STORMS Solicitation Amendment FA251824R00010002 SF 30.pdf

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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 theoffer submitted;

or (c) By separate letter or electronic communication 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 letter or electronic communication, provided each letter or electronic communication 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/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

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 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.)

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)

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

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

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

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

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

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

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBE

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

Created On: 16 Nov 2023, 10:16 AM Central Standard Time

1 8

0002 16 Nov 2023

FA2518

FA2518 USSF SPOC SAM-D CONTRACTING

BLDG 1 CP 719 554 5592, 150 VANDENBERG ST STE 1500

PETERSON AFB, CO 80914-4184

UNITED STATES

JOHN MCLAUGHLIN, Email: john.mclaughlin.35@spaceforce.mil

FA251824R0001

24 Oct 2023

See Section G - Contract Administration Data

The purpose of this Amendment 0002 is to make the following changes: see Summary of Changes listed on Page Two (2).

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

The Satellite Control Network Tracking Station Operations, Remote Site and Mission Partner Block 14 (Description of Amendment/Modification):

Support (STORMS) requirements at the Telemetry and Commanding Station (TCS), "LION", 23 SOPS/OL-A, United Kingdom (UK) Ministry of Defense (MOD) Oakhanger, Hampshire UK where work is being performed by local nationals and that is to abide by the applicable Transfer of Undertakings (Protection of Employment) (TUPE) regulations. The Government has not been able to obtain and provide to all Offerors the Collective Bargaining Agreement (CBA), Service Contract Act (SCA) Wage Determination(s) (WDs), or UK equivalent labor / rate agreements for the work to be performed at TCS / LION. Therefore, the Government has determined to remove the TCS / LION site from technical evaluation.

An Offeror selected for award shall be required to abide by the Solicitation Section H TUPE Provision and Clause requirements by providing the UK labor / rate agreement and a staffing plan to the Government to negotiate a future bilateral modification for TCS / LION before phase-in is complete. An Offeror also agrees that if required, they will provide any additional documentation relating to this requirement that is not listed.

The purpose of Amendment 02 placed against FA2518-24-R-0001 is to make the following changes/updates:

a. Remove the STORMS requirement at TCS / LION from technical evaluation and make the following changes:

1) Update Section H provision Transfer of Undertakings (Protection of Employment) (TUPE) paragraphs (c) and (e).

2) Update Amend 02 - Attachment Twelve (12) - CUI STORMS Task Order Section L - Instructions Conditions and Notices to Offerors, Phase II, Volume II, Subfactor Three (3) - Organizational Structure and Staffing at all SCN Locations to now exclude TTS, DGS, and TCS / LIOIN.

3) Update Amend 02 - Attachment Thirteen (13) - CUI STORMS Task Order Section M - Evaluation Factors for Award, Phase II, Volume II, Subfactor Three (3) - Organizational Structure and Staffing at all SCN Locations to now exclude TTS, DGS, and TCS / LIOIN.

4) Update Amend 02 - Attachment Fourteen (14) - CUI STORMS Staffing for SCN Locations by removing the TCS / LION page/tab.

b. Based on questions received and posted in Amendment 01 to the Solicitation, the Government inadvertently did not provide updated Amend 01 - Attachment Four (4) - CUI STORMS Mgt. Experience Form and Amend 01 - Attachment Five (5) - CUI STORMS Tracking Station Experience Form to add one additional page to each. The Government is now providing both Amend 02 Attachments (Attachment Four (4) with NTE five (5) pages and Attachment Five (5) with NTE eight (8) pages). NOTE: Due to this error, there is no Amend 01 - Attachment Four (4) or Five (5); only Amend 02 that provides the additional pages.

c. Update Section J - List of Attachments to provide Amend 02 Attachments as described above.

d. All other Terms and Conditions shall remain the same and unchanged at this time. Questions will no longer be accepted regarding this solicitation.

Section H - Special Contract Requirements

Miscellaneous text in this section has been modified to:

STAFFING POSITIONS:

All, some, or none of the Offeror's technical proposal, including the proposed Staffing Plan, may be incorporated into the contract that results from this solicitation. After the completion of phase-in and at contract start, all proposed positions shall be filled, and employees shall have current and valid professional certifications, in accordance with proposed position descriptions.

