W911QY-20-R-0010 PFD Solicitation Amendment 0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The purpose of this amendment is to correct the DFARS reference in Section H.4 and to revise the required intellectual property clauses in Section I. Attachment 0007 w as added to Section J listing all of the solicitation questions and answ ers up to 28 May 2020.

1. CONTRACT ID CODE PAGE OF PAGES

S 1 6

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

16C. DATE SIGNED

BY 28-May-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 W911QY20R0010

X 9B. DATED (SEE ITEM 11)

07-May-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 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

28-May-2020

CODE

W6QK ACC-APG NATICK

CONTRACTING DIVISION

BLDG 1 GENERAL GREENE AVENUE

NATICK MA 01760-5011

W911QY 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W911QY20R0010

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

H-1. CONTRACTOR'S ORGANIZATION AND KEY PERSONNEL

H-1.1. The Contractor's organization shall be established with authority to effectively accomplish the objectives of the Technical Data Package and Scope of Work. This organization shall become effective upon award of the contract and its integrity shall be maintained for the duration of the contract effort.

H-1.2. The key personnel listed in paragraph c below are considered to be critical to the successful performance of this contract. Prior to replacing these key personnel, the Contractor shall notify the contracting officer. The contractor shall provide advance notice of the proposed changes and shall demonstrate that the qualifications of the proposed substitute personnel are generally equivalent to or better than the qualifications of the personnel being replaced.

H-1.2.1. Key Personnel List

NAME POSITION

H-1.2.2. Prior to permanently reassigning any of the specified individuals to other contracts, the Contractor shall provide the Contracting Officer not less than thirty (30) days advance notice and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. The "Key Personnel" list may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

H-2. DELIVERY ORDERS

The Government's requirements will be given to the Contractor by the timely issuance of delivery orders duly executed by the Contracting Officer in accordance with the Order Limitations Clause (FAR 52.216-19) and Indefinite Quantity Clause (52.216-22) set forth in Section I. The Government will issue a Delivery Order (DD Form 1155) for each requirement specifying the CDRL (if applicable) and the CLIN/SubCLIN. The delivery order will specify the quantity of units and the unit price for the quantity ordered. Reference Section F, FAR clause 52.211-8 Time of Delivery of this contract; unless otherwise negotiated, the delivery schedules for all active delivery orders will reflect, or be modified to reflect, a delivery schedule based on the total quantity currently ordered under all active delivery orders excluding those within 30 days of delivery. Should the Government issue delivery orders within 30 days of each other and final delivery has not occurred, the delivery order will be issued reflecting the economic quantity pricing of the total quantity of all relevant delivery orders. All affected delivery orders will be subsequently modified to reflect the lower economic quantity pricing.

H-3. PROPOSAL EVALUATION AND COMPETITIVE RANGE DETERMINATION

The offerors’ proposals will be evaluated in accordance with FAR 15.305(a) and Section M of this solicitation. After evaluating all proposals, and if discussions are to be conducted, the Contracting Officer may establish the competitive range comprised of all of the most highly rated proposals, based upon the ratings of each proposal against all evaluation factors. The decision to establish a competitive range will be made at the sole discretion of the Contracting Officer. Offerors are advised the Contracting Officer, for purposes of efficiency, may also limit the number of competitive range offerors.

Following the initial proposal evaluation, offerors in the competitive range will be awarded a Purchase Order (PO) for five (5) PFD test assets for government Design Validation (DV) testing in accordance with Section C-4.3.1.

Results from testing will be utilized to demonstrate compliance with Section C-3.1 PFD Requirements of this solicitation. The offerors’ proposals will be evaluated against the Technical Factor Area 1 Technical Approach and Area 2 Demonstrated compliance with Performance Requirements for DV per Section M.2.1. Based on the ratings of each proposal against all evaluation factors, the Contracting Officer, for purposes of efficiency, will limit the competitive range to no more than two (2) offerors participating in Developmental Testing & Operational Testing

(DT/OT).

