Amendment 0001 Final.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: a) revise the Performance Work Statement and Sections L and M; b) replace the CDRL's; and c) and delete the Option items.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 27

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

16C. DATE SIGNED

BY

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 H92222-09-R-0027

X 9B. DATED (SEE ITEM 11)

05-Jun-2009

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.

U0001

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

6. ISSUED BY

3. EFFECTIVE DATE

11-Jun-2009

CODE

HQ USSOCOM SOAL-K

ATTN: GLENN DERBY

7701 TAMPA POINT BLVD

MACDILL AFB FL 33621

H92222 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

H92222-09-R-0027

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 1001

The CLIN extended description has changed from:

Perform system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated May 29, 2009. Period of Performance is from date of award through one (1) year after date of award.

CPFF Completion type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation.

The CPFF price of this CLIN will be determined in accordance with clauses H.3 and H.5 of this solicitation.

To:

Perform system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated May 29, 2009. Period of Performance is from date of award through one (1) year after date of award. CPFF Completion type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation.

The CPFF price of this CLIN will be determined in accordance with clauses H.2 and H.5 of this solicitation. .

CLIN 1002

The CLIN description has changed from : OPTION 1 to Year 1.

The CLIN extended description has changed from :

Perform system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated May 29, 2009. Period of Performance is one (1) year after date of award through two (2) years after date of award.

CPFF Completion type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation.

The CPFF price of this CLIN will be determined in accordance with clauses H.3 and H.5 of this solicitation.

To:

Perform system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated June 9, 2009. Period of Performance is one (1) year after date of award through two (2) years after date of award.

CPFF Completion type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation.

The CPFF price of this CLIN will be determined in accordance with clauses H.2 and H.5 of this

CLIN 1003

The CLIN description has changed from : OPTION 2 to Year 2.

The CLIN extended description has changed from :

Perform system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated May 29, 2009. Period of Performance is from two (2) years after date of award through three (3) years after date of award.

CPFF Completion type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation. The CPFF price of this CLIN will be determined in accordance with clauses H.3 and H.5 of this solicitation.

To:

Perform system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated June 9, 2009. Period of Performance is from two (2) years after date of award through three (3) years after date of award.

CPFF Completion type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation. The CPFF price of this CLIN will be determined in accordance with clauses H.2 and H.5 of this solicitation..

CLIN 1004

The CLIN description has changed from : OPTION 3 to Year 3.

The CLIN extended description has changed from :

Perform system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated May 29, 2009. Period of Performance is from three (3) years after date of award through four (4) years after date of award.

CPFF Completion type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation. The CPFF price of this CLIN will be determined in accordance with clauses H.3 and H.5 of this solicitation.

To:

Perform system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated June 9, 2009. Period of Performance is from three (3) years after date of award through four (4) years after date of award.

CPFF Completion type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation. The

CLIN 1005

The CLIN description has changed from: OPTION 4 to Year 4.

The CLIN extended description has changed from :

Perform system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated May 29, 2009. Period of Performance is from four (4) years after date of award through five (5) years after date of award.

CPFF Completion type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation. The CPFF price of this CLIN will be determined in accordance with clauses H.3 and H.5 of this solicitation.

To:

Perform system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated June 9, 2009. Period of Performance is from four (4) years after date of award through five (5) years after date of award.

CPFF Completion type

Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation. The

CLIN 2001

Perform level of effort (LOE) system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated May 29, 2009. Period of Performance is from date of award through one (1) year after date of award.

CPFF level-of-effort type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation.

The CPFF price of this CLIN will be determined in accordance with clauses H.3, H.4 and H.5 of this solicitation.

To:

Perform level of effort (LOE) system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated May 29, 2009. Period of Performance is from date of award through one (1) year after date of award.

CPFF level-of-effort type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation.

The CPFF price of this CLIN will be determined in accordance with clauses H.2, H.4 and H.5 of this solicitation.

CLIN 2002

The CLIN description has changed from : OPTION 1 to Year 1.

The CLIN extended description has changed from :

Perform level of effort (LOE) system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated May 29, 2009. Period of Performance is from one (1) year after date of award through two (2) years after date of award.

CPFF level-of-effort type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation.

The CPFF price of this CLIN will be determined in accordance with clauses H.3, H.4 and H.5 of this solicitation.

To:

Perform level of effort (LOE) system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated June 9, 2009. Period of Performance is from one (1) year after date of award through two (2) years after date of award.

CPFF level-of-effort type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation.

The CPFF price of this CLIN will be determined in accordance with clauses H.2, H.4 and H.5 of this solicitation..

CLIN 2003

The CLIN description has changed from : OPTION 2 to Year 2.

The CLIN extended description has changed from :

Perform level of effort (LOE) system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated May 29, 2009. Period of Performance is from two (2) years after date of award through three (3) years after date of award.

CPFF level-of-effort type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation.

The CPFF price of this CLIN will be determined in accordance with clauses H.3, H.4 and H.5 of this solicitation.

To:

Perform level of effort (LOE) system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated June 9, 2009. Period of Performance is from two (2) years after date of award through three (3) years after date of award.

CPFF level-of-effort type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation.

CLIN 2004

The CLIN description has changed from OPTION 3 to Year 3.

Perform level of effort (LOE) system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated May 29, 2009. Period of Performance is from three (3) years after date of award through four (4) years after date of award.

CPFF level-of-effort type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation.

The CPFF price of this CLIN will be determined in accordance with clauses H.3, H.4 and H.5 of this solicitation.

To:

Perform level of effort (LOE) system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated June 9, 2009. Period of Performance is from three (3) years after date of award through four (4) years after date of award.

CPFF level-of-effort type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation.

CLIN 2005

The CLIN description has changed from OPTION 4 to Year 4.

The CLIN extended description has changed from :

Perform level of effort (LOE) system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated May 29, 2009. Period of Performance is from four (4) years after date of award through five (5) years after date of award.

CPFF level-of-effort type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation.

The CPFF price of this CLIN will be determined in accordance with clauses H.3, H.4 and H.5 of this solicitation.

To:

Perform level of effort (LOE) system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated June 9, 2009. Period of Performance is from four (4) years after date of award through five (5) years after date of award.

CPFF level-of-effort type

Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation.

CLIN 4003

The contract type has changed from FFP to CPFF.

The IDC type has changed from N/A to Indefinite Quantity.

CLIN 4004

The contract type has changed from FFP to CPFF.

The IDC type has changed from N/A to Indefinite Quantity.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

H.1 CONFLICT OF INTEREST

H.1.1 The Contractor agrees to enter into written agreements with all companies to whose proprietary data it shall have access to the effect that it will protect such data from unauthorized use or disclosure as long as the data remains proprietary. The contractor shall furnish the Contracting Officer with copies of such written agreements, in accordance with FAR 9.505-4.

H.1.2 The Contractor agrees to protect the proprietary data and rights of other organizations made available from any source, which were disclosed to it, directly or indirectly during the performance of this contract with the same caution that a reasonable, prudent contractor would use to safeguard its own proprietary data and rights. The contractor agrees not to use proprietary data for any purpose other than that for which it was furnished, except to the extent the Contractor and the owner of the proprietary data agree to other uses of the proprietary data.

H.1.3 Notwithstanding any other provision herein, protection of and exclusion of use of proprietary data shall be extended for so long as the data remains proprietary. However, such protection and exclusion shall not be in effect when data is lawfully obtained by the contractor from some other sources without restriction.

H.1.4 The Contractor shall not distribute reports, data or information of any nature arising from its performance under this contract, except as provided by this contract or as may be directed by the Contracting

Officer. All proprietary data and any derivatives shall be returned to the Government at the end of the contract.

H.1.5 Subcontracts: The Contractor shall include the Conflict of Interest provision, including this paragraph, in subcontracts of any tier which involve access to information. The use of this clause in such subcontracts shall be read by substituting the word "subcontractor" for the word "contractor" whenever the latter appears.

H.1.6 The Contractor agrees to inform its employees of this restriction and provide company policy information directives and/or procedures, to ensure an awareness of the legal provisions of FAR Part 9, Subpart 9.505-4, so that each employee will understand the absolute necessity of safeguarding information developed under this contract from anyone other than the Contractor's employees who have a need to know, and the U.S. Government.

H.3 QUANTITY LIMITATION

In accordance with FAR 16.504(a)(4) ii, the total minimum quantity of supplies or services the Government will acquire during the base year and years 2 through 4 is $250,000. The maximum quantity is $25,000,000.

H.5 ORDERING PROCEDURE

H. 5 Ordering Procedure for Task Orders.

This section applies to all CPFF completion type and level-of-effort (LOE) task orders issued under the basic contract.

(a) When requested by the Government, the contractor shall submit a CPFF proposal to the Contracting

Officer for a task order to be issued under the basic contract. Said proposal shall contain a detailed technical description of the effort to be performed under the task order, the number of direct hours, by labor category, proposed for the task order, and any other direct costs (ODC) proposed for the task order. The contractor will use the loaded labor rates in H.1 of the contract to determine the proposed labor costs. The CPFF proposals shall contain separate pricing for the completion-type and level-of-effort type CLIN’s. The proposal shall provide the specific LOE tasks to be performed, as listed in the Performance Work Statement, and specific rationale for the proposed hours for each category of labor.

(b) For urgent requirements, the contractor shall provide their cost proposal within 4 to 10 days from the

Government’s request for proposal. The Government’s request for proposal will state the degree of urgency and the required date for receipt of proposal.

(c) Each task order will specify: (1) the total estimated cost (including ODC and material costs plus associated indirect costs, if applicable) and fee for the task order; (2) a description of the effort to be performed; (3) the task order period of performance; and (4) the CDRL item(s) that the contractor will be required to submit for the work authorized. Within 3 working days after receipt of each request for proposal of each task, the contractor shall submit a written notice to the Contracting Officer indicating acceptance or non-acceptance of the task order. Submitting a proposal in response to the Government’s request, constitutes acceptance of a task orders. Each task order accepted by the contractor shall be deemed to be incorporated into this contract by reference. The contractor understands that acceptance of a task order obligates it to complete all the effort required by that task order, subject to the provisions of the

Limitation of Cost or Limitation of Funds clause, as applicable to this contract.

(d) The Limitation of Cost or Limitation of Funds clause, whichever is applicable, applies to each task order issued under the basic contract. If the contractor cannot complete the work required by the authorized task orders within the cumulative estimated cost, the contractor shall submit a written cost overrun proposal to the Contracting Officer in accordance with the Limitation of Cost or

Limitation of Funds clause, as applicable to this contract. The contractor shall not exceed the estimated cost for any authorized task order until it receives written notification from the

Contracting Officer increasing the estimated cost. Any such increase in the cumulative estimated cost of a task order shall be considered a cost overrun, and therefore, the contractor will not be entitled to an increase in fee. The Contracting Officer is the only person authorized to increase the estimated cost of a task order or the total estimated cost set forth in Section B for the designated CLIN(s).

(e) No task orders shall be issued under this provision until sufficient funds are allotted to cover the work. Incremental funding of task orders shall be governed by the provisions of the

Limitation of Funds clause.

The following have been deleted:

52.217-8 Option To Extend Services NOV 1999 52.217-9 Option To Extend The Term Of The Contract MAR 2000

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

52.203-3 Gratuities APR 1984 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

SEP 2007

52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

SEP 2006

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.215-2 Alt I Audit and Records--Negotiation (Mar 2009) Alternate I MAR 2009 52.219-14 Limitations On Subcontracting DEC 1996 52.242-15 Stop-Work Order AUG 1989 52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.243-1 Alt V Changes--Fixed-Price (Aug 1987) - Alternate V APR 1984

52.252-3 Alterations in Solicitation APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.204-7007 Alt A Annual Representations and Certifications Alternate A JAN 2008 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

252.211-7007 Reporting of Government-Furnished Equipment in the DoD Item Unique Identification (IUID) Registry

NOV 2008

The following have been added by full text:

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $25,000,000;

(2) Any order for a combination of items in excess of $25,000,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for--

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

5652.209-9002 Use of Contractor Support/Advisory Personnel for Review of Proposals (2005)

The offeror’s attention is directed to the fact that contractor consultant/advisors to the Government will review and provide support during proposal evaluations. When appropriate, non-government advisors may have access to offeror’s proposals and may be utilized to objectively review a proposal in a particular functional area and provide comments and recommendations to the Government’s decision makers. They may not establish final assessments of risk, rate or rank offerors’ proposals. All advisors shall comply with procurement Integrity Laws and shall sign Non- Disclosure and Rules of Conduct/Conflict of Interest statements. The Government shall take into consideration requirements for avoiding conflicts of interest and ensure advisors comply with safeguarding source selection and proprietary data. Submission of proposal in response to the solicitation constitutes approval to release the proposal to Government Support Contractors. L-3 Communications, Inc. will participate in the technical review of the offeror’s proposals.

(end of clause)

5652.209-9003 Use of Contractor Support/Advisory Personnel as Contract Specialists (2006)

The contractor’s attention is directed to the fact that contractor personnel may assist the Government in a contract administrator role for administration of this contract. Execution of this contract constitutes approval to release the contract and contractor’s proposal to Government Support Contractors who have signed Non-Disclosure and Rules of Conduct/Conflict of Interest Statements.

5652.215-9009 Personnel Changes before Award (1998)

Offerors shall verify and ensure the continuing availability of personnel for whom resumes are required and have been submitted. If personnel substitutions/changes occur prior to award, the offeror shall immediately notify the Contracting Officer. Failure to do so may render the proposal unacceptable.

5652.215-9010 Cost and Pricing Data Not Required (1998)

It is anticipated that adequate price competition will be available to determine price reasonableness. In the event that the price reasonableness cannot be determined based on adequate competition, the Contracting Officer may require the submittal of cost or pricing data in accordance with FAR 15.403.

5652.237-9000 Contractor Personnel Changes (1998)

(a) The contractor shall have the right to remove his personnel assigned to perform the tasks hereunder and to substitute other qualified personnel provided that the Contracting Officer is notified of such removal and replacement. The contractor shall notify the Contracting Officer prior to such change, giving the new employee's name, security clearance and technical qualifications.

(b) Any removals or replacements for the convenience of the contractor shall be at no additional cost to the Government. Cost to be borne by the contractor include but are not limited to time of travel, travel and training costs for replacement personnel.

(c) Removals or replacements of contractor personnel shall be considered for the convenience of the contractor except when such removal is for:

(1) employees removed as a result of cancellation or completion of the contract,

(2) employees replaced due to death or incapacitating illness or injury,

(3) or employees removed or replaced at the Government's request.

(d) If any employee removes him/herself from the employ of the contractor, such removal will be at no additional cost to the Government.

5652.243-9000, Technical Improvements (2005)

a. After contract award, the Government may solicit, or independently the Contractor may propose, technology improvements to the equipment, software specifications, or other requirements of the contract. For purposes of this contract, these improvements will be considered Engineering Change Proposals (ECP)/Engineering Change Orders (ECO). These improvements may be proposed to save money, save energy, improve performance or for any other purpose which presents a technological advantage to the Government. As part of the proposed changes, the Contractor shall submit a price proposal to the Contracting Officer for evaluation. Those proposed technology improvements that are acceptable to the Government will be processed as modifications to the contract.

b. As a minimum, the following information shall be submitted by the Contractor with each proposal:

1. A description of the difference between the existing contract requirement and the proposed change, and the comparative advantages and disadvantages of each;

2. Itemized requirements of the contract which must be changed if the proposal is adopted, and the proposed revision to the contract for each such change;

3. An estimate of the changes in performance and cost, if any, that will result from adoption of the proposal;

4. An evaluation of the effects the proposed changes would have on collateral costs to the Government, such as Government-furnished property costs, costs of related items, and costs of maintenance, operation and conversion (including Government application software); and

5. A statement of the time by which the contract modification adopting the proposal must be issued so as to obtain the maximum benefits of the changes during the remainder of this contract including supporting rationale; and

6. Any effect on the contract completion time or delivery schedule shall be identified.

c. The Government reserves the right to require a rerun of selected portions of the live test demonstration to verify the proposed improvement, at no additional charge to the Government.

