N00024-18-R-6405-0001.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

See continuation pages.

1. CONTRACT ID CODE PAGE OF PAGES

U 1 28

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

16C. DATE SIGNED

BY 30-Mar-2018

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 N0002418R6405

X 9B. DATED (SEE ITEM 11)

02-Mar-2018

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 X 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

30-Mar-2018

CODE

NAVAL SEA SYSTEMS COMMAND (HQ)

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376-2060

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N0002418R6405

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

SUMMARY OF CHANGES1

The purpose of this amendment is to:

1. Provide responses to bidder questions.

2. Extend the proposal due date from 5/2/18 to 5/21/18.

3. Update Section C-1 CLIN Description

4. Update Section C-2 Specific Requirements, Section 2.1 Access to Government Facilities

5. Update clauses HQ E-2-0003, HQ E-2-0014, 52.204-8, 52.222-19, 252.203-7004, 252.219-7003, 252.225-7001, 252.225-7002, 252.225-7012, 252.245-7002, 252.245-

6. Incorporate a revised DD254 (Attachment 5)

7. Add language to Section M, paragraph 3.2 VOLUME II: Factor 5: COST/PRICE

EVALUATION

8. Revise Clause HQ L-2-0005 to reference PMS 404

The solicitation is hereby amended as follows:

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 02-May-2018 12:00 PM to 21-May-

2018 12:00 PM.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

SECTION C-1 CLIN DESCRIPTION

The requirements of the MK54 Array Kit provided in the Technical Data Package (Attachment 1) include both performance specifications in addition to detail specifications at various levels of assembly. Performance specifications take precedence over the design specifications. Compliance with only the detail specifications does not relieve the Contractor from meeting all performance specification requirements. In the event that the contractor's system engineering and design approach following the Performance Specifications necessitates updates to the detail specifications, the Contractor is required to submit necessary changes as described in paragraph

3.3.3.2.1 CHANGES TO & VARIANCES FROM THE CONTRACT BASELINE. Additionally, lower level technical drawings are provided as GFI in Attachment 2. All GFI is for informational purposes only. The

Government does not warrant the ability to build compliant acoustic arrays using the GFI provided. The contractor is fully responsible and provided the design space to develop new or revised element, ceramic ring, and associated drawings, processes, and procedures to make compliant Array Nose Assemblies (ANA) to the top level detail and performance specification requirements. The contractor should not assume that the Government will revise the performance specification to allow non-fully compliant Array Kits to be delivered to the Government.

Item(s) 0001 – MK54 MOD 0 Array Kit, Proof of Manufacture (POM) For the purposes of this CLIN each MK54 MOD 0 Array Kit is comprised of an Array Nose Assembly (ANA) P/N

8418283, a transmitter (TX) Assembly P/N 8418343, and TX mounting hardware (Exhibit E). The Contractor shall perform nonrecurring engineering (NRE) design and redesign, fabricate and/or procure, assemble, test and deliver the MK54 MOD 0 Array Kit Proof of Manufacture (POM) units in the quantities specified herein in accordance with the requirements of the Attachment 1 Technical Data Package (TDP) which includes both performance specifications in addition to detail specifications at various levels of assembly. In particular the CLIN

0001 POM units must comply with the Array Nose Assembly (ANA) performance specification (7109301) and the

Transmitter performance specification (WS22038) in addition to the detail specification requirements. In situations where the detail specification contradicts the performance specification, the Contractor is required to submit necessary changes as described in paragraph 3.3.3.2.1 CHANGES TO & VARIANCES FROM THE

CONTRACT BASELINE.

POM units shall be equivalent to MK54 MOD 0 Array Kit production units procured under CLIN 0002 (0102, 0202, 0302, 0402); however, the POM units will be used for Qualification and Validation Testing purposes only.

