FA2521-13-R-0019_0002_CLOIS_Amendment_2.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SPECIAL CONTRACT REQUIREMENTS

SECTION H - SPECIAL CONTRACT REQUIREMENTS IN FULL TEXT

The following contract clauses pertinent to this section are hereby incorporated in full text:

H-1 SMALL BUSINESS SUBCONTRACTING PLAN REQUIREMENT

In the event the successful awardee recertifies as other than small business (OTSB) (grew to become OTSB or was bought out by a firm who is OTSB), a small business subcontracting plan will be required, and the required percentages for small business subcontract performance shall be negotiated into this contract.

In the event of the above, the contract will be modified to incorporate the appropriate required clauses. The contractor shall manage the subcontracting plan in accordance with FAR 52.244-5 and 52.219-8 to ensure the required negotiated small business subcontract performance percentage are met. “Small Business” means small businesses, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business. The contractor shall submit subcontracting reports via website https://esrs.symplicity.com/index?_tab=signin (Electronic Subcontracting Reporting System (eSRS)) to the Contracting Officer semi-annually. The information shall be monitored and tracked for use in the Contract Performance Annual Reports (CPARS).

H-2 IMPACT OF REVISED WAGE DETERMINATIONS

Wage adjustments will be in accordance with FAR 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts), and shall ensure that contract prices or contract unit price labor rates are adjusted only to the extent that a contractor’s increases or decreases in applicable wages and fringe benefits are made to comply with requirements.

SCA prevailing wage determinations and revised contractor’s collective bargaining agreements will be incorporated by contract modification effective 1 October each year. This will be accomplished by negotiating an adjustment for both Firm Fixed Price and Cost Plus Fixed Fee CLINs and the Labor Rates Listing, Section J Attachment 3.

H-3 ORDERING PROCEDURES

TASK ORDER PERFORMANCE PERIOD

Period of Performance will be Task Order Specific. Individual task order performance periods may extend beyond the contract performance period. However, a task order may not have a performance period that extends more than 365 days beyond the final day of the base year, or any exercised option year.

TASK ORDER FUNDING

All work under this contract will be funded at the task order level. No unfunded task orders are authorized. Specifics regarding funding allocations (e.g., full funding or partial/incremental funding) will be provided with each task order.

In no event shall the Contractor be authorized to incur costs under an individual task order in excess of the total amount of funds obligated against that task order without direction of the Contracting Officer. For cost reimbursable task orders or incrementally funded task orders, the Contractor must comply with the notification requirements of FAR 52.232-20, Limitation of Cost and FAR 52.232-22 Limitation of Funds.

All task orders that exceed the Certified Cost and Pricing threshold will be subject to obtaining certified cost and pricing data in accordance with FAR 15.403-4(b).

TASK ORDER PROCEDURES

1. Task Order General Information:

1.1 The Contractor shall perform work assigned under this contract as directed in task orders issued by the Contracting Officer. Task orders will be executed in writing through a bilateral agreement between the Contractor and Government using a Department of Defense (DD) 1155 or equivalent agency form. Upon execution of task orders, the Contractor shall provide the personnel, facilities, equipment, and other materials and services necessary to perform the work set forth in the task order.

1.2. Task orders shall be subject to the terms and conditions of this Contract. In the event of conflict between a task order and this Contract, the Contract shall control. Task Orders shall be subject to appropriation and availability of funds as described in FAR clause 52.232-18, Availability of Funds.

1.3. Task orders may be issued from the effective date of this Contract through completion or termination of the Contract. Any task order issued during the effective period of this Contract and not completed within that time shall be completed by the Contractor within the time specified in the task order. The task order and the Contract shall govern the Contractor’s and Government’s rights and obligations with respect to that task order to the same extent as if the task order were completed during the Contract’s effective period.

1.4. There is no limit on the number of task orders that may be issued against this Contract, if and when needed.

1.5. The majority of task orders for any given fiscal year will be ordered near the start of the fiscal year and will follow the below general timeline.

- May: Government Program Office call to customers for Task Orders

- 15 Jun: All requirements due to Government PMO

- 01 Jul: Task Order Packages submitted to Contractor for proposal

- 15 Aug: Task Order estimates submitted from Contractor to Government

- 15 Aug – 15 Sep: Negotiations, Finalize Task Orders

1.6. Those task orders established for no less than 6 months will follow the below general timeline.

- Nov: Government Program Office call to customers for Task Orders

- 15 Dec: All requirements due to Government PMO

- 01 Jan: Task Order Packages submitted to Contractor for proposal

- 15 Feb: Task Order estimates submitted from Contractor to Government

- 15 Feb -15 Mar: Negotiations, Finalize Task Orders

2. Task Ordering Process

2.1. Each requiring organization will submit a Task Order Request Package to the Government PMO. (Exception: the Government PMO will handle requirement preparation for the primary 45 SW T.O.) For task orders beginning with the Fiscal Year and for those no less than 6 months must occur IAW the above timelines. All other task orders will be processed on an as-needed basis.

2.1.1. Customer Task Order Request Package (TORP) from requiring authority to the Contracting Officer:

· Requirement Statement

· Estimated Task Order Magnitude Worksheet (POP, CLIN #’s, Appendices, etc.)

· Independent Government Estimate (IGE)

· Funding Document

· Any other pertinent supporting documentation

· Points of Contact (including COR)

2.1.2. Task Order Request for Proposal from Contracting Officer to the Contractor:

· Contracting Officer’s Cover Letter (including applicable deadlines)

· Contract number and Order number

· Requirement Statement

· Estimated Task Order Magnitude Worksheet (POP, CLINs, Appendices, etc)

· Task Ordering Worksheet

· Any other pertinent supporting documentation

· Points of Contact (including COR)

· Accounting, Appropriations and WAWF data

2.2. After receipt of a formal task order request from the contracting officer, the contractor may request a task order pre-proposal meeting. Unless otherwise agreed upon, the contractor must submit the task order proposal within 10 calendar days.

2.3. Task Order Negotiation & Award:

2.3.1. Each customer will receive its own Task Order with work on the CLINs specified in the TORP. Any Task Order utilizing a cost CLIN or a separately negotiated FFP CLIN will be a negotiated bilateral agreement.

2.3.2. For negotiation purposes, the contractor’s estimate (line items and quantities), are the items to be negotiated. Negotiations shall be conducted to discuss and reconcile line items with significant quantity/cost differences between the contractor’s and government’s final estimates.

2.4. Task Ordering Information:

2.4.1. The Task Ordering Worksheet Section J Attachment 2 in conjunction with any tailored appendices and mission statements will serve as the basis for task orders.

2.4.2. Ordering Procedures: See Task Ordering Worksheet Section J Attachment 2 for specific units of measure, order frequency and specific CLIN instructions.

H-4 LABOR RATES LISTING MAINTENANCE

Labor Rates Listing Section J Attachment 3 will be updated annually on 1 October. The contractor’s most recent approved Forward Price Rate agreement will be used to update indirect rates. The amount of profit/fee will not change.

H-5

INFORMATION AND DATA

1.

All sketches, notebooks, designs, drawings, specifications, blueprints, models, negatives, photographs, findings, memoranda, as well as all recommendations, automated data processing equipment (ADPE) programs, Data Access List (DAL) items, and data of every description, as well as all copies of the foregoing, furnished by the government, or produced or otherwise acquired by the contractor in the performance of this contract shall be the property of the government, and except as otherwise provided below shall not be marked or have a legend placed on any such information inconsistent with the government rights as described herein. (Any data belonging to third parties and furnished to the contractor by the government in performance of this contract shall be treated similarly to property of the government.) The contractor retains no right, title, or interest in and to the information and data referred to in this paragraph; and it shall be delivered by the contractor to the government upon completion or termination of this contract or when directed by the Contracting Officer. The government shall have the right to use, reproduce, or disclose the data covered by this provision in any way and for any purpose it may desire with the exception that competition sensitive data, marked as such by the contractor and so agreed to by the government, such as personal data on individuals, payroll records, management methodology, and organizational approaches, shall not be disclosed outside the government. The contractor agrees to mark the number of this contract on all data delivered hereunder.

2.

Except as specifically authorized by this contract, or as otherwise approved in writing by the Contracting Officer, all information and data developed, acquired or furnished by or to the contractor in the performance of this contract, shall be protected by the contractor from unauthorized use, release, duplication or disclosure.

3.

All contractor manning information is government property and useable/releasable for whatever purposes the government sees appropriate. This includes, but is not limited to, release for future competition efforts.

4.

The contractor shall take appropriate measures to assure that its personnel who have or might reasonably have access to such information and data referred to in paragraph b. above, agree to honor the contractor's commitment and safeguard such information and data.

5.

The contractor shall securely maintain and store for the government all records including those which the CLOIS does not expressly require the contractor to deliver to the government.

6.

For the purpose of DFARS 252.227-7030 entitled "Technical Data--Withholding of Payment (Mar 2000)”, the term "technical data" shall include only that data described in DFARS 252.227-7013 entitled “Rights in Technical Data – Noncommercial Items (Feb 2014)”. In accordance with DFARS 252.227-7030, the maximum sum specified for withholding is 10% of the total contract price. Nothing contained in this special contract requirement or elsewhere in this contract shall be construed as altering the definition of "technical data" for the purpose of applying the requirements of DFARS 252.227-7030.

H-6 INSURANCE

In accordance with the requirements of FAR 52.228-5 “Insurance-Work on a Government Installation,” the specific types and amounts of insurance contemplated under this contract are set forth in FAR 28.307.

SECTION I - CONTRACT CLAUSES

The following have been deleted:

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been added by full text:

52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA OR INFORMATION OTHER THAN CERTIFIED COST OR PRICING DATA (OCT 2010)—ALTERNATE IV (OCT 2010)

(a) Submission of certified cost or pricing data is not required.

(b) Provide data described below: Submit all other than cost and pricing data in the format described in Section L Instructions to Offerors.

(End of provision)

(End of Summary of Changes)