At contract start and at any other time during the contract performance, for the Satellite Control Network (SCN)performance location where a vacancy exists and is not filled in accordance with the table shown below, a monthly Operations and Organizational Maintenance(O&OM) Labor Contract Line Item Number (CLIN) reduction will occur monthly. Each month's calculation shall be based on the total monthly awarded value for the current period per SCN location. This decrement calculation will always be based on the current CLIN value. If a modification is agreed upon to increase /decrease the O&OM CLIN monthly total, the monthly decrement will then be applied to the new monthly CLIN total.

Locations Number of Days Position is Vacant

Thule Tracking Station (TTS) and Diego Garcia Tracking Station (DGS) After sixty (60) calendar days

All other SCN locations After forty-five (45) calendar days

FA251824R00010002

Failure to maintain performance in accordance with required staffing levels proposed to meet the requirements of the Task Order 1 Performance Work Statement (PWS) and section J - Attachment TBD (per staffing plan incorporated into the task order) will result in the Government removing

, of the non-conforming SCN performance location. 2% from the total amount of the monthly O&OM Labor CLIN per SCN location As shown in the example below, each month's calculation shall be based on the total awarded O&OM CLIN value for the current monthly period. The calculation for this section shall begin on the 61st/46th calendar day of the vacancy and shall be based on 2% of the monthly O&OM CLIN total awarded value divided by thirty (30) days (standard # of days in a month) and then multiplied by the number of days that each position is vacant in that month. All values will be rounded up to the whole dollar amount.

The Government will take into consideration the circumstances surrounding each vacancy. The Contractor can submit this information to the Procuring Contracting Officer(PCO) to review. The PCO retains final decision authority over any action related to this contract section.

Moving, hiring or promoting personnel from one performance area to another will constitute a vacancy in the losing performance area and does not restart the sixty (60) / forty-five (45) day period as this does not restore staffing on the contract to the proposed staffing plan/crew schedule (Meaning, an Offeror cannot simply move a person into a vacant position that causes a subsequent vacancy, or cross-utilize the same person to fill multiple vacancies on full time positions, to restart the sixty (60) / forty-five (45) day clock).

Example:

PER VACANCY:

The 61st day of an unfilled vacancy falls on the 10th day of a month.

The vacancy is not filled for the rest of that month, which equals 20 days.

All values will be rounded up to the nearest whole dollar.

CLIN X0XX awarded monthly value = $1,000,000 2% of CLIN X0XX = $20,000 $20,000/30 days = $666.67 per day per vacancy (rounded to $667.00) $667.00 times 20 days = $13,340 which will be removed from the appropriate CLIN

The following month, the vacancy remains unfilled for an additional 8days.

$667 x 8 days = $5,336, which will be removed from the appropriate CLIN.

The Government considers failure to maintain qualified, certified staffing at the proposed SCN location and incorporated staffing level an event of default and reserves all rights and remedies of default. In the event of a termination for default, the Government will assess these damages until the Government reasonably obtains performance of similar services. This removal is in addition to excess costs of repurchase under the termination clause.

MEDICALEVACUATION:

The Offeror shall be responsible for all associated costs for medical treatment, transportation (charter of flight / paying for flight), or evacuation of their personnel from TTS and DGS to the nearest medical facility for treatment. Government resources are not readily available, if at all, for medical treatment, transportation, or evacuation of contractor personnel. The Offeror is responsible for their personnel if medical treatment, transportation, or evacuation is required. The Offeror accepts all risks and associated costs with medical treatment, transportation, or evacuation from these two (2) SCN locations and are required to maintain contract performance.

TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) (TUPE):

The STORMS requires work is to be performed at Telemetry and Commanding Station (TCS), "LION", 23 SOPS/OL-A, United Kingdom (UK) Ministry of Defense (MOD) Oakhanger, Hampshire, UK per the IDIQ and Task Order PWS. As such the following Transfer of Undertakings (Protection of Employment) (TUPE) Provision and Clauses apply to all work to be performed in the United Kingdom.