Item 0001 will comprise of nine (9) each TXs, nine (9) each ANAs, and nine (9) each TX mounting hardware kits listed in Exhibit E. Element, ceramic ring and associated drawings, omitted from the TDP, and the technical reports and models that can assist in developing new element, ceramic and associated drawings have been provided for informational purposes only as part of the Attachment 2, Government Furnished Information (GFI). The

Contractor is required to update the GFI drawings or provide new drawings for the element, ceramic ring and associated drawings included in Attachment 2 and submit updates to the GFI-provided drawings to reflect the as-built configuration.

For purposes of this contract, the MK54 Array Kit POMs are Government first article units.

Item(s) 0002 and (IF OPTION EXERCISED) 0102, 0202, 0302 and 0402– MK54 MOD 0

Array Kits The MK54 MOD 0 Array Kit shall consist of two Functional Item Replacements (FIRs), the MK54 MOD 0 ANA

(P/N 8418283) and the MK54 MOD 0 TX (8418343), as well as TX mounting hardware (Exhibit E). The

Contractor shall fabricate, and/or procure, assemble, test and deliver the MK54 MOD 0 Array Kits in accordance with the requirements of the Attachment 1 TDP which includes both performance specifications in addition to detail specifications at various levels of assembly. In particular, the CLIN 0001 POM units must comply with the

Array Nose Assembly (ANA) performance specification (7109301) and the Transmitter performance specification

(WS22038) in addition to the detail specification requirements. CLIN 0002 and (IF OPTION EXERCISED) 0102, 0202, 0302 and 0402 units shall be equivalent to MK54 MOD 0 Array Kit POM units procured under CLIN 0001.

Element, ceramic ring and associated drawings, omitted from the technical data package, and technical reports and models that can assist in developing new element, ceramic and associated drawing has been provided for informational purposes only as part of the Attachment 2 GFI.

Applicable to Foreign Military Sales (FMS) units: The Contractor may, in accordance with DFARS 225.7303-2, submit their negotiated offset agreement to the PCO at the time of Letter of Offer and Acceptance (LOA) approval after contract award. With concurrence from PMS 404, the Contracting Officer will review and may approve adjustments to Contract Line Item Number/Sub-Line Item Number (CLIN/SLIN) FMS pricing in accordance with

DFARS 225.7303-2 for which the offset agreement has been negotiated between the Country and the Contractor.

Item(s) 0003 and (IF OPTION EXERCISED) 0103 0203, 0303, and 0403 – Other Direct

Costs The Contractor shall invoice as other direct costs the costs of supplies, materials, subsistence and transportation as authorized by Technical Instruction (TI) in accordance with (IAW) Section H clause 5252.242-9115 TECHNICAL

INSTRUCTIONS (APR 1999), for Engineering Services and Hardware Repair Services that are provided under

CLINs 0004, 0005, 0104, 0105, 0204, 0205, 0304, 0305, 0404 and 0405 in accordance with HQ C-1-0008 Support for Engineering Services (NAVSEA)(JUN 1992).

Item(s) 0004 and (IF OPTION EXERCISED) 0104, 0204, 0304, and 0404 – Engineering

Services and Support

The Contractor shall, subject to Technical Instructions issued in accordance with (IAW) 5252.242-9115

TECHNICAL INSTRUCTIONS (APR 1999), furnish qualified engineers to conduct studies, prototype hardware solutions, provide services, testing and/or analyses of design and/or production related issues for the hardware

CLINs. The engineering services shall be performed within the limits as to place(s) and period(s) specified within the Technical Instructions.

The maximum liability of the Government for each engineering service item shall not exceed the amount set forth in the individual TI. If, at any time, the Contractor has reason to believe that the costs it expects to incur in the performance of each engineering service task in the next succeeding sixty (60) days, when added to all costs previously incurred, will exceed seventy-five percent (75%) of the amount set forth in the TI; or if, at any time, the

Contractor has reason to believe that the costs to the Government for the full performance of each engineering service task will be greater than or substantially less than that set forth in the TI, the Contractor shall notify the

Contracting Officer in writing, giving its revised estimate of the hours and costs for the performance of said task.

