W900KK-20-R-0011-0001_NCRC_EPOS_20200225.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 0001 is to: incorporate minor clerical/administrative corrections; revise Section F, F.3 Technical Data and Information; revise Section J and incorporate revised Attcchment 25 NCRC EPOS Distribution Agreement and Attachment 31 NCRC EPOS Compliance Matrix; revise Key Dates at L.1.4 in Section L; revise Critical Task 2: Enterprise Security at L.7.2.5.2 in Section L and M.7.3.2.2 in Section M. The Government w ill continue to accept NCRC EPOS Distribution Agreements from Offerors/Prime Contractors beyond the 25 February 2020 date stated at L.1.4.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 110

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

16C. DATE SIGNED

BY 25-Feb-2020

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-20-R-0011

X 9B. DATED (SEE ITEM 11)

21-Feb-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

25-Feb-2020

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-20-R-0011

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

C.1 PERFORMANCE WORK STATEMENT

The Government determined the NCRC EPOS Performance Work Statement (PWS) contains Export Controlled information. Therefore, the PWS for the NCRC EPOS MATOC is incorporated by reference at Section J as Attachment 1 with the same force and effect as if set forth in full text.

C.2 ROLLING ADMISSIONS

C.2.1 The Government will conduct additional market research periodically after award of NCRC EPOS to determine if the vendor pool is adequate to maximize practicable competition and provide adequate opportunities for business.

C.2.2 It is in the Government’s best interest that there remain an adequate number of Contractors eligible to compete for NCRC EPOS TOs to meet the Government’s requirements. Immediately following any loss of Lot 2 SB set-aside members, the NCRC EPOS PCO in consultation with the Office of Small Business Programs will determine whether or not and to what extent to execute the open season rolling admission to ensure fair opportunity and the rule of two is maintained. Considerations will include maintaining competition in the pool, time remaining in the ordering period, and work forecasted for the pool.

C.2.3 The Government will also determine whether it would be in the Government’s best interest to increase the number of Contractors eligible to compete for NCRC EPOS TOs to meet the Government’s requirements.

C.2.4 The Government may initiate an open season to add additional Contractors to the NCRC EPOS MATOC at any time, subject to the following conditions.

C.2.4.1 An open season notice is published at beta.SAM.gov in accordance with FAR Part 5, Publicizing Contract Action;

C.2.4.2 An open season solicitation is issued under current Federal procurement law;

C.2.4.3 The solicitation identifies the total anticipated number of new contracts that ACC-Orlando intends to award;

C.2.4.4 Any Offeror that meets the eligibility requirements set forth in the open season solicitation may submit a proposal in response to the solicitation;

C.2.4.5 The award decision under the open season solicitation is based upon substantially the same evaluation Factors/Subfactors as the original solicitation;

C.2.4.6 An Offeror’s proposal must meet all of the evaluation criteria of the original solicitation;

C.2.4.7 The terms and conditions of any resulting awards are materially identical to the existing version of the NCRC EPOS Pool under Lot 1 (Full and Open), and/or Lot 2 (Small Business Set-Aside); and, C.2.4.8 The ordering period(s) described for any new awards shall coincide with the existing terms for all other

Contractors, including option provisions, and shall end no later than 16 December 2030.

C.2.5 Immediately upon admission, a Contractor is eligible to submit a proposal in response to any TO solicitation and receive TO awards with the same rights and obligations as any other Contractor.

C.2.6 Rolling Admissions are further described in the NCRC EPOS Ordering Procedures, incorporated by reference at Section J as Attachment 5.

SECTION D - PACKAGING AND MARKING

52.247-1 COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006)

When the Contracting Officer authorizes supplies to be shipped on a commercial bill of lading and the Contractor will be reimbursed these transportation costs as direct allowable costs, the Contractor shall ensure before shipment is made that the commercial shipping documents are annotated with either of the following notations, as appropriate:

(a) If the Government is shown as the consignor or the consignee, the annotation shall be:

"Transportation is for the TRMC, PEO-STRI, ACC or TRMC Customers designated at the Task Order/Delivery Order level and the actual total transportation charges paid to the carrier(s) by the consignor or consignee are assignable to, and shall be reimbursed by, the Government."

(b) If the Government is not shown as the consignor or the consignee, the annotation shall be:

"Transportation is for the TRMC, PEO-STRI, ACC or TRMC Customers and the actual total transportation charges paid to the carrier(s) by the consignor or consignee shall be reimbursed by the Government, pursuant to cost-reimbursement contract no. W900KK-20-D-TBD, Task Order/Delivery Order TBD. This may be confirmed by contacting the COR."

(End of clause)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

This Indefinite Delivery/Indefinite Quantity contract includes a total potential ordering period of up to 10 years. The ordering period dates will be specified in the Ordering Clause 252-216-7006 at time of contract award.

