12-R-0084_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

The purpose of this solicitation amendment is to answ er questions and clarify the solicitation requirements. See next page for detailed information. The solicitation due date has been revised to 31 Oct 2013. All other terms and conditions included in the original solicitation remain in effect.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 13

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

16C. DATE SIGNED

BY 10-Oct-2013

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 N68936-12-R-0084

X 9B. DATED (SEE ITEM 11)

17-Sep-2013

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

10-Oct-2013

CODE

CDR NAWCWD CODE 254300E

ATTN: J. BARNEBY

(805) 989-7355

575 "I" AVE SUITE 1, BLDG 65

POINT MUGU CA 93042

N68936 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N68936-12-R-0084

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 22-Oct-2013 12:00 PM to 31-Oct-

2013 12:00 PM.

The following have been added by full text:

AMENDMENT

AMENDMENT 1

THE ANTICIPATED EFFORT IS TO PROVIDE FOR THE MANUFACTURE OF "POD

ASSEMBLY" HARDWARE; I.E. TRAY, TRAY MOUNTING HARDWARE, CENTER

SECTION, TAIL SECTION. NEITHER ASSEMBLY OF THE POD HARDWARE NOR

INSTALLATION OF ANY POD COMPONENTS IS REQUIRED.

ALL ASSEMBLY REQUIREMENTS WILL BE PERFORMED BY THE GOVERNMENT.

THEREFORE THIS RFP DOES NOT INCLUDE THE ACQUISITION, INSTALLATION, OR

TESTING OF FULL UP ROUND POD ASSEMBLIES. THEREFORE NO VENDOR

INFORMATION/DATA (CAGE CODES, DRAWINGS, PART NUMBERS, ETC) IS REQUIRED

OR WILL BE PROVIDED.

Questions regarding this solicitation must be submitted to the Contract Specialist no later than 1200, PDT on Thursday, October 17, 2013. Questions submitted after this date and time will not receive a response.

The following answers are in response to questions submitted by interested parties.

Question 1: The solicitation refers to Attachment 1 which defines the First Article Testing Requirements and specifications for the Marman Clamps and Pod. Attachment 1 is not in the data package.

Answer 1: The Information to Offerors section is amended per the information below:

INFORMATION TO OFFERORS

Item 0001: The Contractor shall provide one AN/ALQ-231(V) Pod Assembly First Article Unit in accordance with the Statement of Work, see Section C.

Item 0002: The Contractor shall provide on AN/ALQ-231(V) Marman Clamp First Article Unit in accordance with the Statement of Work, see Section C.

Item 0003: The Contractor shall perform a Physical Configuration Audit in coordination with First Article Testing at the Contractor’s facility in accordance with the Statement of Work, see Section C.

Item 0004: The Contractor shall fabricate, test and deliver AN/ALQ-231(V) Pod Assembly units in accordance with the Statement of Work, see Section C.

Item 0005: The Contractor shall fabricate, test and deliver AN/ALQ-231 Marman Clamps in accordance with the Statement of Work, see Section C.

Item 0006: The Contractor shall provide all material, parts, components and modification engineering services in accordance with the Statement of Work, see Section C.

Item 0007: The data called for hereunder shall be provided in accordance with Exhibit A, Contract Data Requirements List, DD Form 1423.

Question 2: Drawing 4017AS0600 for item 1, Antenna Assembly, drawing 4017AS0601 is missing from the TDP.

Answer 2: The drawing 4017AS0601 is a vendor drawing and will not be provided.

Question 3: Drawing 4017AS0600, Note 4 refers to Schematic 4017AS0161 which is missing from the

TDP.

Answer 3: The drawing 4017AS0601 is a wiring flow diagram and not required for this procurement.

Question 4: Drawing 4017AS0600 for item 6, Plate, Washer Tail Section, drawing 4017AS0320 is missing from the TDP.

Answer 4: Drawing 4017AS0320 will be provided

Question 5: Drawing 4017AS0602 for item 7, L-Band Antenna Mount Block, drawing 4017AS0321 is missing from the TDP.

Answer 5: Drawing 4017AS0321 will be provided

Question 6: Drawing 4017AS0605 for items 2 and 3, Ring Flanged, drawing 4017AS0366 and Air Scoop, drawing 4017AS0368 are missing from the TDP.

