FA8625-10-R-6600 Amend 0002 22 Apr 10.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

See Block #2

PAGE OF PAGES

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

4. REQUISITION/PURCHASE REQ.NO.

5. PROJECT NO. (If applicable)

6. ISSUED BY 836 AESG/SYK CODE FA8625 7. ADMINISTERED BY (If other than Item 6) CODE

USAF/AFMC

AERONAUTICAL SYSTEMS CENTER (ASC)

2590 LOOP ROAD W, BLDG 558, RM 210

WRIGHT-PATTERSON AFB OH 45433-7142

ROBERT M. NOLIN 937-656-9343

robert.nolin@wpafb.af.mil

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NO.

FA8625-10-R-6600

X

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

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 Offers X 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 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 MODIFICATION OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

(X )

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: ( ) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. 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.)

SUBJECT: KC-X RFP Amendment 0002, Extension of Proposal Receipt date and other changes.

CONTRACTING OFFICER: Barbara G. Gehrs, (937) 255-0408; Joseph C. Leising, (937) 255-8964

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 SIGNER (Type or print)

15B. CONTRACTOR/OFFEROR

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

16C. DATE SIGNED

(Signature of person authorized to sign)

BY________________________________________

(Signature of Contracting Officer)

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

PREVIOUS EDITION UNUSABLE Prescribed by GSA ConWrite Version 6.12.0 FAR (48 CFR) 53.243 Created 22 Apr 2010 3:42 PM

SCHEDULE OF CHANGES

FA8625-10-R-6600 0002

Solicitation FA8625-10-R-6600 is hereby amended as follows:

1. SECTION A - SOLICITATION/CONTRACT FORM (SF 33)

Block 9 information on the SF33 Cover Page is hereby changed to read as follows:

"Proposals must be received (mailed or hand-carried) at the place specified in Block 8 by 2:00 p.m. local time 9 July 2010. Caution - Late Submission, Modification, and Withdrawals: Proposal receipt after the due date and time shall be governed by the provisions of FAR 52.215-1(c)(3). All offers are subject to all terms and conditions contained in this solicitation."

2. SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following clauses are changed in Section H:

a. LIST OF SPECIAL CONTRACT REQUIREMENTS

In the LIST OF SPECIAL CONTRACT REQUIREMENTS, "H013 - OPTIONS" and "H023 - EQUITABLE ADJUSTMENT FOR FUEL USAGE RATE" are redated to "APR 2010"

b. SCR 836 AESG/H013 entitled "OPTIONS" dated Feb 2010 is hereby replaced in its entirety with the revised version set forth herein dated Apr 2010. The revised clause implements the government's revised acquisition strategy for the KC-X by removing the original solicitation's provisioning of certain components of, and engineering services for, the Large Aircraft Infra-Red Counter-Measures (LAIRCM) system as government-furnished property (GFP). Specifically, paragraphs g, h and i of the original clause are removed in their entirety.

836 AESG/H013 OPTIONS (Apr 2010)

a) The Government has the right to exercise the option(s) identified in Section J, Attachment 9 - Option Matrix and Section J, Attachment 7, LRIP & FRP Variable Quantity Option Pricing Matrix, subject to the conditions herein. In the event an option is exercised, the affected sections of the contract, e.g., Section B, Section F, Section G, will be updated to implement the option provisions.

b) If the Government chooses not to exercise a specific option CLIN in any of the lot buys, the Government will not exercise that specific corresponding option in any succeeding lot buy, with the exception of the options for: Wing Refueling Pod Kits; Spare Engines; Studies and Analyses; and Over & Above.

c) The Government has the right to exercise the options associated with FRP Lots 3 through 13 at either:

1) the negotiated firm-fixed price amounts if the parties have definitized the price of these items before the options are exercised ; or; 2) at the Not-To-Exceed amounts, which will be definitized later.

d) NOT-TO-EXCEED (NTE) Definitization Groundrules

1. GENERAL CONDITIONS

a. The NTE amount shall be considered a "price ceiling" as defined at DFARS 217.7404- 2.

b. A "qualifying proposal" is defined at DFARS 217.7401.

c. The contractor agrees that the definitized price of any Option Item shall not exceed the Item's NTE amount. The NTE amounts shall include all cost elements necessary to execute the work required by the Option Item, and definitize the Option, including all proposal preparation costs.

