W9133L-17-R-0008-0005-ATSOS-A5_(23_MAY_17).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

a) The purpose of this amendment is to change the proposal due date, post answ ers to questions, and to make changes to the solicitation as described in the enclosed answ ers to questions.

b) Answ ers to questions submitted betw een 17-22 MAY 17 are provided w ith this amendment. No additional questions w ill be answ ered prior to the solicitation due date.

c) Several changes to the solicitation are described in the enclosed answ ers and have been updated w ith this amendment.

d) The Price Model (attchmnt 0001), Wage Determinations (attchmnt 0007) and updates to QAs (attchment 0010) are attached to this amendment.

e) All other terms and conditions remain the same. Offerors shall acknow ledge this amendment w ithin their proposal.

f) The POC for this action is CPT Brian Burton, (703) 607-1127 or via e-mail at brian.j.burton.mil@mail.mil.

1. CONTRACT ID CODE PAGE OF PAGES

S 1 26

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

16C. DATE SIGNED

BY 23-May-2017

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 W9133L-17-R-0008

X 9B. DATED (SEE ITEM 11)

06-Apr-2017

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

23-May-2017

CODE

NGB-AQ - W9133L

111 SOUTH GEORGE MASON DR

BLDG. 2, 4TH FLOOR

ARLINGTON VA 22204-1373

W9133L 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9133L-17-R-0008

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SPECIAL CONTRACT REQUIREMENTS

Special Contract Requirements

H.1 Order of Precedence

In the event of an inconsistency between the terms and conditions of this contract, resultant Task Orders (TOs), and contractor TO proposals, the inconsistency shall be resolved by giving precedence in the following order:

(a) The contract;

(b) The contractor's proposal for the IDIQ

H.2 Mandatory use of Contractor to Government Electronic Mail

(a) Unless exempted by the Contracting Officer (KO), communications after contract award shall be transmitted via electronic mail (e-mail). This shall include all communication between the Government and the contractor except Classified Information. Return receipt will be used if a commercial application is available.

(b) The format for all communication shall be compatible with the following:

Microsoft Word 2013 Microsoft Excel 2013 Microsoft PowerPoint 2013 for presentation slides

(c) Files larger than 2 megabytes must use alternate means of transmission. (Note: This includes both the text message and the attachment). Large files can be submitted via the U. S. Army Aviation and Missile Research Development and Engineering Center (AMRDEC) Safe Access File Exchange (SAFE) (https://safe.amrdec.army.mil/SAFE/Welcome.aspx). When submitting files to AMRDEC, the offeror will need to specifically authorize access to the file to the following persons: MAJ Jeremy Goldsmith at jeremy.m.goldsmith.mil@mail.mil, CPT Brian Burton at brian.j.burton.mil@mail.mil, and COL Patrick Staresina Patrick.r.staresina.mil@mail.mil.

(d) In addition to the KO, a copy of all communications shall be provided to the Contract Specialist, Contract COR, and the TO COR as appropriate.

(e) The following examples include, but are not limited to, the types of communication that shall be transmitted via e-mail:

Routine Letters Requests for Proposals under the contract Price Issues (except contractor pricing data) Approvals/Disapproval's by the Government Technical Evaluations of Contract Items Clarifications Configuration Control

Drawings (not to exceed ½ megabyte) Revised Shipping Instructions Change Order Directions

(f) In order to be contractually binding, all Government communications must be sent from the KO’s e-mail address. The contractor shall designate the personnel with signature authority who can contractually bind the contractor. All binding contractor communication shall be sent from the signature authority's e-mail address (see Section G.1)

(g) The Government reserves the right to upgrade to a more advanced commercial application at any time during the life of the Contract.

H.3 Mandatory Use of Government to Government Electronic Mail

(a) Unless exempted by the KO in writing, communication after contract award between Government agencies shall be transmitted via electronic mail (e-mail).

(b) The following examples include, but are not limited to, the types of communication that shall be transmitted via e-mail:

Instructions to Task Order Contracting Officer (TO KO) Instructions to Defense Finance Administration Services Instructions to Defense Contract Audit Agency

(c) See Mandatory Use of Contractor to Government Electronic Mail, for further guidance.

H.4 Meetings / Conferences.

