W911QY-23-R-1016 Amendment 0001 Close Combat Set.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 reason for the Amendment is to correct the CCAWS components required 30 days after order aw ard on page 26 and to correct the Solicitation number in L.5.1 on page 59.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 10

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

16C. DATE SIGNED

BY 03-Jul-2023

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 W911QY23R1016

X 9B. DATED (SEE ITEM 11)

21-Jun-2023

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, 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

03-Jul-2023

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:

W911QY23R1016

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION F - DELIVERIES OR PERFORMANCE

The following have been modified:

52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

Four Close Combat Rifleman Sets (CCRS) will be required 30 days after award and will consist of the following items: four (4) Modular belt systems, twelve (12) single magazine pouches, eight (8) double magazine pouches, and four (4) dump pouches (One CCRS is defined as one Modular Belt System, three Single Magazine Pouches, two Double Magazine Pouches, one (1) Dump Pouch). The Contractor shall host a Government inspection of the first production samples thirty (30) days after contract award.

2,200 CCRS are required 90 days after award.

1,174 CCRS are required 120 days after award.

Two Close Combat Automatic Weapon Sets (CCAWS) will be required 30 days after contract award consisting of two (2) Modular belt systems, four (4) 50-round ammo pouches, six (6) 100-round ammo pouches and two (2) dump pouches. 2200 CCRS are due 90 days after contract award (CCAWS is defined as one (1) Modular Belt System, two

(2) 50-Round Pouch, three (3) 100-Round Pouch and one (1) Dump Pouch). The Contractor shall host a Government inspection of the first production samples thirty (30) days after contract award.

200 CCAWS are required 90 days after award.

99 CCAWS are required 120 days after award.

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

Within Days

After Date

Item No. Quantity of Contract

Michael.J.Quinlan Highlight

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of clause)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been modified:

L.1 SEQUENCE OF EVENTS DURING PROPOSAL EVALUATION

L.1.1. The government shall employ Lowest Price Technically Acceptable source selection process to evaluate proposals, conduct negotiations, and determine the successful offerors in this acquisition. "Offers", for the purposes of this solicitation, shall be defined as a response to the solicitation that, if accepted, would bind the offerors to perform the resultant contract. The Offerors can expect the following conditions and responses during proposal evaluation and negotiation:

L.1.1.1. Upon receipt, the proposals will be reviewed for completeness and compliance with solicitation requirements. The proposals will receive a detailed evaluation employing the process and criteria identified in Section M of this solicitation.

L.1.1.2. In accordance with FAR 15.306, the government may conduct exchanges with offerors after receipt of proposals, prior to award if award is made without discussions, or leading to the establishment of the competitive range. Therefore, the offeror’s initial proposal shall contain the offerors best terms.

L.1.1.3. THE GOVERNMENT RESERVES THE RIGHT TO AWARD A CONTRACT(S) BASED ON INITIAL

PROPOSAL SUBMISSION WITHOUT ORAL PRESENTATION, EXCHANGES AND/OR DISCUSSIONS.

L.1.1.4. In the event the government has not rendered a competitive range determination, the government may conduct exchanges with offerors to enhance the government's understanding of proposals; allow reasonable interpretation of the proposal; or facilitate the government's evaluation process. Such communications shall not be used to cure proposal deficiencies or material omissions, materially alter the technical or cost elements of the proposal, and/or otherwise revise the proposal. Such communications may be considered in rating proposals for the purpose of establishing the competitive range. Furthermore, such communications do not and shall not permit offerors to modify, revise, or otherwise change any element of their proposal.

L.1.1.5. In the event the government does not award without discussions, the government will render a competitive range determination and conduct discussions with only those offerors remaining in the competitive range. In accordance with FAR 15.306(c), the competitive range will consist only of those offers that are the most highly rated offers, however, in accordance with FAR Part 15.306(c)(2) the number of proposals in the competitive range may be limited for purposes of efficiency. Therefore, the offeror's initial proposal shall contain the offeror's best terms.

L.1.1.6. In the event a competitive range has been established, offerors shall be prepared to enter into discussions.

