FA8214-14-R-0005-0002.pdf

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

2. AMENDMENT/MODIFICATION NO.

FA8214-14-R-0005-0002

3. EFFECTIVE DATE

17 JAN 2014

4. REQUISITION/PURCHASE REQ. NO.

FD2020-14-50532

5. PROJECT NO (If applicable)

6. ISSUED BY CODE

DEPARTMENT OF THE AIR FORCE, DIRECTORATE OF CONTRACTING

AFNWC PZBE AND PZBF

6014 DOGWOOD AVENUE BLDG 1258

HILL AIR FORCE BASE UT 84056-5816

BUYER: David L. Lovett/AFNWC david.lovett@us.af.mil Phone: (801) 586- 2580 Fax: (801) 777-0990 No Collect Calls

7. ADMINISTERED BY (If other than item 6) CODEFA8214

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

CODE

X

9A. AMENDMENT OF SOLICITATION NO.

FA821414R0005

9B. DATED (SEE ITEM 11)

2-JAN-2014

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

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)

13. THIS 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 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 1 copies to the issuing office.

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

ROUTINE

15A. NAME AND TITLE OF SIGNER (Type or print)

15B. CONTRACTOR/OFFEROR

BY ________________________________________________________

(Signature of person authorized to sign)

15C. DATE SIGNED

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

16B. UNITED STATES OF AMERICA

BY ____________________________________________________

(Signature of Contracting Officer)

16C. DATE SIGNED

FACILITY CODE

NSN 7540-01-152-8070

PREVIOUS EDITION UNUSABLE

30-105 STANDARD FORM 30 (REV. 10-83)

PRESCRIBED BY GSA

FAR (48 CFR) 53.243

X

X X

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.

Amendment/Modification FA8214-14-R-0005-0002

Continuation of block 14. DESCRIPTION OF AMENDMENT/MODIFICATION

The purpose of this amendment is to update:

1. CLIN 0006 to identify as Contractor Logistics Support

2. The description in CLIN 0007 and identify as Contractor Logistics Support

3. Added clause 52.246-19 - Warranty of Systems and Equipment under Performance Specifications or Design Criteria

4. Attachment 1 - PWS:

- paragraph 1.6.3.2.3.1 change "ranking" to "level"

- paragraph 1.6.4.1.12 change "AFI 91-119" to "AFMAN 91-119"

- Appendix B: Applicable Documents, seperate into "Compliance" and "Reference" Documents lists

5. Attachment 3 - CDRL Instructions and CDRLs:

- CDRL A001, block 10 make consistent with block 4

- CDRL A036 has been deleted

- CDRL A051, "CDR" to "FCA"

- CDRL A077, PDR submission NLT 30 days and "CDR" to "FCA"

- CDRL A082, STD update submission and "CDR" to "FCA"

- CDRL A083, "CDR" to "FCA"

6. Attachment 6 - SELM/GMLEC SOO delete paragraph 1.2.2.1.2

7. Attachment 18 - Government Furnished Property, SACCS GFP added

8. Attachment 19 - Award Fee Plan, Sub PEA 1.2 change "Task" to "task log"

9. Attachment 20 - Section L paragraph 4.2.3.3.1

10. Attachment 22 - Section M paragraphs 2.1.1.3.1 and 7.3.4.5.3

Request for Proposal FA8214-14-R-0005-0002

PART I - THE SCHEDULE

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

ORDERING PERIOD FROM MARCH 2015 THROUGH FEBRUARY 2020

ICBM OPERATIONAL SOFTWARE SUSTAINMENT PROGRAM (IOSSP)

Contractor Logistics Support Item No.

Cost Plus Award Fee Quantity U/I Unit Price Base Fee Award Fee Total Estimated Cost 12 MO IAW Attached Pricing

Matrix IAW Attached Pricing Matrix

K099

IOSSP CLS

This is a Cost Plus Award Fee CLIN in support of ICBM Operational Software Sustainment Program (IOSSP) in accordance with PWS Paragraph 1.6.4.1.13.2. To include associated Program Management support in accordance with paragraph 1.6.3.

