N00174-15-R-0017_Amendment_0003.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

The purpose of this modification is to 1) Add Not to Exceed Shipping CLINS, 2) Change the Statement of Work, 3) Revise and incorporate clauses, and 4) Provide answers to submitted questions as follows:

1. Shipping CLINS are hereby added.

Lot

SHIPPING COSTS - BASE YEAR

FFP

INERT ITEMS ONLY

FOB: Destination

NOT-TO-EXCEED AMOUNT - $250,000.00

MAX

NET AMT

Lot

FFP

INERT ITEMS ONLY

MAX

Lot

FFP

INERT ITEMS ONLY

MAX

Lot

INERT ITEMS ONLY

NET AMT

Lot

FFP

INERT ITEMS ONLY

MAX

2. The statement of work is hereby changed to read as follows:

STATEMENT OF WORK

FOREIGN MATERIEL ACQUISITION AND

RELATED TECHNICAL SUPPORT

SECTION ONE: SCOPE

1.0 INTRODUCTION

Located on the Potomac River in Indian Head, Maryland, the Naval Surface Warfare Center, Indian Head Explosive Ordnance Disposal Technology Division (NSWC IHEODTD) supports Research, Development, Test and Evaluation (RDT&E) for weapon systems development associated with all aspects of naval warfare including mine warfare systems, naval special warfare systems, amphibious/expeditionary maneuver warfare systems, and other missions that are assigned by Commander, Naval Surface Warfare Center.

The United States Navy, Naval Sea Systems Command (NAVSEA), the Mine Warfare Program Office (PMS495), acting through NSWC IHEODTD has requirements to develop a weapons system acquisition/procurement program that provides land and underwater weapons systems (including authentic foreign mines) for RDT&E of land and underwater systems and mine countermeasures systems. The requirement is for authentic land and underwater weapons systems and weapons systems components including (but not limited to) land, surf zone, very shallow water, shallow water and deep water mines, and also for technical expertise in development and testing of land and underwater weapons and weapons systems. This type of acquisition requires dedicated and experienced personnel with broad and specific Naval ordnance background, as well as prior experience with Department of Defense (DoD) acquisition protocols. In addition, it is essential that personnel are well versed in the processes and methods involved in the logistics of certifying and transporting energetic materiel and ordnance items from Outside the Continental United States (OCONUS) locations to Continental United States (CONUS) locations.

1.1

SCOPE

This is an RDT&E effort and the Contractor shall be responsible for all aspects of underwater weapons systems and underwater weapons systems components procurement including coordinating transportation and inspection of the underwater weapons systems/components with the Hazardous Materials Transportation Office (HMTO). In addition, the Contractor shall provide science and technology (S&T) experts and equipment, modeling, testing, training, site operation, instrumentation, analysis, evaluations, and systems engineering support as needed.

The Contractor shall advise and assist the Government, but shall not make final decisions or certifications on behalf of the Government nor perform any inherently governmental functions. The Contractor or its employees shall not represent the Government nor appear to represent the Government in performance of these contract services. At all times, Contractor personnel shall wear appropriate identification identifying themselves as Contractor personnel. At all meetings, conferences, or sessions with the Government personnel, Contractor personnel shall clearly identify their status as Contractor employees. All reports delivered under this contract are property of the U. S. Government.

1.2

KEY PERSONNEL REQUIREMENTS

The Contractor shall provide a suitable mix of personnel with the education and demonstrated skills and experience necessary to perform the tasks described in the SOW. The key personnel requirements are for a Program Manager and Senior Engineer. Resumes will be required for all key personnel.

Key labor descriptions and qualifications are identified in Section C, Clause IHEODTD17.

1.3

TRAVEL

The Contractor may be required to travel within CONUS and OCONUS in performance of this contract, in accordance with FAR 31.205-46 “Travel Costs” and the Joint Travel Regulations (JTR). All travel shall be pre-approved by the technical point of contact.

1.4

SECURITY REQUIREMENTS

The Contractor must have a SECRET facility security clearance. The Program Manager working under this contract is required to have and maintain a SECRET security clearance. DD-254 will be provided.

SECTION TWO:

APPLICABLE DOCUMENTS

Any applicable DOD Instruction will be provided with each delivery order issued.

SECTION THREE: REQUIREMENTS

The Contractor shall furnish all services, materials, and equipment except those to be provided as Government Furnished Information (GFI).

3.1

KICKOFF MEETING

There shall be a Government/Contractor Kickoff Meeting to establish Government/Contractor interfaces within 15 days after issuance of delivery order, or as mutually agreed to by the Government and the Contractor. The anticipated meeting objectives shall include a face to face meeting between key personnel, team introduction, general program discussions, as well as more specific information in regards to the programs the contract supports. The Contractor shall document meeting minutes for Government review and approval within 10 business days from the completion of the meeting (CDRL A001).

3.2

REQUIREMENTS

3.2.1 UNDERWATER WEAPONS SYSTEMS AND UNDERWATER WEAPONS SYSTEMS COMPONENTS ACQUISITION SUPPORT The Contractor shall provide underwater weapons systems and underwater weapons systems components acquisition support. The Government anticipates that identified items will be procured from, but not limited to, the following countries: Bulgaria, Ukraine, Poland, Italy, and Montenegro. The acquisition tasking will include the following:

· Locate potential suppliers, negotiate with the potential suppliers, arrange government attended supplier site visits for negotiations, and provide cost estimates for the desired items;

· Purchase/acquire the desired items by contracting with the suppliers for the acquisition of underwater weapons systems and underwater weapons systems components;

· Authenticate the purchased items, deliver to the continental United States, and arrange government attended progress inspections and final inspections with the suppliers for underwater weapons systems including (but not limited to) identified/named LIVE, fully functional “war shot” mines and/or fuzes, and/or INERT/energetics-free mines and/or fuzes from country of origin.

· Ensure the underwater weapons systems and underwater weapons systems components are in stable condition with no energetics exuding from the containers. Mines and fuzes may be newly produced, or can be from existing inventories – as specified by the contracting authority;

· Obtain official export licenses from the governments of the countries of manufacture;

· Obtain documentation for the purchased items if available or negotiable (technical manuals, instruction manuals, user manuals, etc.

Required Licenses/Permits:

· U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Firearms License (FFL), Class 11 (Importer of Destructive Devices)

3.2.2

LOGISTICS SUPPORT

The Contractor shall provide personnel with in-depth knowledge of DoD procurement practices and international energetic material transportation and shipping, who are able to plan and execute procurement and all related transportation documentation. The Contractor shall have complete understanding of the DoD international and domestic transportation of hazardous materials. All shipping and handling of LIVE acquisition items will be coordinated with HMTO. Shipping and handling of INERT acquisition items will be coordinated either through HMTO or another shipper contracted, arranged and coordinated by the contractor, this to be at the US governments discretion. The Contractor must be able to obtain a "safe-to-ship" certification from HMTO personnel or appropriate authority for LIVE acquisition items, and provide all other necessary certifications to safely and legally transport all foreign underwater weapons systems and underwater weapons systems components purchased to the United States.

The Contractor must provide copies of all certifications and licenses/permits required.

3.2.3

ADMINISTRATIVE SUPPORT

The Contractor shall provide administrative support capable of direct communication with the supplying company, to guarantee timely turnaround, as well as coordination with Government personnel abroad.

4.0

REPORTING REQUIREMENTS:

4.1

MONTHLY PROGRESS REPORTS

The Contractor shall prepare and submit monthly progress reports in accordance with CDRL A002.

3. The following clauses have been incorporated or revised.

SECTION B – SUPLLIES OR SERVICES AND PRICES

HQ B-2-0015 - PAYMENTS OF FEE(S) (LEVEL OF EFFORT) (NAVSEA) (MAY 1993)

PRIVATE

(a) For purposes of this contract, "fee" means "target fee" in cost-plus-incentive-fee type contracts, "base fee" in cost-plus-award-fee type contracts, or "fixed fee" in cost-plus-fixed-fee type contracts for level of effort type contracts.

(b) The Government shall make payments to the Contractor, subject to and in accordance with the clause in this contract entitled "FIXED FEE" (FAR 52.216-8) or "INCENTIVE FEE", (FAR 52.216-10), as applicable. Such payments shall be equal to zero (0) percent 85%) of the allowable cost of each invoice submitted by and payable to the Contractor pursuant to the clause of this contract entitled "ALLOWABLE COST AND PAYMENT" (FAR 52.216-7), subject to the withholding terms and conditions of the "FIXED FEE" or "INCENTIVE FEE" clause, as applicable (percentage of fee is based on fee dollars divided by estimated cost dollars, including facilities capital cost of money). Total fee(s) paid to the Contractor shall not exceed the fee amount(s) set forth in this contract.

(c) The fee(s) specified in SECTION B, and payment thereof, is subject to adjustment pursuant to paragraph (g) of the special contract requirement entitled "LEVEL OF EFFORT." If the fee(s) is reduced and the reduced fee(s) is less than the sum of all fee payments made to the Contractor under this contract, the Contractor shall repay the excess amount to the Government. If the final adjusted fee exceeds all fee payments made to the contractor under this contract, the Contractor shall be paid the additional amount, subject to the availability of funds. In no event shall the Government be required to pay the Contractor any amount in excess of the funds obligated under this contract at the time of the discontinuance of work.

(d) Fee(s) withheld pursuant to the terms and conditions of this contract shall not be paid until the contract has been modified to reduce the fee(s) in accordance with the "LEVEL OF EFFORT" special contract requirement, or until the Procuring Contracting Officer has advised the paying office in writing that no fee adjustment is required.

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015)

Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:

(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:

(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.

(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies to solicitations with a value expected to exceed the simplified acquisition threshold.

(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities--Representations. Applies to solicitations for the acquisition of commercial satellite services.

(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vii) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.

(viii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.

(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

X (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.

____ (iii) 252.225-7020, Trade Agreements Certificate.

____ Use with Alternate I.

____ (iv) 252.225-7031, Secondary Arab Boycott of Israel.

X (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below ____ [offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.

(End of provision)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been added by full text:

52.232-13 NOTICE OF PROGRESS PAYMENTS (APR 1984)

The need for customary progress payments conforming to the regulations in Subpart 32.5 of the Federal Acquisition Regulation (FAR) will not be considered as a handicap or adverse factor in the award of the contract. The Progress Payments clause included in this solicitation will be included in any resulting contract, modified or altered if necessary in accordance with subsection 52.232-16 and its Alternate I of the FAR. Even though the clause is included in the contract, the clause shall be inoperative during any time the contractor's accounting system and controls are determined by the Government to be inadequate for segregation and accumulation of contract costs.

(End of clause)

4. The following answers are provided for questions submitted.

Question 1: In light of long foreign manufacturers/suppliers lead times, will the Government allow the use of progress payments against specific process completion milestones?

Answer 1: Offerors are invited to propose contract financing, but the preferred method is progress payments.

Question 2: Does the Government intend to replace the statement “…equal to zero (0) percent (0%) of the allowable cost…” with the appropriate IDIQ or Task Order value award fee or incentive fee value awarded?

Answer 2: The statement will be changed to equal to eighty-five percent (85%).

Question 3: Section C references CDRLS A001 –A003 however the CDRLS provided in reference 2 include three copies of A001. Request the government provide CDRLS a A002 and A003.

Answer 3: All CDRLs will be updated and attached in FBO.

Question 4: Please confirm that both clauses are indeed applicable to this solicitation.

Answer 4: Both clauses are applicable and have been checked in the applicable clause.

Question 5: Request the government clarify proposal submission instruction for delivery by mail (point of contact, phone, address, building number, etc.) and instruction for hand delivery.

Answer 5: Delivery by Mail

NSWC IHEODTD

Attn: Yolanda Riley

4072 N. Jackson Road, Ste 118

Indian Head, MD 20640

If you are hand delivering the proposal, please schedule a date and time with Yolanda Riley (301) 744-6656 or yolanda.riley@navy.mil. The pick-up location will be at the Indian Head Pass and ID Office.

Question 6: We encourage the government to consider a 14-day extension to provide offerors adequate time to properly respond to the forth coming amendment and answers to questions.

Answer 6: The 14 day extension will not be granted.

Question 7: Since this is an IDIQ contract and staffing requirements will be specific to task orders request are we correct that the personnel detailed in the staffing plan are limited to the positions describe in Table 1?

Answer 7: Yes, the staffing plan are limited to the positions describe in Table 1.

Question 8: Will the government accept an employee’s personal relevant experience as a contractor from a small business if no actual relevant past performance contract exists?

Answer 8: No, the government will not accept an employee’s personal relevant experience as a contractor from a small business if no actual relevant past performance contract exists.

Question 9: Are these reports required only for those programs for which we are submitting past performance references/narratives?

Answer 9: NO

Question 10: Since two personnel are designated key are we correct that if one key person is a contingent hire that this would not be evaluated as a higher risk, and would not be a weakness in the Offeror’s proposal.

Answer 10: Refer to IHEODTD 196 - LEVEL OF EFFORT - FOR EVALUATION PURPOSES ONLY (NAVSEA/NSWC IHEODTD) (OCT 2013) Subfactor 1- Facility Security Clearance/Personnel Resources Offerors that propose 50% of personnel as contingent hires will be evaluated as a higher risk, and therefore a weakness in the Offeror’s proposal.

5. All other terms and conditions remain the same.

6. Direct all questions and concerns to Yolanda Riley on 301-744-6656 or email: yolanda.riley@navy.mil