The Contractor shall not exceed the obligated amount for each engineering services TI, unless and until such amount has been increased in writing by the Contracting Officer.

Item(s) 0005 and (IF OPTION EXERCISED) 0105, 0205, 0305, and 0405 – Hardware

Repair Services The Contractor shall provide cost-reimbursable hardware repair services for Government Owned hardware under this contract not covered under the manufacturer's or a third-party warranty. The Government will provide to the

Contractor Government-furnished equipment (GFE) (Attachment 3) in need of rework or repair. The Contractor shall provide a cost estimate and schedule for rework or repair and retest to the Government within 15 days of receipt of GFE needing rework or repair. The Government will assess that information and notify the contractor in writing within 10 days as to whether or not the repair is authorized.

The Contractor shall, subject to TI(s) issued by the Government, repair the Government hardware under this contract as specified therein. Prior to the Contractor performing any hardware repair services the Contracting Officer’s designated Contracting Officer’s Representative (COR) will authorize all repairs.

Item(s) (IF OPTION EXERCISED) 0006, 0106, 0206, 0306, and 0406 – Spares If option exercised, the Contractor shall fabricate and/or procure, assemble, test, and deliver the material specified in Exhibit C. Varying quantities of spares may be ordered dependent upon need and quantities ordered in CLINs

0002, 0102, 0202, 0302 and 0402 (if exercised) and shall be based upon per unit pricing set forth in Exhibit C.

Item(s) (IF OPTION EXERCISED) 0007, 0107, 0207, 0307, and 0407 – Production Support

Material If option exercised, the Contractor shall fabricate and/or procure, assemble, test, and deliver the material specified in

Exhibit D. Varying quantities of production support material may be ordered dependent upon need and shall be based upon per unit pricing set forth in Exhibit D.

Item(s) 0008 and (IF OPTION EXERCISED) 0108, 0208, 0308 and 0408 – Warranty on

Supplies If option exercised, the Contractor shall provide a warranty when required for items delivered under CLINs 0002, 0102, 0202, 0302, and 0402 in accordance with the warranty provisions of this contract as specified in Section I.

Item(s) 0009 – MK54 Array Kit Data The data to be furnished hereunder shall be prepared in accordance with the Contract Data Requirements List, DD

Form 1423, and Exhibit A.

Item(s) (IF OPTION EXERCISED) 0010 - Provisioned Items Orders The Contractor shall fabricate and/or procure, assemble, test, and deliver hardware and any associated software and firmware in support of the MK 54 MOD 0 Array Kits in accordance with “HQ C-1-0003 Provisioned Items Orders

(APR 1999)”. Varying quantities of spares may be ordered dependent upon needs.

SECTION C-2 SPECIFIC REQUIREMENTS

2.1 ACCESS TO GOVERNMENT FACILITIES

(a) The Contractor will have access to the Government-owned facilities located at Naval Undersea Warfare Center

(NUWC) Division Newport, Rhode Island; NUWC Division Keyport, Washington; and NUWC Division

Keyport facilities located at Naval Submarine Base Bangor, Washington as required in support of the life-cycle of this procurement including production, testing efforts, troubleshooting, failure analysis, meetings etc. on a not-to- interfere basis.

(b) For utilization of Government facilities, the Contractor shall establish a Test Availability Plan (TAP) (submitted with the Test Plan CDRL A009) with the appropriate Government activity 90 days prior to planned use.

(c) The Government will not be responsible for conflicts, delays, or disruptions to any work performed by the

Contractor due to use of any or all of such property under this contract or any other contracts under which use of such property is authorized.

(d) The Contractor will require access to ‘For Official Use Only’ information.

(e) In performing this contract, the contractor may:

Receive and generate classified material

Fabricate, modify, or store classified hardware

Be authorized to use the services of defense technical information Center (DTIC) or other secondary distribution center

2.2 ACCESS TO CONTRACTOR'S FACILITIES

Without limiting the Government's rights or obligations set forth in this contract, the Contractor specifically agrees as follows:

(a) In addition to the cognizant Government Inspector(s) at the Contractor's plant(s), the Contractor shall permit representatives of Government Contract Laboratories and any Government activities as designated by PMS 404 to have badged access to the Contractor's plant(s) in order to observe and examine the Contractor's performance of this contract on a noninterference basis.