Offeror(s) remaining in the competitive range for DT/OT will be awarded a Purchase Order (PO) for forty (40) PFD test assets and associated contractor support, travel and CDRLs. Results from DT/OT testing will be utilized to further demonstrate compliance with Section C-3.1 PFD Requirements of this solicitation. The offeror(s) proposal will be evaluated against the Technical Factor Area 1 Technical Approach and Area 2 Demonstrated compliance with Performance Requirements for DT/OT per Section M.2.1. Based on the ratings of the proposal(s) against all evaluation factors, the Contracting Officer will award a single, five-year firm fixed price indefinite-delivery, indefinite-quantity (IDIQ) contract for production of the Parachutist Flotation Device (PFD).

H-4. SPECIAL LICENSE AGREEMENT

Pursuant to DFARS 252.227-7013(b)(4) incorporated into this contract, this Special License Agreement grants Government Purpose Rights as defined in DFARS 252.227-7013(a)(13) (including rights to any copyrights or trade secrets) in the Technical Data comprising the deliverables required by CDRL A020 covering the Parachutist Flotation Device (PFD). Payment of the sums in CLIN 1030 for Government Purpose Rights to the Technical Data covering the PFD is full compensation to the contractor for all of the deliverables and rights granted by this contract inclusive of all contract clauses. The contractor hereby warrants that it has secured all rights to the PFD necessary to grant the U.S. Government Government Purpose Rights as that term is defined in DFARS 252.227- 7013(a)(13).

The contractor shall mark all deliverables as required under DFARS 252.227-7013(f)(2).

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

52.227-11 Patent Rights--Ownership By The Contractor MAY 2014 252.227-7016 Rights in Bid or Proposal Information JAN 2011 252.227-7027 Deferred Ordering Of Technical Data Or Computer Software APR 1988 252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.227-7039 Patents--Reporting Of Subject Inventions APR 1990

The following have been added by full text:

252.227-7017 IDENTIFICATION AND ASSERTION OF USE, RELEASE, OR DISCLOSURE

RESTRICTIONS. (JAN 2011)

(a) The terms used in this provision are defined in following clause or clauses contained in this solicitation--

(1) If a successful offeror will be required to deliver technical data, the Rights in Technical Data--Noncommercial Items clause, or, if this solicitation contemplates a contract under the Small Business Innovation Research Program, the Rights in Noncommercial Technical Data and Computer Software--Small Business Innovation Research (SBIR) Program clause.

(2) If a successful offeror will not be required to deliver technical data, the Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation clause, or, if this solicitation contemplates a contract under the Small Business Innovation Research Program, the Rights in Noncommercial Technical Data and Computer Software--Small Business Innovation Research (SBIR) Program clause.

(b) The identification and assertion requirements in this provision apply only to technical data, including computer software documents, or computer software to be delivered with other than unlimited rights. For contracts to be awarded under the Small Business Innovation Research Program, the notification requirements do not apply to technical data or computer software that will be generated under the resulting contract. Notification and identification is not required for restrictions based solely on copyright.

(c) Offers submitted in response to this solicitation shall identify, to the extent known at the time an offer is submitted to the Government, the technical data or computer software that the Offeror, its subcontractors or suppliers, or potential subcontractors or suppliers, assert should be furnished to the Government with restrictions on use, release, or disclosure.

(d) The Offeror's assertions, including the assertions of its subcontractors or suppliers or potential subcontractors or suppliers shall be submitted as an attachment to its offer in the following format, dated and signed by an official authorized to contractually obligate the Offeror:

Identification and Assertion of Restrictions on the Government's Use, Release, or Disclosure of Technical Data or Computer Software.

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

Technical Data or Computer Name of Person Software to be Furnished Asserting With Restrictions * Basis for Assertion ** Asserted Rights Category *** Restrictions ****

(LIST) ***** (LIST) (LIST) (LIST)

*For technical data (other than computer software documentation) pertaining to items, components, or processes developed at private expense, identify both the deliverable technical data and each such items, component, or process. For computer software or computer software documentation identify the software or documentation.

**Generally, development at private expense, either exclusively or partially, is the only basis for asserting restrictions. For technical data, other than computer software documentation, development refers to development of the item, component, or process to which the data pertain. The Government's rights in computer software documentation generally may not be restricted. For computer software, development refers to the software. Indicate whether development was accomplished exclusively or partially at private expense. If development was not accomplished at private expense, or for computer software documentation, enter the specific basis for asserting restrictions.

