N0002422R5325 Amendment 0002.pdf

N0002421NR43302

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 amendment is to:

1. Change SLIN 0132AB to an option SLIN.

2. Add clause 252.219-7004; Delete clause 52.232-16 ALT III and replace w ith 52.232-16 DEV.

3. Update Exhibit A-B to update Block 4 on CDRLs A005 and A019 and remove instructions from Block 9 on every CDRL.

4. Update Solicitation Attachment J-S3 to correct the number of hours for CLIN 0014.

5. Update Attachment 1, SOW, 3.1 and 4.2, and Attachment 10, GFP list, to remove all references to the Spectrum 9100 test equipment.

6. Update Attachment 1, SOW, 4.0 to reference NAVSEA Parts PL8652163.

7. Update Attachment 5, PRR, to correct typos in the headers.

8. Update Attachment 10, GFP list, to change the "USE-AS-IS" column from "true" to "false".

9. Update Attachment 17, Step Ladder Pricing, to clarify how column H is calculated.

10. Update Section L, 2.3, to remove the limit on foldout pages for the price volume.

11. Replace original clause L-209-H009 w ith an updated version of the same clause..

1. CONTRACT ID CODE PAGE OF PAGES

U 1 23

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

16C. DATE SIGNED

BY 12-Apr-2022

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 N0002422R5325

X 9B. DATED (SEE ITEM 11)

18-Mar-2022

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

12-Apr-2022

CODE

NAVAL SEA SYSTEMS COMMAND (HQ)

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376-2030

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N0002422R5325

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

SUBCLIN 0132AB

The option status has changed from No Status to Option.

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

252.219-7004 Small Business Subcontracting Plan (Test Program) MAY 2019

The following have been added by full text:

52.232-16 PROGRESS PAYMENTS (NOV 2021) (DEVIATION 2020-O0010)

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:

(a) Computation of amounts.

(1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 90 percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under Federal Acquisition Regulation (FAR) 31.205-10 as an incurred cost for progress payment purposes.

(2) The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors—

(i) In accordance with the terms and conditions of a subcontract or invoice; and

(ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.

(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless-

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).

(4) The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause:

(i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.

(ii) Costs incurred by subcontractors or suppliers.

(iii) Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of such costs.

(iv) Payments made or amounts payable to subcontractors or suppliers, except for-

(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and

(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.

(5) The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including allowable unliquidated progress payments to subcontractors) nor (ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the Government are incomplete.

(6) The total amount of progress payments shall not exceed 90 percent of the total contract price.

(7) If a progress payment or the unliquidated progress payments exceed the amounts permitted by subparagraphs (a)(4) or (a)(5) above, the Contractor shall repay the amount of such excess to the Government on demand.

(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The Contracting Officer may make exceptions.

(9) The costs applicable to items delivered, invoiced, and accepted shall not include costs in excess of the contract price of the items.

(b) Liquidation. Except as provided in the Termination for Convenience of the Government clause, all progress payments shall be liquidated by deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 90 percent of the amount invoiced, whichever is less. The Contractor shall repay to the Government any amounts required by a retroactive price reduction, after computing liquidations and payments on past invoices at the reduced prices and adjusting the unliquidated progress payments accordingly. The Government reserves the right to unilaterally change from the ordinary liquidation rate to an alternate rate when deemed appropriate for proper contract financing.

(c) Reduction or suspension. The Contracting Officer may reduce or suspend progress payments, increase the rate of liquidation, or take a combination of these actions, after finding on substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (f) and (g) below).

(2) Performance of this contract is endangered by the Contractor's (i) failure to make progress or (ii) unsatisfactory financial condition.

(3) Inventory allocated to this contract substantially exceeds reasonable requirements.

(4) The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of business.

(5) The fair value of the undelivered work is less than the amount of unliquidated progress payments for that work.

(6) The Contractor is realizing less profit than that reflected in the establishment of any alternate liquidation rate in paragraph (b) above, and that rate is less than the progress payment rate stated in subparagraph (a)(1) above.

(d) Title.

(1) Title to the property described in this paragraph (d) shall vest in the Government. Vestiture shall be immediately upon the date of this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

(2) Property, as used in this clause, includes all of the below-described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices.

