N00253-15-R-0013-0002.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 purpose of this amendment is to provide questions and answ ers regarding the solicitation; revise extended descriptions for CLINs 0001, 0002, 0003, 1001, and 2001; incorporate Draw ing 5499371 Rev B as Attachment 11 under Section J; revise the delivery schedule for CLINS 0001 and 0002, revise clauses and provisions; and extend the closing date to 16 October 2015 as described beginning on page 2.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 13

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

16C. DATE SIGNED

BY 23-Sep-2015

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 N00253-15-R-0013

X 9B. DATED (SEE ITEM 11)

21-Aug-2015

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

23-Sep-2015

CODE

NAVAL UNDERSEA WARFARE CENTER

ATTN: CINDY HARLEY

CINDY.HARLEY@NAVY.MIL

610 DOWELL ST BLDG 206

KEYPORT WA 98345-7610

N00253 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N00253-15-R-0013

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

QUESTIONS AND ANSWERS

1. Question: Will acoustic test fixture 5499371 be provided as GFE? If not, will government provide such drawing for supplier fabrication? (Ref WS 14730B, 3.5.1.3c)

Answer: No, acoustic test fixture 5499371 will not be provided as GFE. Drawing 5499371 is incorporated via Amendment 0002 to the solicitation.

2. Question: For the purposes of the solicitation are "preproduction" units considered to be the same as "first article" units? (Ref WS 14730B, Table 1)

Answer: Yes, for this purposes of this solicitation, “preproduction” units are considered the same as the “first article” units.

3. Question: Paragraph 4.1 states supplier is responsible for the performance of all inspection requirements of Table 1. Paragraph 4.3.1 states inspection at an activity designated by procuring activity. Can you please clarify who is responsible for FA testing and who is responsible for production testing? This is necessary to obtain accurate test cost quotes. (Ref WS 14730B)

Answer: The contractor is responsible for both first article testing and production testing identified in WS 14730B.

The activity designated by NUWC Division Keyport for acoustic testing is NUWC Division Newport, USRD Leesburg Facility, 27744 Bugg Spring Road, Okahumpka, FL 34762 for the first article and production units. All other testing can be performed at a facility of the contractor's choice. An alternate test facility and other changes are provided in Amendment 0002.

4. Question: Is the "periodic production test" (identified in Table 1 of WS 14730B) required for the Production units or Options 1 or Option 2 in the solicitation?

Answer: No, the periodic production test identified in Table 1 of WS 14730B is not required for the Production units or Options 1 or 2 of the solicitation. See Amendment 0002.

5. Question: There is a concern with 120 day schedule, given the material lead times and number of environmental tests and acoustic tests to be performed on the FA units. Would the government consider extending the delivery schedule? CLIN 0001, 0002 (Solicitation N00253-15-R-0013, ppg 3,5)

Answer: The delivery schedule for CLIN 0001 is revised to 180 days and CLIN 0002 to 160 days via Amendment 0002. Test Reports are due within 160 days in accordance with FAR 52.209-3.

6. Question: It is not clear from the solicitation how many acoustic tests will be needed to pass Preproduction testing in Table 1. Should all non-acoustic tests be performed sequentially and then followed by a single acoustic test? If not, how many acoustic tests are required and in what sequence? (Ref WS 14730B, Table 1)

Answer: Non-acoustic tests must be completed sequentially before performing one (1) acoustic test of the FA. ALL units must be acoustically tested and test results provided with each unit.

7. Question: Are the FA units supplied in CLIN 0001 (Solicitation N00253-15-R-0013, pg 3) the same physical units that will have undergone all Preproduction Testing? (Ref WS 14730B, Table 1)

Answer: Yes, the FA units supplied under CLIN 0001 shall be the same units that will have undergone all Pre-production testing.

