Amendment 2.pdf

NSN 7540-01-152-8070 30-105 STANDARD FORM 30

(REV. 10-83)

PREVIOUS EDITION UNUSABLE Computer Generated Prescribed by GSA

FAR (48 CFR) 53.243

1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 5

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

A0002 See Block 16C N/A

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

Transportation Security Administration 601 South 12th Street Arlington, VA

Same as Block 6

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

HSTS04-08-R- CT1125

9B. DATED (SEE ITEM 11)

2 July 2008

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning one (1) copy 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 DATA 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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

N/A

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.)

The purpose of this amendment is to respond to vendor questions. Please see the attached pages.

Except at provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Samantha M. Gray 15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

(Signature of person authorized to sign)

BY _____________________________________________

(Signature of Contracting Officer)

I. Below are answers to vendor questions.

1) Can a vendor bid a system of systems solution that includes a fixed gantry system in combination with a CT system? If so, does the fixed gantry part of the solution still need to meet the detection criteria outlined in section C.3 of the SOO??

a. While the TSA is actively investigating a system of systems design that utilizes different technologies resulting in improved detection and lower false alarms, this solicitation is not intended to procure components for a systems of systems platform. This solicitation is intended to procure only a stationary gantry / fixed source unit for evaluation. It is appropriate if the Vendor so chooses to include a discussion of how their system could be used in a system of systems implementation. TSA’s primary focus, however, during the review and evaluation of the submitted proposals will be on a single system based on a stationary gantry or fixed source.

b. Yes, the fixed gantry part of the solution will need to meet the detection criteria.

2) How will the system (if we receive and award) be tested? Will it be versus all objectives listed in the SOO?

a. The purpose of this effort is not necessarily to procure a fully functional system, ready for deployment, but to perform an initial evaluation of a Vendor’s system.

The final activity of this project will be a TSA evaluation of the technical, operational, and functional capabilities of the Vendor’s system against all objectives listed in the SOO.

3) Do all components of the system of systems solution have to meet the objectives included in the SOO? Are you planning on awarding based on meeting all or most of the objectives, or could an award be made to a vendor who can only meet half of the objectives?

a. The TSA intends to assess the Vendor’s system as a solitary unit apart from components that may be included in a system of systems design. All proposals will be evaluated against the evaluation factors set forth in Section M of the Solicitation. The Government intends to make award (s) to vendors whose proposal represents the best value to TSA based upon an integrated assessment of the proposal’s relative capability as measured against the evaluation Factors.

4) Would you consider a system whose configuration includes a mechanism to re-scan a bag that was initially identified as containing a potential threat using the same scanner?

a. Yes. However, TSA is seeking a stationary gantry / fixed source system capable of screening 800 bags per hour as listed in the SOO. Any screening method, including re-scan, should take that objective into consideration.

5) What is the overall budget to purchase CLIN001, 002, and 003 for this program?

a. The Government chooses not to disclose this information.

6) Will you grant a one week extension to the proposal due date?

a. No, the proposal due date will not be extended.

7) What are the payment terms association with this solicitation? Are bidders allowed to submit their own payment schedule

a. Section I contains 52.232-16 Progress Payments & 52.232-16 ALT I Progress Payments, which allows vendors to propose a payment schedule.

8) Since the SOO is not to become part of the contract, and vendors will bid their own unique statements of work, how will the government be able to evaluate one proposal versus another? For example, vendor A bids a fully detailed SOW that meets all requirements in the statement of objectives at a high cost: vendor B bids a less comprehensive SOW that meets some of the requirements in the statement of objectives but at a lower cost. How will the evaluation standards be applied on an equal basis?

a. A Statement of Work (SOW) to be offered by each vendor should follow the SOW template included as part of DID 0005. While variations are expected amongst SOWs offered by vendors, TSA expects each vendor to submit a sufficiently detailed SOW to allow for evaluation consistent with the Factors listed in Section M of the RFP. Proposals are not compared, rather each proposal is evaluated against the evaluation factors set forth in the Section M. As stated in Section M of the RFP, the Source Selection Official (SSO) may determine that a superior solution/approach merits a higher price, and therefore represents the best value to the Government.

9) Will the TSA share the test data with the vendors?

a. At this time the TSA does not plan on sharing evaluation plans or procedures to the Vendors prior to TSA’s evaluation of systems procured through award. The TSA does intend on briefing each Vendor on the results of the TSA’s evaluation of systems after evaluation has been completed. At the time of evaluation debriefing, the TSA may at its discretion provide copies of the test plans and procedures used.