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, and other similar manufacturing aids, title to which would not be obtained as special tooling under subparagraph (ii) above;

and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract, e.g., the termination clauses, shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract without requesting the Contracting Officer's approval, but the proceeds shall be credited against the costs of performance.

(5) To acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor must obtain the Contracting Officer's advance approval of the action and the terms. The Contractor shall

(i) exclude the allocable costs of the property from the costs of contract performance, and (ii) repay to the

Government any amount of unliquidated progress payments allocable to the property. Repayment may be by cash or credit memorandum.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all progress payments, title shall vest in the Contractor for all property (or the proceeds thereof) not—

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.

(e) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. The Contractor shall repay the Government an amount equal to the unliquidated progress payments that are based on costs allocable to property that is lost (see 45.101).

(f) Control of costs and property. The Contractor shall maintain an accounting system and controls adequate for the proper administration of this clause.

(g) Reports, forms, and access to records.

(1) The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information (including estimates to complete) reasonably requested by the Contracting Officer for the administration of this clause. Also, the Contractor shall give the Government reasonable opportunity to examine and verify the Contractor's books, records, and accounts.

(2) The Contractor shall furnish estimates to complete that have been developed or updated within six months of the date of the progress payment request. The estimates to complete shall represent the Contractor's best estimate of total costs to complete all remaining contract work required under the contract. The estimates shall include sufficient detail to permit Government verification.

(3) Each Contractor request for progress payment shall:

(i) Be submitted on Standard Form 1443, Contractor's Request for Progress Payment, or the electronic equivalent as required by agency regulations, in accordance with the form instructions and the contract terms; and

(ii) Include any additional supporting documentation requested by the Contracting Officer.

(h) Special terms regarding default. If this contract is terminated under the Default clause, (i) the Contractor shall, on demand, repay to the Government the amount of unliquidated progress payments, and (ii) title shall vest in the Contractor, on full liquidation of progress payments, for all property for which the Government elects not to require delivery under the Default clause. The Government shall be liable for no payment except as provided by the Default clause.

(i) Reservations of rights.

(1) No payment or vesting of title under this clause shall (i) excuse the Contractor from performance of obligations under this contract or (ii) constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause (i) shall not be exclusive but rather shall be in addition to any other rights and remedies provided by law or this contract and (ii) shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(j) Financing payments to subcontractors. The financing payments to subcontractors mentioned in paragraphs (a)(1) and (a)(2) of this clause shall be all financing payments to subcontractors or divisions, if the following conditions are met:

(1) The amounts included are limited to—

(i) The unliquidated remainder of financing payments made; plus

(ii) Any unpaid subcontractor requests for financing payments.

(2) The subcontract or interdivisional order is expected to involve a minimum of approximately 6 months between the beginning of work and the first delivery; or, if the subcontractor is a small business concern, 4 months.

(3) If the financing payments are in the form of progress payments, the terms of the subcontract or interdivisional order concerning progress payments—

(i) Are substantially similar to the terms of this clause for any subcontractor that is a large business concern, or this clause with its Alternate I for any subcontractor that is a small business concern;

(ii) Are at least as favorable to the Government as the terms of this clause;

(iii) Are not more favorable to the subcontractor or division than the terms of this clause are to the Contractor;

(iv) Are in conformance with the requirements of FAR 32.504(e); and

(v) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if—

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(4) If the financing payments are in the form of performance-based payments, the terms of the subcontract or interdivisional order concerning payments—

(i) Are substantially similar to the Performance-Based Payments clause at FAR 52.232-32 and meet the criteria for, and definition of, performance-based payments in FAR Part 32;

(ii) Are in conformance with the requirements of FAR 32.504(f); and

(iii) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if—

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(5) If the financing payments are in the form of commercial product or commercial service financing payments, the terms of the subcontract or interdivisional order concerning payments—

(i) Are constructed in accordance with FAR 32.206(c) and included in a subcontract for a commercial product or commercial service purchase that meets the definition and standards for acquisition of commercial products and commercial services in FAR parts 2 and 12;

(ii) Are in conformance with the requirements of FAR 32.504(g); and

(iii) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if—

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(6) If financing is in the form of progress payments, the progress payment rate in the subcontract is the customary rate used by the contracting agency, depending on whether the subcontractor is or is not a small business concern.