SOLICITATIION PROVISION:

Amendment 02 Changes are shown below and highlighted in " ".Yellow

TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) (TUPE) REGULATIONS FOR WORK TO BE PERFORMED

IN THE UNITED KINGDOM:

The United States Government would draw to your attention the fact that the Transfer of Undertakings(Protection of Employment) (TUPE) Regulations 2014 (as amended) of the United Kingdom (UK) applies to the STORMS requirement.

(a) The TUPE regulations apply to automatically transfer employees' employment between employers where there is a "relevant transfer", which can occur when there is a transfer of a business or service provision change where there is an organized group of staff whose principle purpose is performing the work/activity that is being transferred.

1.

2.

3.

4.

(b) Should TUPE apply, resulting in a "relevant transfer", the undertaking concerned (or any relevant part of the undertaking) would transfer to the successor contractor on the commencement of full operations in accordance with the TUPE regulations. The United States Government would be neither transferor nor transferee of the employees in the circumstances of any contract awarded as a result of this procurement and it each offeror's responsibility to consider whether or not TUPE applies to this competition and to propose accordingly.

(c) TUPE information for TCS / LION has not been obtained by the Government. The work currently being performed at Telemetry and Commanding Station (TCS), "LION", is performed by an international company with local nationals who may disclose current employment information at the site, but the Government has not been able to obtain that information as its not contractually required under the current CAMMO contract. Per UK Labor Laws /TUPE, this work is required to remain with current employees or local nationals of the country and be of the same or higher/better pay/benefits in future outyears.

As such and to allow fair opportunity among all 8(a) small business concerns, the SpOC SAIO has updated the following Attachments:

Amend 01 - Attachment Seven (7) - CUI Task Order CLIN Schedule Worksheet for TCS / LION Operations and Organizational-Level Maintenance(O&OM) and Remote Site Support (RSS) CLINs with a Firm Fixed Price (FFP) total for each of the performance periods. Your 8(a) organization is not required to provide pricing for TCS / LION in your proposal as it will be negotiated in a future bilateral modification.

Amend 02 - Attachment Twelve (12) - CUI STORMS Task Order Section L - Instructions Conditions and Notices to Offerors, Phase II, Volume II, Factor 2, Subfactor Three (3) - Organizational Structure and Staffing at all SCN locations to now exclude TTS, DGS, and TCS / LION.

Amend 02 - Attachment Thirteen (13) - CUI STORMS Task Order Section M - Evaluation Factors for Award, Phase II, Volume II, Factor 2, Subfactor Three (3) - Organizational Structure and Staffing at all SCN locations to now exclude TTS, DGS, and TCS / LION.

Amend 02 - Attachment Fourteen (14) - CUI STORMS Staffing for SCN locations by removing the TCS / LION page /tab.

An Offeror selected for award shall be required to disclose the current UK employment information (number of employees excluding any unique /personal identifier, labor rates, hours, any information associated to employing UK Local nationals, etc.) and a staffing plan to be incorporated into to the SpOC SAIO for review and verification after award. The Government and Awardee will then enter the contract three (3) weeks or less negotiations to increase or decrease the total amounts for the TCS / LION CLINs based on information provided and incorporate the approved

The total amount agreed upon will be completed through a bilateral staffing plan for this site as an attachment to the contract. and all changes modification to the contract before phase-in is complete or at the earliest date possible. An Awardee shall also agree, that if required, they will provide any additional documentation relating to the requirement that is not listed and at no additional cost to the Government.

Last, the Awardee who has an international subcontractor/teaming partner shall obtain an approved Technical Assistance Agreement (TAA) one (1) year from the date of award as applicable. or earlier The Government reserves the right to reduce this time frame as applicable at no additional cost.

