RFP Amendment 0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this Amendment is to:

1. Section H: Modify clause H-130, Sucessor Contractor.

2. Section I: Insert DFARS clause 252.222-7006, Restrictions on the Use of Mandatory Arbitration Agreements by full text.

3. Section L: Modify Section L - Information to Offerors sections L3.1.1, L6.2.1.18, L7.3, and section L7.3.4.2.2 w as also inserted. Moved the Subcontracting/Participation Plans requirements documentation from Volume II to Volume I

4. Section L: Modify Section L - Information to Offerors section L8.2.4. Changed the limit of the Past Performance Information Sheets to 9, removed paragraph 4, and modified paragraph 5.

5. Section L: Modify Section L - Information to Offerors section L9.2.2. Changed the Basis of Estimate reference to L9.2.8.2a.

6. Task Order 1: Correct the cross references betw een CDRL and requirement (Included as a seperate attachment)

1. CONTRACT ID CODE PAGE OF PAGES

U 1 30

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 17-Dec-2010

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X FA7046-10-R-0005

X 9B. DATED (SEE ITEM 11)

03-Dec-2010

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer 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 1 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)

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:

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.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

17-Dec-2010

CODE

HQ AFOTEC/A7K - "F2KEMC"

ATTN: GREG DAVIS

8500 GIBSON BLVD SE

KIRTLAND AFB NM 87117

FA7046 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

FA7046-10-R-0005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

H-130

H-130 SUCCESSOR CONTRACTOR (MAR 2008)

(a) This contract represents a continuing need of the government, as such, it is anticipated that, upon completion or termination of this contract, another contract for substantially the same effort will be executed. In the event that another contractor is selected as the “successor” contractor, it is mutually agreed and understood that the Government interests in such a case may be best served through employment by the successor Contractor of Contractor employees who may be acceptable to the successor Contractor and who otherwise elect to accept employment with the successor Contractor.

(b) The Contractor agrees to preserve and make available to the Contracting Officer, if requested, copies of all records and other documentation, developed or acquired under this contract or preceding contracts for this effort, regarding performance of the work required by this contract.

(c) The Contractor agrees to cooperate fully with the Government and any successor Contractor to ensure an orderly transition at the end of this contract. The Contractor shall:

(1) Make available to the Contracting Officer, upon request, the names, job titles, and duties of all employees who have worked on this contract.

(2) Permit current employees to be interviewed for possible employment by a successor Contractor

(3) Provide, as requested, an orientation of the successor Contractor employees during the final ninety (90) days of this contract.

(End Clause)

SECTION I - CONTRACT CLAUSES

The following have been added by full text:

252.222-7006 RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION AGREEMENTS (MAY

2010)

(a) Definitions. As used in this clause--

Covered subcontractor means any entity that has a subcontract valued in excess of $1 million, except a subcontract for the acquisition of commercial items, including commercially available off-the-shelf items.

Subcontract means any contract, as defined in Federal Acquisition Regulation subpart 2.1, to furnish supplies or services for performance of this contract or a higher-tier subcontract thereunder.

(b) The Contractor--

(1) Agrees not to--

(i) Enter into any agreement with any of its employees or independent contractors that requires, as a condition of employment, that the employee or independent contractor agree to resolve through arbitration--

(A) Any claim under title VII of the Civil Rights Act of 1964; or

(B) Any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or

(ii) Take any action to enforce any provision of an existing agreement with an employee or independent contractor that mandates that the employee or independent contractor resolve through arbitration--

(A) Any claim under title VII of the Civil Rights Act of 1964; or

(B) Any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; and

(2) Certifies, by signature of the contract, for contracts awarded after June 17, 2010, that it requires each covered subcontractor to agree not to enter into, and not to take any action to enforce, any provision of any agreements, as described in paragraph (b)(1) of this clause, with respect to any employee or independent contractor performing work related to such subcontract.

(c) The prohibitions of this clause do not apply with respect to a contractor's or subcontractor's agreements with employees or independent contractors that may not be enforced in a court of the United States.

