W31P4Q16R0010-0008.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. Contract ID Code Page Of

2. Amendment/Modification No.

3. Effective Date

4. Requisition/Purchase Req No.

5. Project No. (If applicable)

6. Issued By Code 7. Administered By (If other than Item 6) Code

8. Name And Address Of Contractor (No., Street, City, County, State and Zip Code)

9A. Amendment Of Solicitation No.

9B. Dated (See Item 11)

10A. Modification Of Contract/Order No.

10B. Dated (See Item 13) Code Facility Code

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers 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 ____________ copies of the amendments: (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 ONLY APPLIES TO MODIFICATIONS OF CONTRACTS/ORDERS

It Modifies The Contract/Order No. As Described In Item 14.

A. This Change Order is Issued Pursuant To: 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 data, 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.)

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)

16A. Name And Title Of Contracting Officer (Type or print)

15B. Contractor/Offeror 15C. Date Signed 16B. United States Of America 16C. Date Signed

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

NSN 7540-01-152-8070

PREVIOUS EDITIONS UNUSABLE

30-105-02 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

SEE SCHEDULE

X

Cost Plus Fixed Fee

0008 2017APR20

W31P4Q

ARMY CONTRACTING COMMAND-REDSTONE

REDSTONE ARSENAL AL 35898-5280

TIFFANY N. CHILDRESS

EMAIL: TIFFANY.N.CHILDRESS.CIV@MAIL.MIL

W31P4Q-16-R-0010

2016JAN22

X

X

/SIGNED/

2 signed

SEE SECOND PAGE FOR DESCRIPTION

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CONTINUATION SHEET

Reference No. of Document Being Continued Page of

Name of Offeror or Contractor:

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SECTION A - SUPPLEMENTAL INFORMATION

Buyer Name: TIFFANY N. CHILDRESS

Buyer Office Symbol/Telephone Number: CCAM-OS-S/(256)313-3696

Type of Contract 1: Cost Plus Fixed Fee

Type of Contract 2: Cost No Fee

Kind of Contract: Service Contracts

*** End of Narrative A0000 ***

A-1. This Amendment 0008 to Solicitation W31P4Q-16-R-0010 is hereby issued to:

1. Provide answers to industry questions submitted for Amendment 0007. Please see responses in the updated Attachment 0010.

2. Revise the date in the RFP from 6 March 2017 to 9 March 2017 to match the date on the Statement of Work (SOW), Attachment 0001.

3. Delete in Section H, paragraph H-6 "Warranty", #11, AMCOM will in no way be held responsible for denied VISA for foreign nationals applying to enter the United States of America.

A-2. Section A, the Executive Summary portion is revised as follows:

Executive Summary

Request for Proposal (Revised Final RFP) W31P4Q-16-R-0010

The United States Army Contracting Command- Redstone (ACC-Redstone), hereby issues this RFP to acquire the TSHS in response to the needs for the Target Management Office (TMO) in accordance with (IAW) the Statement of Work (SOW) and associated attachments. The contractor shall demonstrate its approach to fulfill the requirements contained in the SOW entitled "Procurement of Target Systems

Hardware and Support (TSHS)" dated 9 March 2017. __________________

A-3. Section B, is revised to update "CLIN structure" as follows:

Updated CLIN 0012 title is revised from "Data Base Mgmt Services" to "Data Base Mgmt/Info Assurance Services"

A-4. Section C, is revised to update "Description/Specifications/Work Statement":

Revises the date in the RFP, Attachment 0001- Statement of Work, "Procurement of Target Systems Hardware and Support (TSHS)" from 6

March 2017 to 9 March 2017.

A-5. Section H, is revised to update "Special Contract Requirements":

Deletes in paragraph H-6 "Warranty", #11, of Amendment 0007, AMCOM will in no way be held responsible for denied VISA for foreign nationals applying to enter the United States of America.

A-6. Section J, provides updated, revised and notification of deleted attachments previously provided; additional attachments are also as follows:

1. Updated Attachment 0001- Statement of Work, dated 9 March 2017

2. Updated Attachment 0010- Industry Questions and Answers, dated 19 April 2017

3. Added Attachment 0011- "Sample Crosswalk for Labor Categories" dated 19 April 2017

A-7. Except as noted above, all other terms and conditions in the solicitation remain unchanged and in full force and effect.