The period of performance/ordering period below may be adjusted depending on actual date of contract award;

contract award is expected for first quarter, Government Fiscal Year 2021. The period of performance/ordering period for this contract shall be as follows:

BASE PERIOD-

CLINs 0001 (including reserved CLINs 0002-0010): The ordering period shall be from 17 December 2020 through 16 December 2025. Individual Task/Delivery Orders will specify their respective periods of performance, which may not exceed 5 years.

OPTION 1-

CLINs 1000 (including reserved CLINs 1001-1009): These CLINs are OPTION CLINs. If exercised by the Government, the ordering period shall be from 17 December 2025 through 16 December 2027. Individual Task/Delivery Orders issued during this ordering period will specify their respective periods of performance, which may not exceed 5 years.

OPTION 2-

CLINs 2000 (including reserved CLINs 2001-2009): These CLINs are OPTION CLINs. If exercised by the Government, the ordering period shall be from 17 December 2027 through 16 December 2030. Individual Task/Delivery Orders issued during this ordering period will specify their respective periods of performance, which may extend not to exceed 12 months beyond the ordering period for these CLINs set forth in this section.

F.2 DELIVERY

Unless specified otherwise by individual Task/Delivery Orders, all items shall be delivered by the Contractor, F.O.B. Destination, all transportation charges prepaid, to the destinations specified and within the time periods specified in individual Task/Delivery Orders. The term "delivery" means successful completion of all requirements set forth in the contract, to include manufacturing/installation, inspection and acceptance, as specified. Delivery is considered complete upon execution of an unconditional DD Form 250, Material Inspection and Receiving Report for items requiring submission of a DD Form 250 through the Wide Area Work Flow (WAWF) system, and/or upon receipt of a second endorsement acceptance by the Procuring Contracting Officer (PCO), or PCO designated representative [e.g., Contract Specialist (CS), Contracting Officer Representative (COR), Alternate Contracting Officer Representative (ACOR)].

F.3 TECHNICAL DATA AND INFORMATION

Technical Data and Information shall be delivered in accordance with the requirements of the Contract Data Requirements List, DD Form 1423, to be incorporated by reference under individual Task/Delivery Orders, and the following:

(a) The contractor shall concurrently deliver technical data and information per DD Form 1423, Blocks 12 and 13 (date of first/subsequent submission) to all activities listed in Block 14 of the DD Form 1423 (distribution and addresses) for each item. Complete addresses for the abbreviations in Block 14 are shown in paragraph (g) below.

(b) Partial delivery of data is not acceptable unless specifically authorized on the DD Form 1423, or unless approved in writing by the PCO.

(c) The Government review period provided on the DD Form 1423 for each item commences upon receipt of all required data by the technical activity designated in Block 6.

(d) A copy of all other correspondence addressed to the Contracting Officer relating to data item requirements (i.e., status of delivery) shall also be provided to the codes reflected above and the technical activity responsible for the data item per Block 6, if not one of the activities listed above.

(e) The PCO reserves the right to issue unilateral modifications to change the destination codes and addresses for all technical data and information at no additional cost to the Government.

(f) Unless otherwise specified in writing, rejected data items shall be resubmitted within thirty

(30) days after receipt of notice of rejection.

(g) DD Form 1423, Block 14 Mailing Addresses: As indicated on each DD 1423.

(1) PCO, Jean M. Borowski, Code CCOR-CDD-B jean.m.borowski.civ@mail.mil

(2) Contract Specialist, Bob Baird, Code CCOR-CDD-B robert.d.baird10.civ@mail.mil

(3) Contracting Officer Representative, Rolando Lopez, PEO STRI rolando.lopez39.civ@mail.mil

(4) Alternate Contracting Officer Representative, TBD

SECTION I - CONTRACT CLAUSES

52.216-7 ALLOWABLE COST AND PAYMENT (JUN 2013)

(a) Invoicing.

(1) The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) subpart 31.2 in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract.

(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act.

Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25.

(3) The designated payment office will make interim payments for contract financing on the (N/A – No Contract Financing is Applicable) day after the designated billing office receives a proper payment request.

In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.

(b) Reimbursing costs. (1) For the purpose of reimbursing allowable costs (except as provided in subparagraph (b)(2) of the clause, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term "costs" includes only--

(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract;

(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for--

(A) Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due will be made--

(1) In accordance with the terms and conditions of a subcontract or invoice; and

(2) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government;

(B) Materials issued from the Contractor's inventory and placed in the production process for use on the contract;

(C) Direct labor;

(D) Direct travel;

(E) Other direct in-house costs; and

(F) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts; and

(iii) The amount of financing payments that have been paid by cash, check, or other forms of payment to subcontractors.

(2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid unless--

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's indirect costs for payment purposes).

(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) of this clause, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) of this clause.

(4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor's expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause.