8. Pursuant to the subject solicitation, page 16 of the included Attachment 5, WS14730_B2 appears to have a revised section 4.7.5.2, Pressure Test, pasted over Section 5.0, Marking. Our company would like to reference Section 5.0 to further understand the marking requirements. Is it possible to obtain a clean copy of Att. 5?

Answer: Section 5.0 Marking of WS14730_B2 is not applicable to this solicitation. Please see marking requirements in Note 4 of Drawing 2819952 and in CLIN descriptions.

9. Respectfully request an extension to the response date on the subject solicitation. An extension to 16 October 2015 is requested so that offerors may obtain multiple price and delivery quotes from qualified component and material suppliers.

Answer: The closing date is extended via Amendments 0001 and 0002.

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 14-Oct-2015 10:00 AM to 16-Oct-2015 10:00 AM.

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The CLIN extended description has partially changed as follows:

From:

Testing Requirements: The Contractor shall manufacture and provide required items to NUWC Division Newport, USRD Leesburg Facility, 27744 Bugg Spring Road, Okahumpka, FL 34762 for completion of required testing. To coordinate item testing, the Contractor shall contact the Contract Specialist at NUWC Division Keyport, for the appropriate Point of Contact (POC). After completion of item testing, test results shall be provided by the testing POC to the Technical POC at NUWC Division Keyport for review and acceptance, in accordance with the terms contained in the awarded contract. Upon receipt of notification from NUWC Keyport that the test results have been accepted, the Contractor shall ship the required items in accordance with the contract specifications/requirements.

To:

Testing Requirements: The Contractor shall manufacture and provide required items to NUWC Division Newport, USRD Leesburg Facility, 27744 Bugg Spring Road, Okahumpka, FL 34762 for completion of required testing.

Alternately testing can be completed at NUWC Newport facility, Seneca Lake Detachment C70, 50 Main Street.

Dresden, NY 14441. To coordinate item testing, the Contractor shall contact the Contract Specialist at NUWC Division Keyport, for the appropriate Point of Contact (POC). After completion of item testing, the Contractor shall provide test results to the Technical POC at NUWC Division Keyport for review and acceptance, in accordance with the terms contained in the awarded contract (see FAR 52.209-3). Upon receipt of notification from NUWC Keyport that the test results have been accepted, the Contractor shall ship the required items in accordance with the contract specifications/requirements for additional inspection/acceptance testing by NUWC Division Keyport in accordance with the requirements.

CLIN 0002

The CLIN extended description has changed as follows:

From

CDRLS - FIRST ARTICLE

CDRL A001 Test and Inspection Reports for First Articles CDRL A002 Certificates of Conformance for First Articles **REFER TO PROPOSAL SUBMITTAL REQUIREMENTS IN SECTIONS L AND M AT THE END OF THIS

DOCUMENT.**

To:

CDRLS - FIRST ARTICLE

CDRL A001 Test and Inspection Reports for First Articles due within 160 days CDRL A002 Certificates of Conformance for First Articles due within 180 days **REFER TO PROPOSAL SUBMITTAL REQUIREMENTS IN SECTIONS L AND M AT THE END OF THIS

DOCUMENT.**

CLIN 0003

From:

Certificates of Conformance and Test Results outlined in Sections 3.4 Environmental Requirements & 4.7 Preproduction Inspection of WS14730 are required with Production Units (see CLIN 0004).

Testing Requirements: The Contractor shall manufacture and provide required items to NUWC Division Newport, USRD Leesburg Facility, 27744 Bugg Spring Road, Okahumpka, FL 34762 for completion of required testing. To coordinate item testing, the Contractor shall contact the Contracts Specialist at NUWC Division Keyport, for the appropriate Point of Contact (POC). After completion of item testing, test results shall be provided by the testing POC to the Technical POC at NUWC Division Keyport for review and acceptance, in accordance with the terms contained in the awarded contract. Upon receipt of notification from NUWC Keyport that the test results have been accepted, the Contractor shall ship the required items in accordance with the contract specifications/requirements.

