W56HZV15R0171-0003.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

Firm Fixed Price

0003 2016AUG02

W56HZV

U.S. ARMY CONTRACTING COMMAND

WARREN, MICHIGAN 48397-5000

JACOB SILCOX

EMAIL: JACOB.A.SILCOX2.CIV@MAIL.MIL

W56HZV-15-R-0171

2016JUN23

X

X

/SIGNED/

2 signed

SEE SECOND PAGE FOR DESCRIPTION

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CONTINUATION SHEET

Reference No. of Document Being Continued Page of

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SECTION A - SUPPLEMENTAL INFORMATION

Buyer Name: JACOB SILCOX

Buyer Office Symbol/Telephone Number: CCTA-HCS-A/(586)282-3758

Type of Contract 1: Firm Fixed Price

Kind of Contract: Supply Contracts and Priced Orders

*** End of Narrative A0000 ***

The Purpose of Amendment 0003 to Solicitation W56HZV-15-R-0171 is to:

3. Revise Section H (See tracked changes document for Section H which details the revisions).

4. The requirement at L.1.6 "Column E to G ATS 1 Generation/Version, ATS 2 Generation/Version, Other Generation/Version: Indicate which generation(s)/version(s) of the applicable contract/program the part falls under. If the part falls under the Column (N), Other, then identify a contract/program with generation/version in the space provided for each part." is removed, and added to CDRL A0008.

5. Section L.1 is renumbered.

7. Revise Exhibit A-CDRL's of the RFP.

8. There is no change to the closing date of this RFP.

9. All other terms and conditions remain unchanged.

*** END OF NARRATIVE A0004 ***

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W56HZV-15-R-0171 0003

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 ISSUANCE OF DELIVERY ORDER REQUIREMENTS

The following ordering procedures apply to all delivery orders issued against the ATS Sustainment contract. Any supplies and services to be procured will be acquired by the Government via a delivery orders (DOs).

H.1.1 Authority to Place a Delivery Order:

The ATS Sustainment and Services contract will be used for the procurement of supplies and services identified within the spare parts list and Performance Work Statement (PWS). Delivery orders may be placed at any time during the five-year ordering period of the IDIQ contract.

H.1.2 Type of Orders:

All delivery orders placed against the IDIQ will be Firm-Fixed-Price in accordance with FAR 16.202. The Government intends to award delivery orders on a on a bilateral basis. The Government shall consider any delivery order or task order not rejected in writing within three business days after provided to the contractor for review to have been accepted by the contractor.

H.1.3 Unauthorized Work:

The contractor shall only commence performance after the delivery order has been awarded by the Contracting Officer. Additionally, the

Contracting Officer is the only person authorized to legally bind the US Government to contract changes after an award is made. All changes made to the contract or delivery order must be issued in writing and signed by the contracting officer. No action is to be taken on any changes unless a contracting officer notifies the contractor of such changes, in writing.

H.1.4 Delivery Order Funding:

Funding will be authorized and obligated at the delivery order level.

H.1.5 Request for Delivery Order Proposal(s) (RFDOP(s)):

H.1.5.1 The contractor, as an independent contractor and not as an agent or employee of the Government, shall furnish to the Government all necessary labor, services, and materials required to accomplish the work efforts as specified in the RFDOP. All tasks to be performed at the delivery order level shall be within the scope of the contract. The Government is only liable for work authorized under the terms and conditions stated in the delivery order.

H.1.5.2 The RFDOP will be solicited for at least five business days, but no more than 30 calendar days.

H.1.5.3 Depending on the effort required by the specified delivery order, other Federal Acquisition Regulation (FAR), Defense Federal

Acquisition Regulation Supplement (DFARS), and/or Army Federal Acquisition Regulation Supplement (AFARS) clauses, as well as any other terms and conditions, may be applicable. The contracting officer, at his/her discretion, may add additional clauses/provisions at the delivery order level. The contracting officer will include any such clauses/provisions in the RFDOP.

H.1.5.4 Depending on the scope of the delivery order requirement, the Government may utilize a two-phase solicitation and award process.

If used, the first phase will require the contractor to diagnose the problem and report its findings/recommendations for repair to the

Government, as well as submit its price proposal for the repair. In order for the contractor to diagnose the problem, the Government understands that the contractor may need to perform a site visit in accordance with paragraph H.12. After evaluation of the contractors findings/recommendations for repair and its proposed price, the Government may award the second phase whereby the Government will authorize the contractor to make the repair, as defined in the awarded delivery order requirement.

H.1.6 Evaluation Process for Delivery Order Proposals:

H.1.6.1 Delivery order proposals for spare parts and services will be evaluated on the basis of price. The Government may utilize any techniques found in FAR 15.404, Proposal Analysis, to determine the price as fair and reasonable.