(b) The Contractor shall grant representatives of Advisory and Assistance Services Contractors in direct support of

PMS 404 access to the Contractor's plant(s) with the cognizant Government Inspector for purposes of reviewing and otherwise examining all relevant systems and procedures. The Contractor is responsible for entering into any nondisclosure agreement(s) with the other companies to protect its information from unauthorized use or disclosure.

(c) The Contractor shall flow down this requirement to its subcontractors and shall incorporate into each subcontract a provision which provides for access to the subcontractor plant(s) to the same extent as provided in accordance with paragraphs (a) and (b) above.

(d) Nothing in (a) through (c) above shall be deemed to require the Contractor (or any subcontractor) to grant (or agree to grant) access to any area or documentation requiring Security Clearance unless and until the person seeking such access has provided necessary evidence of an appropriate Security Clearance and demonstrated a

"need-to-know".

2.3 ON-SITE GOVERNMENT REPRESENTATIVE

The Contractor shall permit and provide facilities for up to one permanent on-site representative(s) of the PMS 404 program office, and/or its delegated representative. The Contractor shall provide office space, desks, chairs, tables, file cabinets, interoffice mail service, internet service, internal and external telephone access with FAX, copier access and computer terminal usage. The designated Government representatives shall be given unimpeded access to all Contractor facilities and technical data and information sources involved in MK54 MOD 0 Array Kit design, fabrication, production, and testing. The Contractor-provided space for the Government Representative shall be convenient to the Contractor’s program office space.

Fulfillment of the requirements of this contract, including procurement of material, assembly and test of any product delivered under this contract is the sole responsibility of the Contractor and shall not be performed by the

Government on-site representative(s).

2.4 DIMINISHING MANUFACTURING SOURCES AND MATERIAL SHORTAGES

(DMSMS) / OBSOLESCENCE MANAGEMENT

The Contractor shall be responsible for identification, resolution and implementation of all DMSMS/Obsolescence issues associated with production and delivery of hardware under this contract in accordance with this clause and the Statement of Work.

(a) Definition.

DoD Regulation 4140.1-R defines DMSMS as the loss or impending loss of manufacturers or suppliers of items or raw materials that cause material shortages that endanger a weapon system’s or equipment’s development, production, or post-production support capability.

(b) Scope.

DMSMS/Obsolescence issues and their resolutions shall be prepared and submitted as set forth in paragraph (c) below:

(1) 60 Days After Contract Award (DAC) and throughout performance of this contract the Contractor shall perform a detailed evaluation of all technical data associated with this contract. Such evaluation shall include, but not be limited to, analysis, identification, and recommended corrections for problems associated with DMSMS/Obsolescence.

(2) The Contractor shall provide solutions to identified DMSMS/Obsolescence which assures that all components, assemblies, and parts thereof, can be produced, fabricated, and assembled in accordance with the requirements of the technical data, corrected as required by this clause.

(c) Notification and Relief.

In the event that the Contractor determines under paragraph (b) above that one or more parts involved in the procurement and/or production of any of the requirements contained in this contract are DMSMS as defined in paragraph (a) above, and reflect a positive or negative cost impact that is greater than or equal to five percent (5%) of the cost proposed for the CLIN unit price in the Contractor’s proposal Offeror Fill-In dated Offeror Fill-In, the

Contractor shall (1) stop procurement and/or production activity for such part(s), and (2) provide written notice to the Contracting Officer within fourteen (14) days after discovering the DMSMS/Obsolescence. The notice shall include the following:

(1) The Contractor’s proposal for performance of the requirements of the contract despite the

DMSMS/Obsolescence.