Technical meetings and/or post-award/pre-performance conferences may be necessary to resolve problems and to facilitate understanding of the technical requirements of the contract. Participants at these meetings/conferences shall be members of the contractor’s technical staff and technical representatives of the Government. These meetings/conferences shall be scheduled with the agreement and arrangements made between the Contracting Officer (KO) or the Contracting Officer’s representative (COR) and the contractor. In addition, during the life of the contract, periodic meetings, which are designed to review program status, assess contractor performance, refine current processes, and plan future actions will be held at both Contractor and Government sites. The Contractor’s attendance at such meetings is required. Records of these meetings/conferences shall be made by the contractor and approved by the Government.

H.5 Release of News Information

No news release (including photographs and films, public announcements, denial or confirmation of same) on any part of the subject matter of this contract or any phase of any program hereunder shall be made without the prior written approval of the Contracting Officer. See also Section I, DFARS clause 252.204-7000 “Disclosure of Information”.

H.6 Work on a Government Installation.

(a) Specific portions of the effort required to be accomplished on task orders under this contract may be required to be performed at a Government owned facility. The Contractor, therefore, will be granted ingress and egress at the specific facility where effort is to be performed.

(b) While Contractor personnel are at the Government facility, they are required to comply with all rules and regulations of the facility, specific mention being made of complying with rules and regulations governing conduct with respect to health and safety not only as they relate to themselves but also to other personnel who are

Government employees or agents of the Government and to property at the site regardless of whether or not title to such property vests with the Government. Contractor personnel whose duties require their presence at a Government facility shall be clearly identifiable by the wearing of a distinctive badge obtained by the Contractor from the government. Prescribed identification for all Contractor personnel shall immediately be delivered to the installation security office for cancellation or disposition upon termination of employment with the Contractor or expiration or termination of contract(s) authorizing such identification.

(c) The Government property to which the Contractor will have access under this clause will be made available during the performance period of the contract. In the event the property to which the Contractor is to have access is not made available as scheduled, the Contracting Officer shall, upon timely written request made by the Contractor, make a determination of the delay, if any, occasioned the contractor thereby, and shall equitably adjust the delivery or performance dates of the contract, or both, and any other contractual provision affected by any such delay, in accordance with the procedures provided for in the clause of this contract entitled "Changes."

(d) The property to which the Contractor has access will at all times be in the custody of the Government and will not be considered "Government Property" furnished to the Contractor. The property is provided on a no-charge-for-use basis for performance of the effort required by this contract.

(e) Contractor employees working on any Government contract that require access to Government owned or controlled facilities; access to Government information technology (IT) systems and systems data; or access to sensitive information must meet all HSPD-12 requirements: Favorable adjudicated FBI fingerprint check and the completion/review and approval of e-QIP must be completed before the Contract employee can enter a Government facility unescorted.

(f) In performing work under this contract on a Government installation or in a Government building, the contractor shall:

(1) Obtain and maintain the minimum kinds and amounts of insurance specified in Section I insurance clause(s), Section H.7 and as required by individual Task Orders (TOs).

(2) Conform to the specific safety requirements established by this contract and individual TOs.

(3) Comply with the safety rules of the Government installation that concern related activities not directly addressed in this contract.

(4) Take all reasonable steps and precautions to prevent accidents and preserve the life and health of contractor and Government personnel connected in any way with performance under this contract.

(5) Take such additional immediate precautions as the Contracting Officer may reasonably require for safety and accident prevention purposes.

H.7 Insurance

In accordance with the Section I, FAR clause 52.228.5 "Insurance - Work on a Government Installation” and this schedule, the Contractor shall acquire and maintain during the entire performance period of this contract insurance of at least the following kinds and minimum amounts set forth below:

(1) Workman's Compensation and Employer's Liability Insurance in accordance with the amounts specified by the laws of the states in which the work is to be performed under this contract. In the absence of such state laws, an amount of $100,000 shall be required and maintained.

(2) General Liability Insurance Bodily Injury Liability in accordance with the amounts specified by the laws of the states in which the work is to be performed under this contract. In the absence of such state laws, a minimum amount of $500,000 per occurrence.

(3) Automobile Liability Insurance in accordance with the amounts specified by the laws of the states in which the work is to be performed under this contract. In the absence of such state laws, a minimum amount of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

H.8 Security Requirement

(a) The Government requires may require a Secret security clearance for the performance of certain duties on some task orders issued under this contract. A general, contract level DD Form 254 is provided at Section J. A TO specific DD Form 254 will be incorporated for individual TOs, as required. The levels of security clearance and number of personnel required for each level is unknown. Following contract award, the government will issue a DD254 and security classification guidance to the awardee and will allow sufficient time for the awardee to obtain the required FCL or GCA/CSA will sponsor an interim DSS-approved FCL in accordance with DSS requirements.

