N0017323RSD01-0001 SF30.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

1. CONTRACT ID CODE PAGE OF PAGES

1 44

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

16C. DATE SIGNED

BY 21-Dec-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 N0017323RSD01

X 9B. DATED (SEE ITEM 11)

17-Dec-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

21-Dec-2022

CODE

NAVAL RESEARCH LABORATORY 13

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:

The reason for this amendment is to revise the RFP. See continuation pages and corresponding revised attachments J-5, J-6, and J-9.

N0017323RSD01

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION E - INSPECTION AND ACCEPTANCE

The following have been deleted:

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

SECTION F - DELIVERIES OR PERFORMANCE

52.242-17 Government Delay Of Work APR 1984

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SPECIAL CONTRACT REQUIREMENTS

H-1 TYPE OF CONTRACT

The Government contemplates a Cost Plus Fixed Fee (CPFF) Term contract.

H-2 KEY PERSONNEL REQUIREMENTS

(A) Certain skilled experienced professional and/or technical personnel are essential for successful Contractor accomplishment of the work to be performed under this contract. These are defined as "Key Personnel" as identified in Attachment J-3 to this contract and are those persons whose resumes were submitted for evaluation with the

Contractor s proposal. The Contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with paragraphs (b) and (c) hereof.

(B) If one or more of the key personnel for whatever reason becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding thirty (30) work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the Contractor shall immediately notify the Contracting Officer and shall, subject to the concurrence of the Contracting Officer or his authorized representative, promptly replace such personnel with personnel of at least substantially equal ability and qualifications.

(C) All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. They must contain a complete resume for the proposed substitute, and any other information requested by the Contracting Officer or needed by him to approve or disapprove the proposed substitution. The Contracting Officer or his authorized representative will evaluate such requests and promptly notify the Contractor of his approval or disapproval thereof in writing.

(D) If the Contracting Officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the services ordered, the contract may be terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate, or, at the discretion of the Contracting Officer if he finds the

Contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.

H-3 REPORT PREPARATION

Scientific or technical reports prepared by the Contractor and deliverable under the terms of this contract will be prepared in accordance with format requirements contained in ANSI/NISO Z39.18-2005, Scientific and

Technical Reports: Elements, Organization, and Design.

[NOTE: All NISO American National Standards are available as free, downloadable pdf(s) at http://www.niso.org/standards/index.html. NISO standards can also be purchased in hardcopy form from NISO

Press Fulfillment, P. O. Box 451, Annapolis Junction, MD 20701-0451 USA. Telephone U.S. and Canada: (877)

736-6476; Outside the U.S. and Canada: 301-362-6904 fax: 301-206-9789.]

H-4 ORGANIZATIONAL CONFLICTS OF INTEREST

(a) Definitions.

The term “contractor” includes the Contractor and its employees, affiliates, marketing consultants (if any), consultants, and subcontractors at all tiers.

“Organizational Conflict of Interest” (“OCI”) means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the

Government, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. FAR 2.101. An OCI may result when (1) activities or relationships create an actual or potential conflict of interest related to the performance of the Statement of Work (SOW) of this Contract; or, (2) when the nature of the SOW on this Contract creates an actual or potential conflict of interest with respect to the Contractor in relation to a future acquisition.

“Marketing consultant,” means any independent contractor who furnishes advice, information, direction, or assistance to an offeror or any other contractor in support of the preparation or submission of an offer for a

Government contract by that offeror. An independent contractor is not a marketing consultant when rendering—

(1) Services excluded in FAR Subpart 37.2; (2) Routine engineering and technical services (such as installation, operation, or maintenance of systems, equipment, software, components, or facilities); (3) Routine legal, actuarial, auditing, and accounting services; and (4) Training services.

(b) In accordance with the guidance in FAR Subpart 9.5, the Contracting Officer has determined that potentially significant organizational conflicts of interest (OCIs) could result if the Contractor is allowed to participate (at any level) in future Federal Government acquisitions that include requirements that may be established or affected by the performance of the Statement of Work (SOW) by the Contractor under this

Contract.

(c) It is understood and agreed that the Contractor may be ineligible (unless expressly exempted as provided in FAR Part 9.5) to act as a prime contractor, subcontractor, or consultant or subcontractor to any prime contractor or subcontractor at any tier, for any future requirements (for services, systems, or components of systems) procured by any Federal Government activity where the Contractor, in performance of the SOW under this Contract, has provided or is providing support (as described in FAR 9.505-1 through 9.505-4) that establishes or affects future requirements or may affect the future competition.

