N00019-13-R-0060-0004.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)

30-105-04 EXCEPTION 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: 1) Add FAR 52.232.39 and 2) Amend Section J Exhibits A002, A00A, AA01, AA05, BB01 and BB03 CDRLs, Attachment 3 Production SOW, and Attachment 4 GFI List.

All changes are highlighted in red font for ease of review.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 4

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

16C. DATE SIGNED

BY 09-Jul-2013

16B. UNITED STATES OF AMERICA 15C. DATE SIGNED 15B. 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 N00019-13-R-0060

X 9B. DATED (SEE ITEM 11)

03-May-2013

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

09-Jul-2013

CODE

NAVAL AIR SYSTEMS COMMAND

AIR-2.3.1, BLDG 2805, 48202 BRONSON ROAD

PATUXENT RIVER MD 20670

N00019 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODE CODE

EMAIL: TEL:

N00019-13-R-0060

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION I - CONTRACT CLAUSES

The following have been added by full text:

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or

“browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulation and procedures.

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

The following have been modified:

DOCUMENT TYPE DESCRIPTION DATE PAGES

Exhibit A Contract Data Requirement List v1.0 08 July 2013 71 pages

Exhibit B Contract Data Requirement List v1.0 31 May 2013 22 pages

Exhibit C Contract Data Requirement List 01 May 2013 45 pages

Exhibit D Contract Data Requirement List 01 May 2013 7 pages

Exhibit E Contract Data Requirement List 01 May 2013 1 page

Exhibit F Contract Data Requirement List 01 May 2013 1 page

Exhibit G Contract Data Requirement List v1.0 31 May 2013 19 pages

Exhibit H Contract Data Requirement List 01 May 2013 2 pages

Exhibit AA Contract Data Requirement List v2.0 08 July 2013 69 pages

Exhibit BB Contract Data Requirement List v1.0 08 July 2013 8 pages

Exhibit CC Contract Data Requirement List 01 May 2013 12 pages

Exhibit DD Contract Data Requirement List Reserved Reserved

Exhibit EE Contract Data Requirement List 01 May 2013 1 page

Exhibit FF Contract Data Requirement List 01 May 2013 1 page

Attachment 1

Engineering and Manufacturing Development

(EMD) Statement of Work for the Presidential

Helicopter Replacement Program (VXX) v2.0

18 June 2013 137 pages

DOCUMENT TYPE DESCRIPTION DATE PAGES

Attachment 2

Performance Based Specification (PBS) for the Presidential Helicopter Replacement

Program (VXX) to Conduct Presidential

Support Missions Rev2

13 June 2013 Unclassified – 153 pages

Classified – 26 pages

Attachment 3

Production Statement of Work for the

Presidential Helicopter Replacement Program

(VXX) v3.0

01 July 2013 34 pages

Attachment 4 VXX Government Furnished Information List v3.0 08 July 2013 4 pages

Attachment 5 VXX Government Furnished

Equipment/Property List v2.0 18 June 2013 4 pages

Attachment 6 VXX Production Spares List To be submitted by

Offerors

TBP

Attachment 7 VXX Production Support Equipment List To be submitted by

Offerors

TBP

Attachment 8 Cost and Software Data Reporting Plans 17 Jan 2013 8 pages

Attachment 9 DD Form 254 (N00019-13-R-0060) 03 May 2013 14 pages

Attachment 10 Small Business Subcontracting Plan To be submitted by

Offerors

TBP

Attachment 11 Contractor Data Rights Assertion List To be submitted by

Offerors

TBP

Attachment 12 Commercial Warranties List To be submitted by

Offerors

TBP

Attachment 13 Addendum to End User License Agreement v1.0

To be submitted by

Offerors

TBP

Attachment 14 Variation in Quantity Option Pricing Matrix To be submitted by

Offerors

TBP

Attachment 15 Classified Statement of Work See Classified SOW See Classified

SOW

Attachment 16 VXX System Repair of Repairables To be submitted by

Offerors

TBP

Attachment 17 VXX System Spares To be submitted by

Offerors

TBP

(End of Summary of Changes)