2. DEFINITIZATION BEFORE EXERCISE

It shall be the intent of the parties to establish definitive firm-fixed-prices for the FRP Option Items for Lots 3 through 13 prior to their scheduled exercise date. Therefore, the contractor shall submit a definitization schedule not later than ten (10) days after receipt of the contracting officer's request or a later date authorized in writing by the contracting officer. A qualifying proposal to definitize the NTE Option(s) that conforms to the requirements of FAR 15.4 and DFARS 217.7404-3 shall be submitted not later than one hundred-eighty (180) days after receipt of the contracting officer's request for proposal, or a later date authorized in writing by the contracting officer. Submission of the definitization schedule and qualifying proposal is a material requirement of this contract. In support of SCR H025 each Lot's definitizing proposal shall include the contractor's Costs Subject To Adjustment (CSTA) and Costs Not Subject To Adjustment (CNSTA) amounts.

3. DEFINITIZATION AFTER EXERCISE

If the contractor fails to deliver the qualifying proposal required by paragraph d(2) above, or if the parties have not completed negotiations on a proposal submitted pursuant to paragraph d(2) above, and the Government exercises an Option Item at its NTE amount, the resultant NTE contract Line Item(s) shall be definitized on a firm-fixed-price (FFP) basis as if it/they were an undefinitized contractual action (UCA) pursuant to DFARS Part 217.7400.

4. Funding of Options exercised on a NTE basis shall conform to the limitations set forth at

DFARS 217.7404-4.

5. Not later than one hundred-eighty (180) days after the effective date of any Option exercised on an NTE basis, the contractor shall submit a qualifying proposal in writing to the contracting officer that conforms to the requirements of FAR 15.4 and DFARS 217.7404-3. Submission of the qualifying proposal to definitize Option Items exercised at NTE amounts is a material requirement of this contract. If agreement on a definitive contract action to supersede any exercised Option Item's NTE amount is not reached by the target date in the contractor's definitization schedule or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable firm-fixed-price for said Items in accordance with Subpart 15.4 and Part 31 of the FAR, subject to Contractor appeal as provided in the Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause. In support of SCR H025 each Lot's definitizing proposal shall include the contractor's CSTA and CNSTA amounts.

e) For the purpose of this clause and Attachment 9, all dates provided are Not-Later-Than (NLT) dates.

f) During Low-Rate Initial Production and Full-Rate Production, the Government may exercise any of the aircraft options either with contractor-furnished engines or with Government-furnished engines. In the event that the Government chooses to exercise the option to purchase the KC-X with Government-furnished engines, the Government will pay the prices listed in Section J, Attachment 7, in the column entitled, "AIRCRAFT UNIT PRICE WITHOUT ENGINES ($UPP)(TY$)" that is priced based on the Government providing the following configuration item:

FOB ITEM NUMBER NSN NOUN PART No. QTY

Origin TBP TBP Engine TBP TBP

The parties agree once a decision has been made by the Government to exercise Options for KC-X with Government-furnished engines; negotiations for a no-cost change will commence to establish the precise terms of the GFE.

Establishment of GFE Engine requirements in no way limits the Government's ability to exercise the options. Once the Government elects to exercise an option with Government-furnished engines, it may no longer exercise future aircraft options with contractor-furnished engines.

c. SCR 836 AESG/H023 entitled "Equitable Adjustment for Fuel Usage Rate" dated Jan 2010 is hereby replaced in its entirety with the revised version set forth herein dated Apr 2010. The revised clause updates the table in paragraph f "Cost of Fuel per Gallon" by: 1) deleting the entry for FY10 and adding an entry for FY41; 2) updating the values for the cost of fuel per gallon.

836 AESG/H023 EQUITABLE ADJUSTMENT FOR FUEL USAGE RATE (Apr 2010)

a. The parties agree that achievement of the fuel usage rate utilized in the fuel usage efficiency value set forth in System Specification paragraph TBP (to be proposed consistent with SRD paragraph 3.4.2.7) shall be an acceptance criterion pursuant to FAR 52.246-2 paragraph (f) and Section E, E001. Aircraft which fail to meet the required fuel usage rate during Government acceptance testing shall be considered non-conforming pursuant to FAR 52.246-2(f). For non-conforming fuel usage rate aircraft, the contractor shall submit a proposed no-cost corrective action. The contracting officer may, at his/her sole discretion, either 1) reject the non-conforming aircraft and require the contractor to correct the non-conforming fuel usage rate, or 2) accept the non-conforming aircraft after making an equitable price reduction as specified in paragraph b. After contract award, the contracting officer may consider an equitable price increase if the aircraft presented for delivery is demonstrated by the contractor to have a fuel usage rate lower than that specified in System Specification paragraph TBP.

b. The parties agree that the contracting officer shall use the following formula to determine an equitable price reduction for acceptance of non-conforming supplies under this Special Contract Requirement (SCR). After contract award, the contracting officer may consider the following formula to be used in the determination of an equitable price increase for fuel usage efficiency:

Cost of Fuel per Gallon [1] X Service Life Flying Hours [2] X Fuel Usage Rate Delta [3]

[1] The cost of fuel per gallon shall be determined based on the fuel prices listed below for the fiscal year of delivery.

[2] The Service Life Flying Hours are calculated by multiplying 489 flying hours per year times 40 years.

[3] The fuel usage rate delta will be calculated utilizing the demonstrated and documented actual fuel usage rate at the time of acceptance minus the required fuel usage rate set forth in the System Specification.

c. In order to preclude the continuation of non-conforming fuel usage rate(s) in future aircraft, the contractor shall submit a no-cost corrective action to eliminate the non-conforming fuel usage rate(s).

The contractor shall not propose a relaxation of contract requirements to resolve the non-conforming fuel usage rate(s).

d. Future changes to contract requirements that increase the fuel usage rate shall not provide a basis for reimbursement to the contractor for prior equitable price reductions made against non-conforming aircraft.

e. This clause, 836 AESG/H023 is only applicable to the instant contract and all identified options.

f. Cost of Fuel per Gallon:

FY 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025

Cost of

JP8

$3.03 $3.12 $3.18 $3.24 $3.31 $3.38 $3.46 $3.54 $3.61 $3.69 $3.77 $3.86 $3.94 $4.03 $4.12

FY 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040

Cost of

$4.21 $4.30 $4.39 $4.49 $4.59 $4.69 $4.79 $4.90 $5.01 $5.12 $5.23 $5.35 $5.46 $5.58 $5.71

FY 2041

Cost of $5.83

3. SECTION I - CONTRACT CLAUSES

The following clauses are added to Section I, paragraph I, subparagraph A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES incorporated by reference:

52.222-50 COMBATING TRAFFICKING IN PERSONS (Feb 2009) - ALTERNATE I (Aug 2007) Para (c)(1)(i)(B), Alt I, Document Title, obtained from, performed in,/at . 'TBD'

52.247-63 PREFERENCE FOR U.S.-FLAG AIR CARRIERS (Jun 2003)

The following clause is added to Section I, paragraph I, subparagraph B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES incorporated by reference.

252.225-7013 DUTY- FREE ENTRY (Dec 2009)

The following clause is changed in Section I, paragraph II, subparagraph C. AIR FORCE MATERIAL

COMMAND FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES IN FULL

TEXT.

[The revised clause implements the government's revised acquisition strategy for the KC-X by removing the original solicitation's provisioning of certain components of, and engineering services for, the Large Aircraft Infra-Red Counter-Measures (LAIRCM) system as government-furnished property (GFP).]

5352.245-9000 GOVERNMENT- FURNISHED PROPERTY (GFP) (AFMC) (Oct 2008) Pursuant to the Government Property clause herein, the Government shall furnish the item(s) of property listed below as Government-Furnished Property (GFP) to the Contractor, for use in performance of this contract. Upon completion of the contract, the Contractor shall obtain disposition instructions from the Government Property Administrator of the activity having responsibility for administration of the contract.

FOB NSN NOUN PART NO. QTY DELIVERY

DATE

D* 5810-01-517-3587CA Simple Key Loader

(SKL)

AN/PYQ10(C) 3 6 MAC

* FOB point is the (TBP) contractor-specified address

4. SECTION J - LIST OF ATTACHMENTS

The following attachment/exhibit(s) are modified in Section J:

Attachment 2 STATEMENT OF OBJECTIVES/WORK FOR KC-X PROGRAM - ENGINEERING AND

MANUFACTURING DEVELOPMENT (EMD)

Attachment 2 is replaced in its entirety by the separate file dated 22 Apr 2010 uploaded to FedBizOpps.

The updated SOO clarifies the government's delivery configuration requirements for EMD aircraft in paragraph 5.9; and removes the GFP paragraph 3.5.11.

Attachment 3 STATEMENT OF OBJECTIVES/WORK FOR KC-X PROGRAM - PRODUCTION

(INCLUDING LOW-RATE INITIAL; FULL-RATE PRODUCTION; AND INTERIM CONTRACTOR

SUPPORT)

Attachment 3 is replaced in its entirety by the separate file dated 22 Apr 2010 uploaded to FedBizOpps.

The updated SOO clarifies the government's LAIRCM delivery configuration requirements in paragraph 1.1.1; and removes the GFP paragraph 3.5.9.

Exhibit A DD FORM 1423 - CONTRACT DATA REQUIREMENTS LIST (CDRL) FOR

ENGINEERING, MANUFACTURING AND DEVELOPMENT (EMD) - NON-OMIT DATA

Exhibit A is amended as follows:

On page 20 of 141 - In the CDRL Table of Contents, page 20 is hereby replaced with the slip change page uploaded to FedBizOpps marking CDRL Data Item Number A086 "Reserved".