(c) Small business concerns. A small business concern may receive more frequent payments than every 2 weeks.

(d) Final indirect cost rates. (1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with Subpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect cost rate proposal.

(2)(i) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (or cognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years. Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractor and granted in writing by the Contracting Officer. The Contractor shall support its proposal with adequate supporting data.

(ii) The proposed rates shall be based on the Contractor's actual cost experience for that period. The appropriate Government representative and the Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the Contractor's proposal.

(iii) An adequate indirect cost rate proposal shall include the following data unless otherwise specified by the cognizant Federal agency official:

(A) Summary of all claimed indirect expense rates, including pool, base, and calculated indirect rate.

(B) General and Administrative expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts).

(C) Overhead expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) for each final indirect cost pool.

(D) Occupancy expenses (intermediate indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) and expense reallocation to final indirect cost pools.

(E) Claimed allocation bases, by element of cost, used to distribute indirect costs.

(F) Facilities capital cost of money factors computation.

(G) Reconciliation of books of account (i.e., General Ledger) and claimed direct costs by major cost element.

(H) Schedule of direct costs by contract and subcontract and indirect expense applied at claimed rates, as well as a subsidiary schedule of Government participation percentages in each of the allocation base amounts.

(I) Schedule of cumulative direct and indirect costs claimed and billed by contract and subcontract.

(J) Subcontract information. Listing of subcontracts awarded to companies for which the contractor is the prime or upper-tier contractor (include prime and subcontract numbers; subcontract value and award type; amount claimed during the fiscal year; and the subcontractor name, address, and point of contact information).

(K) Summary of each time-and-materials and labor-hour contract information, including labor categories, labor rates, hours, and amounts; direct materials; other direct costs; and, indirect expense applied at claimed rates.

(L) Reconciliation of total payroll per IRS form 941 to total labor costs distribution.

(M) Listing of decisions/agreements/approvals and description of accounting/organizational changes.

(N) Certificate of final indirect costs (see 52.242-4, Certification of Final Indirect Costs).

(O) Contract closing information for contracts physically completed in this fiscal year (include contract number, period of performance, contract ceiling amounts, contract fee computations, level of effort, and indicate if the contract is ready to close).

(iv) The following supplemental information is not required to determine if a proposal is adequate, but may be required during the audit process:

(A) Comparative analysis of indirect expense pools detailed by account to prior fiscal year and budgetary data.

(B) General organizational information and limitation on allowability of compensation for certain contractor personnel. See 31.205-6(p). Additional salary reference information is available at http://www.whitehouse.gov/omb/procurement_index_exec_comp/.

(C) Identification of prime contracts under which the contractor performs as a subcontractor.

(D) Description of accounting system (excludes contractors required to submit a CAS Disclosure Statement or contractors where the description of the accounting system has not changed from the previous year's submission).

(E) Procedures for identifying and excluding unallowable costs from the costs claimed and billed (excludes contractors where the procedures have not changed from the previous year's submission).

(F) Certified financial statements and other financial data (e.g., trial balance, compilation, review, etc.).

(G) Management letter from outside CPAs concerning any internal control weaknesses.

(H) Actions that have been and/or will be implemented to correct the weaknesses described in the management letter from subparagraph G) of this section.

(I) List of all internal audit reports issued since the last disclosure of internal audit reports to the Government.

(J) Annual internal audit plan of scheduled audits to be performed in the fiscal year when the final indirect cost rate submission is made.

(K) Federal and State income tax returns.

(L) Securities and Exchange Commission 10-K annual report.

(M) Minutes from board of directors meetings.

(N) Listing of delay claims and termination claims submitted which contain costs relating to the subject fiscal year.

(O) Contract briefings, which generally include a synopsis of all pertinent contract provisions, such as: Contract type, contract amount, product or service(s) to be provided, contract performance period, rate ceilings, advance approval requirements, pre-contract cost allowability limitations, and billing limitations.

(v) The Contractor shall update the billings on all contracts to reflect the final settled rates and update the schedule of cumulative direct and indirect costs claimed and billed, as required in paragraph (d)(2)(iii)(I) of this section, within 60 days after settlement of final indirect cost rates.

(3) The Contractor and the appropriate Government representative shall execute a written understanding setting forth the final indirect cost rates. The understanding shall specify (i) the agreed-upon final annual indirect cost rates,

(ii) the bases to which the rates apply, (iii) the periods for which the rates apply, (iv) any specific indirect cost items treated as direct costs in the settlement, and (v) the affected contract and/or subcontract, identifying any with advance agreements or special terms and the applicable rates. The understanding shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract. The understanding is incorporated into this contract upon execution.

(4) Failure by the parties to agree on a final annual indirect cost rate shall be a dispute within the meaning of the Disputes clause.