(7) Concerning any proceeds received by the Government for property to which title has vested in the Government under the subcontract terms, the parties agree that the proceeds shall be applied to reducing any unliquidated financing payments by the Government to the Contractor under this contract.

(8) If no unliquidated financing payments to the Contractor remain, but there are unliquidated financing payments that the Contractor has made to any subcontractor, the Contractor shall be subrogated to all the rights the Government obtained through the terms required by this clause to be in any subcontract, as if all such rights had been assigned and transferred to the Contractor.

(9) To facilitate small business participation in subcontracting under this contract, the Contractor shall provide financing payments to small business concerns, in conformity with the standards for customary contract financing payments stated in FAR 32.113. The Contractor shall not consider the need for such financing payments as a handicap or adverse factor in the award of subcontracts.

(k) Limitations on undefinitized contract actions. Notwithstanding any other progress payment provisions in this contract, progress payments may not exceed 80 percent of costs incurred on work accomplished under undefinitized contract actions. A contract action is any action resulting in a contract, as defined in subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes. This limitation shall apply to the costs incurred, as computed in accordance with paragraph (a) of this clause, and shall remain in effect until the contract action is definitized. Costs incurred which are subject to this limitation shall be segregated on Contractor progress payment requests and invoices from those costs eligible for higher progress payment rates. For purposes of progress payment liquidation, as described in paragraph (b) of this clause, progress payments for undefinitized contract actions shall be liquidated at 80 percent of the amount invoiced for work performed under the undefinitized contract action as long as the contract action remains undefinitized. The amount of unliquidated progress payments for undefinitized contract actions shall not exceed 80 percent of the maximum liability of the Government under the undefinitized contract action or such lower limit specified elsewhere in the contract. Separate limits may be specified for separate actions.

(l) Due date. The designated payment office will make progress payments on the 30th day after the designated billing office receives a proper progress payment request. In the event that the Government requires an audit or other review of a specific progress payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date. Progress payments are considered contract financing and are not subject to the interest penalty provisions of the Prompt Payment Act.

(m) Progress payments under indefinite-delivery contracts. The Contractor shall account for and submit progress payment requests under individual orders as if the order constituted a separate contract, unless otherwise specified in this contract.

(End of clause)

The following have been deleted:

52.232-16 Alt II Progress Payments (NOV 2021) Alternate II APR 2003

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

The following have been modified:

SECTION J

The following document(s), exhibit(s), and other attachment(s) form a part of this contract:

Exhibits A-B, rev 1 12 APRIL 2022, Contract Data Requirements List, DD Form 1423, 43 pages

List of Solicitation Attachments:

J-S1 Terms of Use Agreement J-S2 Question Submittal Form J-S3* CLIN Pricing, rev 1 12 APRIL 2022 J-S4 CDRL Price Group J-S5 Press Release Information Form J-S6 CLIN Matrix (for informational purposes)

*J-S3 is for informational purposes only and section B pricing prevails.

List of Attachments:

1. Statement of Work Vertical Launching System, rev 2 12 APRIL 2022, 31 pages, and Appendices A - B

Appendixes:

A. Parts List, Excel file B. Module, Deck & Hatch, Ancillary Cable Sets, Excel file

2. VLS Technical Data Package (TDP) and associated drawings (DVD)

3. SLS98-1 VLS Test Assessment Plan, 12 pages

4. Configuration Management Plan for the MK 41 Vertical Launch System, Vol. 1 Equipment (Hardware) Configuration Management, 109 pages

5. Production Readiness Review Plan, rev 1 12 APRIL 2022, 18 pages

6. Instruction for Contractor Registration Access for VLS Interface Control Documents and

Corporate Data Management System Registration, 1 page

7. [Reserved]

8. MK 41 VLS MODs 0/2/7/15 Technical Manual, SW394--AF--MMO--010/VLS Revision

4, and associated Maintenance Requirement Cards (DVD)

9. MK 41 Vertical Launching System Packaging and Transportation Plan, 56 pages

10. Government Furnished Property, rev 1 12 APRIL 2022

11. Make or Buy Program (Offeror to propose), TBD pages

12. Small Business Subcontracting Plan (Offeror to propose), TBD pages

13. Government Furnished Information, 18 pages

(Procedures & Models will be provided with TDP) These procedures are provided for informational purposes only. Specific adherence to these procedures is not required. Further, the Contractor’s specific adherence to these procedures does not relieve the Contractor from delivering the final end product(s) as specified in the contract.