On page 141 of 141 - CDRL Data Item Number A086 entitled "Status of Government Furnished Equipment (GFE) Report" dated 24 Feb 2010 is hereby replaced with the slip change page uploaded to FedBizOpps making this Data Item "Reserved".

Exhibit C DD FORM 1423 - CONTRACT DATA REQUIREMENTS LIST (CDRL) FOR

PRODUCTION - NON-OMIT DATA

Exhibit C is amended as follows:

On page 5 of 76 - In the CDRL Table of Contents, page 5 is hereby replaced with the slip change page uploaded to FedBizOpps marking CDRL Data Item Number C051 "Reserved".

On page 76 of 76 - CDRL Data Item Number C051 entitled "Status of Government Furnished Equipment (GFE) Report" dated 24 Feb 2010 is hereby replaced with the slip change page uploaded to FedBizOpps making this Data Item "Reserved".

5. SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

The following clauses are changed in Section L:

L047/836 AESG L-III INFORMATION TO OFFERORS (ITO) AND INSTRUCTIONS FOR PROPOSAL

PREPARATION (Apr 2010) Clause information is contained in separate file uploaded to FedBizOpps with this Amendment 0002.

The solicitation's clause L047/836 AESG posted to FedBizOpps dated Feb 2010 is hereby replaced in its entirety with a revised posted version dated 22 Apr 2010. The revised clause L047/836 AESG posted to FedBizOpps has "tracked changes" enabled to permit offerors to quickly find changes to the baseline document. The changes are summarized as follows. This summary is for informational purposes only and offerors are cautioned that the actual text of the revised L047/836 AESG file are the solicitation's formal Instructions.

a. In paragraph 2.4 - the contract start date for which the offeror's proposal is to be prepared is changed to 12 November 2010.

b. In paragraph 2.6.1 - the time limitation on submitting comments/questions regarding the RFP is removed.

c. In paragraph 2.13 - the paragraph is revised to indicate Past Performance Information Tool information is now available on Section L Attachment 18.

d. In paragaph 2.16 - the government has added three subparagraphs clarifying the contractor's responsibilities under the contract for LAIRCM system components.

e. In paragraph 4.6.6.1 - the contract start date (originally "contract award date") the offeror's proposal (specifically the IMS) is to be prepared to is changed to reference the date in paragraph 2.4.

f. In paragraph 4.6.6.4.1.1 - the contract start date (originally "contract award date") the offeror's proposal (specifically the IMS) is to be prepared to is changed to reference the date in paragraph 2.4.

g. Paragraph 4.6.9.11 - this paragraph is deleted as a consequence of the removal of the original solicitation's provisioning of certain components of the LAIRCM system as government-furnished property.

h. In paragraph 4.8.1.1 - the reference to the Air Force's Pre-Award Information Exchange System (PIXS) is removed due to the Air Force's decision to discontinue use of this system.

i. In paragraph 4.8.2 - the reference to the Air Force's Pre-Award Information Exchange System (PIXS) is removed due to the Air Force's decision to discontinue use of this system. The information formerly available on PIXS is hereby established on a new Section L Attachment 18. A new proposal data submission requirement via CD-ROM is also established.

j. In paragraph 5.1.4 - a sentence is added that applies the appropriate fuel price per gallon projections according to OSD Comptroller memo dated 18 December 2009.

k. In paragraph 5.2.2 - the fiscal years and dollar amounts in the Government's Funding Profile are updated.

l. In paragraph 7.0:

Attachment 1 entitled "Correlation Matrix" dated 24 Feb 2010 is hereby replaced in its entirety with the revised version dated 22 Apr 2010 uploaded to FedBizOpps with this Amendment 0002.

Attachment 3 entitled "Cost/Price Evaluation Workbook" dated 24 Feb 2010 is hereby replaced in its entirety with the revised version dated 22 April 2010 uploaded to FedBizOpps with this Amendment 0002.

Attachment 8 entitled "IFARA Classified" is hereby replaced in its entirety with a revised version available by request from the contracting officer.

Attachment 17 entitled "MILCON Evaluation Plan" dated 24 Feb 2010 is hereby replaced in its entirety with the revised version dated 22 Apr 2010 uploaded to FedBizOpps with this Amendment 0002.

Attachment 18 entitled "Past Performance Information Tool" is hereby added to the list of Section L Attachments. Attachment 18 itself is posted to FedBizOpps with this Amendment 0002.

6. All RFP Sections not identified within this Amendment 0002 remain in effect as posted to FedBizOpps on 24 Feb 2010 and Amendment 0001 posted on 11 Mar 2010.