10) Will a vendor be able to upgrade (H/W and S/W) the equipment during the evaluation period?

a. No. If an award is made, a Vendor is required to submit a system that is sufficiently robust and mature so as to allow the TSA to complete an evaluation against objectives listed in the SOO. All H/W and S/W modifications must be made prior to turning the system over to TSA for evaluation. Once the TSA’s evaluation period has begun, the only changes allowed will be to address unplanned failures. The Vendors should note that a large number of failures, or failures that cause significant delays, may cause the TSA to stop the evaluation and could result in a negative assessment of the Vendor’s system.

11) Under I.2, Clause 52.246-18 Warranty of supplies of a Complex Nature, please advise what is the warranty period after delivery?

The above referenced clause is modified to read as follows:

52.246-18 Warranty of Supplies of a Complex Nature (MAY 2001)

(a) Definitions. As used in this clause—

“Acceptance” means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services rendered, as partial or complete performance of the contract.

“Supplies” means the end items furnished by the Contractor and related services required under this contract. The word does not include “data.”

(b) Contractor’s obligations.

(1) The Contractor warrants that for 1year all supplies furnished under this contract will be free from defects in material and workmanship and will conform with all requirements of this contract; provided, however, that with respect to Government-furnished property, the Contractor’s warranty shall extend only to its proper installation, unless the Contractor performs some modification or other work on the property, in which case the Contractor’s warranty shall extend to the modification or other work.

(2) Any supplies or parts thereof corrected or furnished in replacement shall be subject to the conditions of this clause to the same extent as supplies initially delivered. This warranty shall be equal in duration to that set forth in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(3) The Contractor shall not be obligated to correct or replace supplies if the facilities, tooling, drawings, or other equipment or supplies necessary to accomplish the correction or replacement have been made unavailable to the Contractor by action of the Government. In the event that correction or replacement has been directed, the Contractor shall promptly notify the Contracting Officer, in writing, of the nonavailability.

(4) The Contractor shall also prepare and furnish to the Government data and reports applicable to any correction required (including revision and updating of all affected data called for under this contract) at no increase in the contract price.

(5) When supplies are returned to the Contractor, the Contractor shall bear the transportation costs from the place of delivery specified in the contract (irrespective of the f.o.b. point or the point of acceptance) to the Contractor’s plant and return.

(6) All implied warranties of merchantability and “fitness for a particular purpose” are excluded from any obligation contained in this contract.

(c) Remedies available to the Government.

(1) In the event of a breach of the Contractor’s warranty in paragraph (b)(1) of this clause, the

Government may, at no increase in contract price—

(i) Require the Contractor, at the place of delivery specified in the contract (irrespective of the f.o.b. point or the point of acceptance) or at the Contractor’s plant, to repair or replace, at the Contractor’s election, defective or nonconforming supplies; or

(ii) Require the Contractor to furnish at the Contractor’s plant the materials or parts and installation instructions required to successfully accomplish the correction.

(2) If the Contracting Officer does not require correction or replacement of defective or nonconforming supplies or the Contractor is not obligated to correct or replace under paragraph (b)(3) of this clause, the Government shall be entitled to an equitable reduction in the contract price.

(3) The Contracting Officer shall notify the Contractor in writing of any breach of the warranty in paragraph (b) of this clause within 30 days after discovery of the defect. The Contractor shall submit to the Contracting Officer a written recommendation within 10 days as to the corrective action required to remedy the breach. After the notice of breach, but not later than 15 days after receipt of the Contractor’s recommendation for corrective action, the Contracting Officer may, in writing, direct correction or replacement as in paragraph (c)(1) of this clause, and the Contractor shall, notwithstanding any disagreement regarding the existence of a breach of warranty, comply with this direction. If it is later determined that the Contractor did not breach the warranty in paragraph (b)(1) of this clause, the contract price will be equitably adjusted.

(4) If supplies are corrected or replaced, the period for notification of a breach of the Contractor’s warranty in paragraph (c)(3) of this clause shall be 15 days from the furnishing or return by the Contractor to the Government of the corrected or replaced supplies or parts thereof, or, if correction or replacement is effected by the Contractor at a Government or other activity, for 10 days thereafter.

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of the contract.

(End of clause)

(End of Amendment)