Answer 6: Drawings 4017AS0366 and 4017AS0368 will be provided

Question 7: Drawing 4017AS0634 for items 4 and 6, Bracket, Connector Right, drawing 4017AS0334 and QNT Radio, drawing 4017AS0200 are missing from the TDP.

Answer 7: Drawing 4017AS0200 is a vendor drawing and will not be provided. Drawing 4017AS0334 will be provided

Question 8: Drawing 4017AS0653: Drawing title reads 4017AS0649.

Answer 8: Yes, there should be a number 4017AS0649 and 4017AS0653

Question 9: Attached is a list of Navy drawing numbers that appear to be missing for the TDP. The second is a list of vendor item part numbers that have no cage code or vendor information associated with them. In order to completely bid the package, we will need the drawings and the vendor information.

Answer 9: The following missing drawings are now provided in the Technical Data Package: [see link https://www.fbo.gov/fedteds/TDPN6893612R0084(Amend1)]

4017AS0320 Attached- Plate washer 4017AS0321 Attached- L-band Bracket 4017AS0334 Attached- Bracket Connector 4017AS0038 Attached – Plate, RTU Mount 4017AS0039 Attached – Bar, RTU Mount 4017AS0040 Attached – Bracket, RTU Mount 4017AS0031 Attached – Support Wire Harness 4017AS0342 Attached Plate ASIU 4077AS0343 Attached Mount Base ASIU 4017AS0366 Attached- Ring Flanged 4017AS0368 Attached- Air Scoop 4017AS0602 Attached- Center Section Assembly 4017AS0604 Attached- Electronic Assy 4017AS0607 Attached- Latch Assy 4017AS0649 Attached- Key 4017AS0652 Attached- Latch Assembly 4017AS0653 Attached- ASIU Mounting Assembly

Vendor items are not relevant to this procurement, therefore no vendor drawings, cage codes or information will be provided. Therefore the following drawings will not be provided:

4017AS0200

4017AS0600

4017AS0601

4017AS0161

Question 10: There are two 4017AS0649 drawings in the package - one the AISU Mounting Assembly and one the Key. From the tray drawing, 4017AS0604, can we assume that the one labeled AISU Mounting Assembly should really be numbered 4017AS0653?

Answer 10: Yes, the number should be 4017AS0653 for the ASIU and 4017AS0649 for the Key

Question 11: On drawing 4017AS0602, line item 5 is listed as 4017AS0652, Key. Should this number be the 4017AS0649?

Answer 11: Yes, the number should be 4017AS0649

Question 12: On drawing 4017AS0607, line item 9 is listed as 4017AS0652 and this is the Latch Assembly. The 4017AS0652 latch assembly is included in the package.

Answer 12: Yes it should be included in the package

Question 13: There is a drawing 4017AS0648, Control Interface Unit, included in the package, but it is not called out on the assembly drawing listed, 4017AS0604, the electronics tray assembly. Is this assembly required?

Answer 13: Drawing 4017AS0648 is a vendor item which is not relevant to this procurement. The assembly is not required. The drawing (4017AS0604) does call out on item 19 the 4017AS0632 which is the CIU which is attached to the CIU mounting plate.

Question 14: Please provide drawing 4017AS0601 (the Antenna Assembly)?

Answer 14: Drawing 4017AS0601 is a vendor item which is not relevant to this procurement.

Question 15: Also, with the Government anticipating a December 2013 award date, will that affect the delivery or performance table in Section F of the solicitation?

Answer 15: No.

Question 16: Drawing 4017AS0602 for item # 8 identifies the Plate Retaining, Electrical Connector as an NSN 5935-01-111-7727. Please provide the fabrication drawing or manufacturer of this item.

Answer 16: Drawing 4017AS0602 for item # 8 identifies the Plate Retaining, Electrical Connector which will not be required for this procurement.

Question 17: Drawing 4017AS0611 for item #5 identifies a GPP only as vendor part number S902R.

There are several software and hardware options available that would affect the price. Please provide a list of the required options.

Answer 17: Vendor items are not relevant to this procurement, therefore no vendor drawings, cage codes or information will be provided.

Question 18: Drawing 4017AS0653 for items 1 and 2, Plate, ASIU Mount, drawing 4017AS0342 and Mount Base ASIU, drawing 4017AS0343 are missing from the TDP.

Answer 18: Drawings 4017AS0342 and 4017AS0343 will be provided.

Question 19: Drawing 4017AS0654 for items 1, 2, 3, and 4, Plate, RTU Mount, drawing 4017AS0338, Bar, RTU Mount, drawing 4017AS0339, Bracket, RTU Mount, drawing 4017AS0340 and Support Wire Harness, drawing 4017AS0341 are missing from the TDP.

Answer 19: Drawings 4017AS0338, 4017AS0339, 4017AS0340, 4017AS0341 will be provided will be provided.

Question 20: Q: Will there be any Government Furnished Material (GFM) or Government Furnished Equipment (GFE)?

Answer 20: No.

CRITICALITY DESIGNATOR B

The following have been deleted:

SECTION H - SPECIAL CONTRACT REQUIREMENTS

5252.210-9501 AVAILABILITY OF UNIQUE DATA ITEM DESCRIPTIONS (UDIDs) AND DATA ITEM

DESCRIPTIONS (DIDs) (NAVAIR) (AUG 2013) Access Procedures for Acquisition Management System and Data Requirements Control List (AMSDL), DoD 5010.12-L, and DIDs listed therein. The AMSDL and all DIDs and UDIDs listed therein are available online via the Acquisition Streamlining and Standardization Information System located at https://assist.dla.mil/online/start/. To access these documents, select the Quick Search link on the site home page.

5252.210-9501 Availability Of Unique Data Item Descriptions (UDID's) And

Data Item Descriptions

FEB 2013

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUL 2013

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

AUG 2013

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.222-54 Employment Eligibility Verification AUG 2013 52.232-22 Limitation Of Funds APR 1984 52.232-25 Prompt Payment JUL 2013 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.211-7003 Item Identification and Valuation JUN 2013 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation

MAY 2013

252.227-7037 Validation of Restrictive Markings on Technical Data JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE(JUL 2013)

(a) Definitions. As used in this clause-- “Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)

This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the System for Award Management database” means that--

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14(, into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process: and

(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes--

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

(b)The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c)(1)(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to--

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “ Suspension of Payment ” paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the Contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov .

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)

(a) Definitions. As used in this clause-- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

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 (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards/ .

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations and Certification section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code [_______] assigned to contract number [______________].

[Contractor to sign and date and insert authorized signer's name and title].

Signature Date Signer’s Printed Name Signer’s Title

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or other legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOX, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

252.225-7048 EXPORT CONTROLLED ITEMS (JUN 2013)

(a) Definition. “Export-controlled items,” as used in this clause, means items subject to the Export Administration Regulations (EAR)(15 CFR Parts 730-774) or the International Traffic in Arms Regulations (ITAR)(22 CFR Parts 120-130). The term includes -- “Defense items,” defined in the Arms Export Control Act. 22 U.S.C. 2778(j)(4)(A), as defense articles, defense services, and related technical data, and further defined in the ITAR, 22 CFR Part 120;

and “Items,” defined in the EAR as "commodities". "software", and "technology," terms that are also defined in the

EAR, 15 CFR 772.1.

(b) The Contractor shall comply with all applicable laws and regulations regarding export-controlled items, including, but not limited to, the requirement for contractors to register with the Department of State in accordance with the ITAR. The Contractor shall consult with the Department of State regarding any questions relating to compliance with the ITAR and shall consult with the Department of Commerce regarding any questions relating to compliance with the EAR.

(c) The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of, and is not established or limited by, the information provided by this clause.

(d) Nothing in the terms of this contract adds, changes, supersedes, or waives any of the requirements of applicable Federal laws, Executive orders, and regulations, including but not limited to --

(1) The Export Administration Act of 1979, as amended (50 U.S.C. App. 2401, et seq.);

(2) The Arms Export Control Act (22 U.S.C. 2751, et seq.);

(3) The International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.);

(4) The Export Administration Regulations (15 CFR Parts 730-774);

(5) The International Traffic in Arms Regulations (22 CFR Parts 120-130); and

(6) Executive Order 13222, as extended.

(e) The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts.