(2) A description of the difference between the existing contractual requirement and the Contractor’s proposal, the comparative advantages and disadvantages of each, a justification when the proposed solution uses an item that has one or more function(s) or characteristic(s) that is different from the

DMSMS/obsolete item, the effect of the change on the end item’s performance, and any pertinent objective test data.

(3) A list and analysis of the contract requirements that must be changed if the Contractor’s proposal is accepted, including any suggested specification revisions.

(4) Identification of the unit to which the change applies.

(5) The Contractor shall submit a separate, detailed cost estimate for the affected portions of the existing contract requirement. The cost impact associated shall take into account the Contractor’s allowable development and implementation costs, including any amount attributable to subcontracts under the

Subcontracts paragraph of this clause.

(6) A description and estimate of costs the Government may incur in implementing the change.

(7) A prediction of any affects the proposed change would have on collateral costs to the agency.

(8) A statement of the time by which a contract modification accepting the change must be issued in order to achieve the maximum cost reduction, noting any effect on the contract completion time or delivery schedule.

(9) Identification of any previous submissions of a proposal to address the DMSMS/Obsolescence issue, including the dates submitted, the agencies and contract numbers involved, and previous Government actions, if known.

(d) Approval/Rejection Requirements.

The Contractor shall notify the Government in writing of OEM or other obsolescence notices within 15 days of receipt or gaining knowledge of an obsolete part, including the last order date. The Government will either approve or reject all DMSMS/Obsolescence proposals by providing written notice to the Contractor within forty-five (45) days after receipt of the notice required by section (c) above by the Contracting Officer. The Government will provide explanation for any rejection. Where the Contracting Officer provides notification of approval, the

Contractor’s obligations relating to such DMSMS/Obsolescence proposal shall be discharged to the extent that the deficiency is corrected. If in the judgment of the Government the incorporation of such approved

DMSMS/obsolescence change does not correct the deficiency, the Contractor shall remain responsible for resubmitting and obtaining acceptance of a proposal to resolve the DMSMS/Obsolescence issue.

(e) Schedule and Cost.

The identification of DMSMS/Obsolescence issues and the necessary correction thereof shall not automatically constitute a change as identified under the Changes clause identified herein or result in either schedule or cost relief to the Contractor.

(f) DMSMS/Obsolescence Disputes.

Failure of the parties to agree upon any determination of the necessity for, or the designation of, a change to be made under this provision within 90 days after the Government rejection determination cited above in paragraph

(b) shall be a dispute within the meaning of the “Disputes” clause of this contract.

(g) Rights and Remedies.

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

(h) Subcontracts.

The terms and conditions of this clause flow down to all subcontracts at all tiers.

(i) Resolution and Funding.

If any DMSMS/Obsolescence issues arise as a result of a Government issued change, the provisions of FAR 52.243-

1 CHANGES – FIXED-PRICE or 52.243-2 CHANGES – COST REIMBURSEMENT (as applicable) shall be followed.

(j) Production Methods and Processes.

Changes to the TDP deliverable, which are recommended solely to permit performance in accordance with the

Contractor’s or subcontractor’s production methods or processes shall not be submitted under this clause.

Engineering Change Proposals (ECP) shall not be submitted under this clause but shall be submitted in accordance with the ECP requirements of this contract.

(k) Rights in Technical Data.

Any and all data submitted by the Contractor as required under paragraph (c) of this clause, shall be provided to the

Government with rights in accordance with the applicable data rights clauses of this contract.

2.5 CONTRACTOR USE OF COMMERCIAL COMPUTER SOFTWARE, INCLUDING

OPEN SOURCE SOFTWARE

(a) Contractor Use of Commercial Computer Software, including Open Source Software. Open source software is often licensed under terms that require the user to make the user's modifications to the open source software or any software that the user ‘combines’ with the open source software freely available in source code form pursuant to distribution obligations in the license.

(1) The Government accepts the terms of the licenses for the Commercial Computer Software listed in the

Attachment 4 Use of Free and Open Source Software (FOSS) / Commercial Computer Software (CCS) List of this Contract and any associated CCS documentation.

