W900KK-19-R-0006-0002_Amendment.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to incorporate attachment 17, additional questions and answ ers, one (1) through five (5), revise sections L and M of the RFP, delete duplicate clause 252.227-7013, incorporate clause 252.227-7014 by full text, and extend the hour and date for receipt of offer. All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 40

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

16C. DATE SIGNED

BY 05-Jun-2019

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W900KK-19-R-0006

X 9B. DATED (SEE ITEM 11)

25-Apr-2019

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer 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 2 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

05-Jun-2019

CODE

ARMY CONTRACTING COMMAND - ORLANDO

ATTN: BRAVO DIVISION

12211 SCIENCE DRIVE

ORLANDO FL 32826-3224

W900KK 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W900KK-19-R-0006

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 12-Jun-2019 02:00 PM to 19-Jun-2019 02:00 PM.

SECTION I - CONTRACT CLAUSES

The following have been deleted:

252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014

The following were previously included by reference and are now included by full text:

252.227-7014 RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL

COMPUTER SOFTWARE DOCUMENTATION (FEB 2014)

(a) Definitions. As used in this clause--

(1) Commercial computer software means software developed or regularly used for nongovernmental purposes which--

(i) Has been sold, leased, or licensed to the public;

(ii) Has been offered for sale, lease, or license to the public;

(iii) Has not been offered, sold, leased, or licensed to the public but will be available for commercial sale, lease, or license in time to satisfy the delivery requirements of this contract; or

(iv) Satisfies a criterion expressed in paragraph (a)(1) (i), (ii), or (iii) of this clause and would require only minor modification to meet the requirements of this contract.

(2) Computer database means a collection of recorded data in a form capable of being processed by a computer. The term does not include computer software.

(3) Computer program means a set of instructions, rules, or routines, recorded in a form that is capable of causing a computer to perform a specific operation or series of operations.

(4) Computer software means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae, and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer databases or computer software documentation.

(5) Computer software documentation means owner's manuals, user's manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software.

(6) Covered Government support contractor means a contractor (other than a litigation support contractor covered by 252.204-7014) under a contract, the primary purpose of which is to furnish independent and impartial advice or technical assistance directly to the Government in support of the Government's management and oversight of a program or effort (rather than to directly furnish an end item or service to accomplish a program or effort), provided that the contractor--

(i) Is not affiliated with the prime contractor or a first-tier subcontractor on the program or effort, or with any direct competitor of such prime contractor or any such first-tier subcontractor in furnishing end items or services of the type developed or produced on the program or effort; and

(ii) Receives access to technical data or computer software for performance of a Government contract that contains the clause at 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.

(7) Developed means that--

(i) A computer program has been successfully operated in a computer and tested to the extent sufficient to demonstrate to reasonable persons skilled in the art that the program can reasonably be expected to perform its intended purpose;

(ii) Computer software, other than computer programs, has been tested or analyzed to the extent sufficient to demonstrate to reasonable persons skilled in the art that the software can reasonably be expected to perform its intended purpose; or

(iii) Computer software documentation required to be delivered under a contract has been written, in any medium, in sufficient detail to comply with requirements under that contract.

(8) Developed exclusively at private expense means development was accomplished entirely with costs charged to indirect cost pools, costs not allocated to a government contract, or any combination thereof.

(i) Private expense determinations should be made at the lowest practicable level.

(ii) Under fixed-price contracts, when total costs are greater than the firm-fixed-price or ceiling price of the contract, the additional development costs necessary to complete development shall not be considered when determining whether development was at government, private, or mixed expense.

(9) Developed exclusively with government funds means development was not accomplished exclusively or partially at private expense.

(10) Developed with mixed funding means development was accomplished partially with costs charged to indirect cost pools and/or costs not allocated to a government contract, and partially with costs charged directly to a government contract.

(11) Government purpose means any activity in which the United States Government is a party, including cooperative agreements with international or multi-national defense organizations or sales or transfers by the United States Government to foreign governments or international organizations. Government purposes include competitive procurement, but do not include the rights to use, modify, reproduce, release, perform, display, or disclose computer software or computer software documentation for commercial purposes or authorize others to do so.

(12) Government purpose rights means the rights to--

(i) Use, modify, reproduce, release, perform, display, or disclose computer software or computer software documentation within the Government without restriction; and

(ii) Release or disclose computer software or computer software documentation outside the Government and authorize persons to whom release or disclosure has been made to use, modify, reproduce, release, perform, display, or disclose the software or documentation for United States government purposes.

