N6833524R06390001 AMD 0001.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

See Summary of Changes

1. CONTRACT ID CODE PAGE OF PAGES

J 1 7

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

16C. DATE SIGNED

BY 13-Aug-2024

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 N6833524R0639

X 9B. DATED (SEE ITEM 11)

01-Aug-2024

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

13-Aug-2024

CODE

NAVAL AIR WARFARE CTR AIRCRAFT DIVISION-

CONTRACTS ATTN 2.5.2.6.2 HWY547 BLDG. 120-207

LAKEHURST NJ 08733-5082

N68335 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N6833524R0639

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The following have been modified:

SUPPLEMENTARY INFORMATION

AMENDMENT 0001

The purpose of this amendment is to:

1. Remove the Fuel Density Measurement Set from Table 1.

2. Add FAR 52.219-33, Non-Manufacturer’s Rule, into Section I.

3. Incorporated FAR 52.219-14(Dev), Limitations on Subcontracting, by Full Text rather than Reference.

4. Added additional language to section “5.0 Responsibility Determination” contained within Section L.

5. Added additional files to the drawing package.

Procurement Point of Contact Alexander Buchan Email: alexander.g.buchan2.civ@us.navy.mil Phone: 848-240-2623

This requirement is solicited as a 100% Total Small Business Set-Aside. This solicitation is for the competitive procurement of the following Peculiar Support Equipment (PSE) for the MQ-4C Triton Unmanned Aircraft Systems (UAS) in support of the United States Navy (USN) and Royal Australian Air Force (RAAF).

Table 1

Part Number Nomenclature USN RAAF Year 1

OPTION

3673310M177-9 TAIL STAND ASSEMBLY 3 2 1

B003310M05005-

PROTRACTOR ASSY,

RUDDERVATOR

1 0 0

B003310M05024-

AIR DATA TEST ADAPTER

SET

2 0 1

B003310M05031-

NRP,SET STRUT SERVICING 5 0 2

It is anticipated that this solicitation will result in a single award, Firm Fixed-Price Purchase Order.

Deliveries for base quantities shall be maded within five (5) months after date of contract award. Delivery for option quantities shall be made within five (5) months after date of option exercise.

IMPORTANT INFORMATION: Registration in the Department of Defense (DoD) System for Award Management (SAM) database will be a prerequisite for receiving an award. For more information on the SAM database, refer to the SAM website at https://www.sam.gov/portal/public/SAM.

Proposal validity shall be for 90 days.

RELEASE OF TECHNICAL DATA PACKAGE: This program includes information that is only releasable to current and approved Department of Defense (DoD) contractors. In addition, the program requires a procurement effort in certain critical technologies/data that are not releasable to foreign firms. Some documents are under Federal export control for “sensitive” or “controlled” technologies regulated by the U.S. Department of State International Traffic in Arms Regulations (ITAR) protecting national security. Data may not be exported without an approval, authorization, or license under E.O. 12470 or the Arms Export Control Act. Disclosure of the control drawings requires the verification of a current license for the oral, visual or documentary disclosure of technical data by U.S.

persons to foreign persons as defined under the U.S. Department website: http://pmdtc.org/licenses.htm. Please note the following applicable clauses: DFARS 252.225-7048 - Export-Controlled Items (JUN 2013) and NAVAIR LTXT.227-9508 – Qualified U.S. Contractors for Export-Controlled Technical Data (APR 1998).

Accordingly, the drawing package associated with this solicitation will NOT be posted with this solicitation.

Offerors interested in receiving the necessary technical data for quotation preparation purposes MUST submit a written request, including a copy of a valid, current DD Form 2345 (Military Critical Technical Data Agreement) to Mr. Alexander Buchan at alexander.g.buchan2.civ@us.navy.mil no later than 13 August 2024, 4:00 PM EDT. Late requests may not be considered, and the solicitation period may not be extended to accommodate late requests.

DD Forms 2345 will be reviewed and, if found valid and complete, download instructions will be sent electronically to the designated data custodian through the DoD SAFE web application at https://safe.apps.mil/. Drawings shall be delivered the next working day after the closing date of drawing requests. Drawings will not be supplied to requestors who do not submit a Joint Certification Program verified DD Form 2345. For more information on Form DD2345, contact the Joint Certification Program by email at JCP-ADMIN@DLA.MIL or by phone at (877) 352- 2255. The Joint Certification Program website and FAQs are available at https://www.dla.mil/Logistics- Operations/Services/JCP/.

RECEIPT OF CORRESPONDENCE: All correspondence pertaining to this solicitation shall be submitted to Mr.

Alexander Buchan at alexander.g.buchan2.civ@us.navy.mil. All correspondence submitted shall be reviewed, and responses will be provided in Q&A format as an amendment to the solicitation, publicized on SAM.gov for all of industry to view.

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

52.219-33 Nonmanufacturer Rule SEP 2021

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2021-O0008) (FEB 2023)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. “Similarly situated entity,” as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. The following services may be excluded from the 50 percent limitation:

(i) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code 562910), cloud computing services, or mass media purchases.

