Skids_Solicitation_Amendment_0006_Released.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 Solicitation Amendment is to provide responses to all questions received through 5 June 2014. Changes to the solicitation, including those resulting from Government responses to questions are contained in the Summary of Changes portion of the Amendment page 2.

1. CONTRACT ID CODE PAGE OF PAGES

1 7

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

16C. DATE SIGNED

BY 10-Jun-2014

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 HQ0276-14-R-0001

X 9B. DATED (SEE ITEM 11)

09-Apr-2014

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

10-Jun-2014

CODE

MISSILE DEFENSE AGENCY (MDA)

17211 AVENUE D SUITE 160

DAHLGREN VA 22448-5154

HQ0276 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

HQ0276-14-R-0001

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

SUMMARY OF CHANGES

The purpose of this modification is to:

(1) Incorporate an updated Attachment 1 Statement of Work dated June 3, 2014 to remove MIL-PRF 23199E from Paragraph 4 and Paragraph 5.2.11.

(2) Incorporate an update Attachment 5 Section M Evaluation Factors for Award dated June 9, 2014 revising paragraphs M-05.3.6 Price Factor Evaluation Results, M-04.1 Factors/Subfactors and Their Relative Order of Importance, and M-05.2.1 Performance Confidence Assessment.

(3) Add and remove FAR and DFARS Clauses. Please see the following pages for the list of clause updates.

(4) Attachment 3 Aegis Ashore Skid TDP has been updated to incoporate drawings referenced in the Q&A

Matrix uploaded in VIEWNet.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

H-28 DISTRIBUTION CONTROL OF TECHNICAL INFORMATION (May 2013)

a. The following terms applicable to this clause are defined as follows:

1. DoD Official. Serves in DoD in one of the following positions: Program Director, Deputy Program Director, Program Manager, Deputy Program Manager, Procuring Contracting Officer, Administrative Contracting Officer, or Contracting Officer’s Representative.

2. Technical Document. Any recorded information (including software) that conveys scientific and technical information or technical data.

3. Scientific and Technical Information. Communicable knowledge or information resulting from or pertaining to the conduct or management of effort under this contract. (Includes programmatic information).

4. Technical Data. As defined in DFARS 252.227-7013.

b. Except as otherwise set forth in the Contract Data Requirements List (CDRL), DD Form 1423 the distribution of any technical documents prepared under this contract, in any stage of development or completion, is prohibited outside of the contractor and applicable subcontractors under this contract unless authorized by the Contracting Officer in writing. However, distribution of technical data is permissible to DOD officials having a “need to know” in connection with this contract or any other MDA contract provided that the technical data is properly marked according to the terms and conditions of this contract. When there is any doubt as to “need to know” for purposes of this paragraph, the Contracting Officer or the Contracting Officer’s Representative will provide direction. Authorization to distribute technical data by the Contracting Officer or the Contracting Officer’s Representative does not constitute a warranty of the technical data as it pertains to its accuracy, completeness, or adequacy. The contactor shall distribute this technical data relying on its own corporate best practices and the terms and conditions of this contract. Consequently, the Government assumes no responsibility for the distribution of such technical data nor will the Government have any liability, including third party liability, for such technical data should it be inaccurate, incomplete, improperly marked or otherwise defective. Therefore, such a distribution shall not violate 18 United States Code § 1905.

c. All technical documents prepared under this contract shall be marked with the following distribution statement, warning, and destruction notice: When it is technically not feasible to use the entire WARNING statement, an abbreviated marking may be used, and a copy of the full statement added to the "Notice To Accompany Release of Export Controlled Data" required by DoD Directive 5230.25.

1. DISTRIBUTION - Distribution Statement C. Distribution authorized to U.S. Government agencies and their contractors. Other requests for this document shall be referred to MDA/AA.

2. WARNING - This document contains technical data whose export is restricted by the Arms Export Control Act (Title 22, U.S.C., Sec 2751, et seq.) or the Export Administration Act of 1979 (Title 50, U.S.C., App.

2401 et seq), as amended. Violations of these export laws are subject to severe criminal penalties. Disseminate in accordance with provisions of DoD Directive 5230.25

3. DESTRUCTION NOTICE - For classified documents follow the procedures in DOD 5220.22-M, National Industrial Security Program Operating Manual, February 2006, Incorporating Change 1, March 28, 2013, Chapter 5, Section 7, or DoDM 5200.01-Volume 3, DoD Information Security Program: Protection of Classified Information, Enclosure 3, Section 17. For controlled unclassified information follow the procedures in DoDM 5200.01-Volume 4, Information Security Program: Controlled Unclassified Information.

d. The Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts.

The following have been deleted:

MDA H-40 INDEMNIFICATION AGAINST UNUSUALLY

HAZARDOUS RISKS

APR 2012

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

52.227-14 Rights in Data--General DEC 2007 52.251-1 Government Supply Sources APR 2012 252.225-7041 Correspondence in English JUN 1997 252.227-7015 Technical Data--Commercial Items FEB 2014 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

The following have been added by full text:

52.222-20

CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND

EQUIPMENT EXCEEDING $15,000 (MAY 2014)

If this contract is for the manufacture or furnishing of materials, supplies, articles or equipment in an amount that exceeds or may exceed $15,000, and is subject to 41 U.S.C. chapter 65 , the following terms and conditions apply:

(a) All stipulations required by 41 U.S.C. chapter 65 and regulations issued by the Secretary of Labor (41 CFR Chapter 50) are incorporated by reference. These stipulations are subject to all applicable rulings and interpretations of the Secretary of Labor that are now, or may hereafter, be in effect.