14. MK 41 VLS Indentured Breakdown List, 3288 pages

15. Cost and Software Data Reporting Plan, TBD pages

16. MK 41 VLS Resource Distribution Table (RDT)

17. Option Item Stepladder Price, rev 1 12 APRIL 2022, Excel file (Offeror to propose)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been added by full text:

L-209-H009 NOTIFICATION OF POTENTIAL ORGANIZATIONAL OR PERSONAL CONFLICT(S) OF

INTEREST (NAVSEA) (APR 2022)

(a) Offerors are reminded that certain existing contractual arrangements may preclude, restrict or limit participation, in whole or in part, either as 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 Program Executive Office Integrated Warfare System 3.0 (PEO IWS 3.0), 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" (OCI) 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 OCI or similar requirement in current or completed contract(s), the Offeror shall comply with FAR subpart 9.5 and identify whether an OCI exists and not rely solely on the presence of an OCI or similar requirement.

(b) Offerors also are reminded that certain potential conflicts of interest may arise where an Offeror has unequal access to nonpublic information about a competitor that may provide the Offeror with an unfair competitive advantage and preclude, restrict or limit participation, in whole or in part, either of the individual, subcontractor or prime contractor under this competitive procurement. For example, a potential conflict may arise if former Department of Navy employee(s), subcontractors, or teaming partners of the Offeror may have gained access to nonpublic information about a competitor through participation in previous or ongoing performance or during the solicitation development/source selection process associated with this competitive procurement, and then participates in the formation of the Offeror’s proposal. Other potential conflicts of interest may arise where either the former Department of Navy employee(s), subcontractors, or teaming partners of the Offeror under this competitive procurement set the ground rules for competition; for example, by drafting specifications or assisting in the drafting of the statement of work. General guidance may be found in FAR 3.101 and 9.505; however, this guidance is not all-inclusive.

(c) If an Offeror identifies a potential conflict of interest that exists at any tier, that Offeror is requested to notify the Contracting Officer within 14 days of the date of this solicitation. The Offeror shall provide: (1) the contract or previous source selection’s solicitation number and name and phone number of the Contracting Officer for the contract which gives rise to a potential conflict of interest; (2) a copy of the requirement; (3) the statement of work and technical instruction from the existing contract, as applicable; (4) a brief description of the type of work to be performed by each subcontractor under the competitive procurement; (5) a brief description of the individual’s, subcontractor’s, or teaming partner’s unequal access to nonpublic information about a competitor, which may lead to a conflict of interest in the formation of the Offeror’s proposal, or establishment of ground rules for this competitive procurement, as applicable; (6) an OCI mitigation plan, as applicable; and (7) 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. The requirement to identify potential conflicts of interest as outlined herein continues until contract award. Notwithstanding the above, the Government reserves the right to determine whether a conflict of interest exists based on any information received from any source.

(d) 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 regardless of whether the Government determines a personal or organizational conflict of interest does or does not exist.

(e) Any potential prime contractor which proposes an individual, subcontractor, or teaming partner 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 individual, subcontractor or teaming partner. The Government reserves the right to determine which Offerors remain in the competitive range through the normal source selection process.

(f) If the Offeror determines that a potential organizational and/or personal conflict of interest does not exist at any tier, the Offeror shall include a statement to that effect in its response to this solicitation.

(End of provision)

The following have been modified:

1.0 General Information

For proposal purposes, the estimated date of Award is 31 January 2023. The Government reserves the right to award sooner or later if necessary. The start and end dates, where applicable, will be updated accordingly upon Award.