(d) Each offeror shall confirm with their submission to this Request for Proposal that they shall indemnify and hold harmless the United States Government against all claims arising out of their determination of TUPE applicability, as well as the application of the TUPE information provided in the Request for Proposal. This indemnity includes any obligation to handle and settle, without cost to the United States Government, any claims or litigation concerning allegations that the Contractor or the United States Government, or both, have not fully complied with local labor laws or any applicable laws relating to the release of information or regulations relating to the performance of work required by this contract not make any claim, demand or take any actions, proceedings against nor seek to avoid any contract or seek any amendment to a contract placed by the United States Government arising from or relating to the provision of the information, whether or not they are awarded the resulting contract.

(e)The UK and US Government are also providing the following guidance to assist potential Offerors:

United Kingdom Websites: Site / Link

GOV.UK - Government Services and Information https://www.gov.uk/

TUPE: Guide to 2006 Regulations (Amendment 2014) https://www.gov.uk/government/publications/tupe-a-guide-to-the-2006-regulations

Business Transfers, Takeovers, and TUPE https://www.gov.uk/transfers-takeovers

UK National Minimum Wage and National Living Wage Rates https://www.gov.uk/national-minimum-wage-rates

An Offeror/Contractor who signs the solicitation SF30 and SF33(s) (Amendments) agree that they fully understand this TUPE requirement and that if awarded the STORMS requirement, their obligation to disclose all required information concerning TUPE and provide a sufficient staffing plan to be shall be required for execution of bilateral modification to increase / decrease the costs for TCS / LION as stated above.incorporated into the contract, (End of provision)

CONTRACT CLAUSE:

TRANFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) REGULATIONS:

(a) Definition. The TUPE regulations apply to automatically transfer employees' employment between employers where there is a "relevant transfer", which can occur when there is a transfer of a business or service provision change where there is an organized group of staff whose principle purpose is performing the work/activity that is being transferred.

(b) The United States Government would draw your attention to the fact that TUPE is applicable to this contract. Should TUPE apply, the undertaking concerned (or any relevant part of the undertaking) shall transfer to the successor contractor on the commencement of full operations in accordance with TUPE regulations set forth by the UK.

(c) Employee Information. Any time prior to contract expiration or at any time after the service of a notice to terminate this Contract or any of the services (whether in whole or part) or on receipt of a written request by the Contracting Officer, the contractor shall (and shall require that any employing sub-contractor shall)provide the Contracting Officer the following TUPE information in respect of contractor or sub-contractor employees who are wholly or mainly employed, assigned or engaged in providing services under this contract:

1) Upon receipt of such written request by the US Government Contracting Officer, the awarded Contractor of this requirement shall provide all necessary TUPE information as required in order to consider the application of the TUPE regulations within fourteen (14) calendar days to the Contracting Office and at no cost to the US Government. The provided information will then be that of the US Government and can be disclosed to future Offerors during a recompete of this requirement. At a minimum, the following information shall be provided (list is not all inclusive and additional information can be reasonably requested by the US Government);

2) Such full and accurate and up-to-date information as may be requested including the information listed in paragraph (d)of this clause relating to the employees who are wholly or mainly employed, assigned or engaged in providing services under this contract who may be subject to a Subsequent Relevant Transfer. It is understood that this information will not identify an individual member of staff by name or other unique personal identifier so that the provisions of any applicable laws relating to the release of information are not infringed;

3) Acknowledge that the United States Government intends to make this data available to prospective offerors for any service which are substantially the same as the services or part of the services provided pursuant to this contract in an effort to maintain the integrity of the contractual process and the equality of treatment between offerors. The United States Government will use the data solely for the purposes of the reacquisition and will only release this information to interested offerors with instructions to protect the data in accordance with applicable laws relating to such infuriation;

4) Inform the Contracting Officer of any changes to the information provided under this clause up to the Subsequent Transfer Date as soon as reasonably practicable.