(ii) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause – [Contracting Officer check as appropriate.] X By the end of the base term of the contract and then by the end of each subsequent option period; or ___ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph

(e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protege and its mentor approved by the Small Business Administration, the small business protege shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protege in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

CONTENTS OF PROPOSAL

1.0 GENERAL

This is a Request for Proposal (RFP) prepared in accordance with the format in Federal Acquisition Regulations (FAR) Part 15, Contracting by Negotiation, under solicitation number N6833524R0639. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The Offeror is expected to comply with all requirements of the RFP. The Government advises the Offeror that taking exception to, or deviating from, any terms or conditions of the RFP shall make an offer unacceptable and unawardable, unless the RFP expressly authorizes such an exception or deviation with regard to that specific term or condition. Alternate submissions are unacceptable.

Proposals must be valid for a minimum of 90 days after the close of this solicitation.

2.0 SUBMISSION CONTENT

Offers shall contain the following:

1. A signed copy of the SF-33 for the basic solicitation and each amendment, if applicable;

2. The signed Representations, Certifications and Acknowledgements OR reference to the Offeror’s active Online Representations and Certifications in the System for Award management (SAM);

a. FAR 52.219-1, Small Business Program Representations (FEB 2024);

b. FAR 52.219-28, Post Award Small Business Program Representations (JUL 2013);

c. FAR 52.204-24, Representations Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (OCT 2020), paragraphs (d)(1) and (d)(2);

d. FAR 52.204-26, Covered Telecommunications Equipment or Services- Representation (OCT 2020);

e. DFARS 252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services- Representation (MAY 2021);

3. Within the Offeror’s submission, the Offeror shall provide a technical description of the items being offered in sufficient detail for the Government to evaluate compliance with the requirement in the RFP, including the attached SOW and drawings. The Technical Description shall include:

a. A narrative that clearly demonstrates how the quoter will meet the technical specifications set forth in the SOW and drawings;

b. A Bill of Materials (BOM) that clearly demonstrates that the quote will meet the Government’s requirements for this effort, and;

c. The manufacturing approach outlined, and supported by the proposed schedule, that will satisfy product quality requirements and delivery schedule requirements.

4. A copy of the Contract Line Item (CLIN) Unit Pricing (including the Total Prices, filled in) using the quantities of supplies listed herein. The Offeror shall identify the proposed price/costs for each CLIN as specified in this solicitation. Quotes which do not provide pricing for each item shall not be considered (this does not apply to CDRLs provided “Not Separately Priced”).

3.0 DRAWING PACKAGE

Interested parties shall submit a request for drawings to alexander.g.buchan2.civ@us.navy.mil no later than Tuesday, 13 August 2024, 4:00 PM EDT. Late requests may not be considered, and buy closing may not be extended for late requests. If Offerors do not request the latest copy of the drawings (including solicitation amendments that update the drawings) prior to 13 August 2024, the Offeror’s quote may be rejected without further evaluation, deliberation or discussion. Your DD2345 will be reviewed and, if found valid and complete, download instructions will be sent electronically to the data custodian designated on the DD2345 through the DoD SAFE web application at https://safe.apps.mil/. Drawings will not be supplied to requestors who do not submit a Joint Certification Program verified and current DD Form 2345. For more information on Form DD2345, contact the Joint Certification Program (JCP) by email at JCP-ADMIN@DLA.MIL or by phone at (877) 352-2255. You can also visit JCP on the web to obtain further instructions and review FAQs at https://www.dla.mil/Logistics- Operations/Services/JCP/.

4.0 SUPPLIER PERFORMANCE RISK SYSTEM

The Supplier Performance Risk System (SPRS), available at https://piee.eb.mil, will be used in the evaluation of the Offeror’s past performance. The Contracting Officer will consider price risk and supplier risk, if available in SPRS, as part of the award decision. The Contracting Officer will consider SPRS risk assessments during the evaluation of quotations or offers received in response to this solicitation as follows:

1. Item risk will be considered to determine whether the procurement best represents a high performance risk to the Government.

2. Price risk will be considered in determining if a proposed price is consistent with historical prices paid for a product or service, or otherwise creates a risk to the Government.

3. Supplier risk, including but not limited to quality and delivery, will be considered to assess the risk of unsuccessful performance and supply chain risk.

SPRS risk assessments are generated daily. Offerors are able to access their risk assessments by following the access instructions in the SPRS user’s guide, available at https://sprs.csd.disa.mil/reference.htm.

5.0 RESPONSIBILITY DETERMINATION

By submitting a response to this solicitation Offerors are certifying that they can meet the following requirements as part of the Government’s responsibility determination and can provide justification/substantiation if requested: The vendor does have adequate resources to perform the contract, or the ability to obtain them (see FAR 9.104-3(a)); the vendor does have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors). (See FAR 9.104-3(a)); the vendor does have the necessary production and technical equipment and facilities, or the ability to obtain them (see FAR 9.104-3(a)); and, the vendor is able, to comply with the required or proposed performance schedule, taking into consideration all existing commercial and governmental business commitments.

By responding to this RFP, the Offeror self-certifies that they meet the requirements of FAR 52.219-14 and FAR 52.219-33.

ALL SUBMISSIONS ARE DUE BY September 3rd, 2024 AT 12:00 PM EDT.

(End of Summary of Changes)