xxxxxxx X. Xxxxxxx
Contracting Officer