(d) Pursuant to paragraph (c)(2) above, the following information will be provided by the Awardee/Contractor in a format found acceptable by the United States Government at time of request:

1. The total number of individual employees (including any employees of Sub-Contractors) that are currently engaged, assigned or employed in providing the Services and who may therefore be transferred. Alternatively, the Contractor should provide information why any of their employees or those of their Sub-Contractors will not transfer;

2. The total number of posts or proportion of posts expressed as a full-time equivalent value that currently undertakes the work that is to transfer;

3. The preceding 12 months total pay costs - (Pay, benefits employee/employer ERNIC and Overtime);

4. Total redundancy liability including any enhanced contractual payments;

(e) In respect of those employees included in the total at (d) above the following information:

1. Age (not date of Birth);

2. Employment Status (i.e. Fixed Term, Casual, Permanent);

3. Length of current period of continuous employment (in years, months) and notice entitlement;

4. Weekly conditioned hours of attendance (gross);

5. Standard Annual Holiday Entitlement(not "in year" holiday entitlement that may contain carry over or deficit from previous leave years);

6. Pension Scheme Membership:

7. Pension and redundancy liability information;

8. Annual Salary;

9. Details of any regular over time commitments (these may be weekly, monthly or annual commitments for which staff may receive an overtime payment);

10. Details of attendance patterns that attract enhanced rates of pay or allowances;

11. Regular/recurring allowances;

12. Outstanding financial claims arising from employment (i.e. season ticket loans, transfer grants);

(g) Make the following information available in a convenient electronic form to the United States Government to be provided to potential offerors as detailed at paragraph (c) above: reference documents, notices, handbooks, instructions or electronic media, etc. for:

1. Employment terms and conditions applicable to those members of staff who may be transferred, (e.g., probationary periods, retirement age, periods of notice, current pay agreements, working hours, entitlement to annual sick leave, maternity and paternity special leave, terms of mobility, loan or leasing schemes, occupational welfare, facility time arrangements, competencies, job descriptions and additional employment benefits).

2. Relevant collective agreements.

3. Details of the pension schemes.

(h) The provision of the information requested in this letter to the United States Government is not to be taken as discharging your obligations under Regulation 11 of the TUPE Regulations, if applicable, and there shall be no interruptions to the work being performed.

(i) The contractor and any subcontractor providing data under this clause, indemnifies and holds harmless the United States Government from all claims arising out of the requirements of this clause. This indemnity includes the Contractor's obligation to handle and settle, without cost to the United States Government, any claims or litigation concerning allegations that the Contractor or the United States Government, or both, have not fully complied with local labor laws, data protection or regulations relating to the performance of work required by this contract.

(End of clause)

Section J - List of Attachments

Miscellaneous text in this section has been modified to:

Attachments entitled "Amend 01 / - .." below have been updated/changed from the original solicitation. Attachments without "Amend 01 -Amend 02 .." have not changed and remain the same.

Attachment Number of Pages Date Title

AMEND 01 - Attachment One (1) 68 13 November

2023 CUI STORMS IDIQ PWS

AMEND 01 - Attachment Two (2) 132

November

CUI STORMS Task Order PWS

Attachment Three (3) 1 7 September 2023 STORMS Bidders' Library Instructions

Amend 02 - Attachment Four (4) 5 16 November

2023 CUI STORMS Mgt. Experience Form F1SF1

Amend 02 - Attachment Five (5) 8 16 November

2023 CUI STORMS Tracking Station Experience Form F1SF2

AMEND 01 - Attachment Six (6) 3 13 November

CUI Task Order Mission Essential Contractor Services by PWS Paragraph

AMEND 01 - Attachment Seven (7)

(Excel Doc with 7 Pages/Tabs)

13 November 2023 CUI Task Order CLIN Schedule Worksheet

Attachment Eight (8) 6 7 September 2023 CUI STORMS IDIQ DD254.pdf

Attachment Nine (9) 6 7 September

CUI STORMS Task Order DD254

Attachment Ten (10) 66 7 September 2023 STORMS Perf. Locations Wage Determination

Attachment Eleven (11) 262 7 September 2023 Current CBAs on CAMMO per Location

AMEND 02 - Attachment Twelve (12) 11 16 November

STORMS Task Order Section L - Instructions, Conditions, and Notices to Offerors

AMEND 02 - Attachment Thirteen (13) 7 16 November

STORMS Task Order Section M - Evaluation Factors for Award

AMEND 02 - Attachment Fourteen (14)

(Excel Doc with Pages9 /Tabs)

16 November 2023 CUI STORMS Staffing for SCN Locations