19RJQ57_0002.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 reason for this amendment is to provide responses to industry questions; update Attachment 1 (Statement of Work), Attachment 2 (Performance Specification), and Attachment 3 (Performance Specification Compliance Matrix) in Section J; and to extend the solicitation closing date. The solicitation closing date is extended from March 20, 2019 at 2:00 PM local time to April 5, 2019 at 2:00 PM local time.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 4

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

16C. DATE SIGNED

BY 27-Feb-2019

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 N0016419RJQ57

X 9B. DATED (SEE ITEM 11)

01-Feb-2019

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 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

27-Feb-2019

CODE

NAVAL SURFACE WARFARE CENTER CRANE DIV

K. WAGONER (812-854-3990)

BLDG 3373

300 HIGHWAY 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:

N0016419RJQ57

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

SUMMARY OF CHANGES REV

SUMMARY OF CHANGES

The closing date of the solicitation has been extended from March 20, 2019 at 2:00 PM local time to April 5, 2019 at 2:00 PM local time.

INDUSTRY QUESTIONS

Question 1: Can the proposal and bid sample submission due date of March 20th, 2019 be extended to allow for licensing agreements for TRMR 3 to be secured with HORUS?

Answer 1: The solicitation is extended to April 5, 2019.

Question 2: Would the government consider amending the solicitation to allow bid samples to be due 30 or 60 days after the proposed proposal submission due date of March 20, 2019? This would provide the necessary time needed to secure licensing, manufacturer the bid samples to the newly released specification, and allow manufacturers the ability to fully commit to SOCOM’s needs?

Answer 2: The Government requires the bid samples be due on the proposal submission date. The solicitation is extended to April 5, 2019.

3.18 Reticles

3.18.1 “The reticle shall be a TRMR 3 reticle”

In the initial draft specification 3.18.1 stated that a “graduated grid style reticle shall be available for the technical evaluation.” In the specification that was released on January 14th 3.18.1 was changed to “The reticle shall be a TRMR 3 reticle.”

Question 3: Due to the licensing requirements for TRMR 3 and the patent limitations, will the government be securing the rights to the reticle for this project to provide it to optics companies so that they may compete for this “fair and open” competition?

Answer 3: The prospective offeror needs to make their own license arrangements with Horus.

Question 4: Does this requirement fall under Far clause - 52.227-1 authorizations and consent that indemnifies a USF contractor from suit for patent infringements?

Answer 4: The Government cannot indemnify contractors against the contractor’s intentional patent infringement and suit for patent infringements.

Question 4 a: If so, will the government provide the TRMR 3 print for use?

Answer 4 a: It is a HVRT Corp owned design. The Government does not plan to provide the print.

Question 5: Would the government reconsider and return to the original specification requirements of a Graduated Mil Grid Reticle being used for submission testing?

Answer 5: The Government will not revert to the Draft Performance Specification. If the Government returns to the Draft Performance Specification requirement, and a contractor makes a HORUS (HVRT Corp) like reticle without an agreement, the contractor risks patent infringement which would increase the Governments risk of delays in schedule due to a potential patent infringement.

Question 6: Must a TRMR3 reticle be used?

Answer 6: The Government requires the TRMR3, and no other reticle shall be considered. TRMR 3 is a user requirement that provides continuity in established training curriculums across multiple platforms.

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

The Table of Contents has changed from:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Exhibit A CDRLS 18 06-DEC-2018 Attachment 1 Statement of Work 11 27-JUL-2018 Attachment 2 Performance

Specification

PRF/18/JXQR/164

13 29-JAN-2019

Attachment 3 Performance Specification Compliance Matrix

6 01-FEB-2019

Attachment 4 Small Business Participation Data Form

1 21-JAN-2019

Attachment 5 Past Performance Matrix 3 21-JAN-2019 Attachment 6 Past Performance

Questionnaire

3 21-JAN-2019

to:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Exhibit A CDRLS 18 06-DEC-2018 Attachment 1 Statement of Work 12 25-FEB-2019 Attachment 2 Performance

Specification

PRF/18/JXQR/164

13 15-FEB-2019

Attachment 3 Performance Specification Compliance Matrix

6 25-FEB-2019

Attachment 4 Small Business Participation Data Form

1 21-JAN-2019

Attachment 5 Past Performance Matrix 3 21-JAN-2019

Attachment 6 Past Performance Questionnaire

3 21-JAN-2019

(End of Summary of Changes)