NASA SBIR/STTR Program Solicitation Details | 5. Considerations

5.2.1 Anticipated Number of Awards

NASA does not estimate the exact number of anticipated Phase II contract awards; however, the table below reflects the historical information for the program.

5.2.2 Award Conditions

NASA awards are electronically signed by a NASA Contracting Officer and transmitted electronically to the organization via email. NSSC will distribute the NASA SBIR award with the following items.

Phase II:                                                                                                        

• SF26—Contract Cover Sheet
• Contract Terms and Conditions—to include reference to the proposal and budget
• Attachment 1: Contract Distribution List
• Attachment 2: Final Summary Chart and Instructions
• Attachment 3: IT Security Management Plan
• Attachment 4: Applicable Documents List
• Phase II Frequently Asked Questions (FAQs

5.2.3 Type of Contract 

NASA SBIR Phase II awards are made as firm-fixed-price contracts.

5.2.4 Model Contracts

Examples of the NASA SBIR contracts can be found on the NASA SBIR/STTR Resources website: http://sbir.gsfc.nasa.gov/sbir/firm_library/index.html. Model contracts are subject to change.

All NASA SBIR contracts are firm-fixed-price contracts. The exact payment terms will be included in the contract.

Although invoices are submitted electronically through the Department of Treasury’s Invoice Processing Platform (IPP), as a condition for payment, invoice certifications shall be completed in the EHB for each individual invoice. The certification is preset in the EHB, and it shall be completed before uploading each invoice in IPP. Upon completion of the certification, a link to IPP is automatically provided in the EHB.

If TABA is requested, Phase II awardees will be required to submit TABA vendor invoices for reimbursement per the payment schedule in section 3.4.13.

Cost sharing is permitted for completed proposal packages under this program solicitation; however, cost sharing is not required. Cost sharing will not be an evaluation factor in consideration of your completed proposal package or will not be used in the determination of the percentage of Phase I work to be performed on the contract.

The contractor may copyright and publish (consistent with appropriate national security considerations, if any) material developed with NASA support. NASA receives a royalty-free license from the Federal Government and requires that each publication contain an appropriate acknowledgment and disclaimer statement.

The contractor shall comply with all U.S. export control laws including Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR). Offerors are responsible for ensuring that all employees who will work on this contract are eligible under export control laws, EAR, and ITAR. Any employee who is not a U.S. citizen or a permanent resident may be restricted from working on this contract if the technology is restricted under export control laws, ITAR, or EAR unless the prior approval of the Department of State or the Department of Commerce is obtained via a technical assistance agreement or an export license. Violations of these regulations can result in criminal or civil penalties.

For additional information on ITAR, please visit the Code of Federal Regulations at https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title22/22cfr120_main_02.tpl. For additional information on EAR, please visit https://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear. For additional training, refer to https://www.sbir.gov/tutorials/itar/.

If an award is made pursuant to a proposal or completed proposal package submitted under an SBIR solicitation, the firm will be required to certify with every invoice that it has not previously been paid nor is currently being paid for essentially equivalent work by any agency of the Federal Government. Failure to report essentially equivalent or duplicate efforts can lead to the termination of contracts and/or civil or criminal penalties.

Federal Departments and Agencies   

Use of SBIR funding for unique Federal/non-NASA resources from a Federal department or agency that does not meet the definition of a Federal laboratory as defined by U.S. law and in the SBA Policy Directive on the SBIR program requires a waiver from the SBA. Completed proposal packages requiring waivers must include an explanation of why the waiver is appropriate. NASA will provide the offeror’s request, along with an explanation to SBA, during the negotiation process. NASA cannot guarantee that a waiver can be obtained from SBA. Specific instructions to request the use of Government Resources are in section 3.5 of the solicitation. 

Note: NASA facilities qualify as Federal laboratories. 

Support Agreements for the Use of Government Resources

All offerors selected for award who require the use of any Federal facility shall, within 20 business days of notification of selection for negotiations, provide to the NSSC Contracting Officer an agreement by and between the Contractor and the appropriate Federal facility/laboratory, executed by the Government official authorized to approve such use. The agreement must delineate the terms of use, associated costs, and facility responsibilities and liabilities. Having a signed agreement for the use of Government resources is a requirement for the award. 

For the proposed use of NASA resources, a NASA SBIR/STTR Support Agreement template is available on the Resources website (http://sbir.gsfc.nasa.gov/sbir/firm_library/index.html) and must be executed before a contractor can use NASA resources. Offerors shall only include a signed letter of commitment from an authorized NASA point of contact in the completed proposal packages. NASA expects selected offerors to finalize and execute their NASA SBIR Support Agreement during the negotiation period with the NSSC. All SBIR Support Agreements must be fully reimbursable, and the direction and guidance contained in NPR 9090.1B, Partnership Agreements-Financial Requirements and Administration applies unless otherwise expressly prohibited by federal law regarding limitation on advance payment for resources provided under the Support Agreements.    

Contractor Responsibilities for Costs

In accordance with FAR Part 45, it is NASA's policy not to provide services, equipment, or facilities (resources) (capital equipment, tooling, test, computer facilities, etc.) for the performance of work under SBIR contracts. Generally, any contractor will furnish its own resources to perform the proposed work on the contract. In all cases, the contractor shall be responsible for any costs associated with services, equipment, or facilities provided by NASA or another Federal department or agency, and such costs shall result in no increase in the price of this contract. 

Contractor-Provided Testing Assistance Services

In some instances, NASA may, at its own expense, test a deliverable item after the item has been delivered and accepted. This is separate from instances described above, in which the contractor seeks access to facilities to conduct its own testing. Rather, in such instances where NASA will conduct the testing on its own, NASA may require the contractor to provide services to assist with that testing. An example may include but is not limited to, assisting NASA personnel with properly mounting or configuring an item for NASA to conduct a wind-tunnel test. In such circumstances, where NASA has indicated that such testing assistance services will be required, the offeror must include such services in its proposal, to include price. NOTE TO NASA CUSTOMERS AND OFFERORS: if contractor-provided testing assistance services are not included in the Phase II proposal, and awarded under the Phase II contract, then such services are prohibited unless acquired or procured under a separate vehicle as may be authorized.