(13) Minor modification means a modification that does not significantly alter the nongovernmental function or purpose of the software or is of the type customarily provided in the commercial marketplace.

(14) Noncommercial computer software means software that does not qualify as commercial computer software under paragraph (a)(1) of this clause.

(15) “Restricted rights” apply only to noncommercial computer software and mean the Government's rights to--

(i) Use a computer program with one computer at one time. The program may not be accessed by more than one terminal or central processing unit or time shared unless otherwise permitted by this contract;

(ii) Transfer a computer program to another Government agency without the further permission of the Contractor if the transferor destroys all copies of the program and related computer software documentation in its possession and notifies the licensor of the transfer. Transferred programs remain subject to the provisions of this clause;

(iii) Make the minimum number of copies of the computer software required for safekeeping (archive), backup, or modification purposes;

(iv) Modify computer software provided that the Government may--

(A) Use the modified software only as provided in paragraphs (a)(15)(i) and (iii) of this clause; and

(B) Not release or disclose the modified software except as provided in paragraphs (a)(15)(ii), (v), (vi), and (vii) of this clause;

(v) Permit contractors or subcontractors performing service contracts (see 37.101 of the Federal Acquisition Regulation) in support of this or a related contract to use computer software to diagnose and correct deficiencies in a computer program, to modify computer software to enable a computer program to be combined with, adapted to, or merged with other computer programs or when necessary to respond to urgent tactical situations, provided that--

(A) The Government notifies the party which has granted restricted rights that a release or disclosure to particular contractors or subcontractors was made;

(B) Such contractors or subcontractors are subject to the use and non-disclosure agreement at 227.7103-7 of the Defense Federal Acquisition Regulation Supplement (DFARS) or are Government contractors receiving access to the software for performance of a Government contract that contains the clause at DFARS 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends;

(C) The Government shall not permit the recipient to decompile, disassemble, or reverse engineer the software, or use software decompiled, disassembled, or reverse engineered by the Government pursuant to paragraph (a)(15)(iv) of this clause, for any other purpose; and

(D) Such use is subject to the limitations in paragraphs (a)(15)(i) through (iii) of this clause;

(vi) Permit contractors or subcontractors performing emergency repairs or overhaul of items or components of items procured under this or a related contract to use the computer software when necessary to perform the repairs or overhaul, or to modify the computer software to reflect the repairs or overhaul made, provided that--

(A) The intended recipient is subject to the use and non-disclosure agreement at DFARS 227.7103-7 or is a Government contractor receiving access to the software for performance of a Government contract that contains the clause at DFARS 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends;

(B) The Government shall not permit the recipient to decompile, disassemble, or reverse engineer the software, or use software decompiled, disassembled, or reverse engineered by the Government pursuant to paragraph (a)(15)(iv) of this clause, for any other purpose; and

(C) Such use is subject to the limitations in paragraphs (a)(15)(i) through (iii) of this clause; and

(vii) Permit covered Government support contractors in the performance of covered Government support contracts that contain the clause at 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends, to use, modify, reproduce, perform, display, or release or disclose the computer software to a person authorized to receive restricted rights computer software, provided that—

(A) The Government shall not permit the covered Government support contractor to decompile, disassemble, or reverse engineer the software, or use software decompiled, disassembled, or reverse engineered by the Government pursuant to paragraph (a)(15)(iv) of this clause, for any other purpose; and

(B) Such use is subject to the limitations in paragraphs (a)(15)(i) through (iv) of this clause.

(16) Unlimited rights means rights to use, modify, reproduce, release, perform, display, or disclose computer software or computer software documentation in whole or in part, in any manner and for any purpose whatsoever, and to have or authorize others to do so.

(b) Rights in computer software or computer software documentation. The Contractor grants or shall obtain for the Government the following royalty free, world-wide, nonexclusive, irrevocable license rights in noncommercial computer software or computer software documentation. All rights not granted to the Government are retained by the Contractor.

(1) Unlimited rights. The Government shall have unlimited rights in--

(i) Computer software developed exclusively with Government funds;

(ii) Computer software documentation required to be delivered under this contract;

(iii) Corrections or changes to computer software or computer software documentation furnished to the Contractor by the Government;

(iv) Computer software or computer software documentation that is otherwise publicly available or has been released or disclosed by the Contractor or subcontractor without restriction on further use, release or disclosure, other than a release or disclosure resulting from the sale, transfer, or other assignment of interest in the software to another party or the sale or transfer of some or all of a business entity or its assets to another party;

(v) Computer software or computer software documentation obtained with unlimited rights under another Government contract or as a result of negotiations; or

(vi) Computer software or computer software documentation furnished to the Government, under this or any other Government contract or subcontract thereunder with--

(A) Restricted rights in computer software, limited rights in technical data, or government purpose license rights and the restrictive conditions have expired; or

(B) Government purpose rights and the Contractor's exclusive right to use such software or documentation for commercial purposes has expired.

(2) Government purpose rights. (i) Except as provided in paragraph (b)(1) of this clause, the Government shall have government purpose rights in computer software development with mixed funding.

(ii) Government purpose rights shall remain in effect for a period of five years unless a different period has been negotiated. Upon expiration of the five-year or other negotiated period, the Government shall have unlimited rights in the computer software or computer software documentation. The government purpose rights period shall commence upon execution of the contract, subcontract, letter contract (or similar contractual instrument), contract modification, or option exercise that required development of the computer software.

(iii) The Government shall not release or disclose computer software in which it has government purpose rights to any other person unless--

(A) Prior to release or disclosure, the intended recipient is subject to the use and non-disclosure agreement at DFARS 227.7103-7; or

(B) The recipient is a Government contractor receiving access to the software or documentation for performance of a Government contract that contains the clause at DFARS 252.227-7025, Limitations on the Use or Disclosure of Government Furnished Information Marked with Restrictive Legends.

(3) Restricted rights. (i) The Government shall have restricted rights in noncommercial computer software required to be delivered or otherwise provided to the Government under this contract that were developed exclusively at private expense.

(ii) The Contractor, its subcontractors, or suppliers are not required to provide the Government additional rights in noncommercial computer software delivered or otherwise provided to the Government with restricted rights.

However, if the Government desires to obtain additional rights in such software, the Contractor agrees to promptly enter into negotiations with the Contracting Officer to determine whether there are acceptable terms for transferring such rights. All noncommercial computer software in which the Contractor has granted the Government additional rights shall be listed or described in a license agreement made part of the contract (see paragraph (b)(4) of this clause). The license shall enumerate the additional rights granted the Government.

(iii) The Contractor acknowledges that--

(A) Restricted rights computer software is authorized to be released or disclosed to covered Government support contractors;

(B) The Contractor will be notified of such release or disclosure;

(C) The Contractor (or the party asserting restrictions, as identified in the restricted rights legend) may require each such covered Government support contractor to enter into a non-disclosure agreement directly with the Contractor (or the party asserting restrictions) regarding the covered Government support contractor's use of such software, or alternatively, that the Contractor (or party asserting restrictions) may waive in writing the requirement for a non-disclosure agreement; and

(D) Any such non-disclosure agreement shall address the restrictions on the covered Government support contractor's use of the restricted rights software as set forth in the clause at 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends. The non-disclosure agreement shall not include any additional terms and conditions unless mutually agreed to by the parties to the non-disclosure agreement.

(4) Specifically negotiated license rights. (i) The standard license rights granted to the Government under paragraphs (b)(1) through (b)(3) of this clause, including the period during which the Government shall have government purpose rights in computer software, may be modified by mutual agreement to provide such rights as the parties consider appropriate but shall not provide the Government lesser rights in computer software than are enumerated in paragraph (a)(15) of this clause or lesser rights in computer software documentation than are enumerated in paragraph (a)(14) of the Rights in Technical Data--Noncommercial Items clause of this contract.

(ii) Any rights so negotiated shall be identified in a license agreement made part of this contract.

(5) Prior government rights. Computer software or computer software documentation that will be delivered, furnished, or otherwise provided to the Government under this contract, in which the Government has previously obtained rights shall be delivered, furnished, or provided with the pre-existing rights, unless--

(i) The parties have agreed otherwise; or

(ii) Any restrictions on the Government's rights to use, modify, reproduce, release, perform, display, or disclose the data have expired or no longer apply.

(6) Release from liability. The Contractor agrees to release the Government from liability for any release or disclosure of computer software made in accordance with paragraph (a)(15) or (b)(2)(iii) of this clause, in accordance with the terms of a license negotiated under paragraph (b)(4) of this clause, or by others to whom the recipient has released or disclosed the software, and to seek relief solely from the party who has improperly used, modified, reproduced, released, performed, displayed, or disclosed Contractor software marked with restrictive legends.

(c) Rights in derivative computer software or computer software documentation. The Government shall retain its rights in the unchanged portions of any computer software or computer software documentation delivered under this contract that the Contractor uses to prepare, or includes in, derivative computer software or computer software documentation.

(d) Third party copyrighted computer software or computer software documentation. The Contractor shall not, without the written approval of the Contracting Officer, incorporate any copyrighted computer software or computer software documentation in the software or documentation to be delivered under this contract unless the Contractor is the copyright owner or has obtained for the Government the license rights necessary to perfect a license or licenses in the deliverable software or documentation of the appropriate scope set forth in paragraph (b) of this clause, and prior to delivery of such--

(1) Computer software, has provided a statement of the license rights obtained in a form acceptable to the Contracting Officer; or

(2) Computer software documentation, has affixed to the transmittal document a statement of the license rights obtained.

(e) Identification and delivery of computer software and computer software documentation to be furnished with restrictions on use, release, or disclosure. (1) This paragraph does not apply to restrictions based solely on copyright.

(2) Except as provided in paragraph (e)(3) of this clause, computer software that the Contractor asserts should be furnished to the Government with restrictions on use, release, or disclosure is identified in an attachment to this contract (the Attachment). The Contractor shall not deliver any software with restrictive markings unless the software is listed on the Attachment.

(3) In addition to the assertions made in the Attachment, other assertions may be identified after award when based on new information or inadvertent omissions unless the inadvertent omissions would have materially affected the source selection decision. Such identification and assertion shall be submitted to the Contracting Officer as soon as practicable prior to the scheduled data for delivery of the software, in the following format, and signed by an official authorized to contractually obligate the Contractor: Identification and Assertion of Restrictions on the Government's Use, Release, or Disclosure of Computer Software.

The Contractor asserts for itself, or the persons identified below, that the Government's rights to use, release, or disclose the following computer software should be restricted:

Computer Software to be Fur- Basis for Asserted Rights Name of Person Asserting nished With Restrictions * Assertion ** Category *** Restrictions ****

* Generally, development at private expense, either exclusively or partially, is the only basis for asserting restrictions on the Government's rights to use, release, or disclose computer software.

** Indicate whether development was exclusively or partially at private expense. If development was not a private expense, enter the specific reason for asserting that the Government's rights should be restricted.

*** Enter asserted rights category (e.g., restricted or government purpose rights in computer software, government purpose license rights a prior contract, rights in SBIR software generated under another contract, or specifically negotiated licenses).

**** Corporation, individual, or other person, as appropriate.

Date

Printed Name and Title

Signature

End of identification and assertion)

(4) When requested by the Contracting Officer, the Contractor shall provide sufficient information to enable the Contracting Officer to evaluate the Contractor's assertions. The Contracting Officer reserves the right to add the Contractor's assertions to the Attachment and validate any listed assertion, at a later date, in accordance with the procedures of the Validation of Asserted Restrictions--Computer Software clause of this contract.

(f) Marking requirements. The Contractor, and its subcontractors or suppliers, may only assert restrictions on the Government's rights to use, modify, reproduce, release, perform, display, or disclose computer software by marking the deliverable software or documentation subject to restriction. Except as provided in paragraph (f)(5) of this clause, only the following legends are authorized under this contract; the government purpose rights legend at paragraph (f)(2) of this clause; the restricted rights legend at paragraph (f)(3) of this clause; or the special license rights legend at paragraph (f)(4) of this clause; and/or a notice of copyright as prescribed under 17 U.S.C. 401 or 402.

(1) General marking instructions. The Contractor, or its subcontractors or suppliers, shall conspicuously and legibly mark the appropriate legend on all computer software that qualify for such markings. The authorized legends shall be placed on the transmitted document or software storage container and each page, or portions thereof, of printed material containing computer software for which restrictions are asserted. Computer software transmitted directly from one computer or computer terminal to another shall contain a notice of asserted restrictions. However, instructions that interfere with or delay the operation of computer software in order to display a restrictive rights legend or other license statement at any time prior to or during use of the computer software, or otherwise cause such interference or delay, shall not be inserted in software that will or might be used in combat or situations that simulate combat conditions, unless the Contracting Officer's written permission to deliver such software has been obtained prior to delivery. Reproductions of computer software or any portions thereof subject to asserted restrictions, shall also reproduce the asserted restrictions.

(2) Government purpose rights markings. Computer software delivered or otherwise furnished to the Government with government purpose rights shall be marked as follows:

GOVERNMENT PURPOSE RIGHTS

Contract No.

Contractor Name

Contractor Address

Expiration Date

The Government's rights to use, modify, reproduce, release, perform, display, or disclose this software are restricted by paragraph (b)(2) of the Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation clause contained in the above identified contract. No restrictions apply after the expiration date shown above. Any reproduction of the software or portions thereof marked with this legend must also reproduce the markings.

(End of legend)

(3) Restricted rights markings. Software delivered or otherwise furnished to the Government with restricted rights shall be marked with the following legend:

RESTRICTED RIGHTS

Contract No.

Contractor Name

Contractor Address

The Government's rights to use, modify, reproduce, release, perform, display, or disclose this software are restricted by paragraph (b)(3) of the Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation clause contained in the above identified contract. Any reproduction of computer software or portions thereof marked with this legend must also reproduce the markings. Any person, other than the Government, who has been provided access to such software must promptly notify the above named Contractor.

(End of legend)

(4) Special license rights markings. (i) Computer software or computer documentation in which the Government's rights stem from a specifically negotiated license shall be marked with the following legend:

SPECIAL LICENSE RIGHTS

The Government's rights to use, modify, reproduce, release, perform, display, or disclose this software are restricted by Contract No. (Insert contract number) , License No. (Insert license identifier) Any reproduction of computer software, computer software documentation, or portions thereof marked with this legend must also reproduce the markings.

(End of legend)

(ii) For purposes of this clause, special licenses do not include government purpose license rights acquired under a prior contract (see paragraph (b)(5) of this clause).

(5) Pre-existing markings. If the terms of a prior contract or license permitted the Contractor to restrict the Government's rights to use, modify, release, perform, display, or disclose computer software or computer software documentation and those restrictions are still applicable, the Contractor may mark such software or documentation with the appropriate restrictive legend for which the software qualified under the prior contract or license. The marking procedures in paragraph (f)(1) of this clause shall be followed.

(g) Contractor procedures and records. Throughout performance of this contract, the Contractor and its subcontractors or suppliers that will deliver computer software or computer software documentation with other than unlimited rights, shall--

(1) Have, maintain, and follow written procedures sufficient to assure that restrictive markings are used only when authorized by the terms of this clause; and

(2) Maintain records sufficient to justify the validity of any restrictive markings on computer software or computer software documentation delivered under this contract.

(h) Removal of unjustified and nonconforming markings. (1) Unjustified computer software or computer software documentation markings. The rights and obligations of the parties regarding the validation of restrictive markings on computer software or computer software documentation furnished or to be furnished under this contract are contained in the Validation of Asserted Restrictions--Computer Software and the Validation of Restrictive Markings on Technical Data clauses of this contract, respectively. Notwithstanding any provision of this contract concerning inspection and acceptance, the Government may ignore or, at the Contractor's expense, correct or strike a marking if, in accordance with the procedures of those clauses, a restrictive marking is determined to be unjustified.

(2) Nonconforming computer software or computer software documentation markings. A nonconforming marking is a marking placed on computer software or computer software documentation delivered or otherwise furnished to the Government under this contract that is not in the format authorized by this contract. Correction of nonconforming markings is not subject to the Validation of Asserted Restrictions--Computer Software or the Validation of Restrictive Markings on Technical Data clause of this contract. If the Contracting Officer notifies the Contractor of a nonconforming marking or markings and the Contractor fails to remove or correct such markings within sixty (60) days, the Government may ignore or, at the Contractor's expense, remove or correct any nonconforming markings.

(i) Relation to patents. Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government under any patent.

(j) Limitation on charges for rights in computer software or computer software documentation. (1) The Contractor shall not charge to this contract any cost, including but not limited to license fees, royalties, or similar charges, for rights in computer software or computer software documentation to be delivered under this contract when--

(i) The Government has acquired, by any means, the same or greater rights in the software or documentation; or

(ii) The software or documentation are available to the public without restrictions.

(2) The limitation in paragraph (j)(1) of this clause--

(i) Includes costs charged by a subcontractor or supplier, at any tier, or costs incurred by the Contractor to acquire rights in subcontractor or supplier computer software or computer software documentation, if the subcontractor or supplier has been paid for such rights under any other Government contract or under a license conveying the rights to the Government; and

(ii) Does not include the reasonable costs of reproducing, handling, or mailing the documents or other media in which the software or documentation will be delivered.

(k) Applicability to subcontractors or suppliers. (1) Whenever any noncommercial computer software or computer software documentation is to be obtained from a subcontractor or supplier for delivery to the Government under this contract, the Contractor shall use this same clause in its subcontracts or other contractual instruments, and require its subcontractors or suppliers to do so, without alteration, except to identify the parties. No other clause shall be used to enlarge or diminish the Government's, the Contractor's, or a higher tier subcontractor's or supplier's rights in a subcontractor's or supplier's computer software or computer software documentation.

(2) The Contractor and higher tier subcontractors or suppliers shall not use their power to award contracts as economic leverage to obtain rights in computer software or computer software documentation from their subcontractors or suppliers.

(3) The Contractor shall ensure that subcontractor or supplier rights are recognized and protected in the identification, assertion, and delivery processes required by paragraph (e) of this clause.

(4) In no event shall the Contractor use its obligation to recognize and protect subcontractor or supplier rights in computer software or computer software documentation as an excuse for failing to satisfy its contractual obligation to the Government.

(End of clause)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been modified:

PROPOSAL SUBMISSION

INTRODUCTION

MISTE will be a full and open competition action. The Government will award a single award Indefinite Delivery/Indefinite Quantity (IDIQ) contract with a 5-year base period and Option periods for an additional 5 years (2-2-year Options and 1-1-year Option). The cumulative total of all DOs awarded against the IDIQ contract may not exceed $896M over the life of the IDIQ contract. The solicitation is full and open competition under primary North American Industry Classification System (NAICS) code 334519, “Other Measuring and Controlling Device Manufacturing,” and PSC Group 6695 - Combination and Miscellaneous Instruments. The size standard for this NAICS is 500 employees.

A. PROPOSAL SUBMISSION (Section L)

1. PROPOSAL SUBMISSION REQUIREMENTS

a. Each volume shall be submitted as 1 Original Hard Copy (except for Volume IV) and 2 Electronic (One labelled “Original, one labelled “Copy”) (CD/DVD) submissions to the assigned Contract Specialist (CS). Each Volume and copy shall be submitted within its own binder/folder (for the Hard Copy) and CD/DVD (Electronic). In the event of conflict between the three versions of the submitted proposal (1-Hard Copy, 2-Electronic), the electronic version labeled “Original” shall take precedence. The Offeror shall contact the assigned CS to make arrangements for hand-delivered packages. Any portion of the proposal that is changed (as a result of negotiations or proposal revisions) should be annotated and dated. Each volume shall be clearly labeled with the Volume, Offeror Name, Government Primary POC (as identified at Section L, A.2.f below), Solicitation/Amendment Number, Date of Submission, “ORIGINAL” or “COPY”, applicable proprietary markings, and “SOURCE SELECTION INFORMATION -- SEE

FAR 2.101 AND 3.104”.

The Procuring Contracting Officer for this procurement is:

Daniel Veenstra daniel.l.veenstra.civ@mail.mil 407-208-3308 Address: 12211 Science Drive, Orlando FL32826 USA

The Contract Specialist and primary point of contact for this procurement is:

Joseph Candelaria joseph.candelaria5.civ@mail.mil 407-208-3220 Address: 12211 Science Drive, Orlando FL32826 USA

b. Each paragraph should be single spaced and shall be separated by at least one blank line. A standard 12-point minimum font size applies. Arial or New Times Roman fonts are required. Tables and illustrations may use a reduced font size no less than 8-point. Legible tables, charts, graphs and figures shall be used wherever practical to depict organizations, systems and layout, implementation schedules, plans, etc. These displays shall be uncomplicated, legible and can utilize an alternate paper size of 11x17 if necessary. Any 11X17 inch page counts as two pages.

c. The following volumes of material shall be submitted:

Volume Factor, Section and Title Hard Copy/ Electronic CD

Maximum Pages

I Factor 1 -Technical.

Note – Executive Summary, Table of Contents (TOC), and Cross Reference Matrix are limited to 10 pages total and these pages are excluded from the volume page count.

1/2 Volume Total 120 pages

I Section A, Subfactor 1.1 – Manufacturing Capability. The Offeror’s Quality Program Plan (QPP), required by Section L.1.1.3, shall be an attachment to this volume and is excluded from page count; however, shall not exceed 20 pages.

1/2 Section A NTE 20 pages

I Section B Subfactor 1.2 – MISTE TISE Solution and Program Management Approach. Page count is inclusive of proposed Statement of Work (SOW). The offeror's Contract Data Management Plan (CDMP) identified under L.1.2.4 shall be an attachment to this Volume and is excluded from the page count.

1/2 Section B NTE 60 pages

I Section C, Subfactor 1.3 – Delivery Order SCETI ACE.

Integrated Master Plan (IMP), Integrated Master Schedule (IMS), and Contract Data Requirements Lists (CDRLs) for this Subfactor shall be attached to this volume and is excluded from page count.

1/2 Section C NTE 20 pages

I Section D, Subfactor 1.4 – Delivery Order TNM EPG. Integrated Master Plan (IMP), Integrated Master Schedule (IMS), and Contract Data Requirements Lists (CDRLs) for this Subfactor shall be an attachment to this volume and is excluded from page count.