(b) All employees whose work relates to this contract shall be paid not less than the minimum wage prescribed by regulations issued by the Secretary of Labor (41 CFR 50-202.2). Learners, student learners, apprentices, and workers with disabilities may be employed at less than the prescribed minimum wage (see 41 CFR 50-202.3) to the same extent that such employment is permitted under section 14 of the Fair Labor Standards Act (41 U.S.C. 6508).

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

(End of clause)

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.209-1 Qualification Requirements FEB 1995 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

JAN 2011

52.222-20 Walsh-Healey Public Contracts Act OCT 2010 52.222-29 Notification Of Visa Denial JUN 2003 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-5 Alt I Pollution Prevention and Right-to-Know Information (May

2011) Alternate I

MAY 2011

52.223-5 Alt II Pollution Prevention and Right-to-Know Information (May 2011) Alt II

MAY 2011

52.223-12 Refrigeration Equipment and Air Conditioners MAY 1995 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984

52.225-1 Buy American Act--Supplies FEB 2009 52.225-8 Duty-Free Entry OCT 2010 52.227-10 Filing Of Patent Applications--Classified Subject Matter DEC 2007 52.227-17 Rights In Data-Special Works DEC 2007 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-36 Payment by Third Party JUL 2013 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.242-1 Notice of Intent to Disallow Costs APR 1984 52.242-2 Production Progress Reports APR 1991 52.244-5 Competition In Subcontracting DEC 1996 252.211-7006 Passive Radio Frequency Identification SEP 2011 252.217-7027 Contract Definitization DEC 2012 252.223-7002 Safety Precautions For Ammunition And Explosives MAY 1994 252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 2012

252.227-7004 License Grant AUG 1984 252.227-7006 License Grant--Running Royalty AUG 1984 252.227-7014 Rights in Noncommercial Computer Software and

Noncommercial Computer Software Documentation

MAY 2013

252.227-7019 Validation of Asserted Restrictions--Computer Software SEP 2011 252.227-7026 Deferred Delivery Of Technical Data Or Computer Software APR 1988 252.227-7027 Deferred Ordering Of Technical Data Or Computer Software APR 1988 252.227-7033 Rights in Shop Drawings APR 1966 252.234-7003 Notice of Cost and Software Data Reporting System NOV 2010 252.235-7000 Indemnification Under 10 U. S. C. 2354 Fixed Price DEC 1991 252.235-7003 Frequency Authorization DEC 1991 252.235-7004 Protection of Human Subjects JUL 2009 252.239-7000 Protection Against Compromising Emanations JUN 2004 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.242-7005 Contractor Business Systems FEB 2012 252.246-7001 Alt I Warranty Of Data (Dec 1991) - Alternate I DEC 1991 252.251-7000 Ordering From Government Supply Sources AUG 2012

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

LIST OF DOCUMENTS

LIST OF DOCUMENTS

The following documents marked by an ** have been added or revised:

EXHIBIT(S) TITLE DATE

A001-A004 Contract Data Requirements List, DD Form 1423-1 25 Mar 2014

ATTACHMENTS TITLE DATE

Attachment 1 **AA Skid Procurement for the Poland AA Site 03 Jun 2014 Statement of Work

Attachment 2 GFE – GFI – GFP List 29 May 2014

Attachment 3 **Aegis Ashore Skid TDP 05 Jun 2014

Attachment 4 Instructions, Conditions and Notices to Offerors- Section L 29 May 2014

Attachment 5 **Evaluation Factors for Award- Section M 09 Jun 2014

Attachment 6 Missile Defense Agency Policy Memo 51 30 May 2012 Organization Conflicts of Interest (OCI)

Attachment 7 AA Skids Acronym List 7 Mar 2014

Attachment 8 Tailored Production Readiness Review (PRR) Checklist 7 Mar 2014

Attachment 9 Procedures for Achieving Brazing Certification 7 Mar 2014

Attachment 10 Contractor Assertion Data Right TBD

Attachment 11 Contractor Management Plan TBD

Attachment 12 Contractor Production Plan TBD

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

252.225-7010 Commercial Derivative Military Article--Specialty Metals

Compliance Certificate

JUL 2009

52.204-3 Taxpayer Identification OCT 1998 52.209-5 Certification Regarding Responsibility Matters APR 2010 52.215-6 Place of Performance OCT 1997 52.219-1 Small Business Program Representations APR 2012 52.219-1 Alt I Small Business Program Representations (Apr 2012)

Alternate I

APR 2011

52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products

FEB 2001

52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

SEP 2010

52.223-1 Biobased Product Certification MAY 2012 52.223-4 Recovered Material Certification MAY 2008 52.225-2 Buy American Act Certificate FEB 2009 52.225-4 Buy American Act--Free Trade Agreement--Israeli Trade Act

Certificate

NOV 2012

52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan--Certification

AUG 2009

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

DEC 2012

52.227-15 Representation of Limited Rights Data And Restricted Computer Software

DEC 2007

52.237-8 Restriction on Severance Payments to Foreign Nationals AUG 2003

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

52.204-6 Data Universal Numbering System Number JUL 2013 52.207-1 Notice Of Standard Competition MAY 2006 52.232-14 Notice Of Availability Of Progress Payments Exclusively For

Small Business Concerns

APR 1984

52.237-1 Site Visit APR 1984 52.237-10 Identification of Uncompensated Overtime OCT 1997 52.247-4 Inspection of Shipping and Receiving Facilities APR 1984 52.247-6 Financial Statement APR 1984 52.247-45 F.O.B. Origin And/Or Destination Evaluation APR 1984

SECTION M - EVALUATION FACTORS FOR AWARD

52.247-47 Evaluation--F.O.B. Origin JUN 2003

(End of Summary of Changes)