(b) The Contractor shall provide sufficient personnel with the required security clearances to perform the work as specified in individual TOs. The personnel shall be cleared personnel in accordance with the clause in Section I, FAR clause 52.204-2 “Security Requirements”. If satisfactory security arrangements cannot be made with the Contractor, the required services shall be obtained from other sources.

(c) The level of classified access required shall be indicated by the locations specified in the individual TO.

Contractor personnel not requiring a personnel security clearance, but performing Automated Data Processing (ADP) sensitive duties, are subject to investigative and assignment requirements IAW DoD 5200.2R, DoD Personnel Security Program.

(d) The contractor shall bear the cost of any security, investigations, clearances and IA certifications required for performance.

(e) A subcontractor may assist a prime vendor with obtaining appropriate security approvals.

H.9 Travel

(a) Contractor personnel may be required to travel to support the requirements of this contract and as stated in individual TOs. Long distance and local travel will be required in the Continental United States (CONUS) and US Territories Outside the Continental United States (OCONUS). Round-trip coach airfares for out-of-town travel shall be scheduled sufficiently in advance to take advantage of offered discounted rates. Travel expenses will only be reimbursed for actual costs incurred.

(b) If any travel arrangements cause additional costs to the TO that exceed the not-to-exceed (NTE) amounts previously provided by the Govenrment, written approval by TO modification issued by the Contracting Officer is required, prior to undertaking such travel. The Contracting Officer Representative must approve travel prior to commencement. Travel in support of this contract shall be in accordance with the Joint Travel Regulations (JTR) and FAR 31.205-46 (Travel Cost). The contractor may invoice for travel as costs are incurred, but no more often than monthly. Invoices shall include breakdowns that show details of the travel costs incurred. FEE/Profit is not authorized on travel.

H.10 Organizational Conflict of Interest (OCI)

a. Purpose. The primary purpose of this clause is to aid in ensuring that:

(1) The contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition;

(2) The contractor's objectivity and judgment are not biased because of its present or future interests (financial, contractual, organizational, or otherwise) which relate to work performed under this contract; and

(3) The contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others.

b. Definitions.

(1) The term “contractor” herein used means: (a) the organization (hereinafter referred to as "it" or "its") entering into this agreement with the Government; (b) all business organizations with which it may merge, join or affiliate now or in the future and in any manner whatsoever, or which hold or may obtain, by purchase or otherwise, direct or indirect control of it; (c) its parent organization if any and any of its present or future subsidiaries, associates, affiliates, or holding companies, and; (d) any organization or enterprise over which it has direct or indirect control now or in the future.

(2) The term "proprietary information" for purposes of this clause means any information considered so valuable by its owners that it is held secret by them and their licensees. Information furnished voluntarily by the owner without limitations on its use, or which is available without restrictions from other sources, is not considered proprietary.

c. Organizational Conflicts of Interest Examples. The following examples illustrate situations in which organizational conflicts of interest may arise. These examples are not all inclusive.

(1) Biased Ground Rules. This type of conflict may arise in situations where a company sets the ground rules for a future competition. For example, when a contractor develops requirements then competes to provide products or services to satisfy those requirements, thus obtaining a competitive advantage.

(2) Impaired Objectivity. This type of conflict may exist where a contractor’s obligations under a contract require objectivity, but another role of the contractor casts doubt on its ability to be truly objective. An example of this type of conflict is where a contractor’s work under one contract entails evaluating itself, its affiliates, or its competitors under a separate contract.

(3) Unequal Access to Information. This type of conflict may arise when a contractor has access to nonpublic or proprietary information as part of its performance under a contract that gives it an unfair advantage in a competition for a later contract.

d. General Constraints. The provisions of FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest, concerning organizational conflicts of interest govern this contract. Potential conflicts may exist in accordance with FAR 9.505-1, Providing Systems Engineering and Technical Direction, through 9.505-4, Obtaining Access to Proprietary Information. In this regard, the contractor is responsible for identifying any actual or potential organizational conflicts of interest to the Contracting Officer that arise as the result of performance under this contract. To avoid or mitigate a potential conflict related to performance under this contract, the Contracting Officer will impose appropriate constraints such as the constraints discussed below. Since it is impossible to foresee all of the circumstances that might give rise to organizational conflicts of interest, the constraints discussed below are not all inclusive and the Contracting Officer may impose constraints other than, or in addition to, the constraints listed below.