Each Offeror is required to submit a proposal that is sufficiently detailed and complete to fully demonstrate an understanding of, and compliance with, all of the requirements of the solicitation. Proposals shall contain only material directly related to this acquisition. Offerors shall submit all information required by this solicitation.

Offerors’ proposals shall be based on the requirements contained in this solicitation (including those documents, exhibits, and other attachments to the solicitation identified in Section J). Offerors shall submit a proposal encompassing all of the line items listed in Section B of this solicitation. FAILURE TO FOLLOW THE

INSTRUCTIONS OR CONFORM TO ALL REQUIREMENTS OUTLINED IN THIS SOLICITATION

MAY RESULT IN REJECTION OF THE OFFEROR’S PROPOSAL AND REMOVAL FROM FURTHER

CONSIDERATION FOR AWARD.

Proposals submitted in response to the solicitation must contain a complete description of all pertinent aspects of the effort proposed by the Offeror. Previously submitted data or prior experience presumed to be known to the Government (e.g., previous projects performed for the Government) will not be considered as part of the proposal unless it is explicitly described in the proposal.

General statements such as, “the Offeror understands,” “the Offeror can or will comply with the requirements,” “standard procedures will be used,” “well-known techniques will be used,” or statements which merely paraphrase the solicitation in whole or in part do not constitute compliance with the requirements for proposal content. Data previously submitted, or presumed to be known (e.g., data or services previously submitted or performed for the Government) cannot be considered as part of the proposal unless explicitly incorporated into the proposal.

Discussions of each topic in the proposal shall exhibit continuity and logical progression.

1.1 GOVERNMENT-WIDE POINT OF ENTRY (GPE)

This solicitation will be made available only through the Internet on the SAM website (https://www.sam.gov). From time to time, the Government may post additional information to the SAM website relating to this solicitation (e.g.

responses to questions, solicitation amendments, etc.). It is the responsibility of prospective Offerors to monitor the SAM website for any such information.

1.2 COMMUNICATIONS WITH THE GOVERNMENT

Unless otherwise specified, the Naval Sea Systems Command Procuring Contracting Officer (PCO) and Contract Specialist (CS) are the sole Government points of contact for this acquisition:

Mr. David Chamberlain Procuring Contracting Officer david.s.chamberlain5.civ@us.navy.mil

(202) 781-2598

Mr. Matthew Hubbard Contract Specialist matthew.r.hubbard2.civ@us.navy.mil

(202) 781-4413

1.3 AVAILABILITY OF ATTACHMENTS

Requests for access to the controlled solicitation attachments shall be submitted via email as follows:

TO: Mr. David Chamberlain - david.s.chamberlain5.civ@us.navy.mil CC: Mr. Matthew Hubbard - matthew.r.hubbard2.civ@us.navy.mil

SUBJECT LINE: N00024-22-R-5325 Access Request for (insert name of Offeror)

As electronic attachments to the email request, include the following:

1) Signed copy of the Terms of Use Agreement (TOUA) provided as Attachment J-S1 to this solicitation and a current copy of company’s approved DD Form 2345, Military Critical Technical Data Agreement, verifying eligibility to receive export-controlled information.

Distribution of the controlled solicitation attachments shall be made available in a secure manner to only those Offerors that meet the requirements detailed above and have submitted a signed TOUA (Attachment J-S1).

The deadline to request access to the controlled solicitation documents shall be the same as the deadline to submit bidder’s questions regarding this solicitation.

1.4 SUBMISSION OF QUESTIONS AND COMMENTS

Offerors shall submit written questions and comments related to this solicitation using the Bidder’s Question Submittal Form (Attachment J-S2) for this solicitation. For ease of Government review and to minimize response time, Offerors shall submit this form in the original file format. Do not convert the form to Portable Document Format (PDF). To ensure the Government understands the context of the question, Offerors shall detail the applicable document name, document date or version, page, paragraph, clause or other specific citation to which the question applies. Information contained in the Government’s responses to bidder’s question shall not supersede any information contained in the solicitation (including amendments). In the event of a discrepancy between a response to a bidder’s question and the content of the solicitation, the latter shall take precedence.

