RFP Amendment 1.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 0102

The CLIN extended description has changed from See Statement of Objectives Sections 3.1.1 and 3.2.3. Table L-13, Example of Type 2 Retro-fit Kits Non-recurring Development Costs table will be a permanent attachment in Section J of contract award. The share ratio is 70/30. (Applicable PWS Paragraphs X.XX) to See Statement of Objectives Sections 3.1.1 and 3.2.3. Table L-13, Example of Type 2 Retro-fit Kits Unit Costs table will be a permanent attachment in Section J of contract award. The share ratio is 70/30. (Applicable PWS Paragraphs X.XX).

CLIN 0113

The option status has changed from Option to No Status.

CLIN 1100

The CLIN extended description has changed from See Statement of Objectives Section 3.2.2. Includes the target hardware, Peculiar Support Equipment, Common Support Equipment, initial transportation and facilities directly associated with building the target system. Table L-5, Example of Non-recurring and Recurring Price Summary Tables will be a permanent attachment in Section J of contract award. This CLIN will be a Not To Exceed (NTE) quantity of 8 based on government need. Contractor to bid unit price with an NTE amount for 5 targets. Share ratio is 70/30 and the ceiling price is 110% of target price. (Applicable PWS Paragraphs X.XX) to See Statement of Objectives Section 3.2.2. Includes the target hardware, Peculiar Support Equipment, Common Support Equipment, initial transportation and facilities directly associated with building the target system. Table L-5, Example of Non-recurring and Recurring Price Summary Tables will be a permanent attachment in Section J of contract award. This CLIN will be a Not To Exceed (NTE) quantity of 8 based on government need. Contractor to bid unit price with an NTE amount for 8 targets. Share ratio is 70/30 and the ceiling price is 110% of target price. (Applicable PWS Paragraphs X.XX).

The following have been modified:

CONOPS/CLIN STRUCTURE

CLINs 0100 and 0101 are the recurring and non-recurring effort for 14 targets. CLIN 0102 is for the target type 2 kits (if necessary). Once these targets are produced, they will either go directly to the launch range or to storage. All final integration will be done in CONUS under a “ship and shoot” conops. All storage and transportation costs will be handled under CLINs 0103 or 0110. CLINs 0104, 0105, 0106, and 0107 may be exercised on a case by case basis to support either a primary or backup mission. Task instructions will be issued against CLINS 0108 and 0109 as required. The 1100 series of CLINs will be utilized in a similar fashion, with the exception that CLINs 1100, 1103, 1110, and 1112 may be exercised in increments to acquire one target, a kit, and ILS support at a time.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

C-01

SCOPE OF WORK (MAY 2005)

The Contractor shall perform the work specified in the Statement of Objectives in Section C or other Attachments and Exhibits in Section J of this contract. The Contractor shall provide all necessary materials, labor, equipment and facilities incidental to the performance of this requirement.

SECTION E - INSPECTION AND ACCEPTANCE

The following have been modified:

52.246-11 HIGHER-LEVEL CONTRACT QUALITY (FEB 1999)

The Contractor shall comply with the higher-level quality standard selected below.

Title

Number

Date Tailoring

Missile Defense Agency Assurance

MDA-QS-001-MAP-Rev A 29 Oct 2006

Provisions (MAP) (Unclassified)

Missile Defense Agency Parts, MDA-QS-003-PMAP, Rev A 26 Mar 2008

Materials, and Processes, Mission

Assurance Plan (PMAP) (Unclassified)

(End of clause)

SECTION F - DELIVERIES OR PERFORMANCE

The following have been deleted:

SECTION F DELIVERY TABLE

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

H-OCI

H - ORGANIZATIONAL CONFLICT OF INTEREST

a. Purpose: The primary purpose of this clause is to aid in ensuring that:

(1) the Contractor's objectivity and judgment are not biased because of its present or planned interests which relate to work under this contract;

(2) the Contractor does not obtain unfair competitive advantage by virtue of its access to non-public information regarding the Government's program plans and actual or anticipated resources; and

(3) the Contractor does not obtain unfair competitive advantage by virtue of its access to proprietary information belonging to others.

b. Scope: Organizational Conflict of Interest (OCI) rules, procedures and responsibilities as described in FAR Subpart 9.5 shall be applicable to this contract and any resulting subcontracts.

(1) The general rules in FAR 9.505-1 through 9.505-4 and the restrictions described herein shall apply to performance or participation by the Contractor and any of its affiliates or their successors-in-interest (hereinafter collectively referred to as "Contractor") in the activities covered by this contract as prime Contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity.

(2) The Missile Defense Agency’s OCI policy is in Attachment #6 of Section J.

c. Access to and Use of Government Information: If the Contractor, in performance of this contract, obtains access to Government information, or other program related information, such as plans, policies, reports, studies, financial plans, or data which has not been released or otherwise made available to the public, the Contractor agrees that without prior written approval of the Contracting Officer, it shall not:

(1) use such information for any private purpose;

(2) compete for work, other than succeeding MDA targets development support, based on such information for a period of two years after the completion of this contract, or until such information is released or otherwise made public;

(3) submit an unsolicited proposal to the Government based on such information;

(4) release such information.

d. Access to and Protection of Proprietary Information: The Contractor agrees to treat proprietary data in accordance with the provisions of FAR 9.505-4. The Contractor shall enter into a written agreement for the protection of the proprietary data of others and exercise diligent effort to protect such proprietary data from unauthorized use or disclosure.

e. Subcontracts: The Contractor shall include this clause in consulting agreements, teaming agreements, subcontracts, or other arrangements for provision of services or supplies of any tier. The terms "contract", "Contractor", and "Contracting Officer" shall be appropriately modified to preserve the Government's rights.

f. Representations and Disclosures:

(1) The Contractor represents that it has disclosed to the Contracting Officer, prior to award, all facts relevant to the existence or potential existence of organizational conflicts of interest as that term is used in FAR Subpart 9.5. To facilitate disclosure and Contracting Officer approval, the Contractor shall complete an OCI Analysis/Disclosure Form for each MDA, Ballistic Missile Defense (BMD), and BMD-related contract or subcontract (form shall be requested from the Procuring Contracting Officer).

(2) The Contractor represents that if it discovers an organizational conflict of interest or potential conflict of interest after award, a prompt and full disclosure shall be made in writing to the Contracting Officer. This disclosure shall include a description of the action the Contractor has taken or proposes to take in order to avoid or mitigate such conflicts.

g. Remedies and Waiver:

(1) For breach of any of the above restrictions or for non-disclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract for default, disqualify the Contractor from subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with this clause, the Contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof) subsequent to contract award, the Contracting Officer may terminate this contract for convenience if such termination is deemed to be in the best interest of the Government.

(2) The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the Contractor may at any time seek a waiver from the Director, MDA, (via the Contracting Officer) by submitting a full written description of the requested waiver and the reasons in support thereof.

h. Government Indemnity: The Contractor shall hold the Government harmless and indemnify the Government as to any cost or loss resulting from the unauthorized use or disclosure of third party information data or software by the Contractor, its employees, subcontractors or agents.

SECTION I - CONTRACT CLAUSES

The following have been added by full text:

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

MDA/DACT

Contracts Directorate

Bldg 5222 Martin Road

Redstone Arsenal, AL 35898-0001

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

(End of Summary of Changes)