Solicitation--SPRRA2-22-R-0042.pdf

SOLICITATION, OFFER AND AWARD 1. This Contract Is A Rated Order Under

DPAS (15 CFR 700)

Rating Page of Pages

2. Contract Number 3. Solicitation Number 4. Type of Solicitation 5. Date Issued 6. Requisition/Purchase Number Sealed Bid (IFB)

Negotiated (RFP)

7. Issued By Code 8. Address Offer To (If Other Than Item 7)

NOTE: In sealed bid solicitations ‘offer’ and ‘offeror’ mean ‘bid’ and ‘bidder’.

SOLICITATION

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in until (hour) local time (Date).

Caution - Late Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. For Information A. Name B. Telephone (No Collect Calls) C. E-mail Address

Call: Area Code Number Ext.

11. Table Of Contents

(X) Sec. Description Page(s) (X) Sec. Description Page(s)

Part I - The Schedule Part II - Contract Clauses A Solicitation/Contract Form I Contract Clauses

B Supplies or Services and Prices/Costs Part III - List Of Documents, Exhibits, And Other Attach.

C Description/Specs./Work Statement J List of Attachments D Packaging and Marking Part IV - Representations And Instructions E Inspection and Acceptance K Representations, Certifications, and F Deliveries or Performance Other Statements of Offerors G Contract Administration Data L Instrs., Conds., and Notices to Offerors H Special Contract Requirements M Evaluation Factors for Award

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. Discount For Prompt Payment 10 Calendar Days (%) 20 Calendar Days (%) 30 Calendar Days (%) Calendar Days (%) (See Section I, Clause No. 52.232-8)

14. Acknowledgment of Amendments (The offeror acknowledges Amendment No. Date Amendment No. Date receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

15A. Name and Code Facility 16. Name and Title of Person Authorized to Sign Offer Address of (Type or Print) Offeror

15B. Telephone Number 15C. Check if Remittance Address is 17. Signature 18. Offer Date Area Code Number Ext. Different From Above – Enter such

Address In Schedule

AWARD (To be completed by Government)

19. Accepted As To Items Numbered 20. Amount 21. Accounting And Appropriation

22. Authority For Using Other Than Full And Open Competition: 23. Submit Invoices To Address Shown In Item

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

24. Administered By (If other than Item 7) Code 25. Payment Will Be Made By Code

26. Name of Contracting Officer (Type or Print) 27. United States Of America 28. Award Date

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION Standard Form 33 (Rev. 9-97) Previous edition is unusable Prescribed By GSA-FAR (48 CFR) 53.214(c)

SPRRA2-22-R-0042

X

2022JUN30

2022JUL3006:00pm

DOA2

2022JUN30 SEE SCHEDULE

SPRRA2

DEFENSE LOGISTICS AGENCY

5201 MARTIN ROAD/DLA-AVN-AH

REDSTONE ARSENAL AL 35898-7340

CHARLES D. IVY

(256)924-7929

DLA-AVN-AHCB

CHARLES.IVY@DLA.MIL

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CONTINUATION SHEET

Reference No. of Document Being Continued Page of

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION A - SUPPLEMENTAL INFORMATION

Buyer Name: CHARLES D. IVY

Buyer Office Symbol/Telephone Number: DLA-AVN-AHCB/(256)924-7929

Type of Contract 1: Cost Plus Fixed Fee

Kind of Contract: Supply Contracts and Priced Orders

*** End of Narrative A0000 ***

A-1. THIS REQUIREMENT IS A SOLE SOURCE PROCUREMENT FOR SAFT AMERICA (CAGE 0SUJ7). IAW 10 U.S.C. 2304(C)(1) FAR 6.302-1, ONLY ONE

RESPONSIBLE SOURCE AND NO OTHER SUPPLIES OR SERVICES WILL SATISFY AGENY REQUIREMENTS.

