N6339419R0017-Amendment_0003.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: (1) provide responses to additional industry questions received to date; (2) revise Amendment 0002 responses to clarify that the GFM to be provided; (3) clarify the required delivery schedules; (4) define the minimum and maximum quantities for each production CLIN; and (5) replace FAR 52.209-3 Alternate I w ith FAR 52.209-3 Alternate II.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 11

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

16C. DATE SIGNED

BY 30-Jul-2019

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N6339419R0017

X 9B. DATED (SEE ITEM 11)

11-Jul-2019

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X 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

30-Jul-2019

CODE

NSWC PHD 022

4363 MISSILE WAY

PORT HUENEME CA 93043

N63394 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N6339419R0017

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0003 Q&A

QUESTION #1: Based on the additional quantity complexities outlined within Amendment 0001 of the solicitation, the Offeror respectfully requests an extension to the solicitation response period until 27 October 2019.

RESPONSE: The proposal due date remains unchanged.

QUESTION #2: Is it the intention of NSWC PHD to receive the production units (40 Wks) after the completion of First Article? Or to receive the required production units at the same time the First Article Unit is completed? In the event of the latter, shall the Offeror assume a waived First Article requirement or will the FAR 52.209-3 First Article Approval-Contractor Testing Alternate II (Sept 1989) be added to the solicitation to allow the contract to meet this requirement?

RESPONSE: The contractor is required to deliver the first six production units under SLIN 0003AA at the same time the First Article Unit is delivered (i.e., 40 weeks ADC). The contractor shall deliver subsequent production units under SLIN 0003AA at a rate of six units per month (four weeks) until all of the quantities ordered under SLIN 0003AA have been delivered. For example, if the Government orders the maximum quantity of 54 production units under SLIN 0003AA, the contractor will be required to deliver the first six units within 40 weeks ADC, the second six units 44 weeks ADC, the next six units 48 weeks ADC, and so forth until all 54 units have been delivered. FAR 52.209-3 (Alternate I) has been removed and replaced with FAR 52.209- 3 (Alternate II). The contract awardee is authorized to commence production to the extent essential to meet the delivery schedules in accordance with FAR 52.209-3 (Alternate II).

QUESTION #3: In regard to the base CLIN 0003AA, will the current delivery date (40 Wks. ADC) be adjusted to accommodate the required First Article Test Period and to allow adequate production time for the remaining units under the CLIN?

RESPONSE: The contractor is required to deliver the first six production units under SLIN 0003AA at the same time the First Article Unit is delivered (i.e., 40 weeks ADC). The contractor shall deliver subsequent production units under SLIN 0003AA at a rate of six units per month (four weeks) until all of the quantities ordered under SLIN 0003AA have been delivered. For example, if the Government orders the maximum quantity of 54 production units under SLIN 0003AA, the contractor will be required to deliver the first six units within 40 weeks ADC, the second six units 44 weeks ADC, the next six units 48 weeks ADC, and so forth until all 54 units have been delivered. FAR 52.209-3 (Alternate I) has been removed and replaced with FAR 52.209- 3 (Alternate II). The contract awardee is authorized to commence production to the extent essential to meet the delivery schedules in accordance with FAR 52.209-3 (Alternate II).

The following have been modified:

AMENDMENT 0002 Q&A

QUESTION #1: Upon review of the top level drawing PN 7104340 and provided NORs there appear to be missing documents. NORs 031, 032, 037, 040 and 042 were not included with TDP. Please confirm if these NORs were intentionally left out.

RESPONSE: NORs 031, 032, 037, 040, and 042 are not required. The Government will provide the Control Modules required by LSEQ drawing 7104340 Find Numbers 3 and 4 as GFP to the contract awardee.

Attachment J-3 has been revised to include those Control Modules.

QUESTION #2: With regard to response on Question #3 from Amendment 0001; The interpretation is NSWC PHD intends to order the launch sequencer less the CCM and HCM modules, how will the deliverable sequencer meet the FAT requirement short these modules? Is the Government providing them as test assets to test sequencers? This was not listed in the GFP list.

RESPONSE: The Government will provide the Control Modules required by LSEQ drawing 7104340 Find Numbers 3 and 4 as GFP to the contract awardee. Attachment J-3 has been revised to include those Control Modules.

QUESTION #3: The top level test requirement WS20336 for the solicitation seems to be missing. Can we get assistance in obtaining this document, please?

RESPONSE: The drawing will be provided to all JCP-registered requestors via AMRDEC SAFE.

