HQ0147-11-R-0002 Clear Cod Solicitation Amendment01_5 Mar 2012.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

1. The purpose of this Amendment 01 is to provide updates to the solicitation and add f inal attachments/exhibits. See continuation pages to this amendment for further details.

2. The undersigned agrees, if this offer is accepted w ithin 270 calendar days from the date for receipt of offers to furnish all items upon w hich prices are offered at the price set opposite each item, delivered at the designated point(s), w ithin the time specif ied in the schedule.

3. The date for receipt of proposals remains 12:00 pm (EST), 21 March 2012.

4. All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 9

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

16C. DATE SIGNED

BY 05-Mar-2012

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 HQ0147-11-R-0002

X 9B. DATED (SEE ITEM 11)

06-Feb-2012

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

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

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

05-Mar-2012

CODE

MISSILE DEFENSE AGENCY (MDA)

CONTRACTS DIRECTORATE

BLDG 5222 MARTIN RD

REDSTONE ARSENAL AL 35898-0001

HQ0147 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

HQ0147-11-R-0002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

BLOCK #14 CONTINUATION

A. The following documents have been revised:

Request For Proposal, HQ0147-11-R-0002

Atch 01 - CLIN Pricing Data Entry Sheet

Atch 09 - Section L, Instructions, Conditions, and Notices to Offerors

Atch 10 - Section M, Evaluation Factors for Award

Atch L1 - OCI Analysis-Disclosure Form

Atch L4a - Clear-Cod Past Performance Questionnaire Cover Letter

Atch L6 - Client Authorization Letter

Atch L7 – Cost Price Exhibits

B. The following final attachments have been added:

Exhibit A, Clear Contract Data Requirements List (CDRL)

DD Form 1423-1, Clear CDRLs - 64 pages

Exhibit B, Cod Contract Data Requirements List (CDRL)

DD Form 1423-1, Cod CDRL - 62 pages

Atch 16 - CDR Checklist

Atch 17 - Clear (CSDR)

Atch 18 Cod (CSDR)

Atch 19 (SPDP) (CSDR)

Atch L-9 Total Resources Volume

C. The following clause has been added to Section I:

FAR Clause 52.232-5, Payments under Fixed-Price Construction Contracts

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 0010

The CLIN extended description has changed from:

CLEAR Special Studies

Maximum Fixed Fee = 8%

Composite Fully Burdened Labor Rate based on CLIN 0001 skill mix.

FY12 FY13 FY14 FY15 FY16

Fully Burdened Labor Rate W/Out Fee _____ _____ _____ _____ ______

Fixed Fee $’s Per Hour _____ _____ _____ _____ ______

FOB: Destination

This CLIN includes any Clear Special Studies that may need to be executed via a Task Instruction with an agreed-to rate inclusive of fee.

COST AND PRICING DATA ENTERED IN SECTION B SHALL NOT BE CONSIDERED FOR REVIEW AND

SUBSEQUENT CONTRACT AWARD.REFER TO SECTION J, ATTACHMENT #1 FOR ENTRY OF COST

AND PRICING INFORMATION

To:

CLEAR Special Studies (LOE)

CPFF

Fixed Fee Shall Be No Greater Than 8%

Composite Fully Burdened Labor Rate based on CLIN 0001 skill mix.

Fully Burdened Labor Rate W/Out Fee _____ _____ _____ _____ ______

Fixed Fee $’s Per Hour _____ ______ _____ ______ ______

This CLIN includes any Clear Special Studies that may need to be executed via a Task Instruction with an agreed-to rate inclusive of fee.

COST AND PRICING DATA ENTERED IN SECTION B SHALL NOT BE CONSIDERED FOR REVIEW AND

AND PRICING INFORMATION.

CLIN 0018

The CLIN extended description has changed from:

Maximum Fee = 8%

Fully Burdened Labor Rate W/Out Fee _____ _____ _____ _____ _____

Fixed Fee $’s Per Hour _____ _____ _____ _____ _____

COMPOSITE FULLY BURDENED LABOR RATE BASED ON CLIN 0013 SKILL MIX

This CLIN includes any Cape Cod Special Studies that may need to be turned on via a Task Instruction with an agreed-to rate inclusive of fee.