*** END OF NARRATIVE A0008 ***

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W31P4Q-16-R-0010 0008

PIIN/SIIN

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

0012 DATA BASE MGMT/ INFO ASSURANCE SERVICES 50000 HR $ _______________________________________ __________________

SERVICE REQUESTED: TSHS DATA BASE MGMT

CLIN CONTRACT TYPE:

Cost Plus Fixed Fee

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

SPECIAL CONTRACT REQUIREMENTS

H.1 52.242-4702 TECHNICAL LIAISON AND SURVEILLANCE CLAUSE

1. Performance by the Contractor of the technical aspects of this contract shall be under the cognizance of the Targets Management

Office (TMO). All technical liaison with and technical surveillance of the contractor, within the scope of this contract, will be furnished by Eric Hoffman, Project Director, Targets, TMO or his authorized representative. Communication of technical matters pertaining to this contract shall be directly between the Contractor and the Eric Hoffman, Targets Project Director, U.S. Army Program

Executive Office, Simulation, Training and Instrumentation, Project Manager, Instrumentation, Targets and Threat Simulators, ATTN: SFAE-

STRI-ITTS-Q, Redstone Arsenal, AL 35898-7458, with a copy of such correspondence to the ACO and PCO.

2. The above clause is governed by the following: No change in the scope or within the scope of this contract which would effect a change in any term or provision of this contract shall be made except by a modification executed by the Contracting Officer. The

Contractor is responsible to insure that all contractor personnel are knowledgeable and cognizant of this contract provision. Changes to contract effort accepted and performed by contractor outside of the contract without specific authorization of the Contracting

Officer shall be the responsibility of the Contractor.

H.2 ORDERING PERIOD PROVISIONS

ORDERING (APR 1984)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of task orders by the individuals or activities designated in the Schedule. Such orders may be issued from __FY17____ through ___FY22___.

(b) All task orders are subject to the terms and conditions of this contract. In the event of conflict between a task order and this contract, the contract shall control.

(End of clause)

(R 7-1101 1968 JUN)

H.3 RELEASE OF CONTRACT DATA DELIVERED UNDER THIS CONTRACT

Data generated as a result of this contract shall not be released to any agency other than those specifically listed in each Contract

Data Requirement List(s), DD Form(s) 1423, set forth under each delivery order issued, without the express written consent of the

Contracting Officer. If such consent is granted, the Contractor shall provide the Contracting Officer a copy of the transmittal correspondence.

H.4 52.228-4701 SAFETY REQUIREMENTS

In the performance of work under this contract, the contractor and its employees shall observe all the rules and regulations of Redstone

Arsenal, Alabama, pertaining to conduct, safety, and security. AMCR 385-100, Safety Manual, is incorporated herein by reference and made a part hereof.

H.5 ELECTRONIC DATA ITEM SUBMISSION

The contractor is required to submit CDRL data items electronically IAW the DD form 1423. Content of the electronic documents shall be

IAW the data item description (DID).

H.6 WARRANTY

1. Warranty Scope. This failure free warranty requires the contractor to repair, replace, retrofit, and/or redesign defective target _______________ systems, spare parts, and correct data deficiencies at no increase in contract price.

2. Warranted Items. Warranted items are the target systems and the spare parts. ________________

3. Warranty Period. Individual item coverage begins with the government's acceptance of each warranted item and ends twelve (12) _______________ months following acceptance of the item.

4. Warranty Requirements. Notwithstanding inspection and acceptance by the Government of the warranted items for target systems and ______________________ spare parts furnished under this contract or any provision thereof, the contractor warrants for the warranty period that the warranted items:

- Shall conform to the design and manufacturing requirements of this contract and any modification thereto.

- Shall be, at the time of acceptance, free from all defects in material and workmanship.

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- Shall conform to all performance requirements delineated in the specifications and contract, and modifications thereto.

5. Warranty Procedure. The contractor shall provide the materials and services necessary to implement this warranty and shall___________________ assign a single point of contact to communicate with the government on all warranty related issues.

