A21_W52P1J18T002_Amendment_0002.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

Amendment 0002 is to change CLIN 0001AA and CLIN 0001AB delivery information as w ell as include the material description and production acceptance of the mitts and to add FAR clause 52.246-17.

1. CONTRACT ID CODE PAGE OF PAGES

1 12

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

16C. DATE SIGNED

BY 21-Aug-2018

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 W52P1J18T0002

X 9B. DATED (SEE ITEM 11)

27-Jul-2018

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

21-Aug-2018

CODE

ARMY CONTRACTING COMMAND ROCK ISLAND

3055 RODMAN AVENUE

ROCK ISLAND IL 61299-8000

W52P1J 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W52P1J18T0002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0002 NARRATIVE

Addendum to FAR 52.212-1 Instructions to Offerors- Commercial Items (JAN 2017)

1. Amendment 0002 is hereby incorporated into Solicitation W52PIJ-18-T-0002. Please review the following information for complete details of the requirements.

2. Update CLIN 0001 Delivery Information to the following:

CLIN 0001AA 12 wks. ADC 10 PINE BLUFF ARSENAL Preproduction Samples CENTRAL SHIPPING AND RECEIVING POINT (CSRP)

BLDG 53-990, 506TH STREET

PINE BLUFF AR 71602-9500

FOB: Destination

CLIN 0001AB 6 wks AFATA 55,990 (SAME AS PREVIOUS LOCATION) Production FOB: Destination

3. Include the following material description of the Mitts:

3.1 The mitt shall be made of a polyester blend or polyester wool blend material that retains the sorbent to decontaminate the required surfaces. It shall have a pile on both sides with a pile height of not less than 3/4 inch and not greater than 1---1/8 inches. It shall have a cuff and an interior means, such as an elastic band, to prevent the mitt from involuntarily rotating about the operator's hand. The interior area of the mitt shall be not less than 50 square inches per side. It shall be capable of being worn on either hand while wearing the Mission Oriented Protective Posture 4 (MOPP4) gloves.

3.2 Acceptable Mitts. The following commercially available mitts have been found to be acceptable for use in the SDS: Standard “Workin’ Wooly” Wash Mitt (Part Number 90592), Modified “Workin’ Wooly” Wash Mitt (Part Number 54194), Roller Fabrics Generic Wash Mitt 47 (Part Number 56613), Maselli Heavy Duty Wash Mitt (Part Number 23695), and Viking Heavy Duty Wash Mitt (Part Number 991800) available from Schroeder and Tremayne.

4. Preproduction Acceptance.

Within 5 calendar days after the Government receives the preproduction sample report, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the preproduction samples.

The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

5. Include FAR clause 52.246-17 Warranty of Supplies – Noncomplex Nature as follows:

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

“Acceptance” means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

“Supplies” means the end items furnished by the Contractor and related services required under the contract. The word does not include “data.”

(b) Contractor’s obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for 3 years.

(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.

(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor’s liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor’s plant, and return.

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(4) All implied warranties of merchantability and “fitness for a particular purpose” are excluded from any obligation contained in this contract.

(c) Remedies available to the Government.

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)

(1) of this clause within 45 days after discovery of the defect.

(2) Within a reasonable time after the notice, the Contracting Officer may either --

(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or

(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.

(3) (i) If the contract provides for inspection of supplies by sampling procedures, conformance of supplies or components subject to warranty action shall be determined by the applicable sampling procedures in the contract.

The Contracting Officer --

(A) May, for sampling purposes, group any supplies delivered under this contract;

(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed;

(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and

(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.

(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options:

(A) Require an equitable adjustment in the contract price for any group of supplies.

(B) Screen the supplies grouped for warranty action under this clause at the Contractor’s expense and return all nonconforming supplies to the Contractor for correction or replacement.

(C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies.

(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b.

point or the point of acceptance) for screening and correction or replacement.

(4) (i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor --

(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or

(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.

(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor’s account in a reasonable manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

6. This solicitation closing date will NOT be extended at this time and will remain at 24 August 2018, 03:00pm

CST.

