14RJN08_0003.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

The purpose of this amendment is to incorporate clerical changes in specif ication document and Section L of the solicitation, post questions and answ ers from industry and post updated draw ings. This amendment also provides details of the Government's intent to potentially aw ard tw o contracts from this RFP. The closing date remains 8 Sept 2014 12:00 PM local time. All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 4

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

16C. DATE SIGNED

BY 26-Aug-2014

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 N00164-14-R-JN08

X 9B. DATED (SEE ITEM 11)

15-Jul-2014

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 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

22-Aug-2014

CODE

NAVAL SURFACE WARFARE CENTER CRANE DIV

C. ROGERS (812-854-5307)

BLDG 3373

300 HWY 361

CRANE IN 47522-5001

N00164 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N00164-14-R-JN08

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

SECTION 4.0 - CLAUSES & OTHER FULL TEXT INFORMATION

SUMMARY OF CHANGES

SECTION 4.0 – CLAUSES & OTHER FULL TEXT INFORMATION

1. Clerical changes in Attachment 2, Hydrid Specification HS/4083/C01/1240 Rev C, dated 22 July 14

TABLE 1: FUNCTION AND CASUALTY DEFECT CLASSIFICATION AND ACCEPT/REJECT

CRITERIA 3. Primer leaks a. Perforation in firing pin indent in primer cup:

From:

(2) M249 Machine gun

To:

(2) M16A2/M16A3 Rifle

2. Question: 3.3.1 of HS/4083/CO1/1240 requires a semi-jacketed projectile utilizing gilding metal. Does this specification require conforming to the standard definition of gilding metal, 95% Copper and

5% Zinc?

Answer: Jacket material does not have to conform to 95% copper/5% zinc.

3. The following shall be added to clause 52.212-1, Instructions to Offerors – Commercial Items

Offerors may submit an offer for the Primary contract or for both the Primary Contract and the Secondary contract.

As part of their offer package, offerors will clearly indicate whether they intend their offer to be for the Primary contract only or for both the Primary contract and the Secondary contract. The Government will not accept an offer for only the Secondary contract. As noted above, a contractor cannot be awarded both the Primary contract and the

Secondary contract. The Government intends to evaluate offers for the Primary contract first and, after a selection has been made for the Primary contract, then evaluate offers for the Secondary contract from among those who submitted an offer for the Secondary contract but were not selected for award for the Primary contract. The

Government may choose to make notice of award of the Primary contract and the Secondary contract at the same time. Offerors may submit prices for the Secondary contract that differ from the prices submitted for the Primary contract. Any such submission made shall clearly delineate which prices are for the Primary contract and which are for the Secondary contract. If an offeror indicates its proposal is for both the Primary contract and the Secondary contract but only provides one set of prices, the Government will understand that the offeror intends the same prices to apply to both the Primary contract and the Secondary contract. Offerors shall indicate as part of their offer the maximum production line capacity/output on a per month basis they would have available to meet the Government requirements under this solicitation. Offerors who submit offers for both the Primary contract and the Secondary contract must provide the same maximum production line capacity/output on a per month basis in both its offers.

Ordering Instructions:

The Government will use the following procedures to determine whether delivery orders past the guaranteed minimum amounts will be issued under the Primary contract or under the Secondary contract. Subject to concerns about lack of capacity under the Primary contract, performance issues under the Primary contract, or for other good reason, the Government intends that all orders that are issued under the two contracts will be issued under the

Primary contract, but for the guaranteed minimum amount that is specified for the Secondary contract. Prior to issuing each order, the Government will review the capacity and past performance of the contractor for the Primary contract. The first step will be to assess the Prime contractor’s available capacity. Capacity will be assessed as described in the paragraph below titled “Capacity.” The second step is to review the past performance under the

Primary contract as described in the paragraph below titled “Past Performance.” If the Contracting Officer determines that there is at least Satisfactory Confidence that the contractor for the Primary Contract has the capacity to perform the order and that the Primary contractor’s past performance under orders that have been issued under the contractor has been rated as Satisfactory Confidence or better, the Contracting Officer will issue the order under the Primary contract unless there is other good reason not to do so. If the Contracting Officer does not issue the order under the Primary contract, the Contracting Officer will consider issuing the order under the Secondary contract as further described in the Capacity and Past Performance paragraphs.

Capacity

In order to determine the available capacity under the Primary contract when the Contracting Officer is considering issuing an order, the Contracting Officer will consider the quantity of ammunition that is currently on order from the

Government under the Primary contract, the quantity to be ordered under the projected order, and the explanation of its capacity that the offeror provided at the time it submitted its offer. The Contracting Officer may also, but is not required to, seek informal confirmation from the contractor for the Primary Contract as to whether there are other factors, e.g., current orders from other activities or facility issues, that may affect its capacity to perform the projected order. Based on the review, the Contracting officer will assign a capacity adjectival rating of Substantial

Confidence, Satisfactory Confidence, Limited Confidence, or No Confidence. Descriptions of the adjectival ratings are provided in the table below. The Contracting Officer does not intend to issue an order under the Primary

Contract unless the contractor is determined to have a capacity rating of Substantial Confidence or Satisfactory

Confidence or, if it has a lower rating, it has provided satisfactory explanation as to how it has resolved the issues that led to the capacity rating of Limited Confidence or No Confidence. If the contractor for the Primary Contract is determined to have a capacity rating of Limited Confidence or No Confidence, the Contracting Officer may issue the projected order in its entirety to the contractor for the Secondary contract, defer issuing the order, update the order quantity to more closely match the available capacity under the Primary contract, divide the order quantity between the Primary contract and the Secondary contract, or take other appropriate action. The Contracting Officer will normally not issue an order or part of an order under the Secondary contract as result of capacity concerns with the Primary contract unless the Secondary contract has a capacity rating that is evaluated as being at least one adjectival rating level above that of the contractor under the Primary contract. This description of possibly shifting some or all of an order to the Secondary contract should not be understood as waiving any of the Government’s rights under the Order Limitations provision that is included in either the Primary contract or the Secondary contract.