H.2 DELIVERY ORDER PRICING

H.2.1 The contractors Spare Parts Price Evaluation Sheet (Attachment 0001) proposed in response to the IDIQ Solicitation sets forth the price per each spare part for the applicable ordering year in which the order in placed.

H.2.1.1 The contractors proposed labor rates incorporated into the IDIQ contract represent the labor rates for each labor category, by ordering year, proposed and incorporated into the contract. At the delivery order level, the contractor is required to comply with the applicable wage determination for the area of performance; therefore, its labor rate proposed at the individual delivery order level shall comply with any wage determination.

H.2.1.2 For contractor employees working on a Government installation, minor (one day or less) unscheduled gate closures by security may occur at any time, causing personnel entering or exiting a closed military installation to experience a delay. This cannot be predicted or prevented. The contractor will not be compensated by the Government for minor unexpected closures or delays. On a case-by-case basis, 3 16

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depending on the length of the closure, the Government may perform a delivery order extension.

H.2.1.3 The contracting officer may require certified cost or pricing data or information other than certified cost or pricing data to support delivery order proposals or modifications in accordance with FAR 52.215-20 or FAR 52.215-21. Such information may include, but is not limited to: established catalog or market prices, sales to non-governmental and governmental entities, bill of materials and supporting documentation, invoices, Forward Pricing Rate Agreements.

H.2.1.4 The base IDIQ ATS Sustainment and Service contract and all delivery orders issued thereunder are non-commercial.

H.2.2 Travel:

Travel shall be included in the overall price of the service. However, the contractor shall break out its travel price buildup within the overall proposed service price. Travel, subsistence, and lodging shall be charged only to the extent that it is necessary for performance of a delivery order issued under this contract and allowable under the Joint Travel Regulations (JTR). IAW FAR 31.205-46(b) refundable airline tickets are unallowable.

H.2.2.1 The contractor shall not exceed the maximum per diem rates set forth by the regulations identified in FAR 31.205-46(a)(2)(ii).

The contractor shall not exceed the maximum authorized indirect rates commensurate with the firms disclosure statement/accounting practices.

H.2.2.2 Fee/profit on travel expenses is not an allowable cost on any delivery order issued against the base contract.

H.2.2.3 All travel costs associated with the employee driving to/from work shall be at the contractors expense and not charged to the

Government. All other travel expenses are subject to the JTR. The Government will not pay any travel expenses for a contractor employee to travel to/from his place of residence to/from worksite unless authorized as Rest and Recuperation (R&R) associated with Outside the

Contiguous United States (OCONUS) performance. The Government will not pay for any non-mission related travel.

H.2.2.4 The contractor shall furnish any motor vehicles needed in performing a delivery order issued against the base contract.

Additionally, the Government reserves the right to request, at any time, that the contractor provide proof of insurance for any vehicle the contractor is utilizing in direct performance of a delivery order under this contract.

H.2.2.5 Upon the Governments request, the contractor shall provide travel documentation, when necessary, in order to assist the

Government in making a fair and reasonable price determination. Such information may include, but is not limited to, the following:

H.2.2.5.1 The number of contractor personnel required to travel, including the name and position title of each traveler;

H.2.2.5.2 Duration of the trip;

H.2.2.5.3 The departure and arrival location.

H.3 RESERVED

H.4 NON-PERSONAL SERVICES

Contractor employees shall only perform tasks as directed by the Contractors management personnel. The contractor shall notify the PCO if any contractor employee reports receiving instructions, directions, or orders to perform work from Government personnel. (FAR

37.104,"Personal services contracts")

H.5 INHERENTLY GOVERNMENTAL FUNCTIONS

H.5.1 The contractor shall notify the PCO if any contractor employees are directed to perform any tasks listed in FAR 7.503(c). The contractor shall not permit contractor employees to perform such tasks, and shall ensure that all contractor employees are informed of the substance of this clause. The substance of this clause shall be included in all subcontracts at any tier.

H.6 FEDERAL HOLIDAYS

The following days are legally-recognized holidays. This list of holidays relates to Government duty days:

New Year's Day

Martin Luther King Jr.s Birthday

President's day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veteran's Day

Thanksgiving Day

Christmas Day

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H.6.1 When one of the above designated Federal Holidays falls on a Sunday, the following Monday will be observed. When a Federal Holiday falls on a Saturday, the proceeding Friday is observed.

H.6.2 In addition to the days designated as holidays, the Government observes the following days:

H.6.3 Any other day designated by Federal Statute;

H.6.4 Any other day designated by Executive Order; and

H.6.5 Any other day designated by Presidential Proclamation.