For those offerors in the competitive range, the government shall submit Discussion Items, which shall be answered by the offerors in the form of Final Proposal Revisions (FPRs).

L.1.1.7. Additional competitive range determinations may be made as needed during discussions. A request for Final Proposal Revisions (FPRs) shall be received from those offerors remaining in the competitive range at the conclusion of discussions. The Contracting Officer shall establish a common due date and time for the submission of FPRs.

L.1.1.8. If FPRs are requested, the offeror's FPR shall be evaluated in accordance with the evaluation criteria stated in Section M. Unexplained or inadequately explained departures from the previous submission may significantly impact the evaluation of the offeror's proposal. The information in the FPR should be presented in a clear, coherent, and concise manner. Vague or terse statements such as "shall comply", "noted and understood", etc. are NOT acceptable.

L.2. PROPOSAL SUBMISSION

L.2.1. GENERAL INSTRUCTIONS

L.2.1.1. Performance Demonstration Models (PDM)

a. The offeror shall submit product demonstration models (PDM), as specified below, as part of its Technical proposal. Models will be submitted at no expense to the Government and must be received prior to the time and date set forth for closing of offers. PDMs will be returned at the offeror’s request and expense unless retained by the Government as a manufacturing standard. PDMs will become Government property unless return is requested within 30 days after date of award.

PDMs Required: MOLLE Modular Belt System., MCN: 8465-01-F05-4532 – Two (2) fully Assembled systems to be examined for Material, Shade ,Visual & Dimensional Requirements.

NOTE: No alternate materials or colors are permitted in the manufacture of PDMs. In addition, PDM samples must be produced at the same facility as the production quantity.

b. The models will be tested or evaluated to determine compliance with all characteristics specified for such test or evaluation as referenced in Federal Acquisition Regulation (FAR) Subpart 15.3. Failure of models to conform to all requirements of the TDP may result in the rejection of the entire offer. Failure to furnish PDMs by the time and date specified in the solicitation may be cause for rejection of the entire offer.

c. The PDMs must be manufactured:

(i) at the same facility as the production quantity and

(ii) must be in accordance with applicable specifications, including the placement of the labels, unless otherwise identified. However, labels need not be printed for the purpose of the PDM.

(iii) Offerors must identify the facility or facilities (e.g., different place of performances) where the PDMs were manufactured.

NOTE: PDM(s) MAY ONLY BE FURNISHED WITH THE OFFEROR’S PROPOSAL AT THE TIME AND DATE OF THE INITIAL CLOSING OF THE SOLICITATION. SUBSEQUENT SUBMISSIONS WILL NOT BE PERMITTED, EVEN IF DEFICIENCIES EXIST IN THE PDM(s) SUBMITTED; THEREFORE, THE OFFEROR

MUST FURNISH ITS BEST EFFORT AT THIS TIME. CORRECTIONS OF THE PDM WILL NOT BE

ACCEPTED BY THE GOVERNMENT.

d. The PDMs shall be delivered to:

Natick Soldier Center PdM-SCIE (Bldg 5, S201, J. Kirk) General Green Ave Natick, MA 01760

L.2.1.2. Proposals should be submitted electronically in Adobe PDF and/or Microsoft Office (Word/Excel) via email to both points of contact (POC) below:

Contracting Officer: Michael Quinlan, michael.j.quinlan3.civ@army.mil Contract Specialist: Andrew Donovan, andrew.p.donovan2.civ@army.mil

L.2.1.3. Any data previously submitted in response to another solicitation, whether submitted to the DoD or another agency, should be assumed to be 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.

L.2.1.4. Each Offeror shall submit a single, complete proposal that contains the Offeror’s best terms. The Offeror’s proposal shall remain valid for a period of 180 days from the closing date of the solicitation.

L.2.1.5. Files shall not contain classified information.

L.2.1.6. Offerors are advised to submit any questions for clarification or explanation via the SAM.gov website. The cutoff date for submitting questions is seven (7) business days prior to proposal deadline. The government will answer all questions through the issuance of a solicitation amendment prior to the deadline for final proposal submissions. Questions received after the deadline may not be answered prior to proposal submission. The government does not anticipate extending the closing date for receipt of offers.