The government will provide written notification to the contractor within thirty (30) days of the date of discovery of any warranted item that fails or is defective. Failure of the Government to meet the thirty (30) day suspense does not relieve the contractor of the responsibility to repair the defective item. However, if the suspense is not me, the contractor is entitled to an adjustment in his repair turnaround time.

Individual Item Coverage: In the event the Government determined during the warranty period that the warranted item(s) delivered under this contract fails to meet the conditions specified in this warranty, the contractor, notwithstanding any disagreement with the

Government regarding this warranty, shall promptly repair or replace the defective items provided for repaired under the warranty at no increase in the contract price. If it is later determined that the defect/failure was not subject to the provisions of this warranty, the contract price will be equitably adjusted.

6. Repair Turn Around Time. Unless agreement has been obtained from the Government, the contractor shall accomplish repair or _________________________ replacement within one hundred, twenty (120) days after receipt of the defective item(s). If the contractor fails to repair or replace defective parts in the time specified in this warranty and unless an extension is granted by the contracting officer, the contractor shall at the Governments election:

- Pay costs incurred by the Government in procuring such parts and in accomplishing the repair.

- Provide to the Government a fully tested and accepted replacement part within the specified repair time.

- Accept an equitable reduction in the contract price.

- Costs incurred by the Government while accomplishing either of the above includes costs for installation, removal, re-installation of nonconforming material and any associated testing costs.

7. Remedy. For any warranty breach, the contractor shall at its election repair, replace, or exchange all parts required to eliminate _______ the cause of the breach in the warranted item.

Should the contractor believe that the cause of failure is not within the parameters of the warranty after analysis of the component/part submitted for warranty repair they must take the following steps:

- The contractor shall notify the Government, within thirty (30) days by submitting the preliminary analysis and a cost estimate for the non-warranted repairs to the

Contracting Officer. If upon review of the contractors data in this regard the

Government concurs with this evaluation, the Contracting Officer will within thirty

(30) days of receipt of the notification either:

- Provide written direction to the contractor to proceed with the non-warranted repairs or

- Provide written direction to the contractor as to disposition instructions for the component/part. In the event the cause of failure is mutually agreed to be other than a warranted failure, the Government will not be held liable for any tear down and analysis costs associated with any component/part inspection. If upon review of data submitted as above, the Government non-concurs with the contractors opinion, the

Contracting Officer will within thirty (30) days provide written direction. The contractor shall, notwithstanding any disagreement regarding the existence of a breach of warranty or government invocation of a right or remedy, comply with the Contracting Officers direction with respect to the breach, right, or remedy.

8. Transportation Costs: When warranted items are returned to the contractor pursuant to this warranty, the contractor shall bear all _____________________ transportation and repacking costs associated with the return of the items to the contractors plant (not to exceed the cost to return the item from the original destination). The contractor shall bear all responsibility for the items while in transit.

9. Warranty Evocation Status Reports: The contractor shall prepare warranty evocation status reports in accordance with DI-MGMT-80368. __________________________________

10. Exclusions: ___________

- The contractor shall not be obligated to repair or replace warranted items if the facilities, tooling, drawings, or other equipment necessary to accomplish the repair or replacement are not available. The contractor shall promptly notify the Contracting

Officer, in writing, of the non-availability. If the contractor is not obligated to repair or replace the warranted items due to the requirements of this paragraph, the Government retains its other remedies and rights.

- All implied warranties including warranties of merchantability and fitness for a particular purpose are excluded from any obligation contained in this contract. The provisions of this warranty do not apply to:

- Combat damage.

- Liability for loss, damage, or injuries to third parties.

- Defects which are beyond the control of, and not attributable to, the contractor, such as, items damaged through willful misconduct, accident, misuse, abuse, improper installation or application; unauthorized maintenance or maintenance not executed in

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accordance with applicable technical manuals; negligence in storage, transportation or handling; catastrophic damages such as fire, flood, crash, or explosion; or an act of God

- Faded or chipped paint, scratches, dents, nicks, or any other cosmetic damage, which results from normal and customary use.