(d) The contracting officer responsible for securing future requirements, in his/her sole discretion, may make a determination to exempt the Contractor from ineligibility as described in subparagraph (c) above provided the

Contractor submits an acceptable mitigation plan.

(1) Items for consideration in a mitigation plan include the following: identification of the organizational conflict(s) of interest; a reporting and tracking system; an organizational conflict of interest compliance/enforcement plan, to include employee training and sanctions, in the event of unauthorized disclosure of sensitive information; a plan for organizational segregation (e.g., separate reporting chains); data security measures; and, non-disclosure agreements.

(2) The Government's determination regarding the adequacy of the mitigation plan or the possibility of mitigation is a unilateral decision made solely at the discretion of the Government and is not subject to the

Disputes clause of the contract. The Government may terminate the contract for default if the Contractor fails to implement and follow the procedures contained in any approved mitigation plan.

(3) Nothing contained herein shall preclude the contracting officer in future Federal Government acquisitions from making his/her own determination as to whether an OCI exists and whether any such OCI has been successfully mitigated.

(e) The Contractor shall apply this clause to any subcontractors or consultants who: have access to proprietary information received or generated in the performance of this Contract; and/or, who participate in the development of data, or participate in any other activity related to this Contract which is subject to the terms of this clause at the prime contractor level.

(f) The Contactor agrees that it and its subcontractors at all levels shall use reasonable diligence in protecting proprietary data/information that is received or generated in performance of this Contract in accordance with this clause and any other clause of this Contract pertaining to the nondisclosure of information. The Contractor further agrees that neither it nor its subcontractors will willfully disclose proprietary data/information that is received or generated in the performance of this Contract without the prior permission of the Contracting Officer, and that proprietary information shall not be duplicated, used or disclosed, in whole or part, for any purpose other than to accomplish the work required by the Contract.

(g) The Contractor and its Subcontractors at all levels shall inform their employees that they are required to comply with the applicable requirements and restrictions contained in: restrictive markings applicable to data/information that they receive or generate in the performance of this Contract; FAR Subpart 9.5 pertaining to actual or potential OCIs; FAR 3.104 pertaining to requirements and restrictions under the Procurement Integrity

Act; and, Defense FAR Supplement (DFARS) 252.204-7000 pertaining to “Disclosure of Information.”

(h) The Contractor agrees to enter into written agreements with all companies whose proprietary data it shall have access to and to protect such data from unauthorized use or disclosure as long as it remains proprietary. The

Contractor shall furnish to the Contracting Officer copies of these written agreements. The Contractor agrees to protect the proprietary data and rights of other organizations disclosed to the Contractor during performance of this Contract with the same caution that a reasonably prudent Contractor would use to safeguard its own highly valuable property. The Contractor agrees to refrain from using proprietary information for any purpose other than that for which it was furnished.

(i) The Contractor shall not distribute reports, data or information of any nature received or arising from its performance under this Contract, except as provided by this Contract or as may be directed by the Contracting

Officer.

(j) The Contractor agrees that if in the performance of this Contract it discovers a potential OCI, a prompt and full disclosure shall be made in writing to the Contracting Officer. This disclosure shall include a description of the actions the Contractor has taken, or proposes to take, to avoid or mitigate such conflicts.

H-5 SPECIAL CONTRACT REQUIREMENT REGARDING NON-DISCLOSURE OF

INFORMATION

Data includes all data, information and software, regardless of the medium (e.g. electronic or paper) and/or format in which the data exists, and includes data which is derived from, based on, incorporates, includes or refers to such data. In the course of performing this Contract, the Contractor may be or may have been given access to: Source Selection Information [as defined in Federal Acquisition Regulation (FAR) 3.104]; data that has been assigned (or data that is generated by the Contractor that should be assigned) a contractually required or other Government distribution control (such as a Distribution Statement prescribed in DoD Directive 5230.24);

and/or data that has been given a restrictive legend by the source of the data such as “business sensitive,”

“proprietary,” “confidential,” or word(s) with similar meaning that impose limits on the use and distribution of the data (see for example FAR 52.215-1(e)). All such data with limitations on use and distribution are collectively referred to herein as “protected data.”