(1) The contractor agrees that if it provides, under a contract or TO or delivery order, systems engineering and technical guidance for systems and programs, but does not have overall contractual responsibility, it will not be allowed to be awarded a contract or task or delivery order to supply the system or any of its major components or be a subcontractor or consultant to a supplier of the system or any of its major components. (FAR 9.505-1).

(2) The contractor agrees that if it prepares complete specifications for non-developmental items or assists in the preparation of work statements for a system or services under a contract or TO or delivery order, it will not be allowed to furnish these items, either as a prime contractor, a subcontractor or as a consultant. (FAR 9.505-2).

(3) The contractor agrees that it will neither evaluate nor advise the Government with regard to its own products or activities. The contractor will objectively evaluate or advise the Government concerning products or activities of any prospective competitors. (FAR 9.505-3).

(4) The contractor agrees that if it gains access to proprietary information of other companies, it will exercise diligent effort to protect such proprietary information from unauthorized use or disclosure. (FAR 9.505-4).

In addition, the contractor agrees to protect the proprietary information of other organizations disclosed to the contractor during performance of this contract with the same caution that a reasonably prudent contractor would use to safeguard highly valuable property. The contractor also agrees that if it gains access to the proprietary information of other companies it will enter into written agreements with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and to refrain from using the information for any purpose other than that for which it was furnished. The contractor shall provide copies of such agreements to the Contracting Officer.

(5) If the contractor, in the performance of this contract, obtains access to plans, policies, reports, studies, financial plans, data or other information of any nature which has not been released or otherwise made available to the public, the contractor agrees that without prior written approval of the Contracting Officer, it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public, or (b) release such information unless release is otherwise authorized under the contract or such information has previously been released or otherwise made available to the public by the Government.

e. Non-Disclosure Agreements. The contractor shall obtain from each employee who has access to proprietary information under this contract, a written agreement which shall in substance provide that such employee shall not, during his/her employment by the contractor or thereafter, disclose to others or use for their benefit, proprietary information received in connection with the work under this contract. The contractor will educate its employees regarding the restrictions imposed by FAR 9.505-4 so that they will not use or disclose proprietary information or data generated or acquired in the performance of this contract except as provided herein.

f. Training. The contractor shall effectively educate its employees, through formal training, company policy, information directives and procedures, in an awareness of the legal provisions of FAR Subpart 9.5 and its underlying policy and principles so that each employee will know and understand the provisions of that Subpart and the absolute necessity of safeguarding information from anyone other than the contractor's employees who have a need to know, and the U.S. Government.

g. Subcontracts. The contractor agrees that it will include the provisions in paragraphs d., e., and f. above and this paragraph in consulting agreements, teaming agreements, and subcontracts of all tiers which involve access to information or the performance of services described in paragraph d. above. The use of this clause in such agreements shall be read by substituting the word "consultant" or "subcontractor" for the word "contractor" whenever the latter appears.

h. Additional Constraints. If this contract provides for the issuance of task or delivery orders, such orders may impose additional requirements and restrictions relating to this clause to include the requirement for the contractor and its subcontractors and employees to furnish the Government with written non-disclosure agreements or statements of no conflict of interest (COI). With regard to any proposal submitted by the contractor in response to a Request for Task or Delivery Order Proposal, by submitting its proposal the contractor represents that it has disclosed to the Contracting Officer, prior to the issuance of the task or delivery order, all facts relevant to the existence or potential existence of Organizational Conflict of Interest (OCI) as that term is used in FAR Subpart 9.5.

i. Conflicts Involving Future Procurements. The award of this contract, task or delivery orders issued under this contract, Government taskings, or acquiescence in the contractor’s performance of services hereunder shall not constitute or be interpreted as a determination that the contractor is eligible to participate in future procurements, developmental efforts, implementation efforts, or related activities. Only the Contracting Officers for such efforts, applying the rules, principles, and procedures of FAR Subpart 9.5 have the authority to determine whether a conflict exists in connection with such procurements.

j. Representations and Disclosures.

(1) The contractor represents that it has disclosed to the Contracting Officer in its OCI Questionnaire/Survey at Attachment 0008, prior to award of this contract, all facts relevant to the existence or potential existence of organizational conflict of interest as that term is used in FAR Subpart 9.5. The contractor must provide this survey NLT the deadline for IDIQ proposal submission.

(2) The contractor represents that if it discovers an organizational conflict of interest or potential conflict of interest after award of this contract, a prompt and full disclosure shall be made in writing to the Contracting Officer. This disclosure shall include a description of the action the contractor has taken or proposes to take in order to avoid or mitigate such conflict.

k. Remedies and Waiver.

(1) For breach of any of the above restrictions or for non-disclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract for default, disqualify the contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with this clause, the contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof) subsequent to contract award, the Contracting Officer may terminate this Contract or any task or delivery order issued under this Contract for convenience if such termination is deemed to be in the best interest of the Government.

(2) The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future.

Accordingly, the contractor may at any time seek a waiver from the cognizant Contracting Officer by submitting a full written description of the requested waiver and the reasons in support thereof. (FAR 9.503 Waiver).

H.11 Government Property

(a) Government-Furnished Equipment. Government-furnished equipment, data, or services shall be identified in individual TOs.

(b) Contractor Acquired Property. In the event the contractor is required to purchase property in the performance of this contract, compliance with the procedures of FAR Part 45, Government Property, is required.

(c) Disposition of Government Property. Thirty (30) calendar days prior to the end of the TO period of performance, or upon termination of the TO, the contractor shall furnish to the COR a complete inventory of all Government Property in his possession under the TO that has not been tested to destruction, completely expended in performance, or incorporated and made a part of a deliverable end item. The TO COR will furnish disposition instructions on all listed property which was furnished or purchased under the TO.

H.12 Small Business Recertification

No IDIQ contractor or its successor in interest shall be eligible to receive additional TO awards, except as necessary to meet the minimum guarantee, following notification to the contracting office, pursuant to FAR clause 52.219-28 “Post-Award Small Business Program Rerepresentation” that the contractor is no longer a small business under NAICS Code 611512. In all other circumstances, an awardee that qualifies as a small business at the time it receives an IDIQ contract will be considered a small business throughout the life of the IDIQ contract and for an additional twelve (12) months after expiration of the ordering period. .

H.13 Contractor Personnel

a. Key Personnel proposed by the Contractor and accepted by the Government for TO performance under this contract shall possess the experience, education, and qualifications reflected in the Key Personnel resumes and shall be available for work as agreed. Those “key personnel” must be available to work on the TO for a minimum of 180 days or to TO completion, whichever occurs first. Replacement of key personnel shall be approved by the Government.

b. The Contractor must have the personnel, organization, and administrative control necessary to ensure that the services performed meet all requirements specified in the TO. The work history of each Contractor employee shall contain experience directly related to the tasks and functions to be assigned. The Contracting Officer reserves the right to determine if a given work history contains necessary and sufficiently detailed, related experience to reasonably ensure the ability for effective and efficient performance.

e. The KO shall have the discretion to require the contractor to remove any contractor personnel from the contract for any reason.

H.14 Task Order Funding Obligation

(a) The Government is obligated only to the extent provided in each TO and the subsequent exercise of options contained in each TO. Further, the obligation of the Government is limited, in the event of the incremental funding of Fixed Price, or Cost Reimbursable CLINs/SLINs, to the funding allotted to the CLINs/SLINs as specified in a TO or an amendment to the TO.

(b) Fixed Price CLIN/SLIN. In the event of incremental funding of one or more Fixed Price CLINs/SLINs, the TO or an amendment to the TO will indicate the amount of funding allotted and available for payment pursuant to DFARS clause 252.232-7007 “Limitation of Government’s Obligation (APR 2014)”.

(d) Cost Reimbursable CLIN/SLIN. In the event of incremental funding of one or more cost reimbursable CLINs/SLINs, the TO will indicate the amount of funding allotted and available for payment pursuant to FAR clause 52.232-22 “Limitation of Funds (Apr 1984)”.

H.15 Contractor Manpower Reporting (CMR)

The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address: https://contractormanpower.army.pentagon.mil. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer's Technical Representative; (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data; (5) Estimated direct labor hours (including sub-contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-contractors); (7) Total payments (including sub-contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each sub-contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information); (11) Locations where contractor and sub-contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) presence of deployment or contingency contract language; and (13) Number of contractor and sub-contractor employees deployed in theater this reporting period (by country). As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending September 30 of each Government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a contractor's systems to the secure web site without the need for separate data entries for each required data element at the web site. The specific formats for the XML direct transfer may be downloaded from the web site.

H.16 Prohibition on Exclusivity Agreements for Personnel

Due to the limited availability of qualified personnel in some remote regions where task order performance may be required under this contract, the contractor shall not maintain nor enter into exclusivity agreements of any type with current or potential employees performing under this contract. The vendor must also comply with the continuity of services clause, 52.237-3.

H.17 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

In accordance with FAR 42.15, the Contractor shall be subject to performance review in the Contractor Performance Assessment Reporting System (CPARS), found at https://www.cpars.gov/. Contractors shall provide responses to reviews as required in CPARS. Contractor shall designate a Point of Contact for CPARS reviews and responses, and provide the name, phone number and email address of the designated contractor POC to the Contracting Officer within 30 days of the contract effective date.

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been modified:

INSTRUCTIONS TO OFFERORS

L.1. GENERAL INFORMATION

L.1.1 These instructions are a guide for preparing a proposal. These instructions describe the type and extent of information required, and emphasize the significant areas to be addressed in the proposal. Review the Performance Work Statement (PWS) contained in this Request for Proposal (RFP) for further insight into the areas that must be addressed within the proposal.

Include detailed information sufficient to enable the Government evaluators to conduct a meaningful review and make a determination relative to the Offeror's understanding of the requirements in each of the evaluated areas. It is the Government's intent to award one Firm- Fixed-Price (FFP ) Indefinite-Delivery, Indefinite-Quantity (IDIQ) Task Order contract with some non-fee bearing cost elements (e.g. Travel), which are ancillary to the services provided.

L.1.1.1. In accordance with FAR Subpart 19.1405, this solicitation is set-aside 100% for Service-Disabled Veteran-Owned Small Business concerns. All offerors must meet the requirements outline in FAR 19.1403 in order to be eligible to submit an offer under this solicitation.

L.1.1.2. The primary NAICS codes for this solicitation is 611512 – Flight Training. The size standard for this NAICS code is $27.5M.

L.1.2. The offeror’s proposal shall be clear, concise, and shall include sufficient detail for evaluation and substantiation of the validity of stated claims. The Government may consider the offeror’s assertions or merely restating or paraphrasing the Governments requirements without further explanation, clarification, or context to be weaknesses or deficiencies. Therefore, the offeror should not simply rephrase or restate the Government's requirements, but shall provide a rationale or explanation to convince the Government that the offeror’s approach will meet the

Government requirements. Likewise, the Government will not consider assertions or representations without substantiation and context to be convincing or explanatory. The Government does not assume the duty to search for data to cure problems we find in proposals. The burden of providing thorough and complete information remains solely with the offeror. The Government may assign a "higher risk" rating to your proposal, or reject your proposal if we do not receive the information requested.

L.1.3 In accordance with Federal Acquisition Regulation (FAR) Clause 52.215-1, Instructions to Offerors - Competitive Acquisition (Jan 2004), the Government intends to evaluate proposals and award a contract without discussions with offerors, but reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. In accordance with FAR 15.306(c)(2), if the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may make a competitive range determination for purposes of efficiency, consisting of only those proposals that have a reasonable chance of award without a major rewrite. Any Offeror eliminated from further consideration will be notified in writing.

Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint. Offerors are cautioned to examine this RFP in its entirety, inclusive of clauses and provisions incorporated by reference, and to ensure that proposals contain all necessary information, provide all required documentation, and are complete in all respects. The Government is not obligated to make another request for the required information nor does the Government assume the duty to search for data to cure problems it finds in proposals. During the evaluation process, the Government may request clarifications as needed. Clarifications do not constitute discussions and an Offeror is not permitted to change its proposal in response to a request for clarification.

L.1.4. Offerors shall assume that the Government has no prior knowledge of the company's capability and experience. The basis of the Government’s evaluation is the information offerors present in their proposals.

L.1.5. A proposal is presumed to represent the Offeror's best efforts in response to this RFP. Any inconsistency, whether real or apparent, between promised performance and the costs shall be explained in the proposal. For example, if a business policy decision was made to absorb a portion of the estimated costs, that approach shall be stated within the proposal (including any associated calculations). The burden of proof as to the cost credibility rests with the Offeror.

L.1.6. The proposal shall be valid for 180 calendar days from the required submission date.

Offerors are responsible for ensuring their pricing can be maintained for this period of time.

L.1.7 Offers, modifications, revisions, or withdrawals of Offers received after the date established in this RFP for receipt of proposals will be handled in accordance with FAR Clause 52.215-1. Offerors are advised that they must notify the contracting officer immediately if there is any change to their proposal after submission (e.g. a proposed employee departs the company or is no longer available).