To:

Production units shall be delivered with Certificates of Conformance and Test Results outlined in Sections 3.4 & 4.7 of WS14730 (see CLIN 0004).

Testing Requirements: The Contractor shall manufacture and provide required items to NUWC Division Newport, USRD Leesburg Facility, 27744 Bugg Spring Road, Okahumpka, FL 34762 for completion of required testing.

Alternate testing can be completed at NUWC Newport facility, Seneca Lake Detachment C70, 50 Main Street.

Dresden, NY 14441.To coordinate item testing, the Contractor shall contact the Contract Specialist at NUWC Division Keyport, for the appropriate Point of Contact (POC). After completion of item testing, the Contractor shall provide test results to the Technical POC at NUWC Division Keyport for review and acceptance, in accordance with the terms contained in the awarded contract. Upon receipt of notification from NUWC Keyport that the test results have been accepted, the Contractor shall ship the required items in accordance with the contract specifications/requirements for additional inspection/acceptance testing by NUWC Division Keyport.

CLIN 1001

The CLIN extended description has changed partially changed as follows:

From:

Certificates of Conformance and Test Results outlined in Sections 3.4 Environmental Requirements & 4.7 Preproduction Inspection of WS14730 are required with Production Units (see CLIN 1002).

Testing Requirements: The Contractor shall manufacture and provide required items to NUWC Division Newport, USRD Leesburg Facility, 27744 Bugg Spring Road, Okahumpka, FL 34762 for completion of required testing. To coordinate item testing, the Contractor shall contact the Contracts Specialist at NUWC Division Keyport, for the appropriate Point of Contact (POC). After completion of item testing, test results shall be provided by the testing POC to the Technical POC at NUWC Division Keyport for review and acceptance, in accordance with the terms contained in the awarded contract. Upon receipt of notification from NUWC Keyport that the test results have been accepted, the Contractor shall ship the required items in accordance with the contract specifications/requirements.

To:

Production units shall be delivered with Certificates of Conformance and Test Results outlined in Sections 3.4 & 4.7 of WS14730 (see CLIN 1002).

Testing Requirements: The Contractor shall manufacture and provide required items to NUWC Division Newport, USRD Leesburg Facility, 27744 Bugg Spring Road, Okahumpka, FL 34762 for completion of required testing.

Alternate testing can be completed at NUWC Newport facility, Seneca Lake Detachment C70, 50 Main Street.

Dresden, NY 14441.To coordinate item testing, the Contractor shall contact the Contract Specialist at NUWC Division Keyport, for the appropriate Point of Contact (POC). After completion of item testing, the Contractor shall provide test results to the Technical POC at NUWC Division Keyport for review and acceptance, in accordance with the terms contained in the awarded contract. Upon receipt of notification from NUWC Keyport that the test results

CLIN 2001

From:

Certificates of Conformance and Test Results outlined in Sections 3.4 Environmental Requirements & 4.7 Preproduction Inspection of WS14730 are required with Production units (see CLIN 2002).

Testing Requirements: The Contractor shall manufacture and provide required items to NUWC Division Newport, USRD Leesburg Facility, 27744 Bugg Spring Road, Okahumpka, FL 34762 for completion of required testing. To coordinate item testing, the Contractor shall contact the Contracts Specialist at NUWC Division Keyport, for the appropriate Point of Contact (POC). After completion of item testing, test results shall be provided by the testing POC to the Technical POC at NUWC Division Keyport for review and acceptance, in accordance with the terms contained in the awarded contract. Upon receipt of notification from NUWC Keyport that the test results have been accepted, the Contractor shall ship the required items in accordance with the contract specifications/ requirements.

To:

Production units shall be delivered with Certificates of Conformance and Test Results outlined in Sections 3.4 & 4.7 of WS14730 (see CLIN 2002).

Testing Requirements: The Contractor shall manufacture and provide required items to NUWC Division Newport, USRD Leesburg Facility, 27744 Bugg Spring Road, Okahumpka, FL 34762 for completion of required testing.

Alternate testing can be completed at NUWC Newport facility, Seneca Lake Detachment C70, 50 Main Street.

Dresden, NY 14441.To coordinate item testing, the Contractor shall contact the Contract Specialist at NUWC Division Keyport, for the appropriate Point of Contact (POC). After completion of item testing, the Contractor shall provide test results to the Technical POC at NUWC Division Keyport for review and acceptance, in accordance with the terms contained in the awarded contract. Upon receipt of notification from NUWC Keyport that the test results

SECTION D - PACKAGING AND MARKING

The following included by full text have been revised:

HQ D-1-0001 PACKAGING OF DATA

Data to be delivered by Integrated Digital Environment (IDE) or other electronic media shall be as specified in the contract.

All unclassified data to be shipped shall be prepared for shipment in accordance with best commercial practice.

Classified reports, data, and documentation shall be prepared for shipment in accordance with National Industrial Security Program Operating Manual (NISPOM), DOD 5220.22-M dated 28 February 2006 with Change 1 dated 28 March 2013.

(End of Text)

SECTION E - INSPECTION AND ACCEPTANCE

The following have been deleted:

C.102 Acceptance Inspection MAR 2013

SECTION F - DELIVERIES OR PERFORMANCE

The following Delivery Schedule item for CLIN 0001 has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

120 dys. ADC 2 NAVAL UNDERSEA WARFARE CENTER

RECEIVING OFFICER

ATTN: DIVISION KEYPORT SUPPLY

OFFICER

BLDG 893

610 DOWELL STREET

KEYPORT WA 98345-7610

360 396-2760 FOB: Destination

N00253

To:

DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

180 dys. ADC 2 NAVAL UNDERSEA WARFARE CENTER

RECEIVING OFFICER

ATTN: DIVISION KEYPORT SUPPLY

OFFICER

BLDG 893

610 DOWELL STREET

KEYPORT WA 98345-7610

360 396-2760

The following Delivery Schedule item for CLIN 0002 has been changed from:

120 dys. ADC 1 NAVAL UNDERSEA WARFARE CENTER

RECEIVING OFFICER

ATTN: DIVISION KEYPORT SUPPLY

OFFICER

BLDG 893

610 DOWELL STREET

KEYPORT WA 98345-7610

360 396-2760

To:

180 dys. ADC 1 NAVAL UNDERSEA WARFARE CENTER

RECEIVING OFFICER

ATTN: DIVISION KEYPORT SUPPLY

OFFICER

BLDG 893

610 DOWELL STREET

KEYPORT WA 98345-7610

360 396-2760

SECTION I - CONTRACT CLAUSES

The following have been added by full text:

52.209-3 FIRST ARTICLE APPROVAL--CONTRACTOR TESTING (SEP 1989)

[Contracting Officer shall insert details]

(a) The Contractor shall test 2 unit(s) of Lot/Item 0001 as specified in this contract. At least (N/A) calendar days before the beginning of first article tests, the Contractor shall notify the Contracting Officer, in writing, of the time and location of the testing so that the Government may witness the tests.

(b) The Contractor shall submit the first article test report within 160 calendar days from the date of this contract to Receipt Control, Bldg. 893, 610 Dowell Street, Naval Undersea Warfare Center Division, Keyport marked "FIRST ARTICLE TEST REPORT: Contract No. TBD, Lot/Item No. 0002" Within 10 calendar days after the Government receives the test report, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor.

A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall repeat any or all first article tests. After each request for additional tests, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall then conduct the tests and deliver another report to the Government under the terms and conditions and within the time specified by the Government. The Government shall take action on this report within the time specified in paragraph

(b) above. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule, or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article report on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, and if the approved first article is not consumed or destroyed in testing, the Contractor may deliver the approved first article as part of the contract quantity if it meets all contract requirements for acceptance.