11. Other Rights and Remedies: _________________________

- The Government shall not be responsible for any extension or delay in the scheduled deliveries or periods of performance under this contract as a result of the contractors obligation to repair, replace, retrofit, and/or redesign defective items. Furthermore, there shall not be any adjustment of the delivery schedule or periods of performance as a result of the repair, replacement, retrofit, and/or redesign or defective items unless provided for by the inclusion of a supplemental agreement, with adequate consideration to the Government, in this contract.

- The rights and remedies of the Government provided for in this warranty do not limit, but are in addition to, the rights the

Government has under any other clause of this contract. Disputes arising regarding this warranty shall be resolved in accordance with the clause of this contract entitled Disputes.

- The rights and remedies of the Government provided for in this warranty shall survive final payments.

- This warranty shall not be voided by a Government performed repair of any warranted item when accomplished in accordance with standard military service maintenance procedures prepared by the contractor under the terms of this contract. This includes the substitution of compliant parts or components procured by the Government from any other source. However, the contractor shall not be responsible for the substituted part or any resulting damage caused by failure of the substituted part.

- This clause applies notwithstanding inspection and acceptance or other clauses or terms of the contract.

12. Definitions:

A. Acceptance: The act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of __________ another, ownership of existing identified supplies tended or approves specific services rendered as partial or complete performance of the contract.

B. Defect: Any condition or characteristic of the warranted items that does not comply with the requirements of this contract. A ______ defect does not necessarily affect performance.

C. Failure: Breakage or, malfunction of, or damage to a part that renders the warranted item unserviceable or a condition that causes _______ or would cause a warranted item to fail to meet its requirements. A failure may also be a defect.

D. Repair: The elimination of a defect or correction of a failure by rework or replacement of item. ______

E. Warranty Breach: The delivery by the contractor to the Government of a warranted item or items that does not meet the requirements, _______________ or which later fails nevertheless.

H.7 52.229-4700 CALIFORNIA SALES AND USE TAX

If this contract contains either the clause at FAR 52.245-2, Government Property (Fixed Price Contracts), or 52.245-5, Government

Property (Cost-Reimbursement, Time-and-Material, or Labor-Hour Contracts), California sales tax on the purchase of any tangible personal property for the performance of this contract is not an allowable cost. Such purchases can be made tax-free by giving California vendors resale certificates, the form for which is prescribed by California tax authorities. This California sales tax exemption does not apply to the purchase of any property to be incorporated into real property located in California.

H.8 NOTICE REGARDING SUBCONTRACTING PLAN REQUIREMENTS: FAR 52.219:

Any large business contractor understands and agrees to submit and negotiate a subcontracting plan in accordance with FAR 52.219-9.

H.9 TRAVEL COSTS:

Cost reimbursement for travel expenses and per diem shall be in accordance with FAR 31.205-46 and SOW paragraph 3.2.5.

H.10 FOREIGN NATIONAL: FAR 52.204-4708

Prior review of Foreign Nationals to perform on this contract, at either the prime or sub-contract level, is required by the Contracting

Officer. This review does not grant an exception to U.S. export law(s) and the contractor is responsible for obtaining necessary export licenses. Foreign nationals (also known as Foreign Persons) means any person who is NOT:

a. a citizen or national of the United States; or

b. a lawful permanent resident; or

c. a protected individual as defined by 8 U.S.C. 1324b(a)(3).

"Lawful permanent resident" is a person having the status of having been lawfully accorded the privilege of residing permanently in the

United States as an immigrant in accordance with the immigration laws and such status not having changed. Protected individual" is an

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alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under 8 U.S.C. 1160(a) or 8 U.S.C. 1255a (a)(1), is admitted as a refugee under 8 U.S.C. 1157, or is granted asylum under Section 8

U.S.C. 1158; but does not include (i) an alien who fails to apply for naturalization within six months of the date the alien first becomes eligible (by virtue of period of lawful permanent residence) to apply for naturalization or, if later, within six months after

November 6, 1986, and (ii) an alien who has applied on a timely basis, but has not been naturalized as a citizen within 2 years after the date of the application, unless the alien can establish that the alien is actively pursuing naturalization, except that time consumed in the Service's processing the application shall not be counted toward the 2-year period.