(2) In cases where the Contractor proposes to use open source software while performing under a Government contract, regardless of whether the open source software is delivered, the Contractor shall not: (i) create, or purport to create, any Government distribution obligations with respect to the Government computer software deliverables; or (ii) grant, or purport to grant, to any third party any rights to or immunities under

Government intellectual property or Government data rights to the Government Computer Software deliverables.

(3) In addition to paragraph (a)(2), prior to using any CCS that is not listed in Attachment 4, the Contractor shall additionally evaluate each license for CCS, including open source software, and confirm that each of the following requirements are satisfied:

(i) a license for a particular CCS shall be compatible with all other licenses for other CCS that are or will be linked to, integrated with, or associated with the particular CCS, including when the particular commercial computer software and the other CCS are used with the same computer program;

(ii) a license for CCS shall not impose a Government distribution obligation on computer software linked to, or integrated with, or associated with the commercial computer software;

(iii) a license for CCS shall not impose a future Government distribution obligation that is foreseeable by the Contractor;

(iv) a license for CCS shall not be terminated by the Contractor’s use of the commercial computer software in performing under the contract; and

(v) the Contractor’s cost to comply with this requirement presents no additional cost to the Government.

(4) If, as a result of the Contractor’s evaluation, the Contractor is able to affirmatively make all of the determinations in paragraphs (a)(2) (i) through (a)(3)(v) above, then the Contractor may immediately begin using the CCS. Within thirty days, the Contractor shall notify the contracting officer in writing that the

Contractor has evaluated the CCS use and the CCS license and made each determination required in paragraphs (a)(3)(i) through (a)(3)(v) above. This notification shall also include all information regarding the identification and proposed use(s) of the CCS in the format required by Attachment 4.

(5) If the Contractor is unable to satisfy all of the requirements in paragraphs (a)(2)(i) through (a)(3)(v) above for a particular CCS license, then the Contractor may not use the CCS covered by the particular license without prior approval by the Contracting Officer. The Contractor shall request approval to use the otherwise prohibited subject CCS from the Contracting Officer by providing a written notification in the format provided in Attachment 4, addressing (i) the name and version number of the software; (ii) the name of the applicable license(s); (iii) a brief description of the technical use and implementing approach; (iv) a

“yes/no” indication of whether the Contractor has made, or will make, any modifications to the source code;

(v) the software website; and in addition (vi) an identification of the reason(s) that the Contractor was unable to make the determinations in paragraphs (a)(2)(i) through (a)(3)(v) above. The Contractor shall attach a copy of the subject CCS license to its request.

(b) The Contracting Officer will incorporate CCS for which the necessary determinations are made by the

Contractor, or which are otherwise approved by the Contracting Officer, into Attachment 4 by modification to the contract.

(c) Open source software meets the definition of “commercial computer software” in accordance with DFARS

252.227- 7014 and DoD CIO memorandum dated October 16, 2009.

2.6 GOVERNMENT FURNISHED PROPERTY MANAGEMENT

The Contractor shall manage all Government Furnished Property (GFP) in accordance with FAR 52.245-1. The

Contractor shall provide accountability, security and storage for the GFP provided. The Contractor shall inspect and inventory all GFP received and identify and report any discrepancies/ and deficiencies.

2.7 WORK FOR PRIVATE PARTY AGREEMENTS

The Contractor may enter into Work For Private Party Agreements (WFPPAs) with Government test facilities to support the requirements identified in this contract. WFPPAs are separate contractual instruments. The Government shall not be responsible for conflicts, delays, or disruptions to any work required under this contract related to the

WFPPAs.

SECTION E - INSPECTION AND ACCEPTANCE

The following included by full text have been revised:

HQ E-2-0003 CALIBRATION SYSTEM REQUIREMENTS (NAVSEA) (APR 2015)

Calibration System Requirements. The calibration of measuring and testing equipment shall, as a minimum, adhere to the requirements of ANSI/NCSL Z540.3-2006.