252.229-7999 TAXES - FOREIGN CONTRACTS IN AFGHANISTAN (DEVIATION 2013-O0016)(JULY

2013)

(a) This acquisition is covered by the Agreement regarding the Status of United States Military and Civilian Personnel of the U.S. Department of Defense Present in Afghanistan with Cooperative Efforts in Response to Terrorism, Humanitarian and Civic Assistance, Military Training and Exercises, and other Activities, entered into between the United States and Afghanistan which was concluded by an exchange of diplomatic notes (U.S. Embassy Kabul note No. 202, dated September 26, 2002; Afghan Ministry of Foreign Affairs notes 791 and 93, dated December 12, 2002, and May 28, 2003, respectively), and entered into force on May 28, 2003.

(b) The Agreement exempts the Government of the United States of America and its contractors, subcontractors and contractor personnel from paying any tax or similar charge assessed within Afghanistan. The Agreement also exempts the acquisition, importation, exportation and use of supplies and services in the Republic of Afghanistan by or on behalf of the Government of the United States of America in implementing this agreement from any taxes, customs duties or other similar charges in Afghanistan.

(c) The Contractors shall exclude any Afghan taxes, customs duties or similar charges from its contract price.

(d) The Agreement does not exempt Afghan employees of DoD contractors and subcontractors from Afghan tax laws. To the extent required by Afghanistan law, contractors and subcontractors are required to withhold tax from the wages of these employees and to remit those payments to the appropriate Afghanistan taxing authority. These withholdings are an individual's liability, not a tax against the Contractor or subcontractor.

(e) The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts.

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

AUG 2012

52.204-13 Central Contractor Registration Maintenance DEC 2012 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2010

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

FEB 2012

52.219-28 Post-Award Small Business Program Rerepresentation APR 2012 52.222-54 Employment Eligibility Verification JUL 2012 52.232-22 Limitation Of Funds APR 1984 52.232-25 Prompt Payment OCT 2008 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.244-6 Subcontracts for Commercial Items DEC 2010 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7008 Export-Controlled Items APR 2010 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.211-7003 Item Identification and Valuation JUN 2011 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings JUN 2011 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation

FEB 2012

252.227-7037 Validation of Restrictive Markings on Technical Data JUN 2012 252.232-7010 Levies on Contract Payments DEC 2006 252.242-7005 Contractor Business Systems FEB 2012 252.247-7023 Transportation of Supplies by Sea MAY 2002 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

The following have been added by reference:

52.209-7 Information Regarding Responsibility Matters JUL 2013

52.209-7 Information Regarding Responsibility Matters FEB 2012

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

COMMANDER

NAWCWD (Code 254300E) Attn.: Kelly Reason-Williams 575 I. Ave., Bldg. 65, Suite 1 Point Mugu, CA 93042

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

5252.233-9500 PROTEST/APPEAL FILED WITH THE NAVAL AIR SYSTEMS COMMAND (NAVAIR)

(MAR 1999)

(a) Agency protests/appeals will be processed in accordance with the procedures established at FAR 33.103. A protest to the Naval Air Systems Command shall be filed with the Contracting Officer whose name and address are shown in FAR Clause 52.233-2, “Service of Protest” of this solicitation.

(b) The protester may request an independent review of the Contracting Officer’s decision on the protest by filing a written appeal with:

*The Chief of the Contracting Office (AIR-200000D)

COMANNDER

NAWCWD (Code 200000D) Karen Haden 429 E. Bowen Rd., Mail Stop 4015 China Lake, CA 93555-6108

(c) The appeal must be received by the Chief of the Contracting Office within 10 calendar days after the Contracting Officer’s protest decision was issued. The appeal shall include (1) the name, address, and fax and telephone numbers of the appellant; (2) the solicitation or contract number; (3) a detailed statement of the factual grounds for the appeal, to include a description of resulting prejudice to the appellant; (4) copies of relevant documents; (5) a request for an independent review by the Chief of the Contracting Office; (6) a statement as to the form of relief requested; and, (7) all information establishing the timeliness of the appeal.

The following have been modified:

5252.215-9503 ANTICIPATED AWARD DATE (NAVAIR) (FEB 1995)

The anticipated award date for this requirement is December 2013. This information is provided for use as a basis for schedules and burden (labor, overheads, G&A, etc.) mid-point calculations.

52.233-2 Service Of Protest SEP 2006 5252.233-9500 Protest/Appeal Filed With The Naval Air Systems Command MAR 1999

(End of Summary of Changes)