(5) Within 120 days (or longer period if approved in writing by the Contracting Officer) after settlement of the final annual indirect cost rates for all years of a physically complete contract, the Contractor shall submit a completion invoice or voucher to reflect the settled amounts and rates. The completion invoice or voucher shall include settled subcontract amounts and rates. The prime contractor is responsible for settling subcontractor amounts and rates included in the completion invoice or voucher and providing status of subcontractor audits to the contracting officer upon request.

(6)(i) If the Contractor fails to submit a completion invoice or voucher within the time specified in paragraph (d)(5) of this clause, the Contracting Officer may--

(A) Determine the amounts due to the Contractor under the contract; and

(B) Record this determination in a unilateral modification to the contract.

(ii) This determination constitutes the final decision of the Contracting Officer in accordance with the Disputes clause.

(e) Billing rates. Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the Contracting Officer or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established. These billing rates--

(1) Shall be the anticipated final rates; and

(2) May be prospectively or retroactively revised by mutual agreement, at either party's request, to prevent substantial overpayment or underpayment.

(f) Quick-closeout procedures. Quick-closeout procedures are applicable when the conditions in FAR 42.708(a) are satisfied.

(g) Audit. At any time or times before final payment, the Contracting Officer may have the Contractor's invoices or vouchers and statements of cost audited. Any payment may be (1) Reduced by amounts found by the Contracting Officer not to constitute allowable costs or (2) Adjusted for prior overpayments or underpayments.

(h) Final payment. (1) Upon approval of a completion invoice or voucher submitted by the Contractor in accordance with paragraph (d)(5) of this clause, and upon the Contractor's compliance with all terms of this contract, the Government shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid.

(2) The Contractor shall pay to the Government any refunds, rebates, credits, or other amounts (including interest, if any) accruing to or received by the Contractor or any assignee under this contract, to the extent that those amounts are properly allocable to costs for which the Contractor has been reimbursed by the Government. Reasonable expenses incurred by the Contractor for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the Contracting Officer. Before final payment under this contract, the Contractor and each assignee whose assignment is in effect at the time of final payment shall execute and deliver--

(i) An assignment to the Government, in form and substance satisfactory to the Contracting Officer, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the Contractor has been reimbursed by the Government under this contract; and

(ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claims arising out of or under this contract, except--

(A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known;

(B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third parties arising out of the performance of this contract; provided, that the claims are not known to the Contractor on the date of the execution of the release, and that the Contractor gives notice of the claims in writing to the Contracting Officer within 6 years following the release date or notice of final payment date, whichever is earlier; and

(C) Claims for reimbursement of costs, including reasonable incidental expenses, incurred by the Contractor under the patent clauses of this contract, excluding, however, any expenses arising from the Contractor's indemnification of the Government against patent liability.

(End of clause)

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

EXHIBITS AND ATTACHMENTS

LIST OF EXHIBITS & ATTACHMENTS Pages Date

W900KK-20-R-0011 Base Contract

Exhibit A: CDRLs 90 28-JAN-2020 Exhibit B: CDRLs 6 4-FEB-2019 Exhibit C: CDRLs 2 15-SEP-2018

Attachment 1 NCRC EPOS IDIQ PWS 63 7-FEB-2020 Attachment 2 NCRC EPOS IDIQ QASP 15 7-FEB-2020 Attachment 3 NCRC EPOS IDIQ DSL (Document Summary List) 3 7-FEB-2020 Attachment 4 NCRC EPOS IDIQ Government Rights in Technical Data 3 7-FEB-2020 Attachment 5 NCRC EPOS Ordering Procedures 53 7-FEB-2020

W900KK-20-R-0011-0001 NITC Task Order

Attachment 6 NITC Model Task Order 27 7-FEB-2020 Attachment 7 NITC PWS 6 7-FEB-2020 Attachment 8 NITC QASP 17 7-FEB-2020 Attachment 9 {Reserved} Attachment 10 NITC Government Rights in Technical Data 3 7-FEB-2020 Attachment 11 NITC DD 254 and Continuation Sheet 22 7-FEB-2020

Sample Charleston (CHS) Site Services Model Task Order

Attachment 12 Sample Charleston (CHS) Site Services Model Task Order 23 7-FEB-2020 Attachment 13 {Reserved} Attachment 14 CHS PWS 31 7-FEB-2020 Attachment 15 CHS QASP 24 7-FEB-2020 Attachment 16 NCRC Sample Range Event Schedule 4 7-FEB-2020 Attachment 17 CHS Government Rights in Technical Data 3 7-FEB-2020

Sample ITSM Model Task Order

Attachment 18 Sample ITSM Model Task Order 28 7-FEB-2020 Attachment 19 {Reserved} Attachment 20 ITSM PWS 17 7-FEB-2020 Attachment 21 ITSM QASP 21 7-FEB-2020 Attachment 22 {Reserved} Attachment 23 ITSM Government Rights in Technical Data 3 7-FEB-2020