HQ E-2-0014 QUALITY IN SOFTWARE DEVELOPMENT AND PRODUCTION (NAVSEA) (MAY 1995)

Quality in Software Development and Production: The contractor's software quality program shall be an integral part of the overall Quality Assurance Program. Software quality program controls shall be applicable to all project software that is developed, maintained, or modified within the following categories:

(a) All deliverable software

(b) All deliverable software that is included as part of deliverable hardware or firmware.

(c) Non deliverable software (commercially available or user-developed) used for development, fabrication, testing, or acceptance of deliverable software or hardware (includes automated fabrication, test, and inspection/acceptance equipment software and software design, test, and inspection tools).

(d) Commercially available, reusable, or Government software designated as part of a deliverable item.

SECTION I - CONTRACT CLAUSES

The following included by reference have been revised:

52.222-19 Child Labor –Cooperation with Authority and Remedies JAN 2018

252.203-7004 Display of Hotline Posters OCT 2016

252.219-7003 (Dev) Small Business Subcontracting Plan (DOD Contracts)—

Basic (Deviation 2018-O0007)

DEC 2017

252.225-7001 Buy American And Balance Of Payments Program – Basic

(Dec 2017)

DEC 2017

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017

252.225-7012 Preference for Certain Domestic Commodities DEC 2017

252.245-7002 Reporting Loss of Government Property DEC 2017

252.245-7004 Reporting, Reutilization, and Disposal DEC 2017

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 334511.

(2) The small business size standard is 1,250.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at

52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased

Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and

III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-

5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

X (i) 52.204-17, Ownership or Control of Offeror.

X (ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-

Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

X (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision) https://www.acquisition.gov/

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

HQ L-2-0005 NOTIFICATION OF POTENTIAL ORGANIZATIONAL CONFLICT(S) OF INTEREST

(NAVSEA) (JUN 1994)

(a) Offerors are reminded that certain existing contractual arrangements may preclude, restrict or limit participation, in whole or in part, as either a subcontractor or as a prime contractor under this competitive procurement. Of primary concern are those contractual arrangements in which the Offeror provides support to PMS 404, or related laboratories (if applicable), in support of operation of the office or any of its programs. General guidance may be found in FAR 9.505; however, this guidance is not all inclusive. The Offeror's attention is directed to the

"Organizational Conflict of Interest" (or similar) requirement which may be contained in current or completed contract(s) which prohibits the prime or subcontractor from providing certain supplies or services to the Government as described above during the period of the current "support" contract(s) or for a period after completion of the

"support" contract(s). Notwithstanding the existence or non-existence of an Organizational Conflict of Interest

(OCI) clause or similar requirement in current or completed contract(s), the offeror shall comply with FAR 9.5 and identify whether an OCI exists and not rely solely on the presence of an OCI requirement.

(b) If a potential conflict of interest exists at any tier, each potential prime offeror is requested to notify the

Contracting Officer within 14 days of the date of this solicitation. The Offeror shall provide: (1) the contract number and name and phone number of the Contracting Officer for the contract which gives rise to a potential organizational conflict of interest; (2) a copy of the requirement; (3) the statement of work (or technical instruction) from the existing contract; (4) a brief description of the type of work to be performed by each subcontractor under the competitive procurement; and (5) any additional information the Contracting Officer should consider in making a determination of whether a conflict of interest exists. The Government may independently verify the information received from the offeror. Notwithstanding the above, the Government reserves the right to determine whether a conflict of interest exists based on any information received from any source.

(c) The Government will notify an offeror of any conflict of interest within 14 days of receipt of all required information. Those offerors deemed to have a conflict of interest may be ineligible for award. Failure to provide the information in a timely manner does not waive the Government's rights to make a conflict of interest determination. The offeror is notified that if it expends time and money on proposal preparation, such expenditure is at its own risk that the Government will not determine that an organizational conflict of interest exists.

(d) Any potential prime contractor which proposes a subcontractor later determined to have a conflict of interest and deemed ineligible to participate in the current competition, may not be granted the opportunity to revise its proposal to remove the ineligible subcontractor. The Government reserves the right to determine which offerors remain in the competitive range through the normal source selection process.