QUESTION #4: Several drawings contain proprietary markings and instructions to contact the contractor point of contact to obtain copies of the drawings. Please provide an updated point of contact that can provide the missing information. Examples of these drawings are:

8591694_NOR 001 (MVLS2-4068).docx 8591694rev-.docx 8591694rev-PL.docx 8591696_NOR 001 (MVLS2-4071).docx 8591696rev-.docx 8591696rev-PL.docx

RESPONSE: Drawings related to the Control Modules required by LSEQ drawing 7104340 Find Numbers 3 and 4 are not required. The Government will provide the Control Modules as GFP to the contract awardee.

Attachment J-3 has been revised to include the Control Modules. Required drawings will be provided to all JCP-registered requestors via AMRDEC SAFE. Please direct all inquiries regarding this solicitation to the Contracting Officer, Michael Thompson, at michael.d.thompson4@navy.mil and Contract Specialist, Jason Tsao, at jason.tsao@navy.mil.

SECTION B - SUPPLIES OR SERVICES AND PRICES

SUBCLIN 0003AA

The CLIN extended description has changed from:

See Note A regarding stepladder pricing and maximum quantities applicable to this CLIN.

To:

See Note A regarding stepladder pricing applicable to this CLIN. A minimum quantity of one production unit and a maximum quantity of 54 production units may be ordered under CLIN 0003.

The pricing detail quantity has decreased by 92.00 from 146.00 to 54.00.

The stepladder pricing structure has changed from:

STEPLADDER NAME ITEM NO FROM QUANTITY TO QUANTITY UNIT PRICE

MK 5 MOD 2 Production 0003AA 1.00 17.00

18.00 54.00

55.00 146.00

To:

STEPLADDER NAME ITEM NO FROM QUANTITY TO QUANTITY UNIT PRICE

MK 5 MOD 2 Production (Base)

0003AA 1.00 6.00

7.00 12.00

13.00 18.00

19.00 54.00

SUBCLIN 0004AA

See Note A regarding stepladder pricing applicable to this CLIN. A minimum quantity of one production unit and a maximum quantity of 50 production units may be ordered under CLIN 0004.

The pricing detail quantity has decreased by 96.00 from 146.00 to 50.00.

The stepladder pricing structure has changed from:

STEPLADDER NAME ITEM NO FROM QUANTITY TO QUANTITY UNIT PRICE

MK 5 MOD 2 Production 0004AA 1.00 17.00

18.00 54.00

55.00 146.00

To:

STEPLADDER NAME ITEM NO FROM QUANTITY TO QUANTITY UNIT PRICE

MK 5 MOD 2 Production (Option 1)

0004AA 1.00 6.00

7.00 12.00

19.00 50.00

SUBCLIN 0005AA

See Note A regarding stepladder pricing applicable to this CLIN. A minimum quantity of one production unit and a maximum quantity of 18 production units may be ordered under CLIN 0005.

The pricing detail quantity has decreased by 128.00 from 146.00 to 18.00.

The stepladder pricing structure has changed from:

STEPLADDER NAME ITEM NO FROM QUANTITY TO QUANTITY UNIT PRICE

MK 5 MOD 2 Production 0005AA 1.00 17.00

18.00 54.00

55.00 146.00

To:

STEPLADDER NAME ITEM NO FROM QUANTITY TO QUANTITY UNIT PRICE

MK 5 MOD 2 Production (Option 2)

0005AA 1.00 6.00

7.00 12.00

SUBCLIN 0006AA

See Note A regarding stepladder pricing applicable to this CLIN. A minimum quantity of one production unit and a maximum quantity of 12 production units may be ordered under CLIN 0006.

The pricing detail quantity has decreased by 134.00 from 146.00 to 12.00.

The stepladder pricing structure has changed from:

STEPLADDER NAME ITEM NO FROM QUANTITY TO QUANTITY UNIT PRICE

MK 5 MOD 2 Production 0006AA 1.00 17.00

18.00 54.00

55.00 146.00

To:

STEPLADDER NAME ITEM NO FROM QUANTITY TO QUANTITY UNIT PRICE

MK 5 MOD 2 Production (Option 3)

0006AA 1.00 6.00

SUBCLIN 0007AA

See Note A regarding stepladder pricing applicable to this CLIN. A minimum quantity of one production unit and a maximum quantity of 12 production units may be ordered under CLIN 0007.

The pricing detail quantity has decreased by 134.00 from 146.00 to 12.00.