This Special Contract Requirement supplements and implements Defense FAR Supplement (DFARS) 252.204-

7000, “DISCLOSURE OF INFORMATION.” As a condition to receiving access to protected data, the

Contractor shall: (1) prior to having access to protected data, obtain the agreement of the source of the protected data to permit access by the Contractor to such protected data; (2) use the protected data solely for the purpose of performing duties under this Contract unless otherwise permitted by the source of the protected data; (3) not disclose, release, reproduce or otherwise provide or make available the protected data, or any portion thereof, to any employee of the Contractor unless and until such employee has been informed of the restrictions on use and distribution of the protected data and agreed in writing to conform with the applicable restrictions; (4) not disclose, release, reproduce or otherwise provide or make available the protected data, or any portion thereof, to any non-Government person or entity (including, but not limited to, affiliates, subcontractors, successors and assignees of the Contractor), unless the Contracting Officer and the source of the protected data have given prior written approval (which shall be conditioned upon the person receiving the protected data having been informed of the restrictions on use and distribution of the protected data and having agreed in writing to conform with the applicable restrictions; (5) establish and execute safeguards to prevent the unauthorized use or distribution of protected data.

Any unauthorized use, disclosure or release of protected data may result in substantial criminal, civil and/or administrative penalties to the Contractor or to the individual who violates a restriction on use or distribution of protected data. Any agreement with another company regarding access to that company’s protected data shall not create any limitation on the Government or its employees with regard to such data. A copy of each executed company and individual non-disclosure agreement relating to this Contract shall be provided to the Contracting

Officer’s Representative (COR).

Appropriate restrictive legends will be included by the Contractor on any copies and reproductions made of all or any part of the protected data and any data that is derived from, based upon, incorporates, includes or refers to the protected data. When the Contractor’s need for such protected data ends, the protected data shall be returned promptly to the source of the protected data with notice to the COR. However, the obligation not to use, disclose, release, reproduce or otherwise provide or make available such protected data, or any portion thereof, shall continue, even after completion of the Contract, for so long as required by the terms of any agreement pertaining to the protected data between the Contractor and the source of the protected data, or (in the case of

Government information) for so long as required by applicable law and regulation. Any actual or suspected unauthorized use, disclosure, release, or reproduction of protected data or violation of this agreement, of which the company or any employee is or may become aware, shall be reported promptly (within one business day after discovery and confirmation) to the Contracting Officer’s Representative (COR).

H-6 LEVEL OF EFFORT

(a) The Contractor agrees to provide the total level of effort specified in the next sentence for performance of the work described in this contract. The level of effort for performance of this contract shall not exceed 94,080 total hours for base year and 94,080 total hours for each option year, if exercised, including subcontractor direct labor for those subcontractors specifically identified in the Contractor's proposal as having hours included in the proposed level of effort. A breakdown of labor hours is set forth in paragraph (k) below.

(b) The estimated monthly level of effort for this contract is 7,840 hours per month. It is understood and agreed that the rate of hours per 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 contract.

(c) The Contractor is required to notify the Contracting Officer when any of the following situations occur, or are anticipated to occur: If during any three consecutive months the monthly average is exceeded by 25% or, if at any time it is forecast that during the last three months of the contract less than 50% of the monthly average will be used during any given month; or, when 85% of the total level of effort has been expended.

(d) If, during the term of the contract, the Contractor finds it necessary to accelerate the expenditure of direct labor 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 hereof. 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 then 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 contract modification.

(e) The Contracting Officer may, by written order, direct the Contractor to accelerate the expenditure of direct labor such that the total hours of effort specified in paragraph (a) above 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 five days of receipt.

(f) If the total level of effort specified in paragraph (a) above is not provided by the Contractor during the term of this contract, the Contracting Officer shall either (i) reduce the fixed fee of this contract 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 paragraph (a) shall have been expended, at no increase in the fixed fee of this contract.

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

(h) Notwithstanding any of the provisions in the above paragraphs, the Contractor may furnish hours up to five percent in excess of the total hours specified in paragraph (a) above, 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 required in paragraph (a) above.

(i) It is understood that the mix of labor categories provided by the Contractor under the contract, 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.

(j) 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 clauses as incorporated herein applies to this contract.