COST AND PRICING DATA ENTERED IN SECTION B SHALL NOT BE CONSIDERED FOR REVIEW AND

AND PRICING INFORMATION

To:

COD Radar Special Studies (LOE)

CPFF

Fixed Fee Shall Be No Greater Than 8%

Composite Fully Burdened Labor Rate based on CLIN 0013 skill mix.

Fully Burdened Labor Rate W/Out Fee _____ _____ _____ _____ _____

Fixed Fee $’s Per Hour _____ _____ _____ _____ _____

This CLIN includes any Cape Cod Special Studies that may need to be turned on via a Task Instruction with an agreed-to rate inclusive of fee.

COST AND PRICING DATA ENTERED IN SECTION B SHALL NOT BE CONSIDERED FOR REVIEW AND

AND PRICING INFORMATION.

SECTION F - DELIVERIES OR PERFORMANCE

The following have been added by full text:

NOTE:

Delivery Dates / Period of Performance (PoP) information shall be based on an Integrated Master Schedule (IMS) and Integrated Master Plan (IMP) submitted by contract awardee and accepted/incorporated into the contract by the

Government per the Upgraded Early Warning Radar (UEWR), Clear and Cape Cod Statement of Work (SOW).

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

H-33 PROGRAM SYNCHRONIZATION (Nov 2010)

a. The Missile Defense Agency (MDA) requires the synchronized integration of platforms, sensors, and other components of the BMDS which were or are under separate development by multiple contractors. MDA uses the concept of End-to-End (EtE) performance to serve as the organizing principle that aligns and synchronizes these efforts to achieve the desired operational end-state for the BDMS. Synchronization is defined as the logical alignment of management, design, development, integration, modification, verification and validation, and test activities and processes such that sensors, data links, command and control (C2), and interceptors smoothly and optimally integrate within well-defined and commonly understood requirements and interfaces.

b. During the performance of this contract, the Contractor shall provide technical data and other information (to include limited and restricted rights data as defined by DFARS 252.227-7013 and 252.227-7014 or information protected under the Freedom of Information Act Exemption 4) to other Ballistic Missile Defense

(BMD) Contractors and Government agencies to facilitate MDA objectives.

c. Pursuant to paragraphs (a) and (b) above the Contractor shall negotiate appropriate Associate Contractor

Agreements (ACAs) and Non-Disclosure Agreements (NDAs) with other Contractors as necessary to implement the exchanges of technical data and other information required, ensure total system EtE performance, and also to protect technical data and other information from unauthorized disclosure or use. These agreements must not restrict any of the Government’s rights established pursuant to this or any other contract. A copy of each ACA and amendments to

ACAs shall be provided to the PCO in order for the Government to document the flow of information.

d. When associate contracts have been entered into or modified as described in this clause, the associate contractors and general information on the purpose of the associate contracts will be incorporated into this clause as shown below:

Company Name Contract # and Description ACA Purpose

Boeing HQ0147-12-C-0004 BMDS Integrations

ITT F19628-02-C-0010 Radar Sustainment

BAE FA2517-06-C-8001 Site support contractor

e. The ACAs shall, at a minimum, include the following general information: (1) Identify the associate contractors and their relationships; (2) Identify the program involved and the relevant Government contracts of the associate contractors; (3) Describe the associate contractor interfaces by general subject matter; (4) Specify the categories of information to be exchanged or support to be provided; (5) Include the expiration date (or event) of the

ACA; and (6) Identify potential conflicts between relevant Government contracts and the ACA; include agreements on protection of technical data or other information and restrictions on employees.

f. The Contractor’s performance with respect to integration support, cooperation, and the exchange and sharing of information with other BMD contractors, shall comply with security classification requirements as outlined in the DD Form 254 incorporated into this contract.

g. Nothing in this clause shall take precedence over any other clause or provision of this contract nor does it in any way effect the Government’s technical data rights.

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002

52.216-10 INCENTIVE FEE (JUN 2011)

(a) General. The Government shall pay the Contractor for performing this contract a fee determined as provided in this contract.

(b) Target cost and target fee. The target cost and target fee specified in the Schedule are subject to adjustment if the contract is modified in accordance with paragraph (d) below.