H.6.6 It is understood and agreed between the Government and the contractor that observance of such days by Government personnel shall not be a reason for an extension of the period of performance, or entitlement of compensation, except as set forth within the contract.

H.6.7 Individual delivery orders will address how the contractor shall handle specific work schedules pertaining to Federal Holidays and/or non-duty days on a Government facility.

H.7 CORPORATE CHANGES

H.7.1 The contractor shall notify both the PCO and Administrative Contracting Officer (ACO) with the Defense Contract Management Agency

(DCMA) prior to the commencement of any corporate change that may impact a prime contractors ability to participate in future requirements under the ATS Sustainment and Services contract.

H.7.2 The ATS Sustainment and Services contracting officer may request copies of all publicly available correspondence relating to corporate status and major corporate revisions, such as buyouts, sale or dissolution, and changes in personnel policy that effect this contract or delivery orders issued thereunder. Potential buyout scenarios, actual buyouts, sales and dissolutions shall be disclosed in writing to the PCO as soon as possible.

H.8 TRAINING IN USE OF GOVERNMENT SYSTEMS/WORKING ON A GOVERNMENT INSTALLATION

H.8.1 Contractor employees may be required to complete training in the use of Government systems, processes, and work on a Government facility as specified in the individual delivery order.

H.9 WORK ON A GOVERNMENT FACILITY

In performing work under this contract on a Government facility, the contractor shall:

H.9.1 Conform to the specific safety requirements established by this contract and delivery orders issued hereunder;

H.9.2 Observe all rules and regulations issued by the installation Commanding Officer, if applicable, pertaining to occupational safety, fire, safety, working conditions, sanitation, severe weather, and admission to the installation;

H.9.3 Establish a safety and health program in accordance with Occupational Safety and Health Standards (OSHA) standards 29 CFR 1910 and

1926. The contractor shall use local supplements, regulations and policy, and national consensus standards, as changed or amended, when applicable;

H.9.4 Take all reasonable steps, safety protection, and precautions to prevent accidents and preserve the life and health of Government and contractor personnel during performance under this contract or delivery orders issued hereunder;

H.9.5 Provide and enforce the use of all required Personal Protective Equipment (PPE), as prescribed in the applicable OSHA Standard, if specified for use in delivery orders issued hereunder. The contractor shall disclose the areas which require the wearing or use of PPE and/or clothing to its employees through the use of signs;

H.9.6 Obtain all necessary security and access credentials for new contractor employees prior to the reporting date if working on a

Government installation. Copies of completed security documents and any supporting material (copies of court dispositions, etc.) are to be hand-carried to the Security Office by the new employee after obtaining an access badge. All documents shall be presented to obtain an appropriate contractors security badge. Upon completion and/or termination of a contract employees employment, the contractor shall ensure all security ID badges (i.e., contractors badge and common access card (CAC)), car decals, and any other property of the

Government are returned to the COR for appropriate disposition. Additionally, privately owned vehicles belonging to contractor personnel are subject to search pursuant to applicable regulations. The award of this MA IDIQ contract does not authorize access to any military installation. Any violation of an installation regulation or of state or federal statute may result in the termination of the privilege to enter the military installation. The contractor is responsible for any costs associated with replacing an employee that is barred from a Government installation.

H.9.7 Obtain approval from the Government prior to using any radioactive or radiation-emitting material(s) and item(s), if specified for use in delivery orders issued hereunder.

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H.10 CONTRACTOR PERFORMANCE ASSESSMENT REPORT (CPAR) AND CPARS

H.10.1 Pursuant to FAR 42.1502, the contracts resulting from this solicitation will be subject to DoD's Contractor Performance

Assessment Rating System (CPARS). CPARS is an automated centralized information system accessible via the internet that maintains reports of contractor performance for each contract/task order.

H.10.2 Once a contractor is notified that there is an outstanding CPAR, the contractor shall access the CPARS website via http://www.cpars.gov/ to view and provide feedback to the government issued assessment. The Contractor shall be responsible for alerting the Government if its designated CPARS representative changes during contract performance.

H.10.3 A CPAR is required when a contract/delivery order meets the established dollar threshold for its business sector as defined in

AFARS 5142.1502-90(a). However, the PCO may require a CPAR valued below those thresholds. Additionally, a CPAR is required in all instances of termination or partial termination for default or cause immediately upon notification to the contractor, regardless of the dollar value of the contract or delivery order; show cause notices will also immediately be reflected in CPARS in accordance with AFARS

5142.1502-90(b). The cognizant DCMA office and/or the COR may provide relative information to the PCO regarding the contractor's performance to include the following areas: Technical (Quality of Product or Services); Schedule; Cost Control; Management

(Responsiveness, Subcontract Management, Program Management or Other Management); and Management of Key Personnel (for Services and

Information Technology Business Sectors). The assessment/review will be accomplished through CPARS. The completed evaluations will not be released to anyone other than Government personnel and the contractor whose performance is being evaluated. Within the time specified in the individual delivery order, the contractor shall provide the PCO with the name of the person who will be responsible for accepting or disputing the CPARS created by the Government.