d. The Government will not be liable for proposal preparation costs or any delay in acting upon any proposal submitted pursuant herein. The Contractor has the right to withdraw, in whole or in part, any proposal not accepted by the Government within the period specified in the proposal. The decision of the Contracting Officer as to the acceptance of any such proposal under this contract is final and not subject to the “Disputes” clause of this contract.

e. The Contracting Officer may accept any proposal submitted pursuant to this clause by giving the Contractor written notice thereof. This written notice will be given by issuance of a modification to this contract. Unless and until a modification is executed to incorporate a proposal under this contract, the Contractor shall remain obligated to perform in accordance with the requirements, terms and conditions of the existing contract.

f. If a proposal submitted pursuant to this clause is accepted and applied to this contract, the equitable adjustment increasing or decreasing the contract price shall be in accordance with the procedures of the “Changes” clause. The resulting contract modification will state that it is made pursuant to this clause.

5652.245-9001 Schedule of Government-Furnished Material (2001)

The Government will furnish material in accordance with the Government Furnished Property clause of the contract for use in the performance of this contract. A list of the materials to be supplied is located in Section J of the solicitation. The contractor will requisition required materials in accordance with the procedures outlined in the Statement of Work, Paragraph (insert number/reference).

5652.252-9000 Notice of Incorporation of Section K (1998)

Section K, Certifications and Representations, of the solicitation will not be distributed with the contract; however, Section K is hereby incorporated by reference.

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

ATTACHMENTS

Performance Work Statement (PWS) for Systems Technical Support, dated May 29, 2009 is hereby superseded by the attached PWS, dated June 9, 2009.

Statement of Objective (SOO) for Ground Mobility Vehicle Modifications (Hardpoint Modification) is superseded by the attached SOO, dated June 9, 2009.

All CDRL’s are hereby deleted and replaced with CDRL’s A001 through A019 attached herein.

This solicitation contains the following attachments:

1. Attachment # 1: Performance Work Statement (PWS) for Systems Technical Support, dated June 9, 2009

30 Pages

2. Attachment #2: Performance Work Statement (PWS) for Armor Coupon Testing

30 Pages

3. Attachment #3: Statement of Objective for Ground Mobility Vehicle Modifications (Hardpoint

Modification)

5 Pages

4. Attachments 4 through 23 DD1423’s for CDRL’s A001 through A019

19 pages

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

INSTRUCTIONS TO OFFERORS

L-1 PROPOSAL SUBMISSIONS

All questions concerning this procurement , either technical or contractual, must be submitted in writing to the Contracting Officer. No direct discussion between the technical representative and a prospective offeror will be conducted unless it is deemed necessary by the Contracting Officer. All written requests for clarification may be sent by email to Glenn Derby, Contract Specialist, at glenn.derby.ctr@socom.mil or to Kevin.Jans@socom.mil.

L-1.1 Discrepancies: Prior to submission of proposals, offerors are expected to review this RFP to reach a clear understanding of the requirements of this solicitation. If such a review identifies an error, omission, any issue that may render the solicitation unsound, or establishes the need for a correction or clarification, such information must immediately be communicated to the PCO, in writing, for resolution.

L-1.2 This RFP does not commit the Government to pay any costs incurred in the submission of any proposal. In accordance with FAR Subpart 4.8 (Government Contract Files), the Government will retain one copy of all unsuccessful proposals. Unless the offeror requests otherwise, the Government will destroy extra copies of such unsuccessful proposals.

L-1.3 Delivery and Proposal Instructions:

L-.1.3.1 You are invited to submit a proposal in accordance with the instructions contained herein. All proposal media must arrive at the specified address below no later than 4:00 PM, Eastern Time, 20 July 2009.

USSOCOM

SOAL-KR

ATTN: Mr. Kevin Jans 7701 Tampa Point Blvd MacDill AFB, FL 33621

L-1.3.2 Proposal Copies: Offerors shall submit one printed original signed and dated offer plus two electronic copies (CD-ROM) to the office specified in Block 7 and by the date and time specified in Block 9 of the SF 33.