(k) The anticipated yearly breakdown of the total level of effort is as follows:

ANTICIPATED YEARLY LABOR HOURS

YEAR BASE OY1 OY2 OY3 OY4 TOTAL

HOURS 94,080 94,080 94,080 94,080 94,080 470,400

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

52.204-5 Women-Owned Business (Other Than Small Business) OCT 2014

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

NOV 2021

52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997

52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

OCT 2022

52.222-19 (Dev) Child Labor - Cooperation with Authorities and Remedies

(DEVIATION 2020-O0019)

JAN 2022

52.223-10 Waste Reduction Program MAY 2011

52.230-6 Administration of Cost Accounting Standards JUN 2010

52.242-1 Notice of Intent to Disallow Costs APR 1984

52.244-6 Subcontracts for Commercial Products and Commercial

Services

OCT 2022

252.215-7016 Notification to Offerors--Postaward Debriefings MAR 2022

252.225-7001 Buy American And Balance Of Payments Program-- Basic JUN 2022

252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

MAY 2022

252.225-7058 Postaward Disclosure of Employment of Individuals Who

Work in the People's Republic of China

AUG 2022

252.227-7020 Rights In Special Works JUN 1995

252.227-7028 Technical Data or Computer Software Previously Delivered to the Government

JUN 1995

252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

The following have been added by full text:

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

252.235-7010 Acknowledgment of Support and Disclaimer. (MAY 1995)

(a) The Contractor shall include an acknowledgment of the Government's support in the publication of any material based on or developed under this contract, stated in the following terms: This material is based upon work supported by the [name of contracting agency(ies)] under Contract No. [Contracting agency(ies) contract number(s)].

(b) All material, except scientific articles or papers published in scientific journals, must, in addition to any notices or disclaimers by the Contractor, also contain the following disclaimer: Any opinions, findings and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the

[name of contracting agency(ies)].

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the

Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the

Contractor within 30 calendar days.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.243-7 NOTIFICATION OF CHANGES (JAN 2017)

(a) Definitions.

"Contracting Officer," as used in this clause, does not include any representative of the Contracting Officer.

"Specifically authorized representative (SAR)," as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this subparagraph and shall be issued to the designated representative before the SAR exercises such authority.

(b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the

Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing, within 15 calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate information available to the Contractor, the notice shall state--

(1) The date, nature, and circumstances of the conduct regarded as a change;

(2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct;

(3) The identification of any documents and the substance of any oral communication involved in such conduct;

(4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;

(5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including--

(i) What line items have been or may be affected by the alleged change;

(ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change;

(iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change;

(iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and

(6) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to minimize cost, delay or disruption of performance.

(c) Continued performance. Following submission of the notice required by (b) above, the Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance; provided, however, that if the Contractor regards the direction or communication as a change as described in (b) above, notice shall be given in the manner provided. All directions, communications, interpretations, orders and similar actions of the SAR shall be reduced to writing and copies furnished to the

Contractor and to the Contracting Officer. The Contracting Officer shall countermand any action which exceeds the authority of the SAR.

(d) Government response. The Contracting Officer shall promptly, within 15 calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer shall either--

(1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance;

(2) Countermand any communication regarded as a change;

(3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or

(4) In the event the Contractor's notice information is inadequate to make a decision under (1), (2), or (3) above, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.

(e) Equitable adjustments.

(1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall be made--

(i) In the contract price or delivery schedule or both; and

(ii) In such other provisions of the contract as may be affected.

(2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay resulting from the Contractor's failure to provide notice or to continue performance as provided, respectively, in (b) and (c) above.

Note: The phrases “contract price” and “cost” wherever they appear in the clause, may be appropriately modified to apply to cost-reimbursement or incentive contracts, or to combinations thereof.

52.204-7 System for Award Management OCT 2018

52.204-8 Annual Representations and Certifications MAY 2022

52.204-12 Unique Entity Identifier Maintenance OCT 2016

52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

JUN 2020

52.215-16 Facilities Capital Cost of Money JUN 2003

52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

NOV 2021

52.215-21 Alt I Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

(NOV 2021) - Alternate I

OCT 2010

52.215-21 Alt III Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

(NOV 2021) - Alternate III

OCT 1997

52.219-9 Alt I Small Business Subcontracting Plan (OCT 2022) Alternate I NOV 2016