Source Selection Documents

Attachment 24 NCRC EPOS Solicitation Comment Form 1 7-FEB-2020

Attachment 25 NCRC EPOS Distribution Agreement/GFI List 13 25-FEB-2020

Attachment 26 {Reserved}

Attachment 27 NCRC EPOS Cyber T&E Event Scenario 3 7-FEB-2020

Attachment 28 NCRC EPOS Cyber Training Event Scenario 4 7-FEB-2020

Attachment 29 NCRC EPOS Closed Environment Challenges Scenario 3 7-FEB-2020

Attachment 30 NCRC EPOS Event Support Plan Outline 1 7-FEB-2020

Attachment 31 NCRC EPOS Compliance Matrix 2 24-FEB-2020

Attachment 32 NCRC EPOS List of Past Performance Contracts 1 7-FEB-2020

Attachment 33 NCRC EPOS Past Performance Questionnaire 5 7-FEB-2020

Attachment 34 NCRC EPOS Past Performance Questionnaire Cover Letter 1 7-FEB-2020

Attachment 35 NCRC EPOS Past Performance Contract Description 2 7-FEB-2020

Attachment 36 NCRC EPOS Sample Consent Letter 1 7-FEB-2020

Attachment 37 NCRC EPOS Lot 1 Proposal Cost/Price Workbook 6 7-FEB-2020

Attachment 38 NCRC EPOS OEM or Non-OEM Declaration 2 7-FEB-2020

Attachment 39 NCRC EPOS DCMA Form 1620 Guaranty Agrmnt for 4 7-FEB-2020 for Corp Guarantor

Attachment 40 NCRC EPOS DCMA Form 1619 Subordination Agreement 2 7-FEB-2020

Attachment 41 NCRC EPOS Lot 2 Proposal Cost/Price Workbook 12 7-FEB-2020

Attachment 42 NCRC EPOS DCMA Standard Form (SF) 1408 2 7-FEB-2020

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

INSTRUCTIONS TO OFFERORS

Introduction

This Section L takes precedence over any conflicting instructions found at FAR 52.215-1. The Government's solicitation W900KK-20-R-0011 provides the Offeror with the following elements: Sections A - M with Exhibits and Attachments incorporated at Section J. To facilitate locating documents contained within the solicitation all attachments are numbered sequentially. Attachments 1 – 5 will be incorporated at Section J of the contracts awarded to successful Offerors.

An awardable Task Order 0001 is described at Section J of the solicitation as Attachment 6. Attachments to Task Order 0001 are described sequentially at Section J of the solicitation as Attachments 7 – 11 with Attachment 9 marked as RESERVED. However, the solicitation Attachments 7 – 11 are described as Attachments 1 – 5 in Section J of Task Order 0001, and will be relabeled as Attachments 1-5 at time of award.

Two unawardable sample Task Orders that will be used for evaluation purposes only are included at Section J as Attachment 12 for Lot 1 (Full-and Open) and Attachment 18 for Lot 2 (Small Business Set-Aside). The Sample Charleston (CHS) Site Services Model Task Order at Attachment 12 includes Attachments 13 – 17 with Attachment 13 marked as RESERVED in Section J. The sample Information Technology System Management (ITSM) Task Order at Attachment 18 includes Attachments 19 – 23 with Attachments 19 and 22 marked as RESERVED in Section J.

Additional attachments to the solicitation are necessary to conduct a source selection. They are located at Section J as Attachment 24 through Attachment 42.

Exhibits A – C shall be incorporated by reference under the contract(s) at Section J. Each order placed shall specify which of the Contract Data Requirements Lists (CDRLS) at Exhibit A – C are applicable to the order and therefore are incorporated by reference. At the order level an “Exhibit Supplement” shall describe differences between the CDRLs incorporated at Section J of the contract(s), and requirements under an order. For example, revised markings, mailing addresses and any other change required for performance under the order.

New CDRL(s) for work that is within the scope of the NCRC EPOS contract may be created when placing orders and incorporated at Section J of the contract, or if unique to an order incorporated at Section J of the order.

Offerors are advised that the costs of any response to, or other costs incurred as a result of responding to this solicitation, are at the Offeror’s own risk. Any costs incurred in preparing a response to this solicitation, may be attributable to Bid and Proposal (B&P) overhead costs, but may not be directly charged to any resulting awarded contract. B&P costs for this solicitation are costs covered by CAS 420/FAR 31.205-18.

L.1 Program Structure, Definitions and Objectives

L.1.1 Program Structure

This National Cyber Range Complex (NCRC) Event Planning, Operations, and Support (EPOS) procurement is being conducted under Federal Acquisition Regulation (FAR) Part 15, entitled Contracting by Negotiation. The selected contract vehicle type is a Multiple Award Indefinite Delivery Indefinite Quantity (IDIQ) Task Order Contract (MATOC) for the procurement of services and ancillary products to be competed among companies under North American Industry Classification System (NAICS) code 541519 (Other Computer Related Services) with a size standard of $30 million. This U.S. industry comprises establishments primarily engaged in providing computer related services (except custom programming, systems integration design, and facilities management services).