Late submittal will result in offeror disqualification in accordance with FAR 15.208.

L-1.3.3 Proposal Format: Proposals shall be submitted in Microsoft Office software or compatible format. The offeror shall submit 1 hard copy proposal as specified below. In addition, 2 copies on CD-ROM shall be submitted, in accordance with proposal submission instructions. Proposal documentation having a page limit shall use an 8 ½ by 11 inch page size and not less than 10 size pitch (to include graphics containing text). In sections containing page limitations, offerors may include 11” by 17” fold-out pages, but each such page shall count as 2 pages towards the maximum page limitation. Charts and tables will be included in the page count.

L-2 SPECIAL INSTRUCTIONS FOR PREPARATION OF PROPOSALS

General Information

L-2.1 Instructions: Instructions contained herein are for preparing proposals and providing data to the Government in response to this solicitation.

L-2.2 Compliance: Proposals must comply fully with these instructions. Proposals that fail to do so may be rejected as non-compliant. Proposals shall include all of the information requested in these instructions. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the Government’s requirements; rather Offerors shall provide convincing rationale to address how they intend to meet these requirements.

L-2.3: Electronic Files: Indicate on each CD-ROM the offeror name, solicitation number, date, volume number and title. Each volume shall be in separate directories on the CD-ROM. Use separate files to permit rapid location of all portions, including exhibits, annexes, addenda and attachment, if any. If files are compressed, the necessary decompression program shall be included. Multiple disks, if required, will each be labeled with the contents. The file naming convention for the proposal volumes is as follows:

Files File Name Page Limit

Volume 1 – Technical/Management Technical / Management 50

Teaming and Subcontracting

Arrangments Unlimited

Sample Task 1 20

Sample Task 2 20

Sample Task 3 20

Sample Task 4 (Urgent) 20

Volume 2 – Performance Risk

Performance Risk Unlimited

Volume 3 – Cost Cost Unlimited

Volume 4 – Contract Attachments SF33 Unlimited

Section B Unlimited Section K Unlimited

L-2.4 General Preparation

L-2.4.1 Offerors should confine their submissions to essential matters, sufficient to define their proposal, and provide an adequate basis for evaluation. Unsupported promises to comply with the contractual requirements are insufficient. Proposals must not merely echo the contractual requirements; they must provide convincing documentary evidence supporting asserted performance.

L-2.4.2 No classified information may be submitted in response to this Request for Proposal (RFP).

L-2.4.3 Unnecessarily elaborate brochures or documentation, binding, detailed art work, expensive paper, expensive visual aids or other embellishments are unnecessary and are not desired.

L-2.4.4 When evaluating an offeror’s capability to perform the prospective contract, the Government will also consider compliance with these instructions. The Government will consider an offeror’s noncompliance with these instructions, or any attempt to evade the requirements imposed by these instructions, as indicative of conduct the Government may expect from the offeror during contract performance. The Government reserves the right to treat noncompliance with these instructions as a risk, and may treat such risk as grounds to eliminate any vendor from award consideration.

L-3 PROPOSAL CONTENT

L-3.1 AREA I – TECHNICAL/MANAGEMENT

L-3.1.1 FACTOR 1 – Technical/Management Approach

The proposal should address any innovation for hiring and retaining highly skilled, qualified, and flexible workforce to meet fluctuating task order requirements. The Offeror’s proposal shall address how to satisfy cost, schedule, and performance across the Performance Work Statement (PWS) for all task orders. The proposal shall demonstrate the Offeror’s sound and rational approach for task order management and data management to meet all contract requirements.

The Offeror shall provide teaming and subcontracting arrangments (if applicable) in accordance with the following:

(1) The Offeror shall list, by PWS paragraph, the types of tasks that will be subcontracted and to whom.

The Offeror shall discuss how it plans to: interact with the subcontractors; allocate work between the prime and subcontractors; NAICS code to be assigned, exercise oversight/control over subcontractor cost, schedule and performance. Explain the rationale if there are differences in the procedures for interfacing with different subcontractors.

(2) The Offeror shall provide copies of any written teaming arrangements or agreements with subcontractors that have been executed and indicate a contractual relationship or commitment.