7. All other terms and conditions of solicitation W52P1J-18-T-0002 remain unchanged.

End of Amendment 0002 Narrative

End of Addendum to FAR 52.212-1 Instructions to Offerors- Commercial Items (JAN 2017)

SECTION SF 1449 - CONTINUATION SHEET

DELIVERIES AND PERFORMANCE

The following Delivery Schedule item for SUBCLIN 0001AA has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

16 wks. ADC 10 PINE BLUFF ARSENAL

CENTRAL SHIPPING AND RECEIVING

POINT

(CSRP)

BLDG 53-990, 506TH STREET

PINE BLUFF AR 71602-9500

FOB: Destination

W41G26

To:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

12 wks. ADC 10 PINE BLUFF ARSENAL

CENTRAL SHIPPING AND RECEIVING

POINT

(CSRP)

BLDG 53-990, 506TH STREET

PINE BLUFF AR 71602-9500

The following Delivery Schedule item for SUBCLIN 0001AB has been changed from:

CAGE

2 wks. AFATA 55,990 PINE BLUFF ARSENAL

CENTRAL SHIPPING AND RECEIVING

POINT

(CSRP)

BLDG 53-990, 506TH STREET

PINE BLUFF AR 71602-9500

To:

CAGE

6 wks. AFATA 55,990 PINE BLUFF ARSENAL

CENTRAL SHIPPING AND RECEIVING

POINT

(CSRP)

BLDG 53-990, 506TH STREET

PINE BLUFF AR 71602-9500

The following have been modified:

CLAUSES BY ADDENDUM

Addendum to FAR 52.212-4 Contract Terms and Conditions-Commercial Items (JAN 2017)

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal OCT 2010

Transactions 52.203-17 Contractor Employee Whistleblower Rights and Requirement APR 2014

To Inform Employees of Whistleblower Rights 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber MAY 2011

Content Paper 52.204-13 System for Award Management Maintenance OCT 2016 52.211-15 Defense Priority And Allocation Requirements APR 2008 52.211-17 Delivery of Excess Quantities SEP 1989 52.219-14 Limitations On Subcontracting JAN 2017 52.229-3 Federal, State, and Local Taxes FEB 2013 52.232-17 Interest MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.242-13 Bankruptcy JUL 1995 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibility For Supplies APR 1984 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011

Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By OCT 2015

The Government of a Country that is a State Sponsor of Terrorism

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7048 Export-Controlled Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to contract expiration. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

52.246-17 WARRANTY OF SUPPLIES – NONCOMPLEX NATURE (JUNE 2003)

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

“Acceptance” means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

“Supplies” means the end items furnished by the Contractor and related services required under the contract. The word does not include “data.”

(b) Contractor’s obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for 3 years.

(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.

(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor’s liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor’s plant, and return.

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(4) All implied warranties of merchantability and “fitness for a particular purpose” are excluded from any obligation contained in this contract.

(c) Remedies available to the Government.

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)

(1) of this clause within 45 days after discovery of the defect.

(2) Within a reasonable time after the notice, the Contracting Officer may either --

(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or

(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.

(3) (i) If the contract provides for inspection of supplies by sampling procedures, conformance of supplies or components subject to warranty action shall be determined by the applicable sampling procedures in the contract.

The Contracting Officer --

(A) May, for sampling purposes, group any supplies delivered under this contract;

(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed;

(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and

(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.

(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options:

(A) Require an equitable adjustment in the contract price for any group of supplies.

(B) Screen the supplies grouped for warranty action under this clause at the Contractor’s expense and return all nonconforming supplies to the Contractor for correction or replacement.

(C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies.

(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b.

point or the point of acceptance) for screening and correction or replacement.

(4) (i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor --

(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or

(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.

(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor’s account in a reasonable manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

(End of Clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil

(End of Clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulations Supplement, Department of Defense (48 CFR 2) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Clause)

End of Addendum to FAR 52.212-4 Contract Terms and Conditions-Commercial Items (JAN 2017)

INSTRUCTIONS TO OFFERORS

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS- COMMERCIAL ITEMS (JAN 2017)

Offerors SHALL submit their quotes to the Contract Specialist as outlined below.

1. Offerors shall submit quotes via FedBizOpps (https://www.fbo.gov/) by 03:00pm Central Standard Time (CST) Friday 24 August 2018.

2. Offerors submitting quotes shall be registered in the System for Award Management (SAM) database to be considered eligible for award. The SAM website is https://www.sam.gov/.

3. Quotes SHALL remain valid for 30 days after the date of solicitation closing.

4. The following shall be submitted in response to this solicitation:

a. Company name, CAGE code, and DUNS number

b. Point of Contact (POC) (Name/Title/Phone Number/ Mailing & E-mailing Address)

c. Offerors shall fill out the unit prices for all quantities (including options) at the Contract Line Item Number (CLIN) level for each item.

d. Proposed unit prices shall be limited to two decimal places and shall be proposed in current U.S. Dollars.

Offeror shall include any discounted pricing and shipping/freight and shall submit the best price in response to the solicitation. All proposed unit prices will be binding.

e. Vendor SHALL NOT propose higher quantities than identified at each CLIN level.

f. Failure to provide the product specifications may render the offerors quote non-responsive with the solicitation requirements.

5. Please see FAR Provision 52.217-5 (Evaluation of Options) and FAR Clause 52.217-7 (Option for Increased Quantity- Separately Priced Line Item) for evaluation and proposed pricing. Note the option quantities may be exercised up to the total quantity; therefore the entire quantities (50,000 and 24,000 each) may not be exercised at one time.

6. Option quantities shall be delivered at the same rate as the production quantity (6 weeks ADC).

END OF ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS- COMMERCIAL ITEMS

(JAN 2017)

PPS INSTRUCTIONS

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS- COMMERCIAL ITEMS (JAN

2017)

INSTRUCTIONS REGARDING SUBMISSION OF PRE-PRODUCTION SAMPLES

a. Preproduction Sample. The Preproduction Sample consisting of the items listed below, shall be (i) representative of items to be manufactured using the process and procedures as contract production and (ii) inspected and tested to all contract drawing and specification requirements.

PREPRODUCTION SAMPLE ITEMS:

QUANTITY: ITEM NOMENCLATURE: DRAWING/SPECIFICATIONS:

10 SDSMITTS 63-110-ME-3001

b. The approved Preproduction Sample will not serve as a manufacturing standard.

c. The Contractor shall notify the RDECOM Acquisition Center, Pine Bluff Contracting Division, Pine Bluff Arsenal, Pine Bluff, AR 71602-9500, Telephone No., within 15 calendar days prior to production of the Preproduction Sample so that the Government may witness the testing if desired.

d. The contractor shall submit the Preproduction Samples within 18 calendar weeks from the date of this contract to the address given in the delivery/shipping instructions of this order/contract marked “PREPRODUCTION SAMPLES: Contract No. Lot/Item No.”

Within 5 calendar days after the Government receives the Preproduction Samples, the Contracting Officer shall notify the Contractor, in writing of the conditional approval or disapproval of the Preproduction Sample. The notice of conditional approval or disapproval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

e. If the Preproduction Sample is disapproved, the Contractor, upon Government request, shall make any necessary changes, modifications, or repairs to the Preproduction Sample or submit another Preproduction Sample for Government inspection. All costs related to these submissions are to be borne by the Contractor, including any and all costs for additional samples following a disapproval. The Government shall take action on the resubmitted Preproduction Sample within the time specified in paragraph (c) above. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule, or for any additional costs to the Government related to these resubmissions.

f. If the contractor fails to deliver any Preproduction Samples on time, or the Contracting Officer disapproves any Preproduction Sample, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

g. Unless otherwise provided in the contract, and if the approved Preproduction Sample is not consumed or destroyed by testing, the contractor may deliver the approved Preproduction Sample as part of the contract quantity if it meets all contract requirements for acceptance.

h. If the Government does not act within the time specified in paragraph (c) or (d) above, the Contracting Officer shall, upon timely written request form the Contractor, equitably adjust under the changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

i. Before the Preproduction Sample approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before Preproduction Sample approval, the costs thereof shall not be allocable to this contract for (I) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

j. The Government may waive the requirement for Preproduction Sample where supplies identical or similar to those called for in the schedule have been previously furnished by the offeror/contractor and have been accepted by the Government. The offeror/contractor may request a waiver.

k. The Contractor shall produce both the Preproduction Sample and the production quantity at the same facility and shall submit a certification to this effect with each Preproduction Sample.

END OF ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS- COMMERCIAL

ITEMS (JAN 2017)

REWORK/REPAIR INSTRUCTIONS

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS- COMMERCIAL ITEMS (JAN

2017)

REWORK AND REPAIR OF NONCONFORMING MATERIAL

a. Rework and Repair are defined as follows:

1. Rework- The processing of nonconforming material to make it conform completely to the drawings, specifications or contract requirements.

2. Repair- The reprocessing of nonconforming material in accordance with approved written procedures and operations to reduce, but not completely eliminate, the nonconformance. The purpose of repair is to bring nonconforming material into a usable condition. Repair is distinguished from rework in that the item after repair still does not completely conform to all of the applicable drawings, specifications or contract requirements.

b. Rework procedures along with the associated inspection procedures shall be documented by the Contractor and submitted to the Government Quality Assurance Representative (QAR) for review prior to implementation. Rework procedures are subject to the QAR’s approval.

c. Repair procedures shall be documented by the Contractor and submitted on a Request for Deviation/Waiver, DD Form 1694, to the Contracting Officer for review and written approval prior to implementation.

d. Whenever the Contractor submits a repair or rework procedure(s) for Government review, the submission shall also include a description of the cause for the nonconformance and a description of the action taken or to be taken to prevent recurrences.

e. The rework or repair procedure shall also contain a provision for re-inspection which will take precedence over the Technical Data Package requirements and shall, in addition, provide the Government assurance that the rework or repaired items have met reprocessing requirements.

END OF ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS- COMMERCIAL

ITEMS (JAN 2017)

(End of Summary of Changes)