A-2. THIS REQUIREMENT IS IN SUPPORT OF THE ITAS TOW WEAPON SYSTEM.

A-3. THIS IS A ONE TIME BUY (OTB) PROCUREMENT. THIS WILL BE A COST PLUS FIXED-FEE TYPE CONTRACT. THE FIXED FEE WILL BE 8% OF THE COST OF

THE TOTAL CONTRACT.

A-4. GOVERNMENT FIRST ARTICLE TESTING (FAT) IS REQUIRED. ___________

A-5. FAT UNIT SHALL BE RETAINED AS A MATERIAL STANDARD.

**THE TEST ITEM(S) WILL NOT BE DESTROYED AS PART OF THE TESTING PROGRAM.

A-6. IUID MARKINGS ARE REQUIRED. ___

A-7. ARMS EXPORT CONTROL IS APPLICABLE. __

THIS ACQUISITION CONTAINS TECHNICAL DATA WHOSE EXPORT IS RESTRICTED BY THE ARMS EXPORT CONTROL ACT (TITLE 22, USC., SEC 2751 ET SEQ) OR

THE EXPORT ADMINISTRATION ACT (TITLE 50, USC., APP 2401-2402) EXECUTIVE ORDER 12470. THIS INFORMATION CANNOT BE RELEASED OUTSIDE THE

UNITED STATES WITHOUT PRIOR APPROVAL OF THE GOVERNMENT.

A-8. CONTRACTOR POINT OF CONTACT INFORMATION:

NAME: John Hazel

TELEPHONE NUMBER: (410) 568-2708

E-MAIL ADDRESS: john.hazel@saftawmerica.com

A-9. DCMA ACO POINT OF CONTACT INFORMATION: TBD

NAME:

TELEPHONE NUMBER:

E-MAIL ADDRESS:

A-10. CONTRACT SPECIALIST POINT OF CONTACT INFORMATION:

NAME: Charles Ivy

OFFICE SYMBOL: DLA-AVN-AHCB

TELEPHONE NUMBER: (256) 924-7929

E-MAIL ADDRESS: charles.ivy@dla.mil

A-11. OFFERS SHALL BE SUBMITTED IN ACCORDANCE WITH (IAW) FAR PART 15.208. FACSIMILE SUBMISSIONS ARE NOT AUTHORIZED. CONTRACTOR WILL ONLY

EMAIL OFFERS TO THE FOLLOWING:

EMAIL: CHARLES.IVY@DLA.MIL

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A-12. FUNDS WILL BE OBLIGATED/CITED UPON ISSUANCE OF AWARD.

A-13. ACCELERATED DELIVERY IS ENCOURAGED AND AUTHORIZED AT NO ADDITIONAL COST TO THE GOVERNMENT.

A-14. Certified Cost and Pricing Data: ________________________________

NOTICE: YOUR ATTENTION IS INVITED TO FEDERAL ACQUISITION REGULATION (FAR) 15.403-4, RELATIVE TO THE REQUIREMENT FOR OBTAINING CERTIFIED

COST OR PRICING DATA. IN THE EVENT THIS REQUIREMENT IS SOLE SOURCE, THE SOLE OFFEROR IS REQUIRED TO SUBMIT CERTIFIED COST OR PRICING

DATA UPON REQUEST. FAILURE TO PROVIDE CERTIFIED COST OR PRICING DATA WILL RESULT IN YOUR OFFER BEING CONSIDERED NON-RESPONSIVE.