Past Performance

In order to determine the past performance under the Primary contract when the Contracting Officer is considering issuing an order, the Contracting Officer will consider the extent to which the contractor under the Primary contract fully satisfied the requirements of each of the preceding five delivery orders under the contract. As part of the review, the Contracting Officer will consider the extent to which the supplies the contractor provided under the orders met or exceeded the technical requirement of the contract and were provided in accordance with the required delivery schedule. If the contractor has not been issued five delivery orders, the contracting officer will consider the contractor’s performance under however many delivery orders have been issued. The Contracting Officer will give greater weight to the contractor’s performance record on the most recent delivery orders. Based on the review, the

Contracting officer will assign a past performance adjectival rating of Substantial Confidence, Satisfactory

Confidence, Limited Confidence, or No Confidence. Descriptions of the adjectival ratings are provided in the table below. The Contracting Officer does not intend to issue an order under the Primary Contract unless it is determined to have a Substantial Confidence or Satisfactory Confidence past performance rating or, if it has a lower rating, if it has provided satisfactory explanation as to how it has resolved the issues that led to the past performance ratings of

Limited Confidence or No Confidence. If the contractor for the Primary Contract is determined to have a past performance rating of Limited Confidence or No Confidence, the Contracting Officer may choose to issue the next order under the Secondary contract so long as the contractor under the Secondary contract has a past performance rating that is evaluated as being at least one adjectival rating level above that of the contractor under the Primary contract.

4. The following shall be added to clause 52.212-2 Evaluation – Commercial Offerors

The Government intends to award two contracts following from this solicitation: a Primary and a Secondary contract. The Government reserves the right, however, should it determine it is in its best interest, to award only a

Primary contract. In making its determination whether to award a Secondary contract, the Government will consider factors including production capacity, confidence of delivery, administrative burden, and pricing. As described below, the terms of the Primary and Secondary contracts differ. If a Secondary contract is awarded, it will be administered as a separate Indefinite Delivery/Indefinite Quantity contract rather than the Primary and Secondary contracts being administered as Multiple Award Contracts (MACs). The Government does not intend to issue orders under the Secondary contract, but for satisfaction of its guaranteed minimum amount, unless the Contracting

Officer determines at the time a delivery order is to be issued that the contractor for the Primary contract lacks sufficient capacity to perform the order, has performance problems on recent orders (poor quality and/or deliveries that did not adhere to the required delivery schedule) which reasonably raise concerns about its performance of a current delivery order, or for other good reasons. The Contracting Officer’s issuance of an order under the

Secondary contract rather than the Primary contract should not be understood as a “negative” assessment of the primary contractor.

PRIMARY CONTRACT

At the time of contract awards, the contractor for the Primary contract will be issued an order for the contractually required minimum amount. The initial delivery order may include a quantity greater than the contract minimum.

The intent is the Primary contract will receive the majority, and possibly all, of the delivery orders that follow the initial delivery order but for an amount equal to the guaranteed minimum amount for the Secondary contract. The successful offeror for the Primary contract will not be considered for award of the Secondary contract.

Primary Contract Minimum amount: 70 cases (1,680 rounds per case)

Contract Maximum: $48,950,000 (see Note below)

SECONDARY CONTRACT

At the time of contract awards, the contractor for the Secondary contract will be issued an order for the contractually required minimum amount. Consistent with the procedures described below in the paragraph titled

“Ordering Instructions,” it is very possible that Contracting Officer will not issue any additional orders under the

Secondary contract.

Secondary Contract Minimum amount: 50 cases (1,680 rounds per case)

Contract Maximum: $24,475,000

NOTE: The total cumulative amount of both contracts shall not exceed $49,000,000 in sum.

5. Clause 52.212-2 Evaluation – Commercial Offerors, (a)(7) shall be changed as follows:

From: “Factor I and Factor II (factors other than price), when combined, are more important than Factor III (price). “

To: “Factor I and Factor II (factors other than price), when combined, are significantly more important than Factor III (price). “

6. CNIN-L-0002, Technical II, Subsection B- Written Performance Specification Compliance, a) Technical

Volume I shall be changed as follows:

From: “…shall be no more than 30 pages…”

To: “…shall be no more than 50 pages…”

7. The following revised drawings, denoted by alphabetical versions with revision dates, are incorporated into the solicitation; disregard older drawing versions.

Attachment 14 19200-12977298C Seal Application 1 14JULY13

Attachment 18 19204-11010482H Spring, Cartridge Clip 1 08JULY09

Attachment 19 19204-11010483F Clip, Cartridge: 5.56mm, 10 Round 1 08JUN09

Attachment 20 19205-11010481J Body, Cartridge Clip 1 08JUN09

Attachment 21 19204-11010484M Filler, Magazine: 5.56mm, 10 Round 1 02APR12

All other terms and conditions remain unchanged.