Solicitation - W911PT26QA128.pdf

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CONTAINERS FOR THE WATERVLIET ARSENAL
Solicitation number
W911PT26QA128
Issued by

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This is a Women-Owned Small Business (WOSB) Solicitation for Commercial Products issued by the Department of the Army Materiel Command Contracting Command Detroit Arsenal for Watervliet Arsenal. The solicitation seeks 90 each Containers for the M284 155mm Howitzer Cannon (Drawing 11580190, Manufacturer's Part Number 11580190, CAGE Code 19206) with delivery included. The procurement is structured as a Firm Fixed Price award with two contract line items: CLIN 0001 requires First Article approval (one sample due within 60 calendar days of contract award to Watervliet Arsenal Vendor Quality & Gage Calibration Work Group, Building 35-E), followed by production deliveries of 15 units per month starting 60 days after First Article approval; CLIN 0002 waives First Article requirements with production deliveries beginning 60 days after award at 15 units per month. All 90 units must be delivered by January 22, 2027, to Watervliet Arsenal, 1 Buffington Street, Watervliet, NY 12189-4050, with the contractor bearing transportation costs (FOB Destination).

Offers must be submitted electronically via email to brianne.m.denofio.civ@army.mil with complete Request for Quote responses; discussions are not anticipated. Award will be made to the lowest evaluated bid meeting all material requirements and responsibility criteria, with potential pre-award surveys or requests for financial and technical information. The solicitation incorporates FAR and DFARS clauses, including quality assurance provisions per QAP-APPENDIX-WVA, Certificate of Conformance requirements with each shipment, and inspection/acceptance at Watervliet Arsenal. Special requirements include compliance with personal identity verification, Common Access Card procedures if applicable, adherence to delivery appointment scheduling through the Carrier Appointment System, and strict protection of critical military technology related to cannon production that cannot be released to foreign sources outside the United States, Puerto Rico, and Canada without prior written approval from Watervliet Arsenal.

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WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

calls)

Section A - Solicitation/Contract Form

M284 155MM CANNON CONTAINER FOR WATERVLIET ARSENALInstrument Name:

Product Service Code : 2541

COMMERCIAL NARRATIVES

This solicitation is for the procurement of 90 each Containers, to include cost for delivery for Watervliet Arsenal in Watervliet, NY. The Government intends to award one (1) Firm Fixed Price type purchase order based on the evaluation criteria below.

IMPORTANT! OFFERS WILL ONLY BE ACCEPTED USING THE FOLLOWING METHODS:

(a) Email to: brianne.m.denofio.civ@army.mil

(b) Request for Quotes must be filled out completely and sent in their entirety to be considered responsive.

Instructions for completing and submitting an offer are as follows: Instructions to Offerors:

Offerors are required to: 1. 2. and Sign the cover page and complete all fill-ins in the solicitation document; and Write the proposed price on Contract Line Item Number (CLIN) 0001 (including delivery); Failure to submit a full offer as outlined may result in the offeror being rejected if not within the required time and date listed. Since discussions are not anticipated for this solicitation, Offerors are cautioned to consult with the PCO before submitting an offer that takes exception to any term or condition of this solicitation.

REQUEST FOR QUOTE

RESPONSES ALL RESPONSES MUST BE ELECTRONIC. YOU MUST SUBMIT YOUR QUOTE

RESPONSES USING THE FOLLOWING METHODS: (a) Email to: brianne.m.denofio.civ@army.

mil (b) Request for Quotes must be filled out completely and sent in its entirety to be considered responsive.

CRITICAL MILITARY TECHNOLOGY The documents, drawings (microfilms) listed herein contain critical military technology that is owned by the United States Government, Watervliet Arsenal.

These documents, drawings (microfilm) are not to be used for any purpose other than the purpose for which they are furnished, nor shall they be distributed or reproduced for any purpose, nor any part of their contents revealed in any manner, to persons other than the individuals or organizations specified to receive it, or their employees, without written consent of the Watervliet Arsenal.

W911PT26QA128

LIST OF DOCUMENTS/DRAWING NO. 11580190

*** EVALUATION--COMMERCIAL ITEMS (APR 2009) (a) We will award a contract to the offeror that:1. submits the lowest evaluated bid or offer, and 2. submits a bid or proposal that meets all the material requirements of this solicitation, and 3. meets all the responsibility criteria at FAR 9.104

(b) To make sure that you meet the responsibility criteria at FAR 9.104 we may: 1. arrange a visit to your plant and perform a preaward survey; 2. ask you to provide financial, technical, production, or managerial background information. (c) Options. We will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. We may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate us to exercise the option(s). (d) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, we may accept an offer (or part of an offer), regardless of whether there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

*** (a) The ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES contractor and all associated subcontractors' employees shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures (provided by the Government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9 "Personal Identity Verification of Contractor Personnel") as directed by DoD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. (b) For contractors requiring Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05, The contractor employee will be issued a CAC only if duties involve one of the following:

(1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of six (6) months or more.