L-3.1.2 FACTOR 2 – Sample Tasks

The Offeror shall respond to the four sample tasks that will be released at timed intervals as detailed in paragraph L-

3.1.4 below. The sample tasks orders will be used for evaluation purposes. However, the government reserves the right to issue one or up to all four sample Task Orders at contract award. The Offeror will be expected to propose a

CPFF in Section B for each of the sample tasks. . Innovative business practices proposed in other solicitation areas are expected to be incorporated in the sample task proposals, when applicable. Each sample task proposal shall stand on its own without the evaluator having to go to other portions of the proposal to evaluate. All of the products described below are required for each of the sample tasks.

(1) PWS. The Offeror shall develop a PWS that demonstrates an understanding of the objectives in the Task Order Request, the ability to translate the Government objectives into a performance-based construct with metrics that are meaningful and can measure effectiveness and efficiencies of the work to be performed. The sample tasks must not contain hyper-links.

(2) WBS. The Offeror shall develop a WBS for all samples task that crosswalks with the proposed technical approach in the PWS. The Offeror shall extend the WBS to Level II and/or Level III, as appropriate; to completely outline the technical approach proposed. The PWS shall be the Offeror’s expression of the derived WBS.

(3) Resource Estimate. The Offeror shall develop a resource estimate for each sample task. Its contents shall include labor categories, labor hours, and required materials, to include tools, test equipment, facilities, etc., without the associated cost data. Note: The same information with the associated costs shall be presented in Volume III.

(4) Project Milestone Schedule. The Schedule shall present and explain the Offeror’s planned timeline for accomplishing the tasks set out in the proposed PWS and WBS. The Offeror shall identify the critical path associated with the sample task schedule.

(5) Management Plan. The management plan shall present the Offeror’s methodology for controlling or mitigating the various factors affecting the proposed work tasks, schedule, and cost. The management plan shall address the Offeror’s method for complying with any special Government oversight, reporting, or management requirements presented in the Task Order Request. The management plan will address the correlation between the PWS, WBS, Resource Estimate and Milestone Schedule as required.

(6) Resumes of Key Personnel. The offeror shall submit resumes of Key Personnel for each labor category relative to each sample task order.

L-3.1.2.1 Subfactor 2.1 – Armor Coupons / Ballistic Testing The sample task requirements are presented in the Statement of Objectives (SOO) in Attachment 2. In response to this sample task, the Offeror shall provide (1) a PWS, (2) a Work Breakdown Structure (WBS), (3) a Resource Estimate, (4) a Project Milestone Schedule, and (5) a Management Plan. These five products are explained in detail above.

L-3.1.2.2 Subfactor 2.2 – Vehicle Hardpoint Interface Modification The sample task requirements are presented in the Statement of Objectives (SOO) in Attachment 2. In response to this sample task, the Offeror shall provide (1) a PWS, (2) a Work Breakdown Structure (WBS), (3) a Resource Estimate, (4) a Project Milestone Schedule, and (5) a Management Plan. These five products are explained in detail above.

L-3.1.2.3 Subfactor 2.3 – Sample Task Order with Average Proposal Receipt Time The sample task requirements will be released via amendment to the RFP on or about thirty (30) days before the proposal due date in paragraph L-1.3.1.

L-3.1.2.4 Subfactor 2.4 – Sample Task Order with Rapid Proposal Receipt Time The sample task requirements will be released via amendment to the RFP on or about five (5) days before the proposal due date in paragraph L-1.3.1.

L-3.2 AREA II – PERFORMANCE RISK

(1) Offerors are encouraged to provide information on problems encountered on contracts and the offeror's corrective actions.

(2) Offerors shall provide a completed Past Performance Matrix in the format below with the offeror’s last five relevant government contracts of similar efforts.

Name of contracting activity

Contract number

Nomenclature of item(s) and quantities

Contract Type

(Firm Fixed

Price, Cost

Reimbursable, etc)

Total

Contract

Value

Contracting

Officer and telephone number

Program

Manager and telephone number

Administrative

Contracting

Officer, if different than #6, and telephone number

For the same or similar efforts and references (including contract numbers, points of contact with telephone numbers and other relevant information); it is requested that offerors submit relevant past experience. The offeror shall describe their record, and that of any first-tier/major subcontractor and/or teaming arrangement participant, of experience and past performance with contracts of a similar size, scope and technical complexity within the last five years to those required by this solicitation. Strong emphasis during evaluation of proposals will be placed on the offeror’s record of experience and past performance RELEVANT TO THIS EFFORT.