H.10.4 An interim CPAR is required for new delivery orders meeting the thresholds identified in AFARS 5142.1502-90(a) and that have a period of performance greater than 365 calendar days. Interim CPARS are also required every 12 months throughout the entire period of performance of the delivery order up to the final report. Additionally, an interim CPAR is also required upon a significant change within the agency, provided that a minimum of six months of performance has occurred, such as a change in program or project management responsibility or a transfer of a contract to a different contracting activity.

H.10.5 A final CPAR will be completed by the Government upon delivery order completion. Under CPARS, the Government will conduct evaluations of each delivery order following the contractor's performance. The contractor has thirty (30) days after the Government's evaluation is completed to comment on the evaluation. The opportunity to review and comment is limited to this time period and will not be extended. Failure to review the report at this time will not prevent the Government from using the report. Final reports are to be prepared on all contracts meeting the thresholds established in AFARS 5142.1502-90(a) with a period of performance of less than 365 calendar days but no more than 18 months. The final CPAR will only address information on the period of performance since the last CPAR.

The contractor may request a meeting to discuss the CPARS. The meeting is to be requested via e-mail no later than seven days following receipt of the CPAR. A meeting will then be held during the contractors 30-day review period.

H.10.6 TO BE COMPLETED AT TIME OF AWARD: The CPARS system requires the Government to assign the contractor a UserID and password in order to view and comment on the evaluation. Within 30 days of IDIQ contract award, the contractor shall provide the name(s) of at least one individual (not more than three) that will be assigned as your Defense Contractor Representative for CPARS.

Name:

Phone:

Email Address:

Name:

Phone:

Email Address:

Name:

Phone:

Email Address:

H.11 AVOIDANCE OF ORGANIZATIONAL CONFLICTS OF INTEREST (OCIs)

H.11.1 Definition. The term "Organizational Conflict of Interest" is defined in FAR Subpart 2.10; see also FAR 9.502(c).

H.11.1.1 Intent. Nothing in paragraph H.12 of this contract is intended to further broaden the OCI limitations and general rules found in FAR 9.505.

H.11.2 Agreement. At all relevant times, the parties agree to avoid or mitigate any actual or potential OCI they identify in connection with this IDIQ contract and any delivery order issued hereunder. Any OCI(s) identified prior to award of the IDIQ contract and delivery orders issued hereunder are addressed in paragraph H.12.3. OCIs that are not identified until after IDIQ award are addressed in paragraphs H.12.5 and H.12.6. Compliance with these OCI requirements is a material obligation of the contract. The rights and remedies described herein shall not be exclusive and are in addition to other rights and remedies provided by law, including those set forth at

FAR Subpart 9.5, or elsewhere included in this contract. If a contractor fails to comply with these requirements, the Government may terminate the IDIQ contract and/or delivery order(s) for default, disqualify the contractor for subsequent related delivery orders, and/or pursue other remedies available under the law.

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H.11.3 OCI(s) Arising Before Contract Award (Identified by the Contractor). Offerors shall review and compare its existing contracts to the contract requirements and shall notify the PCO of any potential or actual OCIs before the closing date of the solicitation.

H.11.4 OCI(s) Arising After Contract Award (Identified by the contractor). Should the contractor, during the performance of this contract, become aware of any OCI(s) beyond any identified prior to contract award (which may result, for example, if the contractor receives one or more new contracts, whether as a prime contractor, a subcontractor, or as a partner or member of a teaming arrangement), the contractor agrees to:

H.11.4.1 Notify the PCO of the OCI, in writing, and;

H.11.4.2 Recommend to the Government a mitigation approach which would avoid the OCI entirely, or, H.11.4.3 Submit an OCI mitigation plan for approval that:

H.11.4.3.1 Describes in detail the circumstance(s) that create the OCI; and

H.11.4.3.2 Outlines in detail the actions to be taken in the performance of the contract and/or delivery order (as applicable) to mitigate the OCI.

H.11.4.4 The Government reserves the right to reject a contractors proposed mitigation approach and an OCI mitigation plan if the PCO determines the proposed plan is not adequate.

H.11.4.5 If approved, the OCI mitigation plan (submitted IAW H.12.4.3) will be incorporated into this contract and subsequent delivery orders, as applicable, by subsequent bilateral modification(s). The Government reserves the right to review and monitor compliance with the OCI mitigation plan(s) as needed.

H.11.4.6 If the PCO finds that it is in the best interest of the Government to award a delivery order notwithstanding a conflict of interest, the contractor shall submit a request for waiver IAW FAR 9.503.

H.11.5 OCI(s) Arising After Contract Award (Identified by the Government): Should the Government, during the performance of this contract, identify any OCI(s) not previously identified and addressed the PCO will:

H.11.5.1 Notify the contractor, in writing, of the relevant details, explaining how the OCI arose, and specifying the nature of the OCI;

and

H.11.5.2 Require the contractor to propose a strategy to negate the OCI entirely or an OCI mitigation plan, as described above.

H.11.6 To avoid or mitigate the effect of any OCI, the contractor shall take the following actions when it has provided or intends to provide services in accordance with FAR 9.505:

H.11.6.1 Organizational Conflict of Interest Mitigation Plan

H.11.6.1.1 For the base contract and any delivery order issued hereunder, the term "contractor" means (i) the organization (hereinafter referred to as "it" or "its") entering into this contract with the U.S. Government; (ii) all business organizations with which it may merge, join, or affiliate, now or in the future, and in any manner whatever, or which hold or may obtain, by purchase or otherwise, direct or indirect control of it; (iii) its parent organization (if any) or its present or future subsidiaries, associates, affiliates, or holding companies, and (iv) any organization or enterprise over which it has direct or indirect control (now or during the period of performance of this contract).

H.11.6.1.2 The contractor shall enter into a written agreement with the owner(s) of confidential, sensitive business, proprietary data, or trade secrets to which the contractor receives access, either directly during the course of performance of this contract or inadvertently, to protect the data from unauthorized use or disclosure as long as the data remains sensitive, confidential, or proprietary. Alternatively, the contractor will sign a Non-Disclosure Agreement (NDA) pursuant to the agreement between the owner of the data and the U.S. Government. The contractor will provide the contracting officer with copies of such written agreements in accordance with FAR 9.505-4 within 15 business days of execution.

H.11.6.1.3 The contractor agrees to protect the proprietary data and rights of other business concerns, obtained from any source directly or indirectly during the performance of this contract, with the same caution that a reasonable, prudent contractor would use to safeguard the contractors own proprietary data and rights. In addition, the contractor agrees not to utilize the data in supplying hardware or in performing services or studies on contracts which may be awarded by the Department of Defense on a competitive basis. The contractor agrees not to use proprietary data for any purpose other than that for which it was furnished.

H.11.6.1.4 Notwithstanding paragraph H.12.4.1.3 above and any other provision herein, the protection and exclusion of the use of proprietary data shall be extended for so long as the data remains proprietary. However, such protection and exclusion shall not be in

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effect when the data is lawfully obtained by the contractor from some other sources without restriction.

H.11.6.1.4.1 The contractor shall not distribute confidential, proprietary, or sensitive data to any party without contracting officer approval. All proprietary data and any derivative shall be returned to the Government at the end of the period of performance of delivery orders issued hereunder.

H.11.6.1.4.2 Subcontracts: The contractor shall include the H.12.6.1 OCI provisions, including this paragraph, in subcontracts at any tier which involve access to information covered in H.12.4.1.3 above. The use of this clause in such subcontracts shall be read by substituting the word "subcontractor" for the word "contractor" whenever the latter appears. When the provisions of this clause are included in a subcontract, the term "contracting officer" shall represent the head of the contracts office of the prime contractor. Any deviations or less restrictive coverage deemed necessary or required by the prime contractor for a particular subcontract must first be submitted to the contracting officer for approval.

H.11.6.1.4.3 The contractor agrees to train its employees through formal training, company policy information directives and procedures, or by providing an awareness of the legal provisions of FAR Part 9, Subpart 9.5, so that each employee will understand the requirements pertaining to safeguarding information received under this contract from anyone other than the contractor's employees who have a need to know.

H.11.6.1.5.4 The contracting officer or his designated representatives shall have full access for inspection of the contractor's premises, policies, and records for the purpose of reviewing actions and programs undertaken by the contractor to safeguard all information derived or received from this contract so that full compliance with FAR Subpart 9.5 requirements is achieved.

H.11.7 The contractor agrees to indemnify and hold harmless the Government, its agents, and employees from any claim or liability, including attorneys fees, court costs, and expenses arising out of, or in any way related to the misuse or unauthorized modification, reproduction, release, performance, display, or disclosure of third-party proprietary information marked with restrictive legends that was provided by the Government to the contractor by any person to whom the contractor subsequently released or disclosed the data.