***Enter asserted rights category (e.g., government purpose license rights from a prior contract, rights in SBIR data generated under another contract, limited, restricted, or government purpose rights under this or a prior contract, or specially negotiated licenses).

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

*****Enter "none" when all data or software will be submitted without restrictions.

Date __________________________________________________

Printed Name and Title ________________________________

Signature _____________________________________________

(End of identification and assertion)

(e) An offeror's failure to submit, complete, or sign the notification and identification required by paragraph (d) of this provision with its offer may render the offer ineligible for award.

(f) If the Offeror is awarded a contract, the assertions identified in paragraph (d) of this provision shall be listed in an attachment to that contract. Upon request by the Contracting Officer, the Offeror shall provide sufficient information to enable the Contracting Officer to evaluate any listed assertion.

(End of provision)

The following have been deleted:

52.227-14 Rights in Data--General MAY 2014

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

The following have been modified:

Exhibits – Contract Data Requirements Lists (CDRL)

DOCUMENT DESCRIPTION PAGES DATE

Exhibit A CDRL A001 Preliminary TM Field Maintenance Manual incl. RPSTL 3 6/18/19

Exhibit B CDRL A002 TM Validation Plan & Validation Certificate 3 6/18/19

Exhibit C CDRL A003 1st TM Submission (w/RPSTL) (1st/2nd/FRC) 3 6/18/19

Exhibit D CDRL A004 1st Maintenance Allocation Chart (MAC) submission 3 6/25/19

Exhibit E CDRL A005 1st Supportability Analysis Summaries (SAS) 3 6/25/19

Exhibit F CDRL A006 1st Maintenance Allocation Chart (MAC) submission 3 6/25/19

Exhibit G CDRL A007 Provisioning Parts List (PPL) 3 6/25/19

Exhibit H CDRL A008 Engineering Data for Provisioning (EDFP) 3 6/25/19

Exhibit I CDRL A009 Program of Instruction (POI 1) (Operator) 3 6/25/19

Exhibit J CDRL A010 Program of Instruction (POI 1) (Operator) 3 6/25/19

Exhibit K CDRL A011 Logistics Product Data-Packaging Data Products 3 6/17/19

Exhibit L CDRL A012 Special Packaging Instruction 3 6/17/19

Exhibit M CDRL A013 Program of Instruction (POI 2) (Maintainer) 3 6/25/19

Exhibit N CDRL A014 Program of Instruction (POI 2) (Maintainer) 3 6/25/19

Exhibit O CDRL A015 Mission, Collective/Individual Task Data (Maintainer) 3 6/25/19

Exhibit P CDRL A016 Mission, Collective/Individual Task Data (Operator) 3 6/25/19

Exhibit Q CDRL A017 Lesson Plan/Trainee Guide/Visual Aids (Operator) 3 6/25/19

Exhibit R CDRL A018 Lesson Plan/Trainee Guide/Visual Aids (Maintainer) 3 6/25/19

Exhibit S CDRL A019 Training Conduct Support Document 3 6/25/19

Exhibit T CDRL A020 Technical Data Package (TDP) 3 2/3/20

Exhibit U CDRL A021 First Production Lot (FPL) Report 3 1/30/20

Exhibit V CDRL A022 FPL Material Certifications and Samples 3 1/30/20

Exhibit W CDRL A023 Quality Validation Plan (QVP) 3 1/30/20

Exhibit X CDRL A024 Production Process Package (PPP) 3 1/30/20

Exhibit Y CDRL A025 PFD Maintenance, Inspection Criteria 3 2/1/20

Solicitation Attachments

Attachment 0001 Shipping Instructions 5 3/31/19

Attachment 0002 Pricing Schedule 3 4/7/20

Attachment 0003 SOW for Development and Production of Equipment Publications 13 6/18/19

Attachment 0004 Performance Assessment Questionnaire 5 4/7/20

Attachment 0005 MIL-DTL-6645J 17 8/31/01

Attachment 0006 MIL STD 849D DEC 2019 98 6/17/19

Attachment 0007 Solicitation Questions & Answers as of 28 May 2020 7 5/28/20

(End of Summary of Changes)