At the discretion of the sponsoring activity, an initial CAC may be issued on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personal Management. (c) For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards, and procedures using the National Crime Information Center Interstate Identification Index (NCIC III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 /AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures elsewhere in Section C; Non-disclosure Statement; for OCONUS locations, refer to the Status of Forces Agreement and other theater regulations.

*** (a) IMPORTANT NOTICE OF WATERVLIET ARSENAL INFORMATION/REQUIREMENTS

DELIVERY/QUALITY REQUIREMENTS: (1) ALL OFFERORS MUST CAREFULLY REVIEW THE

DELIVERY REQUIREMENT IN THE REQUEST FOR QUOTE OR SOLICITATION. WHEN

SUBMITTING AN OFFER/BID, PLEASE ENSURE THAT YOU CAN MEET THE DELIVERY

SCHEDULE. (2) ON TIME DELIVERY IS VERY CRITICAL. THEREFORE, YOU MUST ADHERE

TO THE DELIVERY REQUIREMENTS INDICATED IN ANY RESULTANT AWARD. FAILURE TO

COMPLY WITH THE CONTRACTUAL DELIVERY SCHEDULE, MAY RESULT IN TERMINATION

OF THE ORDER OR REQUIRE CONSIDERATION IF THE GOVERNMENT ELECTS TO

EXTEND DELIVERY. (NOTE: Non-availability of raw materials, subcontractor issues, scheduling conflicts, should be considered at the time you are submitting your offer/bid. They are not acceptable excuses for failing to meet the delivery after award). (3) PROVIDING QUALITY

PRODUCTS THAT CONFORM TO THE CONTRACT ARE JUST AS IMPORTANT AS MEETING

THE REQUIRED DELIVERY. DELIVERY OF NON-CONFORMING PRODUCTS RESULTS IN

DELIVERY DELAYS AND INCREASED COSTS TO THE ARSENAL. (4) PAST PERFORMANCE

FOR QUALITY AND DELIVERY MAY BE A MAJOR CONSIDERATION IN MAKING

DETERMINATIONS FOR FUTURE CONTRACT AWARDS. NOTICE: Throughout this document we may use the terms "we" and "you", the term "we" means the government of the United States of America, and the term "you" means the contractor.

(b) WATERVLIET ARSENAL INFORMATION FOR CONTRACTORS: "Watervliet Arsenal Information for Contractors" document is incorporated by reference in all solicitations and contracts. The full text version of the instructions is available at Internet address: http://www.wva.

army.mil/Documents/Contracting/WAIC.pdf Upon request, the contracting officer will make its full text available."

POC - CONTRACT SPECIALIST/BUYER: Brianne M. Denofio

TELEPHONE NUMBER: 518-266-4644

E-MAIL ADDRESS: brianne.m.denofio.civ@army.mil

Please provide the following information for your company.

VENDOR NAME: _______________________________

VENDOR POC: _________________________

POC PHONE: ________________________

E-MAIL ADDRESS (see note below): ________________________

UNIQUE ENTITY ID: _______________________________

CAGE CODE (if known): _____________________________

CONTRACTOR DUNS NUMBER __________________________

FAX NUMBER: _____________________________

TAX ID NUMBER: __________________________

NOTE: Your e-mail address is required so that in the event you receive the resultant award, we can e-mail it to you. If we experience difficulties with e-mail, it will be data faxed. (c) AWCF BULK FUND _____ DOES __X___DOES NOT APPLY (d) POSTERS: (1) Contracts for Material, Supplies, Articles and Equipment Exceeding $15,000/Service Contract Labor Standards. Orders subject to these Acts require contractors to post WH Publication 1313, "Employee Rights on Government Contracts". (2) Construction Orders. Orders for construction require contractors to post WH Publication 1321, "Employee Rights under the Davis Bacon" and the Office of Federal Contract Compliance poster on "Equal Employment Opportunity is the Law." (3) These posters can be accessed electronically at http://www.dol.gov . (4) Hard copies of the posters will be made available upon request to the contracting officer. (e) PAYMENTS: Any vendor that receives an award (except those paid by credit card or accommodation check) can view invoice payments made by DFAS at https://piee.eb.mil/ using the "my invoice" system. You will be required to register in order to view payments. Payment information is maintained for 120 days from invoice payment. Vendors can find out when invoices have been paid by Electronic Funds Transfer (EFT), etc. This website can save valuable time and frustration over billing questions and it is a free service. (f) RELEASE OF INFORMATION: The contractor shall not release or authorize release of DoD specifications; acceptance test results; information involving critical military technology; or any other information in which the DoD maintains proprietary rights, or is otherwise confidential or classified. This restriction includes any endorsement by the Department of Army of a contractor.