1/2 Section D NTE 20 pages

II Past Performance This volume shall not exceed 28 pages. It includes up-to 5 pages per past performance reference and narrative, Executive Summary of 1 page, Table of Contents of 1 page, and Cross Reference Matrix of 1 page. Past Performance Questionnaire Forms, Letters of Consent, Letters of Commitment, Copies of Cure Notices and Show Cause Letters, and Copies of approved JV agreements can be placed as Volume II attachments and are excluded from page count.

1/2 Volume Total NTE

III Small Business Participation. This volume includes an Executive Summary of 1 page, Table of Contents of 1 page and Cross Reference Matrix of 1 page.

1/2 No Page Limit

Volume Factor, Section and Title Hard Copy/ Electronic CD

Maximum Pages

IV COST/PRICE

Note – Executive Summary shall be provided that includes pricing methodology, cross reference matrix, and any other cost/price assertions, assumptions or explanations

0/2 No Page Limit

Attachment A. The Offeror's VOL II COST AND PRICE

BASELINE XLS

Attachment B. The Offeror's XLS Backup for the Direct Labor Rate Buildup for both Year 1 CPFF and Year 1 FFP Rate CAPS

Attachment C. The Offeror's XLS Disclosure of Material Costs, Other Direct Cost and Travel Indirect Burdens and Markups, to include Profit/Fee application.

Attachment D. The Offeror's XLS Labor Category Cross Reference Matrix

Attachment E. Proposed MISTE TISE/Program Management SOW Delivery Order Pricing – Complete Cost/Price Breakdown

IV (cont.)

Attachment F. Delivery Order SCETI ACE – Complete Cost Breakdown

Attachment G. Delivery Order TNM EPG– Complete Cost/Price Breakdown

V Solicitation and Administrative Requirements

Section A. SF 33 Solicitation, Offer and Award Documents

Section B. Sections K – Representations, Certifications, and Other Statements

Section C. Overarching Organizational Conflict of Interest (OCI) Mitigation Plan

Section D. Statement of Compliance

Section E. Small Business Subcontracting Plan

Section F. Teaming Arrangements

Section G. Property Management Plan

Section H. Acceptable Business System

1/2 No page limit

NOTE: Pages that exceed the required page limitations will not be evaluated. Additional pages over the maximum allowed will be removed or not read and will not be evaluated by the Government. At the Procuring

Contracting Officer’s (PCO’s) discretion, Offerors that exceed the page count may be determined non-compliant and ineligible for award.

Offerors are hereby notified that non-Government participants will have access to the offerors’ proposals. The non- Government participants are contracted employees supporting Systems Engineering and Technical Assistance (SETA) contract W900KK-17-D-0002, Optimal Solutions and Technologies (OST), 12249 Science Dr. Suite 120, Orlando, FL 32829, telephone# 407-745-3022, and Acquisition Support Contract W52P1J-14-D-0019, Zygos Consulting, 2601 18Th St N, Arlington, VA 22201, telephone# 703-405-7529. They will serve as advisors to the Government and will be authorized access to only the Offeror’s Volume I – Technical proposal, which is necessary to enable them to provide specific advice on MISTE technical matters. All non- Government personnel have signed certificates of non-disclosure and financial interest, or their equivalent documents. Non-Government participants will participate in an advisory role only and will not be included in any applicable consensus discussion or determination.

2. PROPOSAL FILES

a. Format. The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, proposal volume number, date, Request for Proposal (RFP) number and “SOURCE SELECTION INFORMATION -- SEE FAR 2.101 AND 3.104” in the header and/or footer. A Table of Contents shall be created using the Table of Content feature in MS Word for each volume. The volume table of contents are excluded from the page count. MS Word (doc) files shall use the following page setup parameters:

Margins – Top, Bottom, Left, Right – 1” Gutter – 0” From Edge – Header, Footer 0.5” Page Size, Width – 8.5” Page Size, Height – 11”

The following additional restrictions apply:

b. Electronic File Packaging. All the proposal files shall be compressed (zipped) into one file entitled proposal zip using WinZip version 6.2 or later, or as separate uploads, in their native format, i.e. doc, xls, ppt, etc., and also provided on CDs or DVDs mailed or hand carried to the identified Contract Specialist via US Mail or Federal Express. Mailed or hand delivered packages MUST be received by the Government no later than the RFP closing date and time. Files shall be in read-only format. All price breakdown information to aide in the cost/price evaluation shall be submitted in Microsoft Office Excel Read/Write format and viewable in Microsoft Excel 2013. Each disc shall be externally labeled with the version (Original or Copy) volume number, date, and the offeror’s name. An Adobe portable document format (PDF) version of all electronic documents shall also be included as a control copy.

