15R6262_Amendment_0002_29_Sep_15.pdf

N0002412NR94153

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

SEE ATTACHED PAGES

1. CONTRACT ID CODE PAGE OF PAGES

V 1 5

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

16C. DATE SIGNED

BY 29-Sep-2015

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 N00024-15-R-6262

X 9B. DATED (SEE ITEM 11)

04-Aug-2015

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, 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 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

29-Sep-2015

CODE

NAVAL SEA SYSTEMS COMMAND

STOP 2060 1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376

N00024 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N00024-15-R-6262

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

The purpose of this Amendment 0002 to solicitation N00024-15-R-6262 are to:

1. Under SECTION C, DESCRIPTIONS AND SPECIFICATIONS, clause HQ C-2-0026 FIRST ARTICLE (CONTRACTOR TESTING) (NAVSEA) (SEP 1990) has been deleted and the updated version is hereby incorporated as HQ C-2-0026 FIRST ARTICLE (CONTRACTOR TESTING) (NAVSEA) (APR 2015).

2. Under SECTION L-3 SPECIFIC INFORMATION FOR PREPARATION OF PROPOSAL, under Volume I: Technical/Management Proposal Summaries, #1.6 Data Rights (Sub-factor), the last sentence in paragragh one which stated “The Data also includes all data relating to commercial items or commercial computer software (hereinafter Commercial Data) used, generated, and delivered in performance of this contract” has been deleted.

Accordingly, this amendment is modified as follows:

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been deleted:

HQ C-2-0026 FIRST ARTICLE (CONTRACTOR TESTING) (NAVSEA) (SEP 1990) MAR 2003

The following have been added by full text:

HQ C-2-0026 FIRST ARTICLE (CONTRACTOR TESTING) (NAVSEA) (APR 2015)

(a) For the purpose of this contract, the "First Article" is synonymous with the terms "preproduction model(s) and "preproduction equipment".

(b) The First Article shall conform in every respect to the requirements of this contract and shall be fully tested by the Contractor to determine compliance with said requirements. The production equipment shall be manufactured with tools, material and methods that are the same as or representative of the tools, material and methods that were used to manufacture the First Article.

(c) Pursuant to paragraph (e) of the clause entitled "FIRST ARTICLE APPROVAL--CONTRACTOR TESTING" (FAR 52.209-3), the First Article shall not be delivered as part of the production quantity.*

SECTION L-3 SPECIFIC INFORMATION FOR PREPARATION OF PROPOSAL

1.6 Data Rights (Sub-factor)

The A-RCI Sonar System program, which the OMS system is an integral part of, requires that the Contractors proposed solution support the “Open Source Initiative / Open Systems Architecture” (See SOW Section 3.1.2.2) to enable third party applications and allow for the efficient integration of improvements with the Submarine Acoustic Systems. In order to enable the OMS system to fully function within the A-RCI paradigm, the Government desires Government Purpose Rights (GPR) in all Data (Data includes Technical Data, Computer Software and Computer Software Documentation as defined in DFARS 252.227-7013 "Rights in Technical Data Noncommercial Items”

(March 2011) and/or DFARS 252.227-7014 "Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation" (March 2011) as applicable) used or generated in performance of this contract.

The Offeror shall propose the extent to which the rights in technical data (TD), computer software (CS), computer software documentation (CSD), and inventions/patents offered to the Government ensure unimpeded, innovative, and cost effective production, operation, maintenance, and upgrade of the OMS system throughout its life cycle;

allow for open and competitive procurement of OMS system enhancements; and permit the transfer of the OMS system executable code, object code, and source code to other contractors for use on other systems or platforms.