52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2022

52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020

52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

52.223-16 Acquisition of EPEAT (R) - Registered Personal Computer

Products

OCT 2015

52.223-20 Aerosols JUN 2016

52.223-21 Foams JUN 2016

52.227-14 Rights in Data--General MAY 2014

52.227-14 Alt IV Rights in Data--General (May 2014) - Alternate IV DEC 2007

52.243-2 Alt III Changes--Cost-Reimbursement (Aug 1987) - Alternate III APR 1984

52.246-5 Inspection Of Services Cost-Reimbursement APR 1984

52.247-34 F.O.B. Destination NOV 1991

52.247-64 Preference for Privately Owned U.S. - Flag Commercial

Vessels

NOV 2021

52.252-4 Alterations in Contract APR 1984

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7010 Requirement for Contractor to Notify DoD if the Contractor's

Activities are Subject to Reporting Under the U.S.-

International Atomic Energy Agency Additional Protocol

JAN 2009

252.225-7047 Exports by Approved Community Members in Performance of the Contract

JUN 2013

252.235-7010 Acknowledgment of Support and Disclaimer MAY 1995

252.244-7001 Contractor Purchasing System Administration MAY 2014

The following were previously included by reference and are now included by full text:

52.202-1 DEFINITIONS (JUN 2020)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition

Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;

(d) The word or term is defined in FAR part 31, for use in the cost principles and procedures; or

(e) The word or term defines an acquisition-related threshold, and if the threshold is adjusted for inflation as set forth in FAR 1.109(a), then the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment; see FAR 1.109(d).

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

ATTACHMENTS

LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

Exhibit A – DD Form 1423, Contract Data Requirements List (A001-A004)

J-1 Statement of Work

J-2 Requirements for On-site Contractors

J-3 Personnel Qualifications

J-4 Cost Proposal Excel Template

J-5 Past Performance Questionnaire (Revised per RFP Amendment #1)

J-6 Small Business Participation Commitment Document (Template, Revised per Amendment #1)

J-7 Offeror Questions Submittal Form

J-8 Anticipated Distribution of Labor

J-9 Individual Subcontracting Plan Template (Revised per Amendment #1)

J-10 DD 254

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7057 Preaward Disclosure of Employment of Individuals Who

Work in the People's Republic of China

AUG 2022

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned

Aircraft Systems - Representation (DEVIATION 2020-

O0015)

MAY 2020

252.227-7028 Technical Data or Computer Software Previously Delivered to the Government

JUN 1995

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

252.225-7974 (Dev) Representation Regarding Business Operations with the

Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

52.204-8 Annual Representations and Certifications MAY 2022

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.215-16 Facilities Capital Cost of Money JUN 2003

252.215-7008 Only One Offer JUL 2019

INSTRUCTIONS

L-1 INSTRUCTIONS FOR SUBMISSION OF PROPOSALS

This acquisition is to be procured via full and open competition. There are no limitations with regard to small business.

The Offeror shall submit all information required by this solicitation. Failure to comply with the terms and conditions of the solicitation may result in the Offeror being deemed non-responsive and therefore not eligible for award.

The Offeror’s proposal 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 are required to submit a proposal encompassing all items listed in Section B of this solicitation.

The solicitation will only be made available through the Government-wide point of entry at http://www.sam.gov/.

Offerors are hereby notified that from time to time, the Government may post additional information (e.g. responses to questions, amendments, etc.) to the sam.gov webpage for this solicitation. It is the Offeror’s responsibility to check the website for any such information.

Each Offeror shall submit only one proposal which represents its best approach to meeting the requirements of the solicitation. Alternative proposals will not be accepted by the Government.

To allow for procurement lead time and the fair and equal evaluation of all proposals submitted under this competitive solicitation, all proposals shall be based on a contract start date of Government Q2FY23: March 1, 2023. This date is only an estimate of the anticipated contract start date and will be used for evaluation purposes only. A definitive start date will be incorporated upon contract award.

1.1 Background

The Government contemplates award to one (1) Offeror with a single prime contract as a result of this solicitation.

1.2 Point of Contact

Unless otherwise specified, the Naval Research Lab Procuring Contracting Officer (PCO) and the Contract

Specialist identified in Section G are the sole points of contact for this acquisition.

1.3 Solicitation Security Classification

This solicitation is unclassified.