(e) If the offeror determines that a potential organizational conflict of interest does not exist at any tier, the offeror shall include a statement to that effect in its response to this solicitation.

SECTION M - EVALUATION FACTORS FOR AWARD

1. BASIS FOR AWARD

The contract will be awarded in accordance with Federal Acquisition Regulation (FAR) 52.215-1. The

Government intends to make one award under this solicitation which will be made to the responsible, responsive

Offeror who represents the best overall value to the Government, considering the factors identified below. In making its best value determination, the Government considers the non-price factors (Volume I of the proposal), to be significantly more important than price (Volume II of the proposal). However, the significance of price as an evaluation factor will increase with the degree of equality in the overall technical merit of proposals. The

Government reserves the right to award the contract to the Offeror with the higher total evaluated price; if a higher technical rating and/or past performance assessment would yield the best value to the Government.

The contract will be awarded to a responsible Offeror who has been granted a SECRET facility security clearance by a military department and whose offer, conforming to the solicitation, represents the best value to the

Government, price and other factors considered. “Other factors” shall include all of those evaluation factors that are described in this Section M.

The offers must be both realistic in technical approach and reasonable in the total evaluated price. Offers that are unrealistic in terms of technical approach or are unrealistically low in price for CPFF CLINs, may indicate a lack of understanding of the complexity and risk associated with the contract requirements. Unrealistic offers may not be considered for award. The ability of the Offeror to perform all aspects of the anticipated contract from inception to completion will be considered as part of the overall “cost realism” evaluation for Cost and CPFF items and “price reasonableness” for FFP and FPI items.

Pursuant to FAR 52.215-1(f), Instructions to Offerors-Competitive Acquisition (Jan 2017), the Government intends to evaluate proposals and award the contract without discussions. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

The Government will review the information required by Section L to determine if the Offeror has met the minimum submission requirements. No award will be made to an Offeror that fails to submit required documents.

Offers submitted on a basis other than Free on Board (F.O.B.) Origin shall be rejected as non-responsive.

Proposals will be evaluated on how well the proposals meet or exceed the requirements of the solicitation based on the Factors set forth below. It is the Offeror’s responsibility to provide information that clearly demonstrates its ability to satisfactorily respond to the solicitation requirements and the factors listed below.

Each factor will be evaluated on a stand-alone basis; however, information contained in one factor of the proposal may be used to assist the Government in evaluating other factors of the proposal.

In accordance with FAR 52.217-5, except when it is determined in accordance with FAR 17.206(b) not to be in the

Government’s best interest, the evaluated price will include options; however, the evaluation of options does not in any way obligate the Government to exercise any option.

2. EXPLANATION OF RATINGS

2.1 Definitions

Strengths, weaknesses, and deficiencies may be identified for any portion of an Offeror’s proposal.

Deficiency is a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

Strength is an aspect of an Offeror’s proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

Weakness means a flaw in the proposal that increases the risk of unsuccessful contract performance.

Risk, as it pertains to source selection, is the potential for unsuccessful contract performance. The consideration of risk assesses the degree to which an Offeror’s proposed approach to achieving the technical factor may involve risk of disruption of schedule, increased cost or degradation of performance, the need for increased Government oversight, and the likelihood of unsuccessful contract performance.

Performance Confidence Assessment is an evaluation of the likelihood (or Government’s confidence) that the offeror will successfully perform the solicitation’s requirements; the evaluation is based upon past performance information.

Recency, as it pertains to past performance information, is a measure of the time that has elapsed since the past performance reference occurred. Recency is generally expressed as a time period during which past performance references are considered relevant.

Relevancy, as it pertains to past performance information, is a measure of the extent of similarity between the service/support effort, complexity, dollar value, contract type, and subcontract/teaming or other comparable attributes of past performance examples and the solicitation requirements; and a measure of the likelihood that the past performance is an indicator of…