(3) The offeror shall provide the above required information for any and all contracts it has had terminated in whole or in part, for cause during the past five (5) years, to include those currently in the process of such terminations, as well as those which are not similar to the proposed effort. The contractor shall list each time the delivery schedule was revised and provide an explanation of why the revision was necessary.

(4) No Experience. Contractor must clearly state in the proposal if they have no relevant prior experience.

If left blank the proposal will be considered “not responsive” and a deficiency in this Area will be noted, which may cause the proposal to be rated as high risk.

Note: Offerors are reminded that both independent data and data provided by offerors in their proposals may be used to evaluate offeror’s past performance. The Government does not assume the duty to search for data to cure problems it finds in proposals. The Government will search the Federal Past Performance Information Retrieval System (PPIRS). However, the burden of proving acceptability remains with the offerors.

The offeror shall submit, along with the information required in this paragraph, a consent letter, executed by each subcontractor, teaming partner, and/or joint venture partner, authorizing release of adverse past performance information to the offeror so the offeror can respond to such information. For each identified effort for a commercial customer, the offeror shall also submit a client authorization letter, authorizing release to the Government of requested information on the offeror's performance.

L-3.3 AREA III – COST

(1) The offeror shall complete the pricing in the Schedule starting in Section B of the RFP for the Sample Tasks. All cost information submitted under this RFP shall be included only in the cost volume. No cost information will be included in the technical volume. The Offeror shall propose a CPFF for each Sample Task.

The Offeror shall provide memorandums, letters or reports pertaining to the following:

-Proof of adequate accounting system -Proof of an acceptable estimating system -Copy of the Administrative Contracting Officer’s approval of purchasing system.

L-3.3.1 Sample Task Costs

L-3.3.1.1 Offerors shall include a complete and separate cost proposal for each sample task based on the Offeror’s proposed technical approach discussed in Volume I. The Offeror’s cost proposal for each sample task shall be CPFF as listed in Section B of this RFP. The Offeror’s proposal for each Sample Task shall include the following data:

break down of direct and indirect costs by cost element; proposed labor hours and basis of estimate for each labor category; proposed bill of material; and basis of estimate for all indirect rates and direct labor rates. In addition, the associated cost data and supporting rationale for each Sample Task shall be submitted in similar format and detail as described in paragraphs L-3.3.1.2, L-3.3.1.3, L-3.3.1.4,, L-3.3.1.5, and L-3.3.1.6 below. This shall also include costs associated with inter-divisional transfers, a bill of materials including all items with extended value over $5,000; a list of all tools, test equipment and facilities. The burden of proof of cost credibility rests with the Offeror.

L-3.3.1.2 Bill of materials shall include the following: WBS element, word description; quantity required by WBS element; total quantity for the sample task, unit cost; total or extended cost; and the basis for the estimate. The rationale for estimating material cost and choosing material sources shall be explained.

L-3.3.1.3 The Offerors shall provide similar information as discussed above (i.e., costs, man loading charts, burden rates, material costs) for each of the major subcontractors.

L-3.3.1.4 DD Form 1423 Offerors shall breakout their estimated data prices for each data item identified on the DD Form 1423s attached in Section J, and those submitted by the Offeror IAW DFARS 215.470 and SOFARS Clause 5652.215-9005, Estimated Prices for Data incorporated in this section of the RFP.

L-3.3.1.5 Subcontracts: Offerors shall submit a listing of the proposed subcontractors and teaming arrangements showing for each (a) the description of the effort, (b) type of contractual arrangement, and (c) total subcontract cost.

Per FAR 15.404-3, prime Offerors and subcontractors shall conduct appropriate cost and/or price analyses of all subcontract proposals to establish cost reasonableness and cost realism (as applicable on cost reimbursable contracts) of proposed subcontract costs and shall…