1.4 Proposal Delivery Information

PROPOSALS ARE DUE NO LATER THAN 1500 EASTERN TIME (ET) ON FEBRUARY 1, 2023.

http://www.sam.gov/

Proposals shall be submitted in electronic format (email) to sonya.diazdeleon@nrl.navy.mil. Please note that attachments are limited to 20MB per email. If the email exceeds the limit, the proposal will need to be submitted over multiple emails. Please clearly label and number each email in the subject line.

Proposals in response to this solicitation will ONLY be accepted via electronic transmission. Any references to proposal “pages” in this section refer to the electronic version only. No paper copy proposals shall be submitted.

Proposals in response to this solicitation not received by 1500 ET on FEBRUARY 1, 2023. will be considered late, as defined by FAR 52.215-1. Timeliness of receipt of proposals will be determined based on the time of receipt at the NRL Washington, DC location.

L-2 PROPOSAL VOLUME REQUIREMENTS

This section delineates general information and requirements to be followed in the preparation of the Offeror’s proposal. An Offeror’s failure to comply with the content requirements will be considered during evaluation and will result in a lower evaluation rating or ineligibility for award.

An Offeror’s proposal shall be sufficiently detailed to enable Government Evaluation Board Members to make a thorough evaluation and sound determination as to the prospective Offeror’s ability to perform in accordance with the stated requirements based on the Offeror’s proposal submission alone.

The Offeror’s proposal shall be specific, detailed and complete so as to clearly demonstrate to the Government that the Offeror has a thorough comprehension of and capability to perform all aspects of the solicitation requirements to include but not limited to technical capability, management approach, and efficiencies, as required by the SOW and all other sections and attachments contained in the solicitation.

Offerors should assume that the Government has no prior knowledge of their knowledge, experience, or abilities and will base its evaluation on the information presented in the Offeror's proposals ONLY. The Contractor should not presume that data previously submitted, or presumed to be known (e.g., data or services previously submitted or performed for the Government), will be considered as part of the proposal. The Government does not assume the duty to search for data to cure deficiencies it finds in proposals. Failure to conform to all requirements of this solicitation may form the basis for rejection of the proposal.

General statements such as but not limited to, “the Offeror understands the method for performing the engineering efforts (or any portion thereof) and can or will comply with the requirements of the solicitation”, "the Offeror utilizes standard IT industry support methodologies” and "ensures the highest response rates” will be considered inadequate. The Offeror’s proposal must address all topics described in the following section(s).

The Proposal MUST include the following information in Volume VI to be eligible for award.

Standard Form 33 (SF 33), “Solicitation, Offer and Award,” the Offeror shall complete, sign, and submit the SF

33 with blocks 12 through 18 populated, as well as all sections with applicable fill-ins. Submission of a signed offer to the Government constitutes agreement and acceptance of the solicited terms and conditions. The representative who signs this form must be authorized to contractually bind the company providing the offer. The

Offeror must also include and acknowledge all amendments. The information contained in SF 33 is exempt from the font and spacing requirements identified under Section L, paragraph 3.1.

Sections A through K “Solicitation, Offer and Award”: Offerors must fill in all areas of the solicitation listed as

Offeror fill-ins. The information in Sections A through K is exempt from the font and spacing requirements identified under Section L(1), “Page Size and Format”.

Section B, Supplies or Services and Prices: Offerors shall complete all pricing (including Section B), including proposed costs and fees, in WHOLE DOLLARS only. The information in Section B is exempt from the font and spacing requirements identified in Section L-2(1), “Page Size and Format”.

mailto:sonya.diazdeleon@nrl.navy.mil

Small Business Subcontracting Plan, The Small Business Subcontracting Plan, if required, shall go in Volume IV.

The Offeror’s attention is directed to Section I clauses FAR 52.219-9 and DFARS 252.219-7003 entitled “Small

Business Subcontracting Plan” and FAR 52.219-16 entitled “Liquidated Damages – Small Business Subcontracting

Plan.” As prescribed in FAR 19.708, Offerors other than small business concerns shall submit a small business subcontracting plan which, once approved, shall be made part of any contract resulting from this solicitation. The information contained in the Small Business Subcontracting Plan is exempt from the font and spacing requirements identified under Section L(1), “Page Size and Format”.

The Offeror shall include a signed statement on the Offeror’s letterhead stating that the associated proposal:

a) Is for all of the requirements as stated in the solicitation (including all attachments, appendices, exhibits, and amendments);

b) Is made without qualification, condition, or exception to any terms and conditions appearing in the solicitation; and

c) Is valid for a period of one-hundred and eighty (180) days from the date established for the receipt of proposals.