L2. NOTICE OF DRAFT SOLICITATION

L.2.1. The Government issued a draft Solicitation for this requirement. Nothing in this draft Solicitation reflected a final decision by the Government, including small business set-aside determinations, competitive procedures, the scope of the requirement, or any other planning considerations. The Government encouraged potential offerors to convey their questions, or concerns during this period to the maximum extent possible.

L3. FORMAL COMMUNICATION, OFFEROR EXPLANATIONS

L.3.1. The Contracting Officer and the Contract Specialist are the sole points of contact for this acquisition. Any explanation desired by an offeror regarding the meaning or interpretation of the solicitation, for proposals, Performance Work Statement (PWS), etc., must be requested in writing and with sufficient time allowed for a reply to reach offerors before the submission of their offer. The Contracting Office requested initial questions NLT 4:00PM EST, Monday, 10 April 2017. Answers were provided on 16 MAY 2017 for all questions submitted before 10 April. Additional questions submitted between 17 May 2017 and 22 May 2017 are addressed in Amendment 5. Questions submitted between 10 April and 16 May will not be addressed unless they were resubmitted. Questions submitted after issuance of Amendment 5 (23 May) will not be addressed until after the proposal due date. The proposal due date remains as described in section L.4.7 below.

L.3.1.1. The Contracting Officer reserves the right to address questions received after the cutoff date with those offers deemed responsive and/or in the competitive range (if established) after closing. OFFERORS ARE STRONGLY ENCOURAGED TO SUBMIT QUESTIONS EARLY IN THIS PROCESS. Any interpretations made will be in the form of an amendment of the solicitation and will be furnished to all prospective offerors via posting to www.fbo.gov.

Explanations or instructions given in a form other than an amendment to the solicitation shall not be binding. Questions (on a non-attribution basis) and answers shall be furnished to all prospective offerors via the web site.

L.3.2. Submit proposal questions by email to the contracting office at the addresses shown below:

National Guard Bureau-Operational Contracting (NGB-AQ) Subject Line: Questions W9133L-17-R-0008 Email: brian.j.burton.mil@mail.mil; jeremy.m.goldsmith.mil@mail.mil, and patrick.r.staresina.mil@mail.mil

L.3.3. AMENDMENTS PRIOR TO DATE SET FOR RECEIPT OF PROPOSALS: The right is reserved, as the interest of the Government may require, to revise or amend the solicitation prior to and/or after the date set for receipt of proposals as necessary. Such amendments, if any, will be announced by an amendment or amendments to this Request for Proposal. All information relating to this RFP, including pertinent changes/amendments and information prior to the date set for receipt of proposals, will be posted on www.fbo.gov. Though every effort will be made to provide email notification when a change is posted, such notification is NOT guaranteed and should not be expected. Offerors are strongly cautioned to check this site frequently and to “refresh” their web page to ensure they have the latest information.

L.4. SUBMISSION OF OFFERS

L.4.1. The proposal shall be prepared in a clear and legible manner. In addition, the Offeror shall write the proposal in English and the proposal must be specific and complete as described in these instructions. Offerors shall not specifically prepare samples or descriptive literature for submission with the proposal. Adherence to the prescribed format is required. An official authorized to bind the firm shall sign the Standard Form (SF) 33, and all certifications requiring original signature. Electronic signatures are acceptable.

L.4.2. All information pertaining to a particular volume shall be confined to that volume. For example, no Price information shall be included in any volume other than the Price Proposal volume. The Government is not required to and will not search other volumes for a missing file.

L.4.3. Offerors shall not include CLASSIFIED material in the proposal. Proprietary data contained in the offer must be clearly marked as such by the offeror, and shall be handled in accordance with DFARS 252.227-7013.

L.4.4 Offeror must be registered in the System for Award Management (SAM) and have a Marketing Partner Identification Number (MPIN) (as applicable) and a Commercial and Government Entity (CAGE) Code.

L.4.5. Each offeror must comply with the detailed instructions for the format and content of the offer in order to be considered for award. When evaluating an offer, the Government will consider how well the offeror complied with both the letter and spirit of these instructions. The government will consider any failure on the part of an offeror to comply with both the letter and spirit of these instructions to be an indication of the type of conduct it can expect during contract performance. Therefore, offerors are encouraged to contact the Contract Specialist by e-mail in order to request an explanation of any aspect of these instructions.