The Offeror shall describe its plan for making design and interface information available as soon as possible after it is defined or established. The Offeror shall establish and maintain a process that will provide “early and often” design disclosure directly to the Government or to third-party contractors via Government-established access (e.g., the Naval Sea Systems Command Software/Hardware Asset Reuse Enterprise (SHARE) library or other Navy and Marine Corps repository/library resources) to in-process design documentation and computer software. Access to this information shall be supported using industry standards and at minimal cost to the Government. The exchange of information shall be structured so as to protect the Offeror’s and third-party developers’ proprietary information.

The Offeror shall address how it intends to resolve any comments from the Government and third-party contractors.

The Offeror shall describe how it intends to provide all licenses, executable code, object code, source code, drawings, repair and engineering documentation to the Government and third-party contractors at specified key events or at defined intervals.

Offerors whose proposed solution does not provide GPR are required to (1) demonstrate how the system is fully functionally integrated and tested with the A-RCI Sonar System and (2) describe the Offeror’s approach to be used to support the A-RCI Sonar System integration to enable third party applications and allow for the efficient integration of improvements with the Submarine Acoustic Systems.

The Data Rights and Patent Rights offered shall be provided as attachments to the proposal. The Offeror shall cite specific examples of the Government's Intellectual Property Rights (IPR) that illustrate the tenets of the offer, including an overview of the information provided in the following required attachments, as well as a discussion of how the information contained in the attachments impacts or illustrates the tenets of the proposal:

The Offeror shall provide the following information as attachments to its offer: (Note: These attachments are not included in the Technical Volume page count.)

a. Rights in Noncommercial TD, Noncommercial CS, and Noncommercial CSD.

i. The 7017 List. The Offeror shall attach to its offer a list identifying all noncommercial TD, CS, and CSD that it asserts should be delivered with other than unlimited rights. Specific instructions and requirements concerning this list are set forth in the DFARS 252.227-7017 “Identification and Assertion of Use, Release, or Disclosure Restrictions” (JAN 2011) provision incorporated at Section K of this solicitation. If the Offeror is awarded a contract, the 7017 List shall be attached to the contract.

ii. The 7028 List. The Offeror shall attach to its offer a list identifying all noncommercial TD, CS, and CSD that it intends to deliver with other than unlimited rights and that are identical or substantially similar to TD, CS, or CSD that the Offeror has delivered to, or is obligated to deliver to, the Government under any contract or subcontract. Specific instructions and requirements concerning this list are set forth in the DFARS 252.227-7028 “Technical Data or Computer Software Previously Delivered to the Government” (June 1995) provision incorporated at Section K of this solicitation. Additionally, if there is no data or software to be identified in the 7028 list, the Offeror shall submit the list and enter “None” as the body of the list. If the Offeror is awarded a contract, the 7028 List shall be attached to the contract.

iii. Supplemental Information. The Offeror shall attach to its offer a statement, entitled “Supplemental Information—Noncommercial Technical Data, Noncommercial Computer Software, Noncommercial Computer Software Documentation” (the statement) that, for each item of noncommercial TD, CS, or CSD that the Offeror asserts should be delivered with specifically negotiated license rights or other non-standard rights (as discussed at

DFARS 252.227-7013 “Rights in Technical Data – Noncommercial Items” (FEB 2014) and/or DFARS 252.227- 7014 “Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation” (FEB 2014)), sets forth a complete description of all such proposed non-standard restrictions on the Government’s ability to use, modify, release, perform, display, or disclose such TD, CS, or CSD. This information may be provided by referencing any proposed nonstandard license agreement that is attached to the statement. The Offeror shall submit the statement as an attachment to its offer, dated and signed by an official authorized to contractually obligate the Offeror. If there is no information to be included in the statement, the Offeror need not submit the statement. If the Offeror is awarded a contract, any statement provided will be attached to the contract.

b. Rights in Commercial TD, Commercial CS, and Commercial CSD.