(1) "Target cost," as used in this contract, means the estimated cost of this contract as initially negotiated, adjusted in accordance with paragraph (d) below.

(2) "Target fee," as used in this contract, means the fee initially negotiated on the assumption that this contract would be performed for a cost equal to the estimated cost initially negotiated, adjusted in accordance with paragraph

(d) below.

(c) Withholding of payment.

(1) Normally, the Government shall pay the fee to the Contractor as specified in the Schedule. However, when the

Contracting Officer considers that performance or cost indicates that the Contractor will not achieve target, the

Government shall pay on the basis of an appropriate lesser fee. When the Contractor demonstrates that performance or cost clearly indicates that the Contractor will earn a fee significantly above the target fee, the Government may, at the sole discretion of the Contracting Officer, pay on the basis of an appropriate higher fee.

(2) Payment of the incentive fee shall be made as specified in the Schedule; provided that the Contracting Officer withholds a reserve not to exceed 15 percent of the total incentive fee or $100,000, whichever is less, to protect the

Government's interest. The Contracting Officer shall release 75 percent of all fee withholds under this contract after receipt of an adequate certified final indirect cost rate proposal covering the year of physical completion of this contract, provided the Contractor has satisfied all other contract terms and conditions, including the submission of the final patent and royalty reports, and is not delinquent in submitting final vouchers on prior years' settlements.

The Contracting Officer may release up to 90 percent of the fee withholds under this contract based on the

Contractor's past performance related to the submission and settlement of final indirect cost rate proposals.

(d) Equitable adjustments. When the work under this contract is increased or decreased by a modification to this contract or when any equitable adjustment in the target cost is authorized under any other clause, equitable adjustments in the target cost, target fee, minimum fee, and maximum fee, as appropriate, shall be stated in a supplemental agreement to this contract.

(e) Fee payable.

(1) The fee payable under this contract is identified in the table below:

CLIN 0004 Cost Plus Incentive Fee (CPIF)

Signal Processor/Data Processor (SP/DP) Rehost

Share Ratio Below 97% of Target Cost = 40/60

Share Ratio Above 103% of Target Cost = 60/40

Target Fee = 3.5% (earned in the cost range of 97% to 103% of Target Cost)

Minimum Fee = 2%

Maximum Fee = 4.5%

CLIN 0005 Performance / Schedule Incentive for CLIN 0004

Target Fee = 9%

Minimum Fee = 0%

Maximum Fee = 10.5%

CLIN 0006 Cost Plus Incentive Fee (CPIF)

SP/DP Deployment to CSIF

Share Ratio Below 97% of Target Cost = 40/60

Share Ratio Above 103% of Target Cost = 60/40

Target Fee = 3.5% (earned in the cost range of 97% to 103% of Target Cost)

CLIN 0007 Performance/Schedule Incentive for CLIN 0006

Target Fee = 8%

CLIN 0008 Cost Plus Incentive Fee (CPIF)

SP/DP Deployment to Beale

Share Ratio Below 97% of Target Cost = 40/60

Share Ratio Above 103% of Target Cost = 60/40

Target Fee = 3.5% (earned in the cost range of 97% to 103% of Target Cost)

CLIN 0009 Performance/Schedule Incentive for CLIN 0008

Target Fee = 9%

CLIN 0011 CLEAR Sys Eng & Prog Mgt

Cost Plus Incentive Fee (CPIF)

Share Ratio Below Target 50/50

Share Ratio Above Target 50/50

Minimum Fee = 3%

Maximum Fee = 15%

OPTIONS CLINs (CAPE COD)

CLIN 0014 Cost Plus Incentive Fee (CPIF)

Cape Cod Radar Integration and Deployment

Share Ratio Below Target 40/60

Share Ratio Above Target 60/40

Target Fee = 12%

CLIN 0019 Cost Plus Incentive Fee (CPIF)

COD Systems Engineering & Program Management

Share Ratio Below Target 50/50

Share Ratio Above Target 50/50

Target Fee = 12%

(2) The fee shall be subject to adjustment, to the extent provided in paragraph (d) above, and within the minimum and maximum fee limitations in subparagraph (1) above, when the total allowable cost is increased or decreased as a consequence of (i) payments made under assignments or (ii) claims excepted from the release as required by paragraph (h)(2) of the Allowable Cost and Payment clause.