Release of information under the circumstances referenced above requires the prior written approval of the Contracting Officer responsible for this contract. It is the contractor's responsibility to be familiar with, and comply with the requirements of Chapter 5, page 22, paragraph 5-48, of AR 360-1 may be found at http://www. usapa.army.mil/pdffiles/r360_1.pdf ***

DELIVERY INFORMATION (a) Effective 1 March, 2020, all commercial carriers must request an appointment for delivery to Watervliet Arsenal through the Carrier Appointment System (CAS).

Carriers can register for CAS at https://eta.sddc.army.mil/. In the event that a carrier is either unable to register for CAS, or if CAS is down, carriers must call the transportation desk at 518-266- 5858 to schedule an appointment. Note(s): i. Late/early arrivals may be rescheduled to the next available appointment date. ii. This will not apply to small package carriers such as FEDEX, UPS, or DHL. (b) NOTICE: NORMAL DELIVERY HOURS FOR RECEIPT OF SUPPLIES AT WATERVLIET ARSENAL ARE AS FOLLOWS: Monday through Thursday Business Hours: 6:30 A.

M. EST to 3:30 P.M. EST Friday Business Hours: Every other Friday from 6:30 A.M. EST to 2:00 P.

M. EST Fridays will be staggered with every other Friday being a closed business day. The first Friday of 2026 to be closed is . January 09, 2026

BASED ON THE ABOVE, CONTRACTORS SHOULD CALL THE CONTRACT/PURCHASE

ORDER ADMINISTRATOR IN ADVANCE IF DELIVERY IS SCHEDULED FOR A FRIDAY TO

FIND OUT IF THE ARSENAL WILL BE OPEN FOR BUSINESS. Also, when a federal holiday is normally observed on a Friday, the arsenal may be closed on the preceding Thursday. In these instances, please contact the contract/purchase order administrator in advance of delivery if Thursday delivery is anticipated to determine if the arsenal will be open for business. THE ABOVE

INFORMATION SHOULD BE NOTED WHEN SCHEDULING DELIVERIES AS WATERVLIET

ARSENAL WILL NOT BE LIABLE FOR ANY STORAGE, DEMURRAGE OR SHIPPER LABOR

COSTS INCURRED AS A RESULT OF CONTRACTOR ATTEMPTED DELIVERIES ARRIVING

DURING NON-BUSINESS HOURS. (b) ITEM DESCRIPTION: The material delivered hereon must be tagged or otherwise identified by placing the purchase order /contract number on the packing slip or it will be returned at the contractor's expense. If more than one item is involved, material must be segregated by item and must be tagged or otherwise identified by item number. National stock number, when applicable, must be shown on all vendor's documents, such as Bill of Lading, Notice of Shipment, delivery or packing slip, etc.

*** HQ-AMC LEVEL PROTEST PROCEDURESComplete AMC Protest Procedures can be found at: http://www.amc.army.mil/Connect/Legal Resources/ An agency protest may be filed with either the contracting officer or to HQAMC but not both following the procedures listed on the website above.

*** Disclosure of Unit Price Information (Jun 2004) This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23, 1987), of our intention to release unit prices of the awardee in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the contracting officer is notified of your objection to such release prior to submission of initial proposals.

DISCLOSURE OF WATERVLIET ARSENAL TECHNOLOGY

In accordance with, Title 10 of the U.S. Code Section 4542, no Cannon Production Technology as defined herein may be furnished to any foreign source or representative thereof. Therefore, solicitations and subsequent contracts for this requirement will be confined only to United States, Puerto Rico, and Canada which are considered part of the United States Industrial Base.

Cannon Production Technology (as defined below) or other technology on any defense item being manufactured or developed at Watervliet Arsenal, will not be released outside the offeror's /contractor's firm and/or the United States of America (the latter prohibition includes, but is not limited to, disclosure to the offeror's/contractor's foreign subsidiaries, affiliates, etc.) nor will such technology be used to manufacture cannon (as defined below) or other defense items being manufactured or developed at Watervliet Arsenal, in response to requests from anyone other than Watervliet Arsenal, without prior written approval of Watervliet Arsenal (WVA).