This clause does not apply to U.S. persons, including U.S. citizens and lawful permanent residents. The use of foreign nationals in the performance of this contract requires the contractor to provide by letter, addressed to the contracting officer, the following:

(a) Method Foreign National will be utilized, i.e., as a subcontractor or as an employee of the contractor.

(b) If a subcontractor, identify company, country of origin, and tasks to be performed, and provide employer's verification of work authorization.

(c) If a company employee, identify country of origin and tasks to be performed, and provide employer's verification of work authorization.

(d) In either case (items b and c above) identify the technology involved and what type information, Classified, Controlled Unclassified

Information (CUI), or Unclassified, will be released to the Foreign National to enable satisfactory performance on the contract.

(e) If the contractor currently possesses a munitions export license to export the data to Foreign Nationals (whether the Foreign

National is an employee of the company or a subcontractor) provide the license number.

(f) Provide justification as to why the Foreign National is needed to perform the contract.

(g) Company point of contact name and phone number.

The above clause shall not flow down to subcontracts with Universities. The following replacement text shall be inserted into subcontracts with Universities:

Prior notice of the use of Foreign Nationals to perform on this prime contract at the University subcontract level must be provided through the Prime Contractor to the Contracting Officer. This notice does not grant an exception to U.S. Export Law(s) and the

Contractor and/or Subcontractor are responsible for obtaining necessary Export Licenses.

Prior notice shall be provided by the Subcontractor, through the Prime Contractor, to the Contracting Officer, by letter addressed to the Contracting Officer, containing the following:

(a) Individual's Name;

(b) Country of Origin;

(c) Tasks to be performed; and,

(d) Employer's verification of work authorization.

H.11 ORGANIZATIONAL CONFLICT OF INTEREST:

(a) "Organizational Conflict of Interest" means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. "Person" as used herein includes Corporations, Partnerships, Joint Ventures, and other business enterprises.

(b) The Contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in the contract, the

Contractor does not have any organizational conflict of interest(s) as defined in paragraph (a).

(c) It is recognized that the effort to be performed by the Contractor under this contract may create a potential organizational conflict of interest on the instant contract or on a future acquisition. In order to avoid this potential conflict of interest, and at the same time to avoid prejudicing the best interest of the Government, the right of the Contractor to participate in future procurement of equipment and/or services that are the subject of any work under this contract shall be limited as described below in accordance with the requirements of FAR 9.5.

(d) (1) The Contractor agrees that it shall not release, disclose, or use in any way that would permit or result in disclosure to any party outside the Government any information provided to the Contractor by the Government during or as a result of performance of this contract. Such information includes, but is not limited to, information submitted to the Government on a confidential basis by other persons. Further, the prohibition against release of Government provided information extends to cover such information whether or not in its original form, e.g., where the information has been included in Contractor generated work or where it is discernible from materials incorporating or based upon such information. This prohibition shall not expire after a given period of time.

(d) (2) The Contractor agrees that it shall not release, disclose, or use in any way that would permit or result in disclosure to any party outside the Government any information generated or derived during or as a result of performance of this contract. This prohibition shall expire after a period of three years after completion of performance of this contract.

(d) (3) The prohibitions contained in subparagraphs (d)(1) and (d)(2) shall apply with equal force to any affiliate of the Contractor, any subcontractor, consultant, or employee of the Contractor, any joint venture involving the Contractor, any entity into or with which it may merge or affiliate, or any successor or assign of the Contractor. The terms of paragraph (f) of this Special Contract Requirement relating to notification shall apply to any release of information in contravention of this paragraph (d).

(e) The Contractor further agrees that, during the performance of this contract and for a period of three years after completion of

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performance of this contract, the Contractor, any affiliate of the Contractor, any subcontractor, consultant, or employee of the

Contractor, any joint venture involving the Contractor, any entity into or with which it may subsequently merge or affiliate, or any other successor or assign of the Contractor, shall not furnish to the United States Government, either as a prime contractor or as a subcontractor, or as a consultant to a prime contractor or subcontractor, any system, component or services which is the subject of the work to be performed under this contract. This exclusion does not apply to any re-competition for those systems, components or services furnished pursuant to this contract. As provided in FAR 9.505-2, if the Government procures the system, component, or services on the basis of work statements growing out of the effort performed under this contract, from a source other than the contractor, subcontractor, affiliate, or assign of either, during the course of performance of this contract or before the three year period following completion of this contract has lapsed, the Contractor may, with the authorization of the cognizant Contracting Officer, participate in a subsequent procurement for the same system, component, or service. In other words, the Contractor may be authorized to compete for procurement(s) for systems, components or services subsequent to an intervening procurement.

(f) The Contractor agrees that, if after award, it discovers an actual or potential organizational conflict of interest, it shall make immediate and full disclosure in writing to the Contracting Officer. The notification shall include a description of the actual or potential organizational conflict of interest, a description of the action which the Contractor has taken or proposes to take to avoid, mitigate, or neutralize the conflict, and any other relevant information that would assist the Contracting Officer in making a determination on this matter. Notwithstanding this notification, the Government may terminate the contract for the convenience of the

Government if determined to be in the best interest of the Government.

(g) Notwithstanding paragraph (f) above, if the Contractor was aware, or should have been aware, of an organizational conflict of interest prior to the award of this contract or becomes, or should become, aware of an organizational conflict of interest after award of this contract and does not make an immediate and full disclosure in writing to the Contracting Officer, the Government may terminate this contract for default.

(h) If the Contractor takes any action prohibited by this requirement or fails to take action required by this requirement, the

Government may terminate this contract for default.

(i) The Contracting Officer's decision as to the existence or nonexistence of an actual or potential organizational conflict of interest shall be final.

(j) Nothing in this requirement is intended to prohibit or preclude the Contractor from marketing or selling to the United States

Government its product lines in existence on the effective date of this contract; nor, shall this requirement preclude the Contractor from participating in any research and development or delivering any design development model or prototype of any such equipment.

Additionally, sale of catalog or standard commercial items are exempt from this requirement.

(k) The Contractor shall promptly notify the Contracting Officer, in writing, if it has been tasked to evaluate or advise the Government concerning its own products or activities or those of a competitor in order to ensure proper safeguards exist to guarantee objectivity and to protect the Government's interest.

(l) The Contractor shall include this requirement in subcontracts of any tier which involve access to information or situations/conditions covered by the preceding paragraphs, substituting "subcontractor" for "contractor" where appropriate.

(m) The rights and remedies described herein shall not be exclusive and are in addition to other rights and remedies provided by law or elsewhere included in this contract.

(n) Compliance with this requirement is a material requirement of this contract.

H.12 IMPORTANT NOTICE - INSTRUCTIONS BY CONTRACTING OFFICER:

1. The contractor will not accept any instructions issued by any person other than the contracting officer. If a COR is appointed, the appointment will be done by letter to the COR with the scope of the COR's authority set forth in the appointment letter.

A copy of the appointment letter will be furnished to the contractor.

2. No information other than that which may be contained in an authorized modification to the purchase instrument, duly issued by the contracting officer which may be received from any person employed by the US Government or otherwise, will be considered as grounds for deviation from any stipulation of this purchase instrument or reference drawings and/or specifications.

H.13 AVAILABILITY OF FUNDS

Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available from which payment for contract purposes can be made.

H.14 NON-DISCLOSURE AGREEMENT

During performance of any contract resulting from this solicitation, it may be necessary for the contractor to exchange data and

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Interface with government support contractors. The contractor agrees to execute non-disclosure agreements with those government support

Contractors.

*** END OF NARRATIVE H0001 ***

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SECTION J - LIST OF ATTACHMENTS

List of Number List of Number

Addenda Title Date of Pages Transmitted By Addenda Title Date of Pages Transmitted By________________ ____________________________________________________________ _______________ ____________ _______________________________ ____________________________________________________________ _______________ ____________ _______________

Attachment 0001 STATEMENT OF WORK 09-MAR-2017 041 EMAIL

Attachment 0011 SAMPLE CROSSWALK FOR LABOR CATEGORIES 19-APR-2017 001 EMAIL

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Attachment 0001

W31P4Q-16-R-0010