(f) If the Government does not act within the time specified in paragraph (b) or (c) above, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

(h) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the offeror/contractor and have been accepted by the Government. The offeror/contractor may request a waiver.

(End of clause)

The following have been deleted:

52.209-4 Alt I First Article Approval-Government Testing (Sep 1989)

Alternate I

JAN 1997

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

The following have been modified:

HQ J-2-0002 CONTRACT LANGUAGE FOR SECTION J

The following document(s), exhibit(s), and other attachment(s) form a part of this contract:

Within this Solicitation Document:

Attachment 1: Past Performance Reference Information Worksheet

In the Technical Data Package (TDP) posted to www.fbo.gov:

Attachment 2: Drawing 2819952-1, Rev AM Attachment 3: Drawing 3136311 REV A Attachment 4: Drawing 6146423 No REV Attachment 5: Warfare Specification (WS) 14730 Attachment 6: Reference Documents for Assembly, 2819952-1 Attachment 7: Assembly Level Baseline with Drawing Reference, 2819952-1 Attachment 8: Assembly Level Baseline Sequential, 2819952-1 Attachment 11: Drawing 5499371 Rev B Exhibit A001 – A004Contract Data Requirements List, DD Form 1423 –;

Posted to www.fbo.gov:

Attachment 9: Department of Defense Contract Security Classification Specification DD Form 254

Available via the link provided:

Attachment 10: NAVSEA NUWC Division Keyport, OPSEC Guide For Defense Contractors (Incorporated by reference) Document can be downloaded from http://www.navsea.navy.mil/Home/WarfareCenters/NUWCKeyport/Resources.aspx Click on OPSEC Guide For Defense Contractors.

(End of Text)

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

The following have been added by full text:

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS

(AUG 2015)

(a) Definitions. As used in this provision--

Controlled technical information, covered contractor information system, and covered defense information defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

(b) The security requirements required by contract clause 252.204-7012, Covered Defense Information and Cyber Incident Reporting, shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.

(c) If the Offeror proposes to deviate from any of the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations, http://dx.doi.org/10.6028/NIST.SP.800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD CIO, a written explanation of--

(1) Why a particular security requirement is not applicable; or

(2) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.

(d) An authorized representative of the DoD CIO will approve or disapprove offeror requests to deviate from NIST SP 800-171 requirements in writing prior to contract award. Any approved deviation from NIST SP 800-171 shall be incorporated into the resulting contract.

(End of provision)

The following included by full text have been revised:

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) - ALTERNATE I (SEPT 2015)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is ___ (insert NAICS code).

(2) The small business size standard is ___ (insert size standard).

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) Representations. (1) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)

The offeror represents, for general statistical purposes, that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)

The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (b)(3) of this provision.] The offeror represents as part of its offer that--

(i) It ( ___ ) is, ( ___ ) is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ---- ___ ------.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (b)(4) of this provision.] The offeror represents as part of its offer that--

(i) It ( ___ ) is, ( ___ ) is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ----- ___ -----.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)

The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(7) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(6) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It ( ___ ) is, ( ___ ) is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It ( ___ ) is, ( ___ ) is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(8)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: ___ .) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(9) (Complete if offeror represented itself as disadvantaged in paragraph (c)(2) of this provision.) The offeror shall check the category in which its ownership falls:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(c) Definitions. As used in this provision--

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern," means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern," means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall--

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

(End of provision)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been modified:

HQ L-2-0003 FACILITY SECURITY CLEARANCE (NAVSEA) (APR 2015)

(a) No award will be made to any offeror which does not possess a facility security clearance issued by the Defense Security Service at the CONFIDENTIAL level. Naval Sea Systems Command will initiate appropriate security clearance action for any apparent successful offeror which does not already possess such clearance. The Government is not obligated to delay award pending security clearance of any offeror.

(b) The security classification of this procurement is specified in the Contract Security Classification Specification, DD Form 254, attached hereto.

(End of Provision)

(End of Summary of Changes)