L.2.1.7. Offeror(s) are cautioned that in order for their proposal to be eligible for award, the proposal shall be in compliance with all of the terms and conditions set forth in the RFP. Failure to submit a timely proposal exactly in accordance with the solicitation instructions may result in a government determination the offeror's proposal is nonresponsive or noncompliant, and therefore ineligible for award, at the sole discretion of the government.

L.2.2. PROPOSAL SUBMISSION REQUIREMENTS

a. Each volume shall be submitted electronically to michael.j.quinlan3.civ@army.mil and andrew.p.donovan2.civ@army.mil. Any portion of the proposal that is changed (as a result of proposal revisions) should be annotated and dated. Each volume shall be clearly labeled with its Title and revision number.

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 and may be produced in landscape mode.

c. The offerors’ proposals shall consist of five (5) volumes. Table 1 lists the title and page limit for each volume.

Files shall not contain classified data. Offerors shall NOT include any pricing information in any section of their proposals except within Volume 1: Section B of the Standard Form 33 and Volume 3: Cost/Price. The use of hyperlinks in proposals is prohibited.

d. The following volumes of material shall be submitted:

Volume Title Digital Copy Maximum Pages I Technical 1 20 II Past Performance 1 20 III Price 1 No page limit IV Small Business 1 15 V Offer 1 30

NOTE: Pages that exceed the required page limitations will not be evaluated. All pages including the Table of Contents and summary section will be included in the page count. Additional pages over the maximum allowed will be removed or not read and will not be evaluated by the government. The offeror may submit test data as an Appendix to the Technical Volume. The Appendix including test data will not be counted in the page count.

L.2.3. PROPOSAL FILES.

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, date and Request for Proposal (RFP) number in the header and/or footer. A Table of Contents 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”

L.2.3.1. Volume I Technical

a. The Technical Volume is comprised of the following:

Program Management Delivery Quality

b. The Offeror shall submit a narrative detailing their own strategy for the technical aspects of the MOLLE Close Combat Set. Recommended components include:

Project scope definition – The purpose and objectives of the project should be stated in this section. There should be definition as to the scope of the project as well as the major deliverables.

Material/equipment requirements – this section should define space, hardware/software, and other resources needed to complete the project successfully.

Program Management – Supplier management, subcontractor management and configuration management should be discussed.

Delivery schedule – The offerors will state how it will meet the 30 and 90 day delivery requirements for CLIN 0001, the estimate annual quantities and potential surge quantities for CLINs 0002-0014.

Quality – The offeror must provide a copy of the Quality inspection plan/manual that will be used for this contract. An offeror must be ISO 9001:2015 compliant or greater. The quality manual shall demonstrate that it monitors, assesses, and audits quality and reliability at their own facility as well as all their supplier facilities.

L.2.3.2. Volume II: Past Performance

a. Offerors shall list all MOLLE-related Department of Defense contracts within the last three years. For government contracts, the evaluation board will review CPARS forms. An Acceptable rating will be given to offerors with all “satisfactory” or better CPARS.

b. MOLLE Contract Experience refers to any items made in accordance with any of the following purchase descriptions; PD 02-02 (MOLLE), PD 02-05 (Improved MOLLE Medic Set, PD 05-03 (MOLLE Accessories)

c. This volume shall include:

Contract Descriptions Contractor/Subcontractor place of performance, CAGE Code and Unique Entity Identifier (UEI). If the work was performed as a subcontractor, also provide the name of the prime contractor and Point of Contact (POC) within the prime contractor organization (name, and current address, e-mail address).

Government contracting activity, current address, Procuring Contracting Officer's name, email address.

Government’s technical representative/COR, current e-mail address.

Government contract administration activity, the Administrative Contracting Officer's name, current e-mail address.

Contract Number (in the case of Indefinite Delivery type contracts, GSA contracts, and Blanket Purchase

Agreements, include Delivery/Task Order Numbers).