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Standard Inspection Place of Perf Quantity (U/I) Beginning To be cited on individual orders issued hereunder

Ending To be cited on individual orders issued hereunder

Req No / Pri

Required Period of Performance

12 MO TBC TBC

Proposed Period of Performance

12 MO

ORDERING PERIOD FROM MARCH 2015 THROUGH FEBRUARY 2020

HIGHER AUTHORITY COMMUNICATIONS/RAPID MESSAGE PROCESSING ELEMENT (HAC/RMPE)

Contractor Logistics Support Item No.

Cost Plus Award Fee Quantity U/I Est Unit Cost Base Fee Award Fee Total Estimated Cost 12 MO IAW Attached Pricing

Matrix IAW Attached Pricing Matrix

K099

HAC/RMPE CLS

HIGHER AUTHORITY COMMUNICATIONS/RAPID MESSAGE PROCESSING ELEMENT (HAC/RMPE)

Contractor Logistics Support This is a Cost Plus Award Fee CLIN in support of HAC/RMPE in accordance with Paragraph 1.6.4.2.4.1. To include associated Program Management support accordance with paragraph 1.6.3.

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Standard Inspection Place of Perf Quantity (U/I) Beginning To be cited on individual orders issued hereunder

Ending To be cited on individual orders issued hereunder

Req No / Pri

Required Period of Performance

12 MO TBC TBC

Proposed Period of Performance

12 MO

PART II - CONTRACT CLAUSES

SECTION I

CONTRACT CLAUSES

52.246-19 WARRANTY OF SYSTEMS AND EQUIPMENT UNDER PERFORMANCE

SPECIFICATIONS OR DESIGN CRITERIA (MAY 2001)

(IAW FAR 46.710(c)(1))

(a) Definitions. As used in this clause-- "Acceptance" means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services rendered, as partial or complete performance of the contract.

"Defect" means any condition or characteristic in any supplies or services furnished by the Contractor under the contract that is not in compliance with the requirements of the contract.

"Supplies" means the end items furnished by the Contractor and related services required under this contract. Except when this contract includes the clause entitled Warranty of Data, supplies also means "data."

(b) Contractor's obligations.

(1) The Contractor's warranties under this clause shall apply only to those defects discovered by either the Government or the Contractor TBD at the Task Order Level.

(2) If the Contractor becomes aware at any time before acceptance by the Government (whether before or after tender to the Government) that a defect exists in any supplies or services, the Contractor shall—

(i) promptly correct the defect; or

(ii) promptly notify the Contracting Officer, in writing, of the defect, using the same procedures prescribed in paragraph (b)(3) of this clause.

(3) If the Contracting Officer determines that a defect exists in any of the supplies or services accepted by the Government under this contract, the Contracting Officer shall promptly notify the Contractor of the defect, in writing, within TBD at the Task Order Level . Upon timely notification of the existence of a defect, or if the Contractor independently discovers a defect in accepted supplies or services, the Contractor shall submit to the Contracting Officer, in writing, within TBD at the Task Order Level a recommendation for corrective actions, together with supporting information in sufficient detail for the Contracting Officer to determine what corrective action, if any, shall be undertaken.

(4) The Contractor shall promptly comply with any timely written direction from the Contracting Officer to correct or partially correct a defect, at no increase in the contract price.

(5) The Contractor shall also prepare and furnish to the Contracting Officer data and reports applicable to any correction required under this clause (including revision and updating of all other affected data called for under this contract) at no increase in the contract price.

(6) In the event of timely notice of a decision not to correct or only to partially correct, the Contractor shall submit a technical and cost proposal within TBD at the Task Order Level to amend the contract to permit acceptance of the affected supplies or services in accordance with the revised requirement, and an equitable reduction in the contract price shall promptly be negotiated by the parties and be reflected in a supplemental agreement to this contract.

(7) Any supplies or parts thereof corrected or furnished in replacement and any services reperformed shall also be subject to the conditions of this clause to the same extent as supplies or services initially accepted.

The warranty, with respect to these supplies, parts, or services, shall be equal in duration to that set forth in paragraph (b)(1) of this clause, and shall run from the date of delivery of the corrected or replaced supplies.

(8) The Contractor shall not be responsible under this clause for the correction of defects in Government-furnished property, except for defects in installation, unless the Contractor performs, or is obligated to perform, any modifications or other work on such property. In that event, the Contractor shall be responsible for correction of defects that result from the modifications or other work.

(9) If the Government returns supplies to the Contractor for correction or replacement under this clause, the Contractor shall be liable for transportation charges up to an amount equal to the cost of transportation by the usual commercial method of shipment from the place of delivery specified in this contract (irrespective of the f.o.b. point or the point of acceptance) to the Contractor's plant and return to the place of delivery specified in this contract. The Contractor shall also bear the responsibility for the supplies while in transit.

(10) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation under this contract.

Item No(s) *Warranty Period **Period ***Period ****Period TBD at the Task Order Level

(c) Remedies available to the Government.

(1) The rights and remedies of the Government provided in this clause--

(i) Shall not be affected in any way by any terms or conditions of this contract concerning the conclusiveness of inspection and acceptance; and

(ii) Are in addition to, and do not limit, any rights afforded to the Government by any other clause of this contract.

(2) Within TBD at the Task Order Level after receipt of the Contractor's recommendations for corrective action and adequate supporting information, the Contracting Officer, using sole discretion, shall give the Contractor written notice not to correct any defect, or to correct or partially correct any defect within a reasonable time at TBD at the Task Order Level..

Item No(s) *Time **Location TBD at the Task Order Level

(3) In no event shall the Government be responsible for any extension or delays in the scheduled deliveries or periods of performance under this contract as a result of the Contractor's obligations to correct defects, nor shall there be any adjustment of the delivery schedule or period of performance as a result of the correction of defects unless provided by a supplemental agreement with adequate consideration.

(4) This clause shall not be construed as obligating the Government to increase the contract price.

(5)(i) The Contracting Officer shall give the Contractor a written notice specifying any failure or refusal of the Contractor to--

(A) Present a detailed recommendation for corrective action as required by paragraph (b)(3) of this clause;

(B) Correct defects as directed under paragraph (b)(4) of this clause; or

(C) Prepare and furnish data and reports as required by paragraph (b)(5) of this clause.

(ii) The notice shall specify a period of time following receipt of the notice by the Contractor in which the Contractor must remedy the failure or refusal specified in the notice.

(6) If the Contractor does not comply with the Contracting Officer's written notice in paragraph (c)(5)(i) of this clause, the Contracting Officer may by contract or otherwise--

(i) Obtain detailed recommendations for corrective action and either--

(A) Correct the supplies or services; or

(B) Replace the supplies or services, and if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonable manner, in which case the Government is entitled to reimbursement from the Contractor, or from the proceeds, for the reasonable expenses of care and disposition, as well as for excess costs incurred or to be incurred;

(ii) Obtain applicable data and reports; and

(iii) Charge the Contractor for the costs incurred by the Government.

(The above Clause/Provision has been modified.)

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J

LIST OF ATTACHMENTS

Form Number Description/File Name Date Number of Pages Attachment 1 - Performance Work Statement 16JAN2014 151

DD 1423 Attachment 3 - Contract Data Requirements List (CDRL) Instructions and CDRLs

16JAN2014 149

Attachment 6 - Awardable Task 1 SOO

(SELM/GMLEC)

14JAN2014 8

Attachment 18 - Government Furnished Property

UNDATED 59

Attachment 19 - Award Fee Plan 05DEC2013 22

Attachment 20 - Section L UNDATED 31

Attachment 22 - Section M UNDATED 19