A-15. Lead Times __________

FOR LONG LEAD TIME ITEMS AND/OR LONG TERM CONTRACTS, THE PARTIES RECOGNIZE THERE IS A RISK THAT PART(S) OR COMPONENT(S) REQUIRED FOR

PERFORMANCE OF THE CONTRACT/PURCHASE ORDER MAY BECOME UNAVAILABLE DUE TO OBSOLESCENCE. UPON RECEIPT OF THE CONTRACT/PURCHASE ORDER, CONTRACTOR IS RESPONSIBLE FOR VERIFYING ITS SOURCES OF SUPPLY. IF AT ANY TIME DURING THE COURSE OF PERFORMANCE CONTRACTOR BECOMES AWARE

THAT IT IS UNABLE TO PROCURE A PART OR COMPONENT NECESSARY TO FULFILL THE REQUIREMENTS OF THE CONTRACT, THE CONTRACTOR SHALL NOTIFY THE

CONTRACTING OFFICER IN WRITING WITHIN THIRTY DAYS. NOTIFICATION SHALL INCLUDE CONTRACTORS RECOMMENDATION FOR CORRECTION OF THE PROBLEM, IF POSSIBLE, WITH ESTIMATED COST AND SCHEDULE IMPACT, IF ANY. THE CONTRACTING OFFICER WILL DETERMINE THE APPROPRIATE COURSE OF ACTION

AND PROVIDE DIRECTION TO THE CONTRACTOR. IN NO EVENT WILL CONTRACTOR PROCEED WITH IMPLEMENTATION OF ITS RECOMMENDATION WITHOUT WRITTEN

DIRECTION FROM THE CONTRACTING OFFICER. AT THE SOLE DISCRETION OF THE CONTRACTING OFFICER, THE CONTRACT MAY BE TERMINATED IN WHOLE OR IN

PART, AS APPROPRIATE.

*** END OF NARRATIVE A0001 ***

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Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

0001 LITHIUM ION BATTERY

Mfr CAGE: 18876

Mfr Part Number: TBD

0001AA RISK REDUCTION UNITS 4 EA $ $ ____________________ ______________ __________________

COMMODITY NAME: LITHIUM ION BATTERY

CLIN CONTRACT TYPE:

Cost Plus Fixed Fee

Packaging and Marking _____________________

PACKAGING/PACKING/SPECIFICATIONS:

IAW MIL STD 129 & MILT STD 2073-1 APP J

INTERMEDIATE PACK: 001

LEVEL PRESERVATION: Military

LEVEL PACKING: B

Ship to and packaging will be determined on contract award.

(End of narrative D001)

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

Government Approval/Disapproval Days: 120

Deliveries or Performance _________________________

DOC SUPPL

REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____

DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________

001 4 0540

FOB POINT: Origin

SHIP TO:

0001AB GOVERNMENT FIRST ARTICLE TEST UNITS 10 EA $ $ ___________________________________ ______________ __________________

COMMODITY NAME: LITHIUM ION BATTERY

CLIN CONTRACT TYPE:

Cost Plus Fixed Fee

Packaging and Marking _____________________

PACKAGING/PACKING/SPECIFICATIONS:

IAW MIL STD 129 & MILT STD 2073-1 APP J

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PIIN/SIIN

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

INTERMEDIATE PACK: 001

LEVEL PRESERVATION: Military

LEVEL PACKING: B

Ship to and packaging will be determined on contract award.

(End of narrative D001)

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

Government Approval/Disapproval Days: 120

Deliveries or Performance _________________________

DOC SUPPL

REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____

DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________

001 10 0540

FOB POINT: Origin

SHIP TO:

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SECTION E - INSPECTION AND ACCEPTANCE

This document 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 these addresses:

For FAR clauses: https://www.acquisition.gov/

For DFARS clauses: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

If the clause requires additional or unique information, then that information is provided immediately after the clause title.

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

E-1 52.246-3 INSPECTION OF SUPPLIES--COST-REIMBURSEMENT MAY/2001

E-2 52.246-15 CERTIFICATE OF CONFORMANCE APR/1984

E-3 52.246-16 RESPONSIBILITY FOR SUPPLIES APR/1984

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SECTION F - DELIVERIES OR PERFORMANCE

This document 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 these addresses:

For FAR clauses: https://www.acquisition.gov/

For DFARS clauses: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

If the clause requires additional or unique information, then that information is provided immediately after the clause title.