The offeror/contractor is hereby notified that any breach by him/her of the above provision may legally be pursued by the Government as a breach of implied contract (with respect to an offeror) or breach in contract (with respect to the firm awarded the contract). The offeror/contractor is hereby also placed on written notice that any damages the Government chooses to pursue for such breach may include any consequential damages for which the offeror/contractor would be liable. In addition, injunctive relief may be pursued in the event of violation of the above provision.

If prior approval of Watervliet Arsenal has been obtained, as required by the above provision, any subcontract is involved, the contractor shall insert the substance of this provision (that is, the first three full paragraphs above) in such subcontract. Failure of the contractor to include this provision in any subcontract may be pursued by the Government as a breach of contract by the contractor whereby he/she may be liable for any damage, to include consequential damages, caused Watervliet Arsenal due to unauthorized release or use of the data by the subcontractor.

Additionally, any drawings, specifications, or other technical data furnished with this solicitation need not be returned to the Watervliet Arsenal, but should be disposed of by the offeror, however care must be taken to assure disposal of the data is made in a manner which will comply with the terms of this provision.

DEFINITIONS

1. CANNON: is defined as a complete assembly consisting of a tube, breech mechanism, firing mechanism, and all integral components. It may include tube attachments and muzzle appendages. It is a component of a weapon system of 40mm Bore or over such as tank guns, towed and self-propelled howitzers, naval guns, mortars, and recoilless guns.

2. CANNON PRODUCTION TECHNOLOGY: is defined as the technical data package and manufacturing technology.

a. TECHNICAL DATA PACKAGE: cannon engineering drawings, specifications and standards.

b. MANUFACTURING TECHNOLOGY: is technical knowledge, documentation, assistance, and equipment and machines used and useful in the manufacture of cannon.

(1) TECHNICAL KNOWLEDGE: is the know-how collected, trade secrets, production experience and special skills necessary for the production of cannon and is the technical information and inventions necessary for the manufacture of cannon and relating to the manufacture of cannon.

(2) TECHNICAL DOCUMENTATION: is manufacturing technical data; comprising drawings, specifications, schemes, composition, descriptions, methods of calculations, instructions, and other information necessary and sufficient for the manufacture of cannon.

(3) TECHNICAL ASSISTANCE: is all assistance required to make practical and economical use of the technology required to manufacture cannon, such as delivery of documentation, training of personnel, instructions, consultations and acquainting of specialists with the most economical method of using this technology in the manufacture of cannon.

(4) EQUIPMENT AND MACHINES: are production machines, machine accessories, apparatuses, spare parts and tooling, complete and in such quantity and quality as to secure the proper operation of a plant for cannon manufacture

TO FAR 52.212-4 (MAY 2013) In accordance with the prompt *** PROMPT PAYMENT NOTICE payment regulations at 5 CFR 1315 referenced in FAR 52.212-4 Contract Terms and Conditions - Commercial Items, specifically 5 CFR 1315-4(b)(1)(B), Government acceptance shall be deemed to have occurred constructively on the 30th day after the contractor delivered the supplies or performed the services.

*** (a) This provision serves as an ALL OR NONE-COMMERCIAL ITEM ACQUISITION addendum that modifies paragraph (h) of FAR 52.212-1, entitled INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS. Paragraph (h) is modified to say that the proposal or quote must offer to provide the total quantity of the items in this solicitation. (b) Only one award will be made as a result of this solicitation. Offers submitted for less than the total quantities of all the items in this solicitation will NOT be considered for award.

*** END OF NARRATIVE ***

*** END OF NARRATIVE ***

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quanti ty

Unit Unit Price Amount

0001 FIRST ARTICLE REQUIRED

CONTAINER, M284 HOWITZER

155MM CANNON MID:

EH24UWV398EHM71

Manufacturer's CAGE: 19206

Manufacturer's Part Number:

11580190

CLIN only - Requisition Document Number (MILSTRIP, DLMS, FEDSTRIP): W16H1F6209016E

Product Service Code: 2541

North American Industry Classification System (NAICS):

321920

Bill to Party: W16H1F

Pricing Arrangement: Firm Fixed Price

90 Each

Additional Descriptive Data:

FIRST ARTICLE REQUIRED

CONTAINER, M284 HOWITZER 155MM CANNON

MID: EH24UWV398EHM71

0002 FIRST ARTICLE WAIVED

CONTAINER, M284 HOWITZER

155MM CANNON MID:

EH24UWV398EHM71

Manufacturer's CAGE: 19206

Manufacturer's Part Number:

11580190

CLIN only - Requisition Document Number (MILSTRIP, DLMS, FEDSTRIP): W16H1F6209016E

Product Service Code: 2541

North American Industry Classification System (NAICS):

321920

Bill to Party: W16H1F

Pricing Arrangement: Firm Fixed Price

90 Each

Additional Descriptive Data:

FIRST ARTICLE WAIVED

CONTAINER, M284 HOWITZER 155MM CANNON

MID: EH24UWV398EHM71

Section C - Description/Specifications/Statement of Work

CONTRACT DATA REQUIREMENT LIST - DD Form 1423

Form Approval OMB No. 0704-0188

Public reporting burden for this collection of information is estimated to average 440 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302, and to the Office of Management and Budget, Paperwork Reduction Project (0704-0188), Washington, DC 20503. Please DO NOT RETURN your form to either these addresses. Send completed form to the Government Issuing Contracting Officer for the Contract/PR No. listed in Block E.

A. CONTRACT LINE ITEM NO.: 0001

B. EXHIBIT A

C. CATEGORY

D. SYSTEM/ITEM

E. CONTRACT/PR NO.:

F. CONTRACTOR

1. DATA ITEM NO: A001

2. TITLE OF DATA ITEM: Test/Inspection Report

3. SUBTITLE: Inspection Records - First Article Sample WVA FORM 702-61-R-E, 16 March 2016 702-CQD-E 61 8 Jan 2025(CN 3)

4. AUTHORITY: DI-NDTI-80809B

5. CONTRACT REFERENCE: First Article Clause

6. REQUIRING OFFICE: TAWV-CQD-C CQD-E

7. DD250 REQUIRED: *See Block 16

8. APP CODE:

9. DISTRIBUTION STATEMENT REQUIRED: B Test and Evaluation

10. FREQUENCY: ONE/P

11. AS OF DATE:

12. DATE OF FIRST SUBMISSION: With First Article

13. DATE OF SUBSEQUENT SUBMISSIONS: With First Article

14. DISTRIBUTION:

A. ADDRESSEES: As specified in contract or purchase order

B. COPIES:

DRAFT: 0

FINAL: 1

15. TOTAL: 1

16. REMARKS: Delete paragraph 10.2 of referenced DID (Block 4). Submit WVA Form 702-61-R- E showing results of inspections. Also submit DD Form 1222. Computerized versions of these forms may be used with prior approval of the procuring office. See QAP-APPX-WVA paragraph 10 for requirements. * Inspection/acceptance requirements specified in the contract. Data Item Description (DID) referenced in block 4 can be accessed at: http//assist.daps.mil.

17. PRICE GROUP:

18. ESTIMATED TOTAL PRICE:

G. PREPARED BY: J Cannon

H. DATE: 3 Mar 2025

I. APPROVED BY: William Potter, TAWV-CQD-E

J. DATE: 3 March 2025

Form Approval OMB No. 0704-0188

Public reporting burden for this collection of information is estimated to average 440 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302, and to the Office of Management and Budget, Paperwork Reduction Project (0704-0188), Washington, DC 20503. Please DO NOT RETURN your form to either these addresses. Send completed form to the Government Issuing Contracting Officer for the Contract/PR No. listed in Block E.

A. CONTRACT LINE ITEM NO.: 0001 OR 0002

B. EXHIBIT A

C. CATEGORY

D. SYSTEM/ITEM

E. CONTRACT/PR NO.:

F. CONTRACTOR

1. DATA ITEM NO: A002

2. TITLE OF DATA ITEM: Certification/Data Report

3. SUBTITLE: Certificate of Conformance (COC), General Application (CN 5)

4. AUTHORITY: DI-MISC-80678

5. CONTRACT REFERENCE: QAP-APPX-WVA and specific drawing requirement

6. REQUIRING OFFICE: TAWV-CQD-E

7. DD250 REQUIRED: No

8. APP CODE:

9. DISTRIBUTION STATEMENT REQUIRED: B Test and Evaluation

10. FREQUENCY: With Each Submission

11. AS OF DATE:

12. DATE OF FIRST SUBMISSION: With First Shipment

13. DATE OF SUBSEQUENT SUBMISSIONS: With Each Shipment

14. DISTRIBUTION:

A. ADDRESSEES: DEPARTMENT OF THE ARMY, Attn: TAWV-CQD-E Bldg. 35-E, Watervliet Arsenal, 1 Buffington Street, