P00040SCARedacted.PDF

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

J

PAGE of PAGES

2. AMENDMENT/MODIFICATION NO.

P00040

3. EFFECTIVE DATE

8 February 08

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO.(If applicable) N/A

6. ISSUED BY CODE

21 CONS/LGCZB

FA2517 7. ADMINISTERED BY (If other than Item 6) CODE S2401A

135 Dover Street; STE 1055 Peterson AFB, CO 80914-1385 Carlo Mosca / (719) 556-1595/DSN 834-1595/carlo.mosca@peterson.af.mil Renata Ott / (719) 556-1599/DSN 834-1599/renata.ott@peterson.af.mil

DCMA Twin Cities B H Whipple Federal BLDG RM 1150 1 Federal Drive Ft. Snelling, MN 55111-4007

8. NAME AND ADDRESS OF CONTRACTOR (NO., street city, county, State ,and ZIP Code)

Chugach McKinley, Inc.

9A. AMENDMENT OF SOLICITATION NO.

ATTN: Scott Davis 560 East 34th Avenue Suite 300

9B. DATED (SEE ITEM 11)

Anchorage AK 99503-4196 10A. MODIFICATION OF CONTRACT/ORDER

NO.

N00178-03-C-1015 Code: 1ECJ9 Facility Code:

X

10B. DATED (SEE ITEM 13)

30 September 2003

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):

N/A

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. )

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) FAR 52.222-43 (May 1989) Fair Labor Standards Act and Service Contract Act – Price Adjustment (Multiple Year and Option Contracts) and FAR 43.103(a)(3)

E. IMPORTANT: Contractor [ ] is not, [X] is required to sign this document and return 1 copy (copies) to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(a) The purpose of this bilateral modification is to:

1. Definitize the contract price adjustment as a result of incorporation of the Wage Determinations executed under modification P00026.

2. Realign identified Service Contract Act (SCA) adjustment funds from the reserved CLIN 0019AA to SubCLIN 0009AB

FY08 O&M.

3. Incorporate by reference FAR Clause 52.203-13 – Contractor Code of Business Ethics and Conduct DEC 2007.

Pursuant to the authority cited in 13D, the contract cited in 10A is modified as described herein.

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 OF CONTRACTING OFFICER

CARLO MOSCA

15B.

BY __________________________________________

(Signature of person authorized to sign)

15C.DATE SIGNED 16B. UNITED STATES OF AMERICA

BY ________________________________________

(Signature of Contracting Officer)

16C. DATE

SIGNED

NSN 7540-01-152-8070 30-105 STANDARD FORM 30(REV. 10-83)

PREVIOUS EDITION UNUSABLE Prescribed by GSA

FAR (48 CFR) 53.24

AF SSS Page 2 of 4 P00040

PART I – THE SCHEDULE, SECTION B, SUPPLIES OR SERVICES AND PRICE/COSTS

(b) IAW above, Section B has been revised to reflect changes to 0019AA. CLIN/SubCLIN numbering and total modification amount are as follows:

i) Transfer $7,042.00 from SubCLIN 0019AA FY08 SCA adjustment to SubCLIN0009AB

FY08 O&M.

ii) Rename CLIN 0019AA from “FY08 SCA Adjustment” to CLIN 0018AA “Reserved” and delete descriptive data “Fiscal Year 08 - (FY08) funds are obligated for SCA Adjustment for FY08, as determined by the Contracting Officer.”

PART II – SECTION I - CONTRACT CLAUSES

(c) This bilateral modification incorporates by reference the FAR Clause 52.203-13

– Contractor Code of Business Ethics and Conduct, DEC 2007 As prescribed in 3.1004(a), insert the following clause:

(a) Definition.

“United States,” as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Code of business ethics and conduct.

(1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall—

(i) Have a written code of business ethics and conduct; and

(ii) Provide a copy of the code to each employee engaged in performance of the contract.

(2) The Contractor shall promote compliance with its code of business ethics and conduct.

(c) Awareness program and internal control system for other than small businesses. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract. The Contractor shall establish within 90 days after contract award, unless the Contracting Officer establishes a longer time period—

(1) An ongoing business ethics and business conduct awareness program; and

(2) An internal control system.

(i) The Contractor's internal control system shall—

(A) Facilitate timely discovery of improper conduct in connection with Government contracts;

and

(B) Ensure corrective measures are promptly instituted and carried out.

(ii) For example, the Contractor’s internal control system should provide for—

(A) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor’s code of business ethics and conduct and the special requirements of Government contracting;

(B) An internal reporting mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports;

(C) Internal and/or external audits, as appropriate; and

(D) Disciplinary action for improper conduct.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that have a value in excess of $5,000,000 and a performance period of more than 120 days, except when the subcontract—

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

(End of clause)

ACRN CLIN Description Change From

Change To Difference

DA 0019AA FY08 SCA

adjustment

7042.00 0.00 (7042.00)

ACRN CLIN Description Change From

Change To Difference

DA 0009AB 2nd QTR Funding

FY08 O&M.

1,981,840.92 1,988,882.92 7042.00

Unit Price 660,613.64 667,655.64

AF SSS Page 3 of 4 P00040

(d) SECTION G, CONTRACT ADMINISTRATION DATA: Summary for the payment office

i. Section G is updated to reflect FY08 SCA adjustment. The accounting and appropriation data with associated ACRNs are provided as follows: (page G-4c)

ii. The total contract obligated funding is changed as follows:

AC

RN

CLIN # Fund Cites and Purchase Request (PR) Numbers Amount

0009 5783400 308 83A1 331C60 010000 59290 35940F 503000 F03000

DA 0009AA (F3L2DA7214A001) 1,981,840.95

DA 0009AA (1,314,046.72)

DA 0009AA (F3L2DA7298A002) 657,023.36

DA 0009AA (F3L2DA7324A001) 657,023.36

DA 0009AB (F3L2DA7324A001) 675,628.68

DA 0009AB (F3L2DA8018A001) 1,306,212.24

DA 0009AB FY08 SCA Adjustment form SubCLIN0019AA (P00040) 7042.00

0010 5783400 308 83A1 331C60 010000 59290 35940F 503000 F03000

DA 0010AA (F3L2DA7214A001) 25,000.00

DA 0010AB (F3L2DA7324A001) 8,333.33

DA 0010AB (F3L2DA8018A001) 16,666.66

0011 5783400 308 83A1 331C60 010000 59290 35940F 503000 F03000

(F3L2DA7214A001)

749,786.00

0016 5783400 308 83A1 331C60 010000 59290 35940F 503000 F03000

DA 0016AA (F3L2DA7214A001) 36,603.54

DA 0016AA (24,269.74)

DA 0016AA (F3L2DA7298A002) 12,134.87

DA 0016AA (F3L2DA7324A001) 12,134.87

DA 0016AB (F3L2DA7324A001) 12,201.18

DA 0016AB (F3L2DA7324A001) 24,402.36

0017 5783400 308 83A1 331C60 010000 59290 35940F 503000 F03000

DA 0017AA (F3L2DA7214A001) 2,916.96

DA 0017AB (F3L2DA7214A001) 784.92

DA 0017AC (F3L2DA7324A001) 972.32

DA 0017AC (F3L2DA8018A001) 1944.64

DA 0017AD (F3L2DA7324A001) 261.64

DA 0017AD (F3L2DA8018A001) 523.28

DA 0019AA 5783400 308 83A1 331C60 010000 59290 35940F 503000 F03000

(F3L2DA7214A001)(F3L2DA7324A001)(F3L2DA8018A001) FY08SCA Adjustment moved to SubCLIN 0009AB (P00040)

(7,042.00)

DA 0019AB FY08SCA Adjustment moved to SubCLIN 0019AA (P00039) (805.00)

From To Read Increase/Decrease

$35,267,621.03 $35,267,621.03 0.00

AF SSS Page 4 of 4 P00040

(f) The contract is modified to reflect the changes described above by deleting the pages listed under the “REMOVE” column and replacing them with the pages listed under the “INSERT” column, which are attached hereto and made a part of the contract by this modification. Changed areas on the replacement pages are indicated by a vertical line in the right margin. Any new pages added to the contract are listed under the “INSERT” column only.

Release of claims:

In consideration of the above changes as set forth in this modification, the contractor hereby releases the Government from any and all liability under this contract for further equitable adjustments attributable to said changes.

DOCUMENT REMOVE INSERT

Part 1 – Section B Page 3 (P000039) Page 3 (P00040) Part 1 – Section B Page 3-e (P00039) Page 3-e (P00040) Part 1 – Section G Page G-4c (P00039) Page G-4c (P00040) Part 2 – Section I Page 31 (P00021) Page 31 (P00040) Part 2 – Section I Page 32 (P00021) Page 32 (P00040)

N00178-03-C-1015

AF SSS Page 3 P00040

Option 3 – FY07 O&M0007 Type contract: Firm Fixed Price (FFP)

Descriptive data: Services to operate and maintain the Space Surveillance System field stations on a 24-hour, 7 days-a-week basic in accordance with Section C and the attachments.

CLIN ACR

N

Supplies/Services Qty/Unit Unit Price Amount

0007 SSS Operate and Maintain 0007AA CA 1ST Qtr FY07 3 Mos 633,753.40 1,901,260.20

0007AB CB 2nd Qtr FY07 3 Mos 633,753.40 1,901,260.22

0007AC CC 3rd Qtr FY07 3 Mos 641,790.40 1,925,371.20

0007AD CD 4th Qtr FY07 3 Mos 634,520.07 1,903,560.21

* IAW DFARS 252.232-7007 the CLIN was changed to reflect incremental funding.

Option 3 – FY07 Logistics0008 Type contract: Cost Reimbursable (CR) (non fee bearing)

Descriptive data: Logistics Support in accordance with Section C.

CLIN ACRN Supplies/Services Qty/Unit Amount 0008 SSS Logistics Support 0008AA CA Logistic Support Not to Exceed: 1 Lot $17,300.02 0008AB CB Logistic Support Not to Exceed: 1 Lot $102,300.00 0008AC CC Logistic Support Not to Exceed: 1 Lot $180,400.02

Option 4 – FY08 O&M0009 Type contract: Firm Fixed Price (FFP)

Descriptive data: Services to operate and maintain the Space Surveillance System field stations on a 24-hour, 7 days-a-week basic in accordance with Section C and the attachments

CLIN ACRN Supplies/Services Qty/Unit Unit Price Amount 0009 SSS Operate and Maintain

0009AA DA 1st QTR Funding for Oct to Dec 07 MOS 660,613.65 1,981,840.95

0009AB DA 2nd QTR Funding for Jan 08 – March 08 and FY08 SCA Adjsutment

MOS 667,655.64 1,988,882.92

Option 4 – FY08 Logistics0010 Type contract: Cost Reimbursable (CR) (non fee bearing)

Descriptive data: Logistics Support in accordance with Section C.

CLIN ACRN Supplies/Services Qty/Unit Amount 0010 Logistic Support Not to Exceed:

0010AA DA 1st QTR Funding 1 Lot 25,000.00 0010AB DA 2nd QTR Funding for Jan 08 – March 08 1 Lot 24,999.99

NOTE: Contract Award is based on Contract Line Item Numbers 0001 and 0002.

Attachment J.2 provides the current Department of Labor wage determinations that are applicable to this requirement and shall be used to calculate and submit pricing for this effort. Additionally, Attachment J.3 provides the current Collective Bargaining Agreements between the contractor and the IBEW AFL-CIO Local Unions 84 (2), 386, 441, 611, 640, 681, and 985, which shall be also used to submit pricing.

CLINs 0003, 0005, 0007, and 0009 are options, which may be unilaterally exercised by the Government. The exercise of these options will be accomplished in accordance with FAR Clause 52.217-9 entitled “Option to Extend the Term of the Contract” Pricing of these options shall include all costs of doing business including administration of logistics support exclusive of those costs allowable under FAR Clause 52.222-43 entitled “Fair Labor Standards Act and Service Contract Act – Price Adjustment” contained in Section I.

The logistics support options (CLINS 0004, 0006, 0008, 0010) will be awarded only if the option for operation and maintenance support during that specific performance period is exercised and will not be awarded separately.

AF SSS Page 3-e P00040

Option 3 – FY07 Reserved

Type contract:

Descriptive data:

Option 4 – FY08 Reserved

Type contract:

Descriptive data:

CLIN ACRN Supplies/Services Qty/Unit Amount

0019 SCA Adjustment To be determined:

0019AA DA Reserved 1 Lot 0.00

0019AB DA Reserved 1 Lot 0.00

SEVERABLE WORK

Type contract: To be negotiated by project.

Descriptive data: Separately negotiated projects within the scope of the contract, but not already priced in other items as described below in the SubCLINs.

Period of Performance:

CLIN ACRN Supplies/Services Qty Unit Amount 0020 Severable Work To be determined: TBN

AF SSS Page G-4c P00040

Option Year Four Fiscal Year 2008 (FY08)

SF 26, Section A, Block 15G. Total Amount of Contract: (obligated amount) $35,267,621.03.

AC

RN

CLIN # Fund Cites and Purchase Request (PR) Numbers Amount

0009 5783400 308 83A1 331C60 010000 59290 35940F 503000 F03000

DA 0009AA (F3L2DA7214A001)(F3L2DA7298A002)(F3L2DA7324A001) 1,981,840.95

DA 0009AB (F3L2DA7324A001)(F3L2DA8018A001) FY08 SCA Adjustment form

SubCLIN0019AA (P00040) 1,988,882.92

0010 5783400 308 83A1 331C60 010000 59290 35940F 503000 F03000

DA 0010AA (F3L2DA7214A001) 25,000.00

DA 0010AB (F3L2DA7324A001)(F3L2DA8018A001) 24,999.99

0011 5783400 308 83A1 331C60 010000 59290 35940F 503000 F03000

(F3L2DA7214A001)

749,786.00

0016 5783400 308 83A1 331C60 010000 59290 35940F 503000 F03000

DA 0016AA (F3L2DA7214A001)(F3L2DA7298A002)(F3L2DA7324A001) 36,603.54

DA 0016AB (F3L2DA7324A001)(F3L2DA8018A001) 36,603.54

0017 5783400 308 83A1 331C60 010000 59290 35940F 503000 F03000

DA 0017AA (F3L2DA7214A001) 2,916.96

DA 0017AB (F3L2DA7214A001) 784.92

DA 0017AC (F3L2DA7324A001)(F3L2DA8018A001) 2,916.96

DA 0017AD (F3L2DA7324A001)(F3L2DA8018A001) 784.92

DA 0019AA 5783400 308 83A1 331C60 010000 59290 35940F 503000 F03000

(F3L2DA7214A001)(F3L2DA7324A001)(F3L2DA8018A001)

FY08SCA Adjustment moved to SubCLIN 0009AB (P00040)

(7,042.00)

DA 0019AB FY08SCA Adjustment moved to SubCLIN 0019AA (P00039) (805.00)

4,851,120.70

AF SSS Page 31 P00040

SECTION I

CONTRACT CLAUSES

Clause No. Clause Title Date

52.202-1 Definitions DEC 2001

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 1995 52.203-7 Anti-Kickback Procedures JUL 1995 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity JAN 1997 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity JAN 1997 52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 1997 52.203-13 Contractor Code of Business Ethics and Conduct DEC 2007 52.204-2 Security Requirements AUG 1996 52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2006 52.209-6 Protecting the Government’s Interest When Subcontracting With

Contractors Debarred, Suspended, or Proposed for Debarment JUL 1995 52.211-5 Material Requirements AUG 2000 52.211-15 Defense Priority and Allocation Requirements SEP 1990 52.215-2 Audit and Records – Negotiation JUN 1999 52.215-8 Order or Precedence—Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Cost or Pricing Data OCT 1997 52.215-11 Price Reduction for Defective Cost or Pricing Data—Modifications OCT 1997 52.215-12 Subcontractor Cost or Pricing Data OCT 1997 52.215-13 Subcontractor Cost or Pricing Data—Modifications OCT 1997 52.215-15 Pension Adjustments and Asset Reversions DEC 1998 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions OCT 1997 52.215-19 Notification of Ownership Changes OCT 1997 52.215-21 Requirements for Cost or Pricing Data or Information Other

Than Cost or Pricing Data – Modifications OCT 1997 52.219-8 Utilization of Small Business Concerns OCT 2000 52.222-3 Convict Labor AUG 1996 52.222-4 Contract Work Hours and Safety Standards Act – Overtime

Compensation SEP 2000 52.222-20 Walsh-Healey Public Contracts Act DEC 1996 52.222-21 Prohibition of Segregated Facilities FEB 1999

52.222.26 Equal Opportunity APR 2002

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans DEC 2001 52.222-36 Affirmative Action for Workers with Disabilities JUN 1998 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans DEC 2001 52.222-41 Service Contract Act of 1965, as Amended MAY 1989 52.222-43 Fair labor Standards Act and Service Contract Act – Price

Adjustment (Multiple Year and Option) MAY1989 52.223-5 Pollution Prevention and Right-to-Know Information APR 1998 52.223-6 Drug Free Workplace MAY 2001

AF SSS Page 32 P00040

52.223-14 Toxic Chemical Release Reporting OCT 2000 52.225-13 Restrictions on Certain Foreign Purchases JUL 2000 52.226-1 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises JUN 2000 52.227-1 Authorization and Consent JUL 1995 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement AUG 1996 52.227-3 Patent Indemnity APR 1984