Contract Type (specified type, such as Fixed Price (FP), Cost Reimbursement (CR), etc.

Award contract price.

Original delivery schedule, including dates of start and completion of work.

Final or projected final, delivery schedule, including dates of start and completion of work. Offerors shall list each time the delivery schedule was revised and provide an explanation of why the revision was necessary.

IAW FAR 15.305(2)(iv), offerors without a record of relevant past performance or for whom past performance is not available; the offeror may not be evaluated favorably or unfavorably.

L.2.3.3. Volume III: Price

The Offeror shall complete Attachment 0001 – Pricing Schedule to provide FOB Destination, firm fixed price pricing for each Contract Line Item Number (CLIN). The Attachment 0001 spreadsheet will calculate the Total Evaluated Price for the Contract used in determining the lowest technically acceptable proposal. The offeror(s) pricing will be evaluated to determine if the pricing is fair and reasonable.

L.2.3.4. Volume IV: Small Business Participation

a. This factor evaluates the offeror' s approach to maximizing opportunities for small businesses in the proposed effort, in terms of the percentage of overall contract value. SB Subcontracting Plans are not required from offerors certified as Small Business. All offerors classified as a Large Business under the cognizant NAICS code for this requirement shall provide a Small Business Subcontracting Plan in accordance with FAR 52.219-9 and DFARS 252.219-7003.

b. The NAICS code for this solicitation is 315210, Cut and Sew Apparel Contractors with a small business size standard of 750 employees.

c. Small Business Subcontracting Plan- Other than small businesses must submit acceptable subcontracting plans to be eligible for award. FAR 19.702 (a) (1) under Subpart 19.7 The Small Business Subcontracting Program states, "In negotiated acquisitions, each solicitation of offers to perform a contract or contract modification, that individually is expected to exceed $750,000 ($1.5 million for construction) and that has subcontracting possibilities, must require the apparently successful offeror to submit an acceptable subcontracting plan. If the apparently successful offeror fails to negotiate a subcontracting plan acceptable to the contracting officer within the time limit prescribed by the contracting officer, the offeror will be ineligible for award."

d. FAR 19.702 (b) (1) under Subpart 19.7-The Small Business Subcontracting Program states, "Subcontracting plans are not required from small business concerns."

e. Narrative which describes the contractor's compliance, with the requirements of FAR 52.219-9 Small Business Subcontracting Plan, DFARS clause 252.219-7003 Small Business Subcontracting Plan (DoD Contracts) and AFARS Appendix DD requirement, to include the target small business (SB) goal for each SB category. If a Large Business has never held a contract incorporating clause 52.219-9, it must be stated as such within the proposal. The information in the SB Subcontracting Plan must properly correlate with that of the offeror's SB Participation Plan [as required at DFARS 215.304c (i) C].

f. Narrative dialogue must sufficiently address points one (1) through fifteen (15) under FAR 19.704 Subcontracting plan requirements. In addition, in accordance with FAR 19.704 (c), the Subcontracting Plan must contain separate statements and goals for the basic contract and for each option year. Offerors must show a clear understanding of each to be considered "acceptable" for this subfactor.

g. Narrative/ documentation from the past three (3) fiscal years, which describes how the offeror has demonstrated the ability to meet prior subcontracting plan goals and honor the terms of subcontract agreements.

h. Documentation which provides the CAGE code and UEI for each proposed subcontractor and include identification of the NAICS code (appropriate to the principal nature of the planned subcontract) supporting each proposed subcontractor's size status.