Establishments providing computer disaster recovery services or software installation services are included in this industry.

L.1.2 Definitions

L.1.2.1 “Subcontract” means any contract as defined in FAR Subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

L.1.2.2 “Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor. This includes, but is not limited to, a transfer of commercial items between divisions, subsidiaries, or affiliates of a contractor or subcontractor.

L.1.3 Objectives

L.1.3.1 This acquisition will result in award of contracts to the successful Offerors selected through competition.

This MATOC has a total potential ordering period up to 10 years that include a base ordering period (5 years), and 2 options for ordering periods consisting of a 2-year ordering period and a 3-year ordering period.

L.1.3.2 Quantity limits for the NCRC EPOS MATOC are stated in terms of dollar value. The maximum quantity of $2.415 billion is the amount the Government anticipates to order for all NCRC EPOS requirements during the ordering period. To bind the contracts, a guaranteed minimum will be satisfied in accordance with FAR 16.504(a)(1) for each NCRC EPOS IDIQ contract holder through the award of Task Orders for the National Cyber Range Complex Innovation and Technology Council (NITC) requirement included at Section J Attachment 7.

L.1.3.3 Award Date: The anticipated award date for this requirement is 17 December 2020.

L.1.3.3.1 This information is provided for use as a basis for schedules and burden (labor, overheads, G&A, etc.)

mid-point calculations. Successful Offerors that receive an award shall not be entitled to an equitable adjustment in contract price in the event the Government awards NITC Task Order 0001 before or after the anticipated award date.

L.1.3.3.2 For proposal evaluation purposes Offerors shall prepare their proposals assuming a NCRC EPOS MATOC ordering period and NITC Task Order 0001 period of performance (PoP) start date of 17 December 2020.

Ordering period dates under the MATOC, as well as the PoP and all associated delivery dates under the NITC order are subject to change in the event the award is made prior to or after 17 December 2020. Dates may be adjusted accordingly.

L.1.4 Key Dates

Solicitation Release Date: 21 February 2020 Requests for Technical Data Deadline: 25 February 2020 Solicitation Questions Submission Date: 6 March 2020, no later than 1:00 p.m. Eastern Pre-Proposal Conference Date: 17 March 2020 Proposal Amendment 25 March 2020 Proposal Submittal Date: 6 April 2020, no later than 1:00 p.m. Eastern Contract Award Date: 17 December 2020 Post Award Conference: 19 January 2021

L.1.5 Proposal Validity

The proposal shall be valid for not less than 365 calendar days after the proposal submission date documented in Block 9 of the Standard Form 33 (SF 33).

L.1.6 Points of Contact

The Procuring Contracting Officer (PCO) for this solicitation is Ms. Jean M. Borowski:

U.S. Army Contracting Command – Orlando Office: (407) 380-4261 ATTN: Jean Borowski, Contracting Officer Email: jean.m.borowski.civ@mail.mil Bravo Division (CCOR-CDD-B)

W900KK-20-R-0011

12211 Science Drive Orlando FL, 32826-3224

The ACC-ORL Contracting Center point of contact (POC) for this solicitation is Mr. Robert D. Baird:

U.S. Army Contracting Command – Orlando Telephone: (407) 208-3485 ATTN: Robert D. Baird, Contract Specialist Email: robert.d.baird10.civ@mail.mil Bravo Division (CCOR-CDD-B)

W900KK-20-R-0011

12211 Science Drive Orlando FL, 32826-3224

The Contracting Center alternate point of contact (APOC) for this solicitation is Ms. Caryn H. McGraw:

U.S. Army Contracting Command – Orlando Telephone: (407) 208-3419 ATTN: Caryn H. McGraw, Contract Specialist Email: caryn.h.mcgraw.civ@mail.mil Bravo Division (CCOR-CDD-B)

W900KK-20-R-0011

12211 Science Drive Orlando FL, 32826-3224

THE PCO, MS. JEAN BOROWSKI, (407) 380-4261, AND THE DESIGNATED CONTRACT

SPECIALISTS (POC AND APOC) AS LISTED HEREIN ARE THE SOLE GOVERNMENT POINTS OF

CONTACT FOR THIS SOLICITATION.

L.1.7 General Guidance

L.1.7.1 This section provides general guidance for preparing proposals as well as specific instructions on the format and content of the proposal. The Offeror's proposal must include all data and information requested and must be submitted in accordance with these instructions. The Offeror shall not submit additional proposal information that is not specifically requested by this solicitation. Such additional proposal information will not be considered during the evaluation process. The Offeror’s proposal shall be compliant with these submission instructions (Section L) and shall meet requirements as stated for NCRC EPOS.

L.1.7.2 In presenting material in their proposal, Offerors are advised that quality of information is more important than quantity. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated assertions. Elaborate brochures or presentations, detailed art work and other documents beyond that sufficient to present a complete and effective proposal are unnecessary and are not desired.

L.1.7.3 The proposal shall be specific, detailed and complete as to clearly and convincingly demonstrate that the Offeror has a thorough understanding of the requirements and associated risks, and is able, willing, and competent to devote the resources necessary to meet the requirements and has valid and practical solutions for all requirements.

L.1.7.4 The proposal should not simply rephrase or restate the Government's requirements, but rather, shall provide convincing rationale to address how the Offeror intends to meet the NCRC EPOS requirements. Paraphrasing the Performance Work Statement(s) or parts thereof is inadequate, as are phrases such as “standard procedures will be employed” or “well-known techniques will be used.”

L.1.7.5 Clarity and readability are very important. The Government will not infer meanings from vague or ambiguous language. Statements that the prospective Offeror understands, can or will comply with the specifications are considered inadequate and unsatisfactory. Mere reiteration of the requirement or standard reference material is discouraged and may be considered inadequate and non-compliant. It is the Offeror’s responsibility to present enough information to be meaningfully evaluated without discussions.

L.1.7.6 Offerors must assume any data they have previously submitted in response to another solicitation, whether to: Department of Defense Test Resource Management Center (TRMC), the Program Executive Office for Simulation, Training and Instrumentation (PEO STRI), Project Manager Cyber, Test, and Training (PM CT2) [previously known as Project Manager Instrumentation, Targets, Threat Simulators, and SOF Training Systems (PM ITTS)], U.S. Army Contracting Command – Orlando (ACC-ORL), or another agency should be assumed unavailable during this proposal evaluation and source selection process. Proposal data shall not be incorporated into the proposal by referring to another proposal or other source. Any references to sources not provided with an Offeror’s proposal will not be considered.

L.1.8 Offerors shall assume that the Government has no prior knowledge of their facilities and experience. The Government will base its evaluation on only the information presented in the Offeror’s proposal and information received in support of the past performance evaluation. The use of hyperlinks in any document that link to material outside of that document is prohibited. The Government will not assume that an Offeror has proposed anything that is not expressly stated in its proposal.

OFFERORS ARE HEREBY ON NOTICE THAT THE GOVERNMENT WILL PERFORM AN INITIAL

ASSESSMENT OF ALL OF THE PROPOSALS RECEIVED FOR COMPLIANCE WITH THE

SOLICITATION REQUIREMENTS. A FAILURE TO SUBMIT ALL THE REQUIRED

DOCUMENTATION IN EXACTLY THE MANNER (TIMELINESS AND FORMAT) SPECIFIED IN THE

SOLICITATION MAY CONSTITUTE A BASIS FOR THE GOVERNMENT TO REJECT A PROPOSAL

AS NON-COMPLIANT AND THEREFORE UNEVALUATABLE AND MAY BE ELIMINATED FROM

THE COMPETITION WITHOUT FURTHER EVALUATION, AT THE SOLE DISCRETION OF THE

PROCURING CONTRACTING OFFICER

L.1.9 General Instructions

L.1.9.1 Submission of the digital proposal is due no later than 1:00 p.m. Eastern (Orlando, FL), on 6 April 2020 to the POCs listed at paragraph L.1.6, above. The Government may issue one or more Solicitation Amendment(s) prior to the deadline for final proposal submissions based upon the questions received. However, the Government does not anticipate that the closing date for receipt of offers will be extended.

L.1.9.2 If an Offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the Offeror shall immediately notify the PCO in writing with supporting rationale. Use of e-mail for PCO notification citing the solicitation number in the subject line is encouraged when a discrepancy is noted. A courtesy copy of all e-mail correspondence submitted to the PCO regarding discrepancies shall be provided to the POC and APOC. Please follow the e-mail with an immediate telephone call to the POC, APOC and PCO. Upon receipt of this notification, the Government will provide a written response within five business days from receipt of the e-mail.

L.1.9.3 Offerors shall not make any changes to the solicitation. Any objections to the terms and conditions of the solicitation should be addressed to the Contracting Officer prior to the Proposal Submittal Date. The Offeror shall identify any exceptions to the terms and conditions set forth in this solicitation, the remedy sought and the impact if the Government does not concur with the exceptions. The Offeror shall advise of any exceptions filed by their subcontractors and the Offeror’s resolution of the exceptions. The Government does not envision any changes to the terms and conditions and any changes proposed to the terms and conditions will not be accepted or made.

L.1.9.4 Questions and comments regarding the solicitation shall be submitted in writing using the NCRC EPOS Solicitation Comment Form, listed at Section J as Attachment 24. A separate NCRC EPOS Solicitation Comment Form shall be submitted for each question or comment.