The stepladder pricing structure has changed from:

STEPLADDER NAME ITEM NO FROM QUANTITY TO QUANTITY UNIT PRICE

MK 5 MOD 2 Production 0007AA 1.00 17.00

18.00 54.00

55.00 146.00

To:

STEPLADDER NAME ITEM NO FROM QUANTITY TO QUANTITY UNIT PRICE

MK 5 MOD 2 Production (Option 4)

0007AA 1.00 6.00

The following have been modified:

NOTE A

NOTE C - Stepladder Pricing. Stepladder pricing is utilized in this solicitation to provide Offerors an opportunity to propose different pricing for separate and distinct quantity ranges within each CLIN. Pricing utilized at basic contract award and option exercise shall be based solely on the pricing proposed by the Offeror in Section B of their submitted Standard Form (SF) 33. Notwithstanding the availability of the option to propose different pricing for different quantities, the Offeror may propose the same price for multiple quantities.

For all option CLINs with stepladder pricing, the Government may unilaterally exercise a given line item more than once prior to the latest option exercise date identified in clause FAR 52.217-7 (see Section I, below). Option CLINs with stepladder pricing may be exercised until the total quantity purchased equals the maximum quantity listed for that option CLIN in Section B.

If any line item is exercised more than once within a 60-day period, the unit price shall be adjusted to reflect the appropriate stepladder unit price for the entire quantity purchased within that 60-day period. The following hypothetical example illustrates how pricing will be adjusted for option CLIN 0004 if the line item is unilaterally exercised more than once within a 60-day period:

For the purposes of this example, assume the following stepladder pricing:

o Quantity 1-6 = $100 o Quantity 7-12 = $90

At first option exercise, $200 is obligated to subline item (SLIN) 0004AA to provide funds to acquire a quantity of two at a unit cost of $100.

2 * $100 = $200

A second option is exercised within 60 days of the first option, obligating $720 to SLIN 0004AB to provide funds to acquire an additional six units at a unit cost of $90 for a total quantity of eight units, inclusive of the two units purchased under SLIN 0004AA.

8 * $90 = $720

In order to provide for a total extended price of $900 without altering the unit pricing of the first option exercise, the unit cost for SLIN 0004AB is adjusted downward to $87.50.

($900 - $200) / 8 = $87.50

Following exercise of our first two options for CLIN 0004, our contract CLIN structure for CLIN 0004 is as follows:

CLIN SLIN UNIT COST QUANTITY EXTENDED PRICE FUNDED AMOUNT

0004 $90.00 10 $900 $1,620

0004 AA $100.00 2 $200 $200

0004 AB $87.50 8 $700 $700

(End of Text)

SECTION F - DELIVERIES OR PERFORMANCE

The following Delivery Schedule item for SUBCLIN 0003AA has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

40 wks. ADC 146 NAVAL SURFACE WARFARE CENTER

RECEIVING OFFICER

PORT HUENEME DIVISON, BLDG 435

4363 MISSILE WAY

PORT HUENEME CA 93043-4307

805-228-6200 FOB: Origin (Shipping Point)

N63394

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

40 wks. ADC 54 NAVAL SURFACE WARFARE CENTER

RECEIVING OFFICER

PORT HUENEME DIVISON, BLDG 435

4363 MISSILE WAY

PORT HUENEME CA 93043-4307

805-228-6200

The following Delivery Schedule item for SUBCLIN 0004AA has been changed from:

CAGE

40 wks. AOE 146 NAVAL SURFACE WARFARE CENTER

RECEIVING OFFICER

PORT HUENEME DIVISON, BLDG 435

4363 MISSILE WAY

PORT HUENEME CA 93043-4307

805-228-6200

CAGE

40 wks. AOE 50 NAVAL SURFACE WARFARE CENTER

RECEIVING OFFICER

PORT HUENEME DIVISON, BLDG 435

4363 MISSILE WAY

PORT HUENEME CA 93043-4307

805-228-6200

The following Delivery Schedule item for SUBCLIN 0005AA has been changed from:

CAGE

40 wks. AOE 146 NAVAL SURFACE WARFARE CENTER

RECEIVING OFFICER

PORT HUENEME DIVISON, BLDG 435

4363 MISSILE WAY

PORT HUENEME CA 93043-4307

805-228-6200

CAGE

40 wks. AOE 18 NAVAL SURFACE WARFARE CENTER

RECEIVING OFFICER

PORT HUENEME DIVISON, BLDG 435

4363 MISSILE WAY

PORT HUENEME CA 93043-4307

805-228-6200

The following Delivery Schedule item for SUBCLIN 0006AA has been changed from:

CAGE

40 wks. AOE 146 NAVAL SURFACE WARFARE CENTER

RECEIVING OFFICER

PORT HUENEME DIVISON, BLDG 435

4363 MISSILE WAY

PORT HUENEME CA 93043-4307

805-228-6200

CAGE

40 wks. AOE 12 NAVAL SURFACE WARFARE CENTER

RECEIVING OFFICER

PORT HUENEME DIVISON, BLDG 435

4363 MISSILE WAY

PORT HUENEME CA 93043-4307

805-228-6200

The following Delivery Schedule item for SUBCLIN 0007AA has been changed from:

CAGE

40 wks. AOE 146 NAVAL SURFACE WARFARE CENTER

RECEIVING OFFICER

PORT HUENEME DIVISON, BLDG 435

4363 MISSILE WAY

PORT HUENEME CA 93043-4307

805-228-6200

CAGE

40 wks. AOE 12 NAVAL SURFACE WARFARE CENTER

RECEIVING OFFICER

PORT HUENEME DIVISON, BLDG 435

4363 MISSILE WAY

PORT HUENEME CA 93043-4307

805-228-6200

DELIVERY SCHEDULES

SLIN 0001AA: The contractor shall deliver the first article unit ordered under this SLIN within 40 weeks after contract award (ADC).

SLIN 0003AA: The contractor shall deliver the first six production units ordered under this SLIN within 40 weeks ADC. The contractor shall deliver subsequent production units at a rate of six units per month (four weeks) until all of the quantities ordered under this SLIN have been delivered. For example, if the Government orders the maximum quantity of 54 production units under this SLIN, the contractor will be required to deliver the first six units within 40 weeks ADC, the second six units 44 weeks ADC, the next six units 48 weeks ADC, and so forth until all 54 units are delivered.

SLIN 0004AA: The contractor shall deliver the first six production units ordered under this SLIN within 40 weeks after option exercise (AOE). The contractor shall deliver subsequent production units at a rate of six units per month (four weeks) until all of the quantities ordered under this SLIN have been delivered. For example, if the Government orders the maximum quantity of 50 production units under this SLIN, the contractor will be required to deliver the first six units within 40 weeks ADC, the second six units 44 weeks ADC, the next six units 48 weeks ADC, and so forth until all 50 units are delivered.

SLIN 0005AA: The contractor shall deliver the first six production units ordered under this SLIN within 40 weeks AOE. The contractor shall deliver subsequent production units at a rate of six units per month (four weeks) until all of the quantities ordered under this SLIN have been delivered. For example, if the Government orders the maximum quantity of 18 production units under this SLIN, the contractor will be required to deliver the first six units within 40 weeks AOE, the second six units 44 weeks AOE, and the final six units 48 weeks AOE.

SLIN 0006AA: The contractor shall deliver the first six production units ordered under this SLIN within 40 weeks AOE. The contractor shall deliver subsequent production units at a rate of six units per month (four weeks) until all of the quantities ordered under this SLIN have been delivered. For example, if the Government orders the maximum quantity of 12 production units under this SLIN, the contractor will be required to deliver the first six units within 40 weeks AOE and the second six units 44 weeks AOE.

SLIN 0007AA: The contractor shall deliver the first six production units ordered under this SLIN within 40 weeks AOE. The contractor shall deliver subsequent production units at a rate of six units per month (four weeks) until all of the quantities ordered under this SLIN have been delivered. For example, if the Government orders the maximum quantity of 12 production units under this SLIN, the contractor will be required to deliver the first six units within 40 weeks AOE and the second six units 44 weeks AOE.

SECTION I - CONTRACT CLAUSES

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

(a) The Contractor shall test one unit of Lot/Item 0001AA as specified in this contract. At least 10 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 seven calendar days from the date of this contract to Naval Surface Warfare Center Port Hueneme Division, Code A07 (bonnie.nguyen@navy.mil) marked "FIRST

ARTICLE TEST REPORT: Contract No. N6339419R0017, Lot/Item No. 0001AA." 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 Contracting Officer may, by written authorization, authorize the Contractor to acquire specific materials or components or to commence production to the extent essential to meet the delivery schedules. Until first article approval is granted, only costs for the first article and costs incurred under this authorization are allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government. If first article tests reveal deviations from contract requirements, the Contractor shall, at the location designated by the Government, make the required changes or replace all items produced under this contract at no change in the contract price.

(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:

52.209-3 Alt I First Article Approval--Contractor Testing (Sep 1989) -

Alternate I

JAN 1997

(End of Summary of Changes)