(d) The Secretary of Defense may waive the applicability of the restrictions of paragraph (b) of this clause in accordance with Defense Federal Acquisition Regulation Supplement 222.7403.

(End of clause)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been modified:

INFORMATION TO OFFERORS

SECTION L - INFORMATION TO OFFERORS (ITO) AND INSTRUCTIONS FOR PROPOSAL

PREPARATATION

L3.1.1 PROPOSAL VOLUMES ORGRANIZATION, NUMBER OF COPIES, AND PAGE LIMITS

The Offeror shall prepare the proposal as set forth in Table L3.1.1 and Section L. The titles and contents of the volumes shall be in accordance with Table L3.1.1.

Table L3.1.1 - Proposal Organization

VOLUME VOLUME TITLE COPIES PAGE LIMIT

I Administrative

Subcontracting/Participation Plans included Original + 5

+ 1 CD-ROM

10 pages for Executive Summary/No Limit for

Contract Documentation II Mission Capability written responses to task orders 1 Original + 5

+ 1 CD-ROM

100 pages total

III Past Performance Original + 4

+ 1 CD-ROM

See Para L8.0

IV Cost/Price Original + 2

+ 1 CD-ROM

No Limit

1 Responses to Task Orders will be used as evaluation data for subfactors

L6.2.1.18 Small Business Subcontracting/Participation Plans. As noted in L.7.3.4.2.2 please include the requirements for Small Business Subcontracting/Participation Plans in Volume I – Administrative.

L7.3 VOLUME ORGANIZATION

The Mission Capability volume shall be organized according to the following general outline:

Table of Contents, to include list(s) of Tables/Drawings/Matrices

Glossary of key words and acronyms

Subfactor 1: Technical Solutions Subfactor 2: Knowledge and Experience Subfactor 3: Program Management and Personnel Subfactor 4: Small Business Subcontracting and Participation Plans (Requirements included in Volume I- Administrative)

L7.3.4.2.2 ALL offerors shall provide the following requirments in Volume I - Administrative (1) through (3) below:

(1) A table which lists the following:

(a) All proposed first and second tier subcontractors, individually by name with their addresses,

(b) Subcontractor business type (large, small (SB), small disadvantaged to include HBCU/MI (SDB), women-owned (WOSB), HUB Zone, veteran-owned (VOSB), service-disabled veteran-owned (SDVOSB)), as determined by the SBA size standard for the specific work being subcontracted. List all applicable categories for each subcontractor.

(c) The principal service/supply being provided by the subcontractor.

(d) The complexity of the service/product provided. A brief narrative on complexity of subcontract services/products must describe:

Product: Complex performance specifications or stringent tolerances;

Services: Advanced professional skills or application of innovative technologies.

(e) Expected dollar value of the subcontract.

(2) A table which summarizes the total 1st and 2nd tier subcontract dollars proposed for each category of small business: SB, SDB, WOSB, HUBZone, VOSB and SDVOSB. Subcontractors that qualify for inclusion in more than one category shall be included in each category for which they qualify. For example, the value of subcontracts at both tiers to be awarded to a WOSB in a HUBZone shall be included in WOSB, HUBZone and SB totals.

(3) A copy of binding agreements and enforceable commitments executed with the firms identified in the table required by L7.3.4.2.2 above. The requirements for Small Business Subcontracting/Participation Plans should be included in Volume I – Administrative not Volume II-Mission Capability.

A sample of the table described in L7.3.4.2.2 is provided below:

Name of 1st and 2nd Tier Subcontractors

Subcontractor Address

Type of Business (Large, SB, HUBZone, SDB, WOSB, VOSB, SDVOSB)

Principal Supply/Service Provided

Complexity of Product/Service Provided

Dollar Amount of Subcontract

XYZ Corp. 123 Main St.

Anytown,NY 01345

Large Castings Manufactured to .01 tolerance

$1,500,000

Acme, Ltd. 456 First Ave.

Somewhere, NY 54321

SB,

SDB,

VOSB

Logistics software

Utilizing ISO 9000 and S100D Standards with

XML

$ 75,000

Note 1: The CCR & SBA Dynamic Small Business Search ( http://www.bpn.gov/ccr/ and http://web.sba.gov/pro-net/search/dsp_dsbs.cfm) databases will be viewed to verify the small business category or categories of the proposed small businesses in the table. The offerors shall list all applicable business types for which each subcontractor qualifies. The definition of a small business concern is as set forth in 13 CFR 121.105. The definition of “subcontract” is as set forth in FAR 19.701.

Note 2: The Participation Plan is in addition to, not in place of, the subcontracting plan. If a subcontracting plan is required, (See FAR 19.702.) the plan shall be submitted by the offeror in accordance with FAR 52.219-9 – Alternate II stating cumulative subcontracting goals and for each option in dollars, percentages of total subcontracted amount and percentage of total contract value. (See AFFARS 5319.704(a)(1).)

Note 3: Offerors are reminded that in accordance with DFARS 215.304(c)(i) (C), the small businesses and HBCU/MIs considered in evaluation shall be listed in any subcontracting plan submitted pursuant to FAR 52.219-9 to facilitate compliance with DFARS 252.219-7003(g). In addition, all goals accepted and incorporated into the resulting contract will be subject to FAR Clause 52.219-16, “Liquidated Damages-Subcontracting Plan”, unless the offeror is a participant in the Comprehensive Subcontracting Program.

Note 4: Offerors are reminded that the Small Business Subcontracting Plan (required from large businesses only) shall correlate with the proposal information on small business participation as well as all other sections of the proposal.

L8.2.4 PAST PERFORMANCE INFORMATION SHEETS

A Past Performance Information Sheet is required on the Prime Offeror and each subcontractor/teaming member who will be completing 10% or more of the technical work of this acquisition. Offerors shall submit information on contracts they consider most relevant in demonstrating their ability to perform the proposed effort. Past performance on IDIQ type contracts/task orders shall be submitted according to the manner in which performance is formally assessed (e.g. per specific delivery/task order or for the IDIQ contract as a whole). For instances where performance is formally assessed for the IDIQ contract as a whole, the Offeror shall identify the single point of contact that can verify the Offeror's performance record under that IDIQ type contract. In instances where performance is not formally assessed at either level, Offerors shall submit past performance information at the delivery/task order level. Each delivery/task order submitted will be counted as one contract. Offerors shall include rationale supporting their assertion of relevance, but note the Government is not bound by the Offeror's opinion of relevancy. Clearly link the past performance information to the relevancy information specified in the Past Performance area of Section M. Offerors are required to explain what aspects of the contracts submitted for review are deemed relevant to the Fighter OTES effort. Where problems existed, clearly demonstrate what management actions were employed in overcoming the problems and the effect(s) those actions had rectifying the problem and improving performance.

The Offeror shall submit Performance Information Sheets in accordance with the format contained in Section L Attachment L1. The Offeror shall submit no more than a total of 9 Performance Information Sheets identifying active or completed contracts, either Government or commercial. Limits on Performance Information Sheets are as follows:

If subcontractors are to be used:

- Three (3) identifying active or completed contracts, either Government or commercial, for the prime, team, and/or joint venture (within the same division or cost center).

- Two (2) from each subcontractor who will be completing 10% or more of the technical work.

Each relevant contract shall have been completed or ongoing during the past three years from the date of issuance of this solicitation. Each Performance Information Sheet for each contract is limited to three pages to include the table the narrative portion. Offerors are cautioned that the Government will use data provided by each Offeror in this volume and data obtained from other sources in the evaluation of past and present performance.

L9.2.2 TAB 2 – ESTIMATING SYSTEM/METHODOLOGY

Provide a summary description of your standard estimating system or methods, current policies, and/or new policies.

State whether the estimating system and new policies have been reviewed by the Government and provide evidence of that review and/or ACO approval. Provide any known/cited estimating system deficiencies. Also, identify any deviations from the Offeror’s established/standard estimating procedures used in preparing this proposal. See paragraph L9.2.8.1.8a regarding requirements for detailed basis of estimate narratives.

(End of Summary of Changes)