L.2.3.5. Volume V Offer

a. SF33: Offeror shall complete blocks 12 through 18 and signed by an authorized representative of the Offeror.

b. Section F: Offeror shall complete the "Time of Delivery (JUN 1997)" within FAR 52.211-8.

c. Section G: Offeror shall complete Sections G.2, G.3 and G.4.

d. Section H: Offeror shall complete Section H-1.2.

e. Section I: Offeror shall complete FAR clause 52.219-28.

f. Section K: Offeror shall complete FAR 52.204-8(b)(2) and all other required representations and certifications, as necessary, within this Section and/or through SAM.

g. The Offeror shall acknowledge any amendments issued to this solicitation. Amendments must be acknowledged by signature of an official having the authority to bind the Offeror contractually by the completion and submission of the SF30 or an appropriate annotation on the SF33.

j. The cover page for the offeror's subcontracting volume must summarize the offeror's SB Participation goals for the total requirement, and summarize the offeror's SB Subcontracting percentage goals for the total requirement, as follows:

Category SB Participation Plan SB Subcontracting Plan* Small Business TBD% TBD% Small Disadvantaged Business TBD% TBD% Women-owned Small Business TBD% TBD% HUB Zone Small Business TBD% TBD% Service-Disabled Veteran-Owned Small Business

TBD% TBD%

*An offeror who qualifies as a small business must enter N/A in this column

L.3. INCORPORATION OF PROPOSAL

L.3.1. All or portions of the Contractor's Technical Proposal, as negotiated and accepted by the government, may be incorporated by reference into the resultant contract. Some or all of the information furnished by the contractor may be subject to disclosure under the Freedom of Information Act. For this reason, the contractor shall identify information contained in the proposal which the contractor specifically does not want to be incorporated by reference.

L.3.2. Notwithstanding any rights the government shall receive under the contract to the data being protected under the solicitation, any request for information received under the Freedom of Information Act (5 U.S.C 552) for the resulting contract, including any portion of the proposal that was incorporated into the contract, shall be reviewed in accordance with the FOIA statute. The government shall contact the contractor to identify what information, if any, contained in the contract should be withheld from release to the public. The contractor shall the have to demonstrate that the information is (1) a trade secret or (2) confidential, commercial information. In case of the latter, the contractor would have to demonstrate, in detail, that disclosure would (1) impair the government’s ability to obtain necessary information in the future or (2) cause substantial harm to the contractor.

L.4. ARMY MATERIAL COMMAND, AMC-LEVEL PROTEST PROGRAM

L.4.1. If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible Contracting Officer. However, you can also protest to Headquarters, AMC. The HQ, AMC Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office (GAO) or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send AMC-level protests (other than protests to the Contracting Officer) to:

Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road, Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 email: usarmy.redstone.usamc.mbx.protests@mail.mil Packages sent by Fed Ex or UPS The AMC-level protest procedures are found at:

http://www.amc.army.mil/amc/commandcounsel.html

If Internet access is not available contact the Contracting Officer or HQ, AMC to obtain the AMC-Level Protest Procedures.

L.4.2. Protests filed with the Contracting Officer shall be submitted to the address designated in Block 7 of the SF33 or in the paragraph entitled "Remedies" of the AMC-Level Protest Procedures whenever Internet access is not available to the Contractor. For all protests filed with the Contracting Officer, he shall continue to serve as the Protest Decision Authority.

L.5. DISCLOSURE OF PROPOSAL. Information contained in the successful offeror's technical/management or price proposal must be released under the Freedom of Information Act (5 U.S.C. 552) upon request from the public after contract award except to the extent it contains trade secrets and privileged or confidential commercial or financial information. If the offeror's proposal contains material meeting this description which is customarily maintained in confidence in the course of the offeror's business and is not otherwise publicly available, and if the offeror does and is not otherwise publicly available, and if the offeror does not want it disclosed to the public, they shall mark the title page with the legend that follows:

L.5.1. "This proposal, furnished in response to Solicitation No. W911QY-23-R-1016 contains trade secrets and/or privileged or confidential commercial or financial information. This information is maintained in confidence in the course of the offeror's business and is not otherwise publicly available. The offeror submits this information to the government in confidence and understands that it is received with that intent. This information shall not be released or disclosed outside the government under the Freedom of Information Act (5 U.S.C. 552) or under any other circumstances."

L.5.2. Proposals so marked will be accepted by the government in confidence and will not be released provided the offeror and/or government can show, upon request under the Freedom of Information Act, that the disclosure would either impair the government’s ability to obtain necessary information in the future or cause substantial harm to the competitive position of the offeror.

(End of Summary of Changes)