PROPOSAL CONTENT:

Proposal contents that appear unreasonable, unrealistic, unsupported, unclear, and/or deficient will be evaluated in accordance with Section M.

The Offeror shall prepare the proposal as set forth in the Proposal Organization Table below. The titles and contents of the volumes shall be as defined in this table, all of which shall be within the required page limits and with the number of copies specified in the table. The contents of each proposal volume are described in the paragraphs noted in the table.

Proposal Organization

Volume # and Title File Naming Convention Section L

Reference

File

Type Page Limit

COVER LETTER Cover Letter_Company Name L-2 Word/

PDF

I - TECHNICAL PROPOSAL Volume I_Company Name L-3 Word/

PDF

75*

1. TECHNICAL UNDERSTANDING Volume I_Company Name L-3 Word/

PDF

2. PERSONNEL QUALIFICATIONS Volume I_Company Name L-3 Word/

PDF

3. MANAGEMENT CAPABILITY Volume I_Company Name L-3 Word/

PDF

II – PAST PERFORMANCE

INFORMATION

Volume II_Company Name L-4 Word/

PDF

III – SMALL BUSINESS PARTICIPATION Volume III_Company Name L-5 Word/

PDF

No Limit

Proposal Organization

Volume # and Title File Naming Convention Section L

Reference

File

Type Page Limit

IV – SMALL BUSINESS

SUBCONTRACTING PLAN

Volume IV_Company Name L-6 Word/

PDF

No Limit

V - COST PROPOSAL Volume V_Company Name L-7 Word/

PDF

No limit

V - COST SPREADSHEET (EXCEL) Volume V_Company Name L-7 Excel No limit

VI - CONTRACT INFORMATION Volume VI_Company Name L-8 Word/

PDF

No limit

*The 75-pages page count for Volume 1, Technical Proposal, is the sum of all technical factor pages: 50 for

Technical Understanding, 15 for Personnel Qualifications, and 10 for Management Capability.

(1) PAGE SIZE AND FORMAT

A page is defined as each face of a sheet of paper containing information. Page size shall be 8.5 x 11 inches. Pages shall be single spaced. Except for the reproduced sections of the solicitation document, the text size shall be no less than 12 point font and in Times New Roman. Use at least 1 inch margins on the top and bottom and each side. Pages shall be numbered sequentially by volume. These limitations shall apply to both electronic and hard copy proposals.

In the upper right header of all pages, the Offeror shall include the following information: RFP #, volume #, volume title, and page #.

Legible tables, charts graphs and figures shall be used wherever practical to depict organizations, systems and layout, implementation schedules, plans, etc. These displays shall be uncomplicated, legible, and shall not exceed 11

X 17 inches in size. Foldout pages shall fold entirely within the volume, and shall count as two pages for each side;

double sided shall count as four pages. Foldout pages may only be used for large tables, charts, graphs, diagrams and schematics not for pages of text. For tables, charts, graphs and figures the text shall be no smaller than 8 points.

These limitations shall apply to both electronic and hard copy proposals except for the Volume V – Cost

Spreadsheet (Excel). Provide Microsoft Office Excel formulas in any spreadsheets.

Within all Microsoft Excel spreadsheets, the Offeror shall use formulas and functions to the maximum extent possible and avoid using output type “value only” cells. Spreadsheets shall not be protected.

No hyperlinks shall be allowed within the proposal. Proposals shall not be supplemented by any additional package or reference documents.

(2) PAGE COUNT

Page limitations shall be treated as maximums. If exceeded, the excess pages will not be read, considered, nor included in the evaluation of the Offeror’s proposal. When both sides of a sheet display printed material, it shall be counted as two (2) pages. Each page shall be counted except for the following: cover pages, table of contents, cross reference tables, tabs, glossaries, acronym lists, subcontractor/teaming agreements, past performance questionnaires, CPARS reports, 52.219-8 and 52.219-9 compliances, transmittal letters, staffing plans, transition plans, resumes, and letter of commitments.

3) FILE NAMING CONVENTION

Offerors shall name files using the naming conventions mentioned in the Proposal Organization table above

(Volume #_Company Name). Each file must be stored in a folder that corresponds to the proposal volume it represents.