(3) If this contract is terminated in its entirety, the portion of the target fee payable shall not be subject to an increase or decrease as provided in this paragraph. The termination shall be accomplished in accordance with other applicable clauses of this contract.

(4) For the purpose of fee adjustment, "total allowable cost" shall not include allowable costs arising out of--

(i) Any of the causes covered by the Excusable Delays clause to the extent that they are beyond the control and without the fault or negligence of the Contractor or any subcontractor;

(ii) The taking effect, after negotiating the target cost, of a statute, court decision, written ruling, or regulation that results in the Contractor's being required to pay or bear the burden of any tax or duty or rate increase in a tax or duty;

(iii) Any direct cost attributed to the Contractor's involvement in litigation as required by the Contracting Officer pursuant to a clause of this contract, including furnishing evidence and information requested pursuant to the Notice and Assistance Regarding Patent and Copyright Infringement clause;

(iv) The purchase and maintenance of additional insurance not in the target cost and required by the Contracting

Officer, or claims for reimbursement for liabilities to third persons pursuant to the Insurance Liability to Third

Persons clause;

(v) Any claim, loss, or damage resulting from a risk for which the Contractor has been relieved of liability by the

Government Property clause; or

(vi) Any claim, loss, or damage resulting from a risk defined in the contract as unusually hazardous or as a nuclear risk and against which the Government has expressly agreed to indemnify the Contractor.

(5) All other allowable costs are included in "total allowable cost" for fee adjustment in accordance with this paragraph (e), unless otherwise specifically provided in this contract.

(f) Contract modification. The total allowable cost and the adjusted fee determined as provided in this clause shall be evidenced by a modification to this contract signed by the Contractor and Contracting Officer.

(g) Inconsistencies. In the event of any language inconsistencies between this clause and provisioning documents or

Government options under this contract, compensation for spare parts or other supplies and services ordered under such documents shall be determined in accordance with this clause.

(End of clause)

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J

Exhibits/Attachments

Page Date

Exhibit A Clear Contract Data Requirements List (CDRL)

DD Form 1423-1, Clear CDRLs 64 23 Feb 2012

Exhibit B Cod Contract Data Requirements List (CDRL)

DD Form 1423-1, Clear CDRLs 62 23 Feb 2012

Atch 1 CLIN Pricing Data Entry Sheet 12 21 Feb 2012

Atch 2 Scope of work (SOW) 59 06 Feb 2012

Atch 3 DOD Contract Security Classification

Specification (DD Form 254) 12 29 Jun 2011

Atch 4 Government Furnished Property List 1 12 Dec 2011

Atch 5 Award Fee Plan 17 26 Jan 2012

Atch 6 Incentive Fee Plan 9 06 Feb 2012

Atch 7 Clear Base Support Requirements List (BSRL) 16 06 Feb 2012

Atch 8 Cod Base Support Requirements List (BSRL) 15 06 Feb 2012

Atch 9 Instructions, Conditions and Notices to

Offerors – Section L 39 28 Feb 2012

Atch 10 Evaluation Factors for Award – Section M* 15 28 Feb 2012

Atch 11 REMOVED and Replaced w/ Exhibit A

Atch 12 REMOVED and Replaced w/ Exhibit B

Atch 13 Air Force Technical Manual Contract

Requirements (TMCR) 14 06 Feb 2012

Atch 14 MDA Policy Memorandum No. 51

Organizational Conflicts of Interest 2 27 Jul 2009

Atch 15 List of Acronyms 9 05 Jan 2012

Atch 16 Critical Design

Review (CDR) Checklist 10 21 Feb 2012

Atch 17 Clear Cost & Software Data

Reporting (CSDR) Plan 2 13 Dec 2011

Atch 18 Cod Cost & Software Data

Recording (CSDR) Plan 2 06 Dec 2011

Atch 19 SP/DP Cost & Software Data

Recording (CSDR) Plan 2 06 Dec 2011

* NOTE: After further consideration, the Government has elected to not include the additional definitions pertaining to the rating descriptions that were presented at the pre-proposal conference on 14 February 2012.

(End of Summary of Changes)