Amendment 02 N0017322RDH01.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 Amendment 002 is to extend the proposal submission date until 18 October 2022 as w ell as to make the modif ications listed in Section A.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 5

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

16C. DATE SIGNED

BY

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 N0017322RDH01

X 9B. DATED (SEE ITEM 11)

01-Sep-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 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.

U0002

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

6. ISSUED BY

3. EFFECTIVE DATE

06-Oct-2022

CODE

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE, SW

WASHINGTON DC 20375

N00173 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N0017322RDH01

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The following have been added by full text:

Amendment 02 Updates:

1) The proposal submission date is extended until 18 October 2022.

2) Section H “Key Personnel” has been updated to remove “Computer Scientist V (Programmer/Analyst)” as a Key Personnel labor category.

3) Attachment 02 – “Personnel Qualifications” has been updated to clear up any inconsistencies.

4) Attachment 05 – “Cost Price Summary” has been renamed to “Cost Price Summary – Task Order”. This attachment is also updated to reflect the 24 month period of performance for the first Task Order.

5) Attachment 10 – “Cost Price Summary – Base Contract” has been added.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

PROVISIONS INCORPORATED BY REFERENCE AT ORDER LEVEL

The Basic Contract is incorporated in its entirety (unless otherwise noted in the task order) in all task orders. Orders also may incorporate one or more additional provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

KEY PERSONNEL

(a) The Contractor agrees to assign to the contract tasks those persons whose resumes were submitted with its proposal and who are necessary to fulfill the requirements of the contract as "key personnel". No substitutions may be made except in accordance with this clause.

(b) The Contractor understands that during the first ninety (90) days of the contract performance period, no personnel substitutions will be permitted unless these substitutions are unavoidable because of the incumbent's sudden illness, death or termination of employment. In any of these events, the Contractor shall promptly notify the Contracting Officer and provide the information described in paragraph (c) below. After the initial ninety (90) day period the Contractor must submit to the Contracting Officer all proposed substitutions, in writing, at least thirty (30) days in advance (sixty (60) days if security clearance must be obtained) of any proposed substitution and provide the information required by paragraph (c) below.

(c) Any request for substitution must include a detailed explanation of the circumstances necessitating the proposed substitution, a resume for the proposed substitute, and any other information requested by the

Contracting Officer. Any proposed substitute must have qualifications equal to or superior to the qualifications of the incumbent. The Contracting Officer or his/her authorized representative will evaluate such requests and promptly notify the Contractor of his/her approval or disapproval thereof.

(d) In the event that any of the identified key personnel cease to perform under the contract and the substitute is disapproved, the contract may be immediately terminated in accordance with the Termination clause of the contract.

(e) The following are identified as key personnel:

Labor Category

Physicst/Material Engineer II (Electro-Optics)

Physicist/Electrical Engineer IV (EO/Nanoscale Photonics)

Research Chemist/Physicist V (Nonlinear Optical Spec)

Fiber Technician V (Sensor Design/Fabrication)

LEVEL OF EFFORT

(a) In the performance of each term form Task Order (TO) issued under this contract, the Contractor agrees to provide the level of effort specified in the TO and in accordance with this provision.

(b) It is understood and agreed that the rate of direct labor hours expended each month may fluctuate in pursuit of the technical objective, provided such fluctuation does not result in the use of the total hours of effort prior to the expiration of the term of the TO. The Contractor is required to notify the Contracting Officer when 85% of the total level of effort of the TO has been expended.

(c) If, during the term of the TO, the Contractor finds it necessary to accelerate the expenditure of direct labor under the TO to such an extent that the total hours of effort specified would be used prior to the expiration of the term, the

Contractor shall notify the Contracting Officer in writing setting forth the acceleration required, the probable benefits which would result, and an offer to undertake the acceleration at no increase in the estimated cost or fixed fee together with an offer setting forth a proposed level of effort, cost breakdown, and proposed fixed-fee for continuation of the work until expiration of the term of the TO. If the maximum amount specified in the contract is not adequate to accommodate the anticipated accelerated expenditure of direct labor, the Contractor shall also include in its offer a proposed increase of the maximum amount, cost breakdown, and proposed fixed-fee for the increase. The offer shall provide that the work proposed will be subject to the terms and conditions of this contract and any additions or changes required by current law, regulations, or directives, and that the offer, with a written notice of acceptance by the Contracting Officer, shall constitute a binding contract. The Contractor shall not accelerate any effort until receipt of such written approval by the Contracting Officer. Any agreement to accelerate will be formalized by modification of the order and, if necessary, the contract.

(d) The Contracting Officer may, by written order, direct the Contractor to accelerate the expenditure of direct labor under a TO such that the labor hours of effort specified therein would be used prior to the expiration of the term.

This order shall specify the acceleration required and the resulting revised term. The Contractor shall acknowledge this order within ten days of receipt.

(e) If the total level of effort specified in each TO is not provided by the Contractor during the term of the TO, the

Contracting Officer shall either

(i) reduce the fixed fee of the TO as follows:

Fee Reduction = Fixed Fee X (Required LOE Hours - Expended LOE Hours)

Required LOE Hours or;

(ii) subject to the provisions of the clause of this contract entitled "Limitation of Cost," require the Contractor to continue to perform the work until the total number of hours of direct labor specified in the DO/TO shall have been expended, at no increase in the fixed fee of the TO.

(f) In the event the Government fails to fully fund the TO in a timely manner, the term of the TO may be extended accordingly with no change to cost or fee. If the Government fails to fully fund the TO, the fee will be adjusted in direct proportion to that effort which was performed.

(g) Notwithstanding any of the provisions of the above paragraphs, the Contractor may furnish labor hours up to five percent in excess of the total direct labor hours specified in the TO provided that the additional effort is furnished within the term hereof, and provided further that no increase in the estimated cost or fixed-fee is required, and no adjustment in the fixed-fee shall be made provided that the Contractor has delivered at least 95% of the level of effort specified in the TO.

(h) It is understood that the mix of labor categories provided by the Contractor under the TO, as well as the distribution of effort among those categories, may vary considerably from the initial mix and distribution of effort, which was estimated by the Government or proposed by the Contractor.

(i) Nothing herein shall be construed to alter or waive any of the rights or obligations of either party pursuant to the

Clause entitled "Limitation of Costs" or "Limitation of Funds," either of which incorporated herein applies to each

TO under this contract

(j) Annual level of effort is as follows:

(*To be completed in each individual CPFF term type Task Order)

GOVERNMENT PROPERTY

a. Government-Furnished Equipment. Government-furnished equipment, data, or services shall be identified in individual TOs.

b. Contractor Acquired Property. In the event the contractor is required to purchase property in the performance of this contract, compliance with the procedures of FAR Part 45.402, Government Property, is required.

c. Disposition of Government Property. Thirty (30) days prior to the end of the Task Order period of performance, or upon termination of the Task Order, the contractor shall furnish to the COR a complete inventory of all

Government Property in his possession under the Task Order that has not been tested to destruction, completely expended in performance, or incorporated and made a part of a deliverable end item. The COR will furnish disposition instructions on all listed property which was furnished or purchased under the Task Order.

NOTICE OF INCOPORATION OF SECTION K

Section K of the solicitation (Representation, Certifications and Other Statements of Offerors) will not be distributed with the contract; however it is incorporated in and forms a part of the resultant contract as though furnished in full text therewith.

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 Contract Data

Requirements List

(CDRLs)

18-AUG-2022

Attachment 1 Statement of Work 19-AUG-2022

Attachment 2 Personnel Qualifications 19-AUG-2022

Attachment 3 Requirements for On-Site

Contractors

19-AUG-2022

Attachment 4 DD254 19-AUG-2022

Attachment 5 Cost/Price Summary

Spreadsheet (CPSS)

19-AUG-2022

Attachment 6 SF 1408 Pre-Award

Survey

19-AUG-2022

Attachment 7 PP Questionnaire 19-AUG-2022

Attachment 8 Small Business

Participation

Commitment Document

19-AUG-2022

Attachment 9 Subcontracting Plan 19-AUG-2022 to:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Exhibit A Contract Data

Requirements List

(CDRLs)

18-AUG-2022

Attachment 1 Statement of Work 19-AUG-2022

Attachment 10 Cost/Price Summary

BASE CONTRACT

06-OCT-2022

Attachment 2 Personnel Qualifications 19-AUG-2022

Attachment 3 Requirements for On-Site

Contractors

19-AUG-2022

Attachment 4 DD254 19-AUG-2022

Attachment 5 Cost/Price Summary

TASK ORDER

Attachment 6 SF 1408 Pre-Award

Survey

19-AUG-2022

Attachment 7 PP Questionnaire 19-AUG-2022

Attachment 8 Small Business

Participation

Commitment Document

19-AUG-2022

Attachment 9 Subcontracting Plan 19-AUG-2022

(End of Summary of Changes)