Offerors shall not submit comments, questions, or inquiries to any Government representative other than the PCO and CS identified in this section.

The Government intends to distribute bidder’s questions and associated responses via public posting to the SAM website. However, any question or response that contains controlled unclassified information will not be posted publicly, but rather will be sent directly to those Offerors who have executed the TOUA and meet the security requirements detailed herein.

In the event that a prospective Offeror wishes to submit a comment or question that the prospective Offeror believes addresses a subject that is specific or proprietary to the Offeror, then the Offeror shall mark the question accordingly on the submission form and provide justification to support its claim. If the Government concurs with this identification, the Government will respond only to that potential Offeror. If the Government does not concur with this identification, it will inform the submitting Offeror and will not provide any further response. The Offeror may resubmit the question without the proprietary marking if the Q&A deadline has not passed.

Offerors shall submit in accordance with this section any questions or suggestions related to the terms and conditions of this solicitation prior to the deadline for questions.

Therefore, any offer that includes “redlines,” condition(s) of offer, or any other deviation from the requirements of the solicitation may be rejected by the Government and will not be further evaluated for award. As such, Offerors shall submit in accordance with this section any questions or suggestions related to the terms and conditions of this solicitation prior to the deadline for questions.

The deadline for receipt of questions is 45 days after the date the original solicitation was issued (see Block 5 of the Standard Form 33). Any questions received after this date may not be answered prior to receipt of proposals.

1.4.1 QUESTIONS

Written questions related to this solicitation shall be submitted electronically as follows:

TO: Mr. David Chamberlain – david.s.chamberlain5.civ@us.navy.mil CC: Mr. Matthew Hubbard – matthew.r.hubbard2.civ@us.navy.mil SUBJECT LINE: N00024-22-R-5325 Question from (insert name of Offeror)

Based upon paragraph 1.5 below, offerors shall not submit any classified questions or proposals in response to this solicitation.

1.5 SOLICITATION SECURITY CLASSIFICATION

This solicitation is unclassified.

1.6 AWARD WITHOUT DISCUSSIONS

Pursuant to the provision under this section entitled FAR 52.215-1, “Instructions to Offerors – Competitive Acquisition”, the Government intends to award a single contract on the basis of a proposal submission without conducting discussions with Offerors, but reserves the right to conduct discussions per FAR 15.306 “Exchanges with Offerors After Receipt of Proposals” if determined by the Contracting Officer to be necessary. Each Offeror shall submit only one proposal for this requirement. No alternate proposals will be accepted, and the submission of multiple proposals for one requirement will result in rejection of the proposal and will not be further evaluated for award. Therefore, each Offeror’s proposal submission shall contain the Offeror’s best terms from a price and technical standpoint. However, the Government may contact any, all, or a limited number of Offerors with questions concerning their proposals as permitted under FAR Part 15. Upon the conclusion of discussions, if they occur, the Government will request Final Proposal Revisions (FPRs) from all Offerors still within the competitive range.

1.7 PROTECTING CONTROLLED UNCLASSIFIED INFORMATION

Pursuant to DFARS 252.204-7008(c)(1), prospective Offerors are advised proper safeguarding of Controlled Unclassified Information (CUI) is considered a special standard of responsibility for this solicitation. See FAR subpart 9.1. Failure to properly safeguard and mark Controlled Unclassified Information in a prospective Offeror’s proposal in accordance with applicable regulation and policy (to include Executive Order 13556, the Defense Acquisition Regulations Supplement and DoD Instruction 5200.48) may preclude the Contracting Officer from being able to provide the required affirmative determination of responsibility. If the Contracting Officer is unable to affirmatively determine the prospective Offeror to be responsible, the prospective Offeror will be ineligible for award.

2.0 GENERAL PROPOSAL INSTRUCTIONS

The completion and submission to the Government of an offer shall indicate the Offeror’s unconditional acceptance of the terms and conditions in the solicitation.

The Government encourages Offerors to contact the PCO and Contract Specialist via the Bidder’s Question Process as outlined in Section L.1.4 above.