If hard-copy proposal differs from the electronic versions, the hard copy will take precedence. All CDs/DVDs shall be appropriately marked “Unclassified” or “Unclassified Proprietary” with appropriate instructions for handling.

The CD/DVD cover shall also be marked, “Source Selection Information – See FAR 2.101 and 3.104.” **Please note – Self extracting exe files are not acceptable.

c. Content Requirement. All information shall be confined to the appropriate volume/file. The offeror shall confine submissions to essential matters, sufficient to define the proposal in a concise manner, to permit a complete and accurate evaluation of each volume. The Offeror’s Quality Program Plan (QPP) per DI-QCIC-81722, required by Section L.1.1.3, is an attachment to Volume I and shall NTE 20 pages, which is excluded from the Volume’s page count. The Offeror’s proposed MISTE TISE DO SOW (per DoD MIL-HDBK-245D SOW format per subfactor

1.2.4 is included in the Volume I Section L.1.2-page count. The Offeror's Data Management Plan (CDMP) per DI- MGMT-82228 required by L.1.2.4 is an attachment to Volume I and is excluded from the volume page count.

The Executive Summary shall contain a brief abstract of the file. All proposals must clearly and convincingly demonstrate that the Offeror has a thorough understanding of the entire requirement and associated risks, and is able, willing, and competent to devote resources necessary to meet the requirement and has a valid and practical solution for the requirement. Statements that the prospective Offeror understands, can, or will comply with the requirements, and statements paraphrasing the requirements or parts thereof without supporting information/narrative are considered inadequate and unsatisfactory. Mere reiteration of the requirement or standard reference material is discouraged and is considered inadequate and unsatisfactory. The Offeror must include any data necessary to illustrate the adequacy of the various assumptions, approaches, and solutions to problems. In presenting material in proposals, Offerors are advised that quality of information is more important than quantity. Elaborate brochures or other presentations beyond that sufficient to present a complete and effective proposal are neither necessary nor desired.

d. Proposal Validity: The Government requires that the proposal, in its entirety, be valid for at least three hundred sixty-five days (365) calendar days from the proposal due date. Offerors are cautioned that for their proposal to be eligible for award, the proposal shall be in compliance with the terms and conditions set forth in the solicitation.

e. Proposal Compliances: Each Offeror shall include a statement indicating complete compliance with the solicitation in the Administrative Volume, or detailed analysis of any objections, exceptions, contingencies, or additions. Any objection, exception, contingency, or addition shall be cross-referenced to the applicable solicitation paragraph(s). An objection, exception, contingency, or addition to the solicitation taken in the proposal may result in the offer being non-compliant. As part of this letter, an authorized official shall sign certifying the following:

(1) The proposed Contract Line Item Number (CLIN) prices within the Pricing Workbook are binding and will be utilized for the life of the contract.

(2) Regardless of the involvement in evaluations, all requirements of the MISTE Base SOW and Delivery Order SOW’s will be met.

Offerors are cautioned that while the Government will not evaluate every SOW requirement for the purposes of the source selection evaluation, the awardee/Contractor will be required to comply with all SOW requirements during performance of the contract and provide the detail necessary to substantiate the proposed approach and methodology for performance. The proposal should identify any unique or innovative approaches which ensure successful performance.

The Government will determine that an Offeror's proposal is non-compliant, and therefore ineligible for award, if the proposal indicates that: it cannot or will not meet any of the PWS requirements; provides an approach that clearly does not meet any of the PWS requirements; or, includes data which prompts the Government to question the Offeror's compliance with any of the PWS requirements. The Source Selection Authority may reject all proposals received in response to a solicitation, if doing so is in the best interest of the Government. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal. Proprietary information shall be clearly marked.

The proposed approach should be specific, detailed, and contain sufficient information to clearly and fully demonstrate the offeror’s understanding of the requirements and the inherent risks associated with this procurement.

It is inadequate to simply state that the offeror understands and will comply with the requirements, or to paraphrase the requirements. The proposal shall comprehensively explain how the offeror proposes to comply with the applicable requirements, as well as describe the techniques and procedures the offeror proposes to implement.

Information previously submitted to the Government should be assumed unavailable during this proposal evaluation and source selection process. Proposal data within each volume shall not be incorporated into the proposal by referring to another volume, proposal or other source. Proposals submitted will not be returned. Alternate proposals will not be evaluated or accepted.