L.1.9.4.1 If an Offeror perceives a question/comment may reveal proprietary or protected information, it must clearly mark the subject sentence or paragraphs and notify the Government that it considers the information proprietary. If the Government does not agree the information is proprietary the Government may choose not to respond to the question/comment.

L.1.9.4.2 If the Government deems one or more questions or comments are appropriate, the question(s)/comment(s) and a Government response will be published through the issuance of an update to the solicitation announcement prior to the deadline for final proposal submissions provided those questions are received by 1:00 p.m. Eastern, on 2 March 2020. Questions and/or Comments that result in a change to the solicitation shall be published to beta.SAM.gov as an amendment to the solicitation.

L.1.9.4.3 The order of precedence for submitting any question or comment you may have concerning this solicitation is the POC, APOC and PCO listed at L.1.6. A courtesy copy of all e-mail correspondence submitted to the POC shall be provided to the APOC and PCO. Interested parties shall submit questions and comments regarding this solicitation by electronic mail to robert.d.baird10.civ@mail.mil with copies to caryn.h.mcgraw.civ@mail.mil and jean.m.borowski.civ@mail.mil citing the solicitation number W900KK-20-R-0011 in the subject line.

L.1.9.4.4 Questions or comments may not be submitted via e-mail if the content reveals technical data that may be considered Export Controlled: Offerors shall hand carry and/or mail digital copies of the NCRC EPOS Solicitation Comment Form(s) on DVD-R/CD-ROM. If a NCRC EPOS Solicitation Comment Form is mailed in accordance with L.1.16, Offerors shall ensure adequate planning to make certain receipt by 1:00 p.m. Eastern, (Orlando, FL) on 2 March 2020.

L.1.9.4.5 Questions and Comments received after the 2 March 2020 deadline may not be answered prior to proposal submission or at all. Accordingly, Offerors are encouraged to carefully review all solicitation requirements and submit questions to the Government early in the proposal preparation cycle.

IN THE EVENT OF ANY CONFLICT BETWEEN THE RESPONSE TO QUESTIONS/COMMENTS AND THE

SOLICITATION, THE SOLICITATION (INCLUDING ANY AMENDMENTS) SHALL TAKE PRECEDENCE.

L.1.9.5 The Offerors shall ensure that each proposal Volume submitted contains only the information relevant to that specific Volume. The Offerors are cautioned that each Volume of the proposal is evaluated stand-alone against the criteria set forth in Section M of the solicitation and the evaluators for one Volume may be different than the evaluators of another Volume. It is incumbent upon the Offerors to ensure they properly submit their proposals. If the data is not contained in the appropriate Volume of the proposal it will not be evaluated.

L.1.9.6 The Government may reject any proposal that is evaluated to be unachievable in terms of program commitments and technical capability, including contract terms and conditions.

L.1.9.7 The successful Offeror will be required to comply with all aspects of the requirements documents for the NCRC EPOS contract, and Task Order 0001 for NITC resulting from this solicitation. Features offered beyond the requirements of this solicitation that are determined to be beneficial to the Government may be incorporated into the resultant contract/order and may result in an amendment to the PWS and other requirement documents for the contract/ order.

L.1.10 Government Furnished Information (GFI)

L.1.10.1 In support of proposal preparation, Offerors may submit a request to obtain Export Controlled / Controlled Unclassified Information (CUI) such as Performance Work Statements, Government provided Technical Data and other documents on the GFI List. The deadline for this request is 25 February 2020.

L.1.10.1.1 To obtain the GFI, all Offerors shall complete a NCRC EPOS Distribution Agreement (see Section J, Attachment 25). All initials and signatures on the NCRC EPOS Distribution Agreement must be hand-written:

typed entries will be considered non-compliant and the document will not be processed.

L.1.10.1.2 Offerors shall submit the completed NCRC EPOS Distribution Agreement to the POCs identified in Sections L.1.6, with the solicitation number in the subject line. The email shall also include a copy of the Offeror’s current DD Form 2345 that has been approved by the Defense Logistics Agency Joint Certification Program (DLA

JCP).

L.1.10.1.3 The Government intends to distribute GFI electronically via DoD SAFE to the Data Custodian named in Block 3a on the Offeror’s current DD Form 2345 that has been approved by (DLA JCP. The GFI will be delivered to the e-mail address listed in Block 3d on the DD Form 2345.

L.1.10.1.4 The Offeror’s Data Custodian may appoint one person as an Alternate Data Custodian. Only the Requesting U.S. Department of Defense (DoD) Contractor Authorized Technical Point of Contact (POC), or Alternate Requesting U.S. DoD Contractor Authorized POC named on the NCRC EPOS Distribution Agreement may be appointed as an Alternate Data Custodian.