H.12 SITE VISIT

H.12.1 The contractor may need to inspect the site where services for individual Delivery Orders are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtained. In no event shall failure to inspect the site constitute grounds for a claim after contract/delivery order award.

H.12.2 Site visits may be arranged during normal business hours by contacting:

Name: Will be provided in RFDOP

Address: Will be provided in RFDOP

Telephone: Will be provided in RFDOP

H.13 SITE CONDITIONS

H.13.1 For each individual Delivery Order, the Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of:

H.13.1.1 Subsurface or latent physical conditions at the site which differ materially from those indicated in this contract; or

H.13.1.2 Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

H.13.2 The Contracting Officer will investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase in the Contractors cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment may be made under this provision and the contract modified in writing accordingly.

H.13.3 No request by the Contractor for an equitable adjustment to the contract under this provision shall be allowed, unless the

Contractor has given the written notice required.

H.13.4 No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

H.13.5 The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to:

H.13.5.1 Conditions bearing upon transportation, disposal, handling, and storage of materials;

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H.13.5.2 The availability of labor, water, electric power, and roads;

H.13.5.3 Uncertainties of weather, river stages, tides, or similar physical conditions at the site;

H.13.5.4 The conformation and conditions of the ground; and

H.13.5.5 The character of equipment and facilities needed preliminary to and during work performance.

H.13.6 The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the contractor to take the actions described and acknowledge in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

H.13.7 The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representations made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

H.14 SITE MANAGEMENT

H.14.1 The Contractors responsibility for the conditions of the site extends from the initial acquisition and receipt of the site, through stewardship, custody, and use until formally relieved of responsibility by authorized means, including delivery, consumption, expending, or other disposition, or via a completed investigation, evaluation, and final determination of site conditions. This requirement applies to all Government sites under the Contractors accountability, stewardship, possession or control, including its vendors or subcontractors (see paragraph H.20.1.2).

H.14.2 The Contractor shall include the requirements of this provision in all subcontracts under which Government sites are furnished for subcontract performance.

H.14.3 The Contractor shall establish and maintain procedures necessary to assess site management system effectiveness and shall perform periodic internal reviews, surveillances, self-assessments, or audits. Significant findings or results of such reviews and audits pertaining to Government sites shall be made available to the Contracting Officer.

H.15 USE OF GOVERNMENT SITES

H.15.1 The Contractor shall use Government sites furnished under this contract, only for performing this contract, unless otherwise provided for in this contract or approved by the Contracting Officer.

H.15.2 Modifications or alterations of Government sites are prohibited, unless they are:

H.15.2.1 Reasonable and necessary due to the scope of work under this contract or its terms and conditions;

H.15.2.2 Required for normal maintenance; or

H.15.2.3 Otherwise authorized by the Contracting Officer.

H.15.3 The Contractor shall not cannibalize Government sites unless otherwise provided for in this contract or approved by the

Contracting Officer.

H.16 GOVERNMENT SITES

H.16.1 The Government will provide access to the Government sites described in this contract to the Contractor. The Government will furnish related data and information needed for the intended use of the site.

H.16.2 The delivery and/or performance dates specified in this contract are based upon the expectation that the Government site will be suitable for contract performance and will be available to the Contractor by the dates stated in the contract.

H.16.2.1 If the site is not available to the Contractor by the dates stated in the contract, the Contracting Officer may, upon the

Contractors timely written request, consider an equitable adjustment to the contract.

H.16.2.2 In the event the site is in a condition not suitable for contract performance, the Contracting Officer may, upon the

Contractors timely written request, advise the Contractor on a course of action to remedy the problem. Such action may include repairing, replacing, or modifying the site at the Governments expense. Upon completion of the required actions(s), the Contracting

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Officer may consider an equitable adjustment to the contract.

H.16.2.3 The Government may, at its option, make sites available in an as-is condition. The Contractor may be given the opportunity to inspect the site prior to Delivery Order proposal. In such cases, the Government makes no warranty with respect to the serviceability and/or suitability of the site for contract performance. Any repairs, replacement, and/or refurbishment shall be at the Contractors expense.

H.16.3 The Contracting Officer may by written notice, at any time:

H.16.3.1 Increase or decrease the amount of Government sites under this contract; or

H.16.3.2 Withdraw authority to use sites.

H.17 CONTRACTOR PLANS AND SYSTEMS

H.17.1 Contractors shall establish and implement property management plans, systems, and procedures at the contract, program, site or entity level to enable the following outcomes:

H.17.1.1 Access to Government Site. The Contractor shall receive access to the Government site and document receipt.