L.4.6. There are only two acceptable methods to deliver the proposal. Offerors shall mail or hand-deliver their proposals. Offerors shall submit proposals (3 hard copies) in a sealed package and shall clearly mark the outer portion of the sealed package with the address specified below:

National Guard Bureau-AQ ATTN: CPT Brian Burton Bldg 2, Arlington Hall Station 111 S. George Mason Drive Arlington, VA 22204

One copy of the proposal must also be provided electronically, via the U. S. Army Aviation and Missile Research Development and Engineering Center (AMRDEC) Safe Access File Exchange (SAFE) (https://safe.amrdec.army.mil/SAFE/Welcome.aspx). When submitting proposals to AMRDEC, the offeror will need to specifically authorize access to the proposals to the following persons: MAJ Jeremy Goldsmith at jeremy.m.goldsmith.mil@mail.mil, CPT Brian Burton at brian.j.burton.mil@mail.mil, and COL Patrick Staresina Patrick.r.staresina.mil@mail.mil.

L. 4.7. Offers must be received at the below address no later than 2 P.M. EST on Tuesday, May 30, 2017.

L.5. OFFER FORMAT

L.5.1. The offeror shall submit one softcopy and 3 hardcopies of proposal Volumes I, II, III, and IV. Volume IV shall contain the auxiliary supporting price data Microsoft Excel spreadsheets.

The Government considers all proposals as “For Official Use Only" and to contain "Source Selection Information in accordance with FAR 2.101 and FAR 3.104.

L.5.2. The offer shall meet the following format requirements:

L.5.2.1. Fold-out pages shall be counted as two pages for page limitation purposes. Offerors shall number pages sequentially by volume or plan. Offerors shall number pages printed on both sides, if both sides contain information.

L.5.2.2. The offeror’s hardcopy version of the proposals shall be 8.5 x 11 inches, not including foldouts. Text shall be single-spaced. Except for the reproduced sections of the solicitation document, the font shall be Times New Roman, the font size shall be no less than 11 point; print pages shall have at least 1-inch margins on the top and bottom and 3/4 inch side margins. For tables, charts, graphs and figures, any readable font is acceptable, but the font size shall be no smaller than 8 point.

L.5.2.3. The offeror may use legible tables, charts, graphs, and figures wherever practical to depict systems, implementation schedules, and plans. These displays shall be legible and easy to follow and shall not exceed 11 x 17 inches. Foldout pages shall fold entirely within the volume and each foldout shall count as two pages. The offeror may only use foldout pages for large tables, charts, graphs, diagrams, and schematics, not for pages of text.

L.5.2.4. The offeror shall deliver proposal softcopies on (AMRDEC) Safe Access File Exchange (SAFE) as discussed in section L.4.6 above. Softcopies shall comprise all data submitted in the hard copy (e.g. all proposal volumes and the auxiliary supporting cost and price data Microsoft Excel spreadsheets). Softcopies shall be in Microsoft Office or Adobe Acrobat compatible formats only. Offeror shall ensure that data is virus-free.

L5.2.4.1. Digital Microsoft (MS) Word files and MS Excel files shall be compatible with MS Office 2013.

L.5.2.4.1.(a) Please Note: Do not lock or password protect any file (e.g. *.doc, *.pps, *.xls, *.txt,*.msg).

L.5.2.5. In the event hardcopy and softcopy content conflict, the hardcopy version will take precedence over softcopy version.

L.5.2.6. Each hardcopy proposal volume shall be in its own three-ring loose-leaf binder, which shall permit the pages to lie flat when open.

L.5.3. Offerors should use cross-references within their offer and provide a clear, consistent reference system by section, paragraph, page, etc. The cross-reference index is excluded from the page limitation of the offer.

L.5.4. The offer shall be limited to the following submissions and pages:

L.5.4.1. Volume I, Business Volume - RFP Documents: No page limit

L.5.4.2. Volume II, Technical Approach: 40 pages (includes all subfactors unless page limit designated as unlimited)

L.5.4.3. Volume III, Past Performance: 20 pages

L5.4.4. Volume IV, Price Proposal: No Page limit

L.5.5. The page limits do not apply to the QC plan, Questionnaires, cover letter, solicitation, Amendments, table of contents, cross reference index, resumes, definitions, required representations and certifications. The Government shall treat page limitations as maximums. If exceeded, the Contracting Officer will remove the excess pages prior to the evaluation. The Government will not read or evaluate removed pages.

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