Offerors shall take care to submit a legible, neat, orderly, concise and comprehensive proposal. Elaborate brochures or artwork, expensive paper or bindings, or expensive visual or presentation aids beyond those sufficient to present a complete and comprehensive proposal are unnecessary. Clarity is essential. The use of brochures shall be minimized and if used will count against page limits.

2.1 PROPOSAL STRUCTURE, FORMAT, AND PAGE COUNTS

Offerors shall structure proposal submittals such that the required content is organized as follows:

VOLUME

TITLE

PAGE

LIMIT

PAPER

DUPLICATES

ELECTRONIC

COPIES

I Executive

Summary 10 4 1

II Technical Approach and Capability

100 4 1

III Past Performance

See Note 1 4 1

IV Price Proposal None 1 1

Note 1: The total page limit for this volume will vary depending on the number of subcontractors for which the Offeror must provide past performance information. The past performance narrative for the Offeror shall not exceed five (5) pages in length. The past performance narrative for applicable subcontractors shall not exceed two (2) pages in length. Therefore, the page limit for this volume shall be (5 + 2x), where x represents the number of applicable subcontractors.

Each Offeror shall submit paper hard copies and separate electronic copies on CD-ROM or DVD media in the quantities specified above. All copies must contain the same information and format. See paragraph 3.0 and subparagraphs under this section for instructions regarding proposal content that must be submitted solely on electronic media and omitted from the paper versions, including the original and any copies, of the volume.

Offerors are advised that the quality of information is significantly more important than quantity. In this respect, Offerors will strictly observe the page count limitations for each volume. Pages in excess of the applicable page limit will not be read or evaluated and will be removed by the PCO from the back of the respective volume prior to evaluation. It is not necessary to supply the maximum number of pages allowed for each volume; fewer pages may be submitted. Offerors shall organize proposal content sections using index pages or tabbed index divider pages with clear cross-referencing to the table of contents. Only pages which count against page count limitations shall be numbered (e.g., 1, 2, 3), with the exception of the Price Volume. For the Price Volume only, pages must be numbered consecutively within each section, but page numbering may restart at the beginning of each section.

Section L.2.3 identifies specific items that will be exempt from the page count limitations set forth above. In addition, the following proposal content will be exempt from the page count limitations:

Cover letter Table of contents Title pages Index pages Tabs Glossary Cross Reference Matrix

The Government may consider any failure on the part of an Offeror to comply with these instructions to be an indication of how the Contractor will comply with contract requirements during contract performance. Therefore, the Government encourages Offerors to contact the PCO and Contract Specialist via the Bidder’s Question Process outlined in Section L.1.4

Volumes I, II, III and IV shall each contain a cover letter containing:

Offeror name, address, and point of contact Offeror point of contact phone number and electronic mail address

Offeror CAGE code and DUNS number Title of proposal, proposal number, and RFP number – Mechanical and Integration (N00024-22-R-5325) Volume number and title (e.g. “Volume II – Technical Proposal (Part 1 of X)”)

The Offeror shall submit a Cross Reference Matrix (CRM) for the Technical Volume, similar to the example below, to help ensure that all solicitation requirements are addressed and to facilitate the evaluators’ review of the Offeror’s proposal. The CRM should be a single integrated matrix and cross-reference the proposal volumes and paragraphs to specific RFP requirements, as well as other parts of the proposal that contain relevant information. The Offeror’s CRM may be identical to the example below or revised such as to add columns to indicate the page number on which information may be found, identify where other relevant information in the proposal is located, or provide other comments. The CRM does not count against any of the proposal page limitations.

Each factor and volume shall be written to the greatest extent possible on a stand-alone basis so that its content may be evaluated with a minimum of cross-referencing to other factors and volumes of the proposal. Cross-referencing within a given factor is permitted where its use would conserve space without impairing clarity. In the event an Offeror decides to cross reference information, it is the responsibility of the Offeror to include the information in full and provide clear references to that information in other portions of the factor where the Offeror would like the evaluators to consider any duplicated information. Offerors are reminded of their burden to present its capability in a manner that is clear for evaluators.