H.17.1.1.1. Government Site. The Contractor shall furnish a written statement to the Contracting Officer upon receipt of access to

Government site containing all relevant facts, such as cause or condition and a recommended course(s) of action if the Contractor determines the site is not in a condition suitable for it to begin contract performance. If the Contractor makes such a determination, it shall provide sufficient detail, in writing, to the Contracting Officer as to what it believes is the reason for the issues within 2 business days of when the issues were discovered. The Contracting Officer will take reasonable steps to investigate and/or adjudicate the

Contractors concerns and present corrective actions, if any, the Government will take (see Section H.15). Throughout the installation time period, issues shall be reported to the PCO and COR within 2 business days of discovery. The government will investigate each claim. The contractor will be held liable for any consequential, special, or incidental losses or damages for filing a false infrastructure claim.

H.17.1.1.2. If the Contractor does not provide a written statement to the Contractor documenting the site conditions within 2 business days, as described in H.17.1.1.1 above, the Government will assume that the Contractor finds the site suitable for it to begin contract performance.

H.17.1.2 Subcontractor Control.

H.17.1.2.1 The Contractor shall award subcontracts that clearly identify Government sites required to be accessed and the extent of any restrictions or limitations related to the Government sites. The Contractor shall ensure appropriate flow down of contract terms and conditions (e.g., extent of liability for change in conditions to Government sites).

H.17.1.2.2 The Contractor shall assure its subcontractors are properly administered and reviews are periodically performed to determine the adequacy of the subcontractors property management system.

H.17.1.3 Reports. The Contractor shall have a process to create and provide reports of discrepancies, change in site conditions, surveillance, audits and self-assessments, corrective actions, and other property related reports as directed by the Contracting

Officer.

H.17.1.4 Relief of Stewardship Responsibility and Liability. The Contractor shall have a process to enable the prompt recognition, investigation, disclosure and report of change in condition of Government site, including changes resulting from subcontractor use.

H.17.1.4.1 This process shall include the corrective actions necessary to prevent recurrence.

H.17.1.4.2 Unless otherwise directed by the Contracting Officer, the Contractor shall investigate and report to the Government all incidents of site condition change within 2 business days. Such reports shall, at a minimum, contain the following information:

H.17.1.4.2.1 Date of incident (if known).

H.17.1.4.2.2 Accountable contract number or equivalent code designation

H.17.1.4.2.3 Location.

H.17.1.4.2.4 Disposition.

H.17.1.4.2.5 Posting reference and date of transaction.

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H.17.1.4.2.6 A statement indicating current or future need.

H.17.1.4.2.7 Estimated repair or preplacement costs.

H.17.1.4.2.8 All known interest in commingled material of which includes Government Material.

H.17.1.4.2.9 Cause and corrective action taken or to be taken to prevent recurrence.

H.17.1.4.2.10 A statement that the Government will receive compensation covering the loss of Government property, in the event the

Contractor was or will be reimbursed or compensated.

H.17.1.4.2.11 Copies of all supporting documentation.

H.17.1.4.2.12 Last known location.

H.17.1.4.2.13 A statement that the property did or did not contain sensitive, export controlled, hazardous, or toxic material, and that the appropriate agencies and authorities were notified.

H.17.1.4.3 Unless the contract provides otherwise, the Contractor shall be relieved of stewardship responsibility and liability for site condition changes when:

H.17.1.4.3.1 Such changes are the result of reasonable usage, or otherwise accounted for, in the performance of the contract as determined by the Contracting Officer; or

H.17.1.4.3.2 Contracting Officer grants relief of responsibility and liability for condition change of Government site

H.17.1.5 Maintenance. The Contractor shall properly maintain Government sites. The Contractors maintenance program shall enable the identification, disclosure, and performance of normal and routine preventative maintenance and repair. The Contractor shall disclose and report to the Contracting Officer the need for replacement and/or capital rehabilitation.

H.18 CONTRACTS OUTSIDE THE UNITED STATES.

If this contract is to be performed outside the United States and its outlying areas, the words Government and Government-furnished shall be construed as United States Government and United States Government-furnished, respectively.

*** 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________________ ____________________________________________________________ _______________ ____________ _______________________________ ____________________________________________________________ _______________ ____________ _______________

Exhibit A CONTRACT DATA REQUIREMENTS LIST 11-JAN-2016 006

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SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

Instructions to Offerors:

L.1 The Cost/Price Factor Volume proposals include Five Parts, as follows:

Part One- Attachment 0001- Spare Parts Price Evaluation Spreadsheet

Part Two- Attachment 0003-Government Format Pricing Model (GFPM)-Pricing Matrix

Part Three- Cost Proposal Narrative including Basis of Estimates

Part Four- Offeror Format Pricing Model (OFPM) Spreadsheets.

Part Five- DCAA and DCMA information.

Each section is described below.

L.1.1 The Government has provided a known parts list on a tab in this spreadsheet. The offeror may update and add relevant spare parts to the pricing sheet that they see applicable for each targetry system. Please note any new or previously unknown components by highlighting them in yellow. The offeror shall fill in all columns D thru AB provided under each CLIN. The offeror shall complete entries for all ordering periods.

L.1.2 Column A - Exhibit Line Item Number (ELIN): This is a general numbering of the parts within the list. If the offeror needs additional rows then the offeror may insert a row(s) below the last ELIN and continue the numbering accordingly. At the time of award, the Government will re-number each row in an ascending order for each part listed on the spreadsheet.

L.1.3 Column B - Part Number (P/N): List the manufacturers part number associated with all end items, major assemblies, subassemblies, or component parts.

L.1.4 Column C - Item Description: Provide the name for each Item. If the Item is considered an end item, include the type of power (AC or DC), type of communication (RF or HW (Ethernet, serial)), and End item Name in the Item Description column. For example: AC, HW

(serial), SIT. The offeror is allowed to propose multiple End Items under each CLIN. The offeror shall organize all corresponding Major

Assemblies, Subassemblies, and Component Parts below each End Item the offeror provides.

L.1.5 Column D Obsolete. Replaced by P/N: Leave this column blank if the part number listed in Column B is still active. If obsolete, indicate the replacement part number in Column I. If the replacement P/N is not already listed in Column B on the spreadsheet, add a line to the bottom of the spreadsheet for the replacement P/N and fill in all of the data accordingly.

L.1.6 Column H Make The offeror shall advise whether this is a component made in-house. If so, the offeror shall place an X in this column. For each part contained in Attachment 0001, either column H or column I should have an X.

L.1.7 Column I Buy The offeror shall advise whether this component is procured on a subcontractor basis. If so, the offeror shall place an X in this column. For each part contained in Attachment 0001, either column H or column I should have an X.

L.1.8 Columns J to X - Quantity Ranges: The Offeror shall enter firm fixed unit prices for each Quantity Range on the Spare Parts Price

Evaluation Sheet. The offeror shall input economical prices for each quantity range and each part listed. Unit prices shall be entered electronically in the Price Evaluation Spreadsheet. The Offeror shall provide range pricing in columns J X for each Quantity Periods.

Offerors shall enter unit prices in US Dollars and rounded to the nearest whole penny ($.01).

L.1.9 Columns Y to AB: Recommended Discount QTY Ranges: In columns Y to AB , Offerors are invited to propose alternate quantity ranges which are economically advantageous to the Government. Entering alternated quantity ranges in columns Y to AB does not exclude the offeror from providing prices in columns J to X . If the offeror inputs alternate quantity ranges, the offeror shall be prepared to provide unit pricing for those ranges upon the Government's request.

General Notes:_____________

L.1.10 The Offeror shall include the completed electronic version of the Spare Parts Price Evaluation Spreadsheet with its proposal.

Offerors must submit their proposed unit prices in Excel format. Submissions in other formats such as hand-written, scanned, or .PDF will not be accepted.

L.1.11 The Government reserves the right to request additional or more detailed cost/price breakdown data to support its determination of price reasonableness.

L.1.12 If an offeror fails to submit unit prices for all quantity ranges and Ordering Periods its proposal may be considered unacceptable and the Government may reject the proposal.

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L.2 Services Proposal

L.2.1. L.1.15. Attachment 0003-Government Format Pricing Model (GFPM) is the Government Format Spreadsheet with miltiple tabs including:

- Instructions

- Proposed Manpower Requirements and Fully Burdened Labor Rates (FBLR) for the Base Period and Ordering

Years 1 through 4. - Travel

The offeror shall fill in the Government Format Pricing Spreadsheet (Attachment 0003), IAW the following instructions (throughout

Section L) and also IAW "Instructions" tab on Attachment 0003.

L.2.2 The Offeror may propose up to Seven Fully Burdened CONUS Labor Rates (FBLR), which may be a blended rate or composite rate (See

L.4.3) and shall cover all the CONUS and OCONUS locations inclusive of profit, per Calendar Year for each of the five years of the ordering agreement. OCONUS add-on for Defense Base Act, and any Post Differential will be negotiated when Task Orders are issued. Note that Offerors that are Cost Accounting Standard (CAS) covered and are required to disclose their accounting practices may deviate from providing a Government Format Pricing Model (GFPM) Attachment 0002 and may submit its cost proposal in their own Offeror Format Pricing

Model (OFPM), provided that a copy of their latest CAS Disclosure Statement (DS1) including Revision No, and Effective Date, is…