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

F-1 52.242-15 STOP-WORK ORDER (AUG 1989) -- ALTERNATE I (APR 1984) APR/1984

F-2 52.242-15 STOP-WORK ORDER AUG/1989

F-3 52.247-29 F.O.B. ORIGIN FEB/2006

F-4 52.247-58 LOADING, BLOCKING, AND BRACING OF FREIGHT CAR SHIPMENTS APR/1984

F-5 52.247-59 F.O.B. ORIGIN--CARLOAD AND TRUCKLOAD SHIPMENTS APR/1984

F-6 52.247-65 F.O.B. ORIGIN, PREPAID FREIGHT--SMALL PACKAGE SHIPMENTS JAN/1991

F-7 252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY MAR/2022

F-8 252.211-7008 USE OF GOVERNMENT-ASSIGNED SERIAL NUMBERS SEP/2010

F-9 52.211-8 TIME OF DELIVERY JUN/1997

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

REQUIRED DELIVERY SCHEDULE

ITEM NO. QUANTITY WITHIN DAYS

AFTER DATE OF

CONTRACT

CLIN 0001AA 4 540

CLIN 0001AB 10 540

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.

OFFERORS PROPOSED DELIVERY SCHEDULE

ITEM NO. QUANTITY WITHIN DAYS

AFTER DATE OF

CONTRACT

CLIN 0001AA 4

CLIN 0001AB 10

(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

Contractors 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

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delivery date, the offer will be considered nonresponsive and rejected.

(End of Clause)

F-10 252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION MAR/2022

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

"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

"Concatenated unique item identifier" means

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards

Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

"DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html .

"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

"Enterprise" means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

"Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing agency.

"Governments unit acquisition cost" means

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractors estimated fully burdened unit cost to the

Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractors estimated fully burdened unit cost to the Government at the time of delivery.

"Issuing agency" means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the

Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459 .

"Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier.

"Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

"Lot or batch number" means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

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"Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

"Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

"Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

"Serial number within the enterprise identifier" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

"Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

"Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

"Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

"Type designation" means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

"Unique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

"Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html .

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

__N/A______________ ___ N/A______________________________________

__N/A______________ ___ N/A______________________________________

__N/A______________ ___ N/A______________________________________

(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

__N/A______________ ___ N/A______________________________________

__N/A______________ ___ N/A______________________________________

__N/A______________ ___ N/A______________________________________

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(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in

Attachment Number N/A.

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in

Attachment Number N/A.

(v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or (iv) of this clause for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology--International symbology specification--Data matrix; ECC200 data matrix specification.

(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that--

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC

International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI

MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International

Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2

Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air

Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology-Transfer

Syntax for High Capacity Automatic Data Capture Media.

(5) Unique item identifier.

(i) The Contractor shall--

(A) Determine whether to--

(1) Serialize within the enterprise identifier;

(2) Serialize within the part, lot, or batch number; or

(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: Original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of

U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of

MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code--

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(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and

Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material

Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch number (if there is serialization within the lot or batch number).

(7) Current part number (optional and only if not the same as the original part number).

(8) Current part number effective date (optional and only if current part number is used).

(9) Serial number (if concatenated unique item identifier is used).

(10) Governments unit acquisition cost.

(11) Unit of measure.

(12) Type designation of the item as specified in the contract schedule, if any.

(13) Whether the item is an item of Special Tooling or Special Test Equipment.

(14) Whether the item is covered by a warranty.

(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material

Inspection and Receiving Report specified elsewhere in this contract, the following information:

(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.

(2) Unique item identifier of the embedded subassembly, component, or part.

(3) Unique item identifier type.**

(4) Issuing agency code (if concatenated unique item identifier is used).**

(5) Enterprise identifier (if concatenated unique item identifier is used).**

(6) Original part number (if there is serialization within the original part number).**

(7) Lot or batch number (if there is serialization within the lot or batch number).**

(8) Current part number (optional and only if not the same as the original part number).**

(9) Current part number effective date (optional and only if current part number is used).**

(10) Serial number (if concatenated unique item identifier is used).**

(11) Description.

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** Once per item.

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:

(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at

252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/ .

(2) Embedded items shall be reported by one of the following methods--

(i) Use of the embedded items capability in WAWF;

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/ ; or

(iii) Via WAWF as a deliverable attachment for exhibit line item number -7-, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.

(g) Subcontracts. If the Contractor acquires by contract any items for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial items.

(End of clause)

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SECTION G - CONTRACT ADMINISTRATION DATA

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

G-1 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS DEC/2018

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

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and

Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and

Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov ; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this

Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the

WAWF home page at https://wawf.eb.mil/ .

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer

Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items--

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

ORIGIN/ORIGIN

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

INVOICE/RECEIVING REPORT COMBO

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some Combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in

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WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0338

Issue By DoDAAC SPRRA2

Admin DoDAAC S2101A

Inspect By DoDAAC TBD

Ship To Code TBD

Ship From Code 0SUJ7

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) N/A

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and

Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Sean Jefferson seain.i.jefferson.civ@mail.mil (443) 884-1057

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

FIRST ARTICLE INSPECTION AND TEST - GOVERNMENT TESTED - ADDITIONAL REQUIREMENTS_______________________________________________________________________________

a. The first article shall conform to the requirements of the contract and the Technical Data Package drawing(s), the Quality Assurance

Provisions (QAPs), and specification(s) referenced thereon. The first article shall be representative of items to be manufactured using the same processes and procedures and at the same facility as contract production. All components, subassemblies, and assemblies in the first article sample shall have been produced by the Contractor (including subcontractors) using the technical data package applicable to this procurement.

b. Unless otherwise specified in the contract, the contractor shall NOT retain the first article provided under this contract to serve as the manufacturing standard of acceptance.

c. Additional first article testing may be ordered by the Contracting Officer in writing whenever (i) a major change is made to the technical data, (ii) there is a lapse in production for a period in excess of 18 months, or (iii) a change occurs in place of performance, manufacturing locations or processes, material used, drawing, specification or source of supply. When conditions (i), (ii), or (iii) above occurs, the Contractor shall notify the Contracting Officer so that a determination can be made concerning the need for the additional first article sample or portion thereof, and instructions provided concerning the submission, inspection, and notification of results. Should the Government require additional first article testing the Contractor may be entitled to an equitable adjustment.

d. Rejected first articles or portions thereof not destroyed during inspection and testing will be held at the government first article test site for a period of 3 years following the date of notification of rejection, pending receipt of instructions from the Contractor for the disposition of the rejected material. The Contractor agrees that failure to furnish such instructions within said time period shall constitute abandonment of said material by the Contractor and shall confer upon the Government the right to destroy or otherwise dispose of the rejected items at the discretion of the Government without liability to the Contractor by reason of such destruction or disposition.

*** END OF NARRATIVE H0001 ***

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SECTION I - CONTRACT CLAUSES

This document 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 these addresses:

For FAR clauses: https://www.acquisition.gov/

For DFARS clauses: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

If the clause requires additional or unique information, then that information is provided immediately after the clause title.