i. The Offeror shall attach to its offer a list, entitled “Commercial Technical Data, Commercial Computer Software, and Commercial Computer Software Documentation-Government Use Restrictions” (the Commercial Restrictions List), that provides the following information regarding all commercial TD, CS, and CSD that the Offeror (including its sub-Offerors or suppliers, or potential sub- Offerors or suppliers, at any tier) intends to deliver with other than unlimited rights: (1) identification of the data or software; (2) basis for asserting restrictions, such as licensed products including open source; (3) asserted rights category (e.g. GPR or restricted rights); and (4) name of the entity asserting restrictions. For any item designated as Non-Developmental Item (NDI), the Offeror is requested to provide details of the Agency and level therein that paid for development and the contract number(s) and dates wherein payments were received. For each entry in the list citing an asserted rights category other than the standard license rights applicable to commercial TD as set forth in the DFARS 252.227-7015 “Technical Data – Commercial Items” (FEB 2014) clause, the Offeror shall provide a complete description of the asserted rights (e.g., a specially negotiated license, open source, or the license customarily offered to the public); this information may be provided by referencing any proposed non-standard or commercial license agreement that is attached to the list, but in all cases, the non-standard or commercial license will be attached for Government review. The Offeror shall submit the Commercial Restrictions List as an attachment to its offer, dated and signed by an official authorized to contractually obligate the Offeror. If there is no information to be included in the Commercial Restrictions List, the Offeror shall submit the list and enter “None” as the body of the list. If the Offeror is awarded a contract, the Commercial Restrictions List shall be attached to the contract.

ii. The Offeror shall attach to its offer a list, entitled “Commercial-Off-the-Shelf (COTS) Licenses – Identification and Licensing” (the COTS List), providing information concerning all COTS licenses for which it intends to pay license fees and the amount of the fees in order to perform under the contract. The Offeror shall submit the COTS List as an attachment to its offer, dated and signed by an official authorized to contractually obligate the Offeror. The Offeror’s COTS list shall also include a statement explaining how the COTS will be used in the system. If there is no information to be included in the COTS List, the Offeror shall submit the list and enter “None” as the body of the list. If the Offeror is awarded a contract, the COTS List shall be attached to the contract.

c. Rights in Background Inventions.

i. The Offeror shall attach to its offer a list, entitled “Background Inventions—Identification and Licensing” (the BIIL List), providing information concerning all background inventions. A “background invention” is any invention, other than a subject invention, that is covered by any patent or pending patent application in which the Offeror (including its sub-Offerors or suppliers, or potential sub-Offerors or suppliers, at any tier) (1) has any right, title, or interest; and (2) proposes to incorporate into any items, components, or processes (ICP) to be developed or delivered, or that will be described or disclosed in any TD, CS, or CSD to be developed or delivered, under the resulting contract. For each background invention, the BIIL List shall identify (1) the invention, by serial number, title, and date of the patent application or issued patent; (2) the ICP, TD, CS, and CSD that will incorporate or disclose the invention; (3) the nature of the Offeror's right, title, or interest in the invention; and (4) whether the Offeror is willing to sell to the Government a license to practice the invention, and if so, a complete description of the terms of such proposed license. The Offeror shall submit the BIIL List as an attachment to its offer, dated and signed by an official authorized to contractually obligate the Offeror. If there is no information to be included in the BIIL List, the Offeror shall submit the list and enter “None” as the body of the list. If the Offeror is awarded a contract, the BIIL List shall be attached to the contract.

The Offeror shall attach to its offer a list, entitled “Third Party Patent Rights – Identification and Licensing” (the 3PRIL List), providing information concerning all third party patent rights for which it intends to pay royalties and the amount of the royalties in order to perform under the contract. The Offeror shall submit the 3PRIL List as an attachment to its offer, dated and signed by an official authorized to contractually obligate the Offeror. If there is no information to be included in the 3PRIL List, the Offeror shall submit the list and enter “None” as the body of the list. If the Offeror is awarded a contract, the 3PRIL List shall be attached to the contract.

(End of Summary of Changes)