EXAMPLE OF A CROSS REFERENCE MATRIX (CRM)

Section L – Proposal Instructions

Government SOW Section M – Evaluation Factor

Offeror’s Proposal Reference

CLIN

Reference

Volume II Technical Approach and Capability

Example:

Attachment 1, SOW, Page 102, First Article Test

Note: This column shall address applicable paragraphs within the SOW.

Factor 1 Provide reference to Offeror’s Proposal Volume II – Technical. Example: Refer to appropriate page number in Offeror’s written proposal.

XXXX

2.2 LABELING AND PACKING

Offerors shall pack and submit all proposal binders in cardboard (or equivalent) boxes that may be lifted and handled manually. Offerors should observe a reasonable maximum weight for each box and avoid overloading any single box. Boxes must be sequentially numbered with the box numbers marked on all sides of each box, and written on all sides of the outside wrapper, if necessary. If submitting more than one box, include in one of the boxes a master packing list summarizing the contents (i.e., volume number, copy number, and volume name) of each box, by box number. Submit all copies of electronic media in a single box. These packing instructions also apply to all subcontractor submissions.

Offerors shall submit all volumes in three-ring binders with index tabs or tabbed index divider pages separating each section. Each proposal section shall start on a new page. Each volume shall contain a table of contents that lists the sections, subsections, and page numbers. Each volume shall also include a glossary explaining all abbreviations and acronyms used. Offerors are responsible for the condition of delivered proposals.

The first page of each proposal volume shall display the information required by FAR 52.215-1(c)(2) and shall also contain the volume number, volume title, security classification level of the volume and serial/copy number. If an Offeror wishes to restrict the disclosure or use of its proposals, the Offeror shall use the legend permitted by FAR 52.215-1(e) and prominently indicate the specific pages and paragraphs that contain proprietary information. Each page of an Offeror’s proposals shall be labeled with the Offeror’s name, solicitation number, date corresponding to the date of the proposal, and CUI designation.

All information relating to contract pricing data shall be included only in the section of the proposal designated as the Price Proposal Volume IV. UNDER NO CIRCUMSTANCES SHALL OFFERORS INCLUDE CONTRACT COST AND PRICING DATA IN VOLUMES I THROUGH III. In the event that cost and pricing data are included in Volumes I through III, that pricing data will be excluded from the evaluation.

Unless otherwise stated in this solicitation, Offerors shall ensure that electronic versions of proposals do not contain any information not included in the paper versions. In the event of a discrepancy between the paper version and electronic version of a proposal, the electronic version will govern. Electronic proposal submissions and supporting information shall be submitted on CD-ROM or DVD media in a format that can be accessed using a standard PC-compatible CD-ROM/DVD drive. The Government will not accept submissions on any other electronic media, such as flash memory cards or USB flash drives. All files submitted to the Government shall be compatible with Microsoft Office 2016. All viewgraphs shall be submitted in Microsoft PowerPoint format. All spreadsheets shall be submitted in Microsoft Excel format with all mathematical equations used for calculations visible and traceable. All text and proposal narrative shall be submitted in Microsoft Word format. All schedules shall be submitted in Microsoft Project format. No fields or documents may be password protected. Offerors shall not embed sound or video files into the electronic files. All Microsoft Excel files shall be completely readable and editable such that the Government may readily ascertain the validity of the pricing or other data contained therein. All data and tables shall be submitted in a printable format.

Each CD-ROM/DVD shall be labeled with the solicitation number, proposal volume number and title, the Offeror’s name, date of submittal, security classification level, serial/copy number, any restrictive marking permitted by the FAR (See FAR Part 15), and “Source Selection Information – See FAR 2.101 and 3.104.” The Offeror shall also submit a hardcopy directory listing with each CD-ROM/DVD submitted. Separate files shall be used to enable rapid retrieval of all contents, including exhibits, appendices, and attachments, if any. Prior to submittal, the Offeror shall screen all CD-ROMs/DVDs to ensure that the media does not contain computer viruses or other malware. Each volume shall be organized into directories within the CD-ROM/DVD that duplicate the volumes and partitions used in the paper version of the proposal.

All CD-ROMs/DVDs shall be marked “CUI.”

2.3 PAGE SIZE AND FORMAT

The narrative material…