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

I-1 52.202-1 DEFINITIONS JUN/2020

I-2 52.203-3 GRATUITIES APR/1984

I-3 52.203-5 COVENANT AGAINST CONTINGENT FEES MAY/2014

I-4 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT JUN/2020

I-5 52.203-7 ANTI-KICKBACK PROCEDURES JUN/2020

I-6 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR MAY/2014

IMPROPER ACTIVITY

I-7 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY MAY/2014

I-8 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS JUN/2020

I-9 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS JAN/2017

OR STATEMENTS

I-10 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER MAY/2011

I-11 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS JUN/2020

I-12 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT/2018

I-13 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG/2020

I-14 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES NOV/2021

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES

I-15 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH NOV/2021

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

I-16 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY OCT/2018

MATTERS

I-17 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS NOV/2015

I-18 52.211-5 MATERIAL REQUIREMENTS AUG/2000

I-19 52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS APR/2008

I-20 52.215-2 AUDIT AND RECORDS--NEGOTIATIONS JUN/2020

I-21 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT OCT/1997

I-22 52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA AUG/2011

I-23 52.215-14 INTEGRITY OF UNIT PRICES NOV/2021

I-24 52.215-14 INTEGRITY OF UNIT PRICES (NOV 2021) -- ALTERNATE I (OCT 1997) OCT/1997

I-25 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS OCT/2010

I-26 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS (PRB) JUL/2005

OTHER THAN PENSIONS

I-27 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN NOV/2021

CERTIFIED COST OR PRICING DATA --MODIFICATIONS

I-28 52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES JUN/2020

I-29 52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES (JUN 2020) -- ALTERNATE I (OCT OCT/2009

2009)

I-30 52.216-8 FIXED FEE JUN/2011

I-31 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT/2018

I-32 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES FEB/1997

I-33 52.222-3 CONVICT LABOR JUN/2003

I-34 52.222-21 PROHIBITION OF SEGREGATED FACILITIES APR/2015

I-35 52.222-26 EQUAL OPPORTUNITY SEP/2016

I-36 52.222-37 EMPLOYMENT REPORTS ON VETERANS JUN/2020

I-37 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS DEC/2010

ACT

I-38 52.222-50 COMBATING TRAFFICKING IN PERSONS NOV/2021

I-39 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION MAY/2022

I-40 52.223-6 DRUG-FREE WORKPLACE MAY/2001

I-41 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING JUN/2020

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Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

I-42 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES FEB/2021

I-43 52.227-1 AUTHORIZATION AND CONSENT JUN/2020

I-44 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT JUN/2020

I-45 52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS MAR/1996

I-46 52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS JUN/2010

I-47 52.232-17 INTEREST MAY/2014

I-48 52.232-23 ASSIGNMENT OF CLAIMS MAY/2014

I-49 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) -- ALTERNATE I (APR 1984) APR/1984

I-50 52.232-25 PROMPT PAYMENT JAN/2017

I-51 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT OCT/2018

I-52 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN/2013

I-53 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS NOV/2021

I-54 52.233-1 DISPUTES MAY/2014

I-55 52.233-1 DISPUTES (MAY 2014) -- ALTERNATE I (DEC 1991) DEC/1991

I-56 52.233-3 PROTEST AFTER AWARD AUG/1996

I-57 52.233-3 PROTEST AFTER AWARD (AUG 1996) -- ALTERNATE I (JUN 1985) JUN/1985

I-58 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT/2004

I-59 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR/1984

I-60 52.242-3 PENALTIES FOR UNALLOWABLE COSTS SEP/2021

I-61 52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS JAN/1997

I-62 52.242-13 BANKRUPTCY JUL/1995

I-63 52.243-2 CHANGES--COST REIMBURSEMENT AUG/1987

I-64 52.245-1 GOVERNMENT PROPERTY SEP/2021

I-65 52.248-1 VALUE ENGINEERING JUN/2020

I-66 52.249-6 TERMINATION (COST REIMBURSEMENT) MAY/2004

I-67 52.249-6 TERMINATION (COST-REIMBURSEMENT) (MAY 2004) -- ALTERNATE I (SEP SEP/1996

1996)

I-68 52.249-6 TERMINATION (COST-REIMBURSEMENT) (MAY 2004) -- ALTERNATE II (SEP SEP/1996

1996)

I-69 52.249-6 TERMINATION (COST-REIMBURSEMENT) (MAY 2004) -- ALTERNATE III (SEP SEP/1996

1996)

I-70 52.249-6 TERMINATION (COST-REIMBURSEMENT) (MAY 2004) -- ALTERNATE IV (SEP SEP/1996

1996)

I-71 52.249-14 EXCUSABLE DELAYS APR/1984

I-72 52.253-1 COMPUTER GENERATED FORMS JAN/1991

I-73 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS SEP/2011

I-74 252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT- DEC/2008

RELATED FELONIES

I-75 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS SEP/2013

I-76 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT APR/1992

I-77 252.204-7006 BILLING INSTRUCTIONS OCT/2005

I-78 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING DEC/2019

I-79 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT MAY/2016

I-80 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS JAN/2021

EQUIPMENT OR SERVICES

I-81 252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS MAR/2022

I-82 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS DEC/1991

I-83 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE MAY/2019

GOVERNMENT OF A TERRORIST COUNTRY

I-84 252.215-7002 COST ESTIMATING SYSTEM REQUIREMENTS DEC/2012

I-85 252.222-7006 RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION AGREEMENTS DEC/2010

I-86 252.223-7004 DRUG-FREE WORK FORCE SEP/1988

I-87 252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM--BASIC MAR/2022

I-88 252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS MAR/2022

I-89 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES APR/2022

I-90 252.225-7041 CORRESPONDENCE IN ENGLISH JUN/1997

I-91 252.225-7056 PROHIBITION REGARDING BUSINESS OPERATION WITH THE MADURO REGIME MAY/2022

I-92 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC APR/2019

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS

I-93 252.227-7013 RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS FEB/2014

I-94 252.227-7014 RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL COMPUTER FEB/2014

SOFTWARE DOCUMENTATION

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Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

I-95 252.227-7016 RIGHTS IN BID OR PROPOSAL INFORMATION JAN/2011

I-96 252.231-7000 SUPPLEMENTAL COST PRINCIPLES DEC/1991

I-97 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS DEC/2018

I-98 252.232-7010 LEVIES ON CONTRACT PAYMENTS DEC/2006

I-99 252.232-7017 ACCELERATING PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS--PROHIBITION APR/2020

ON FEES AND CONSIDERATION

I-100 252.242-7004 MATERIAL MANAGEMENT AND ACCOUNTING SYSTEM MAY/2011

I-101 252.242-7005 CONTRACTOR BUSINESS SYSTEMS FEB/2012

I-102 252.242-7006 ACCOUNTING SYSTEM ADMINISTRATION FEB/2012

I-103 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT DEC/2012

I-104 252.244-7001 CONTRACTOR PURCHASING SYSTEM ADMINISTRATION--BASIC MAY/2014

I-105 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA--BASIC FEB/2019

I-106 252.247-7028 APPLICATION FOR U.S. GOVERNMENT SHIPPING DOCUMENTATION/INSTRUCTIONS JUN/2012

I-107 52.209-4 FIRST ARTICLE APPROVAL -- GOVERNMENT TESTING (SEP 1989) -- ALTERNATE JAN/1997

I (JAN 1997)

(a) The Contractor shall deliver 14 unit(s) of Lot/Item CLIN 0001AA and CLIN 0001AB within 540 calendar days from the date of this contract to the Government at (facility to be named later) for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

(b) Within 120 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. 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.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing.

After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. 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 tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the

Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor --

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractors expense.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from 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.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article 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 first article approval, the costs thereof shall not be allocable to this contract for

(1) progress payments, or

(2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in

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the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

(j) The Contractor shall produce both the first article and the production quantity at the same facility.

(End of Clause)

I-108 52.209-4 FIRST ARTICLE APPROVAL -- GOVERNMENT TESTING SEP/1989

(a) The Contractor shall deliver 14 unit(s) of Lot/Item CLIN 0001AA and CLIN 0001AB within 540 calendar days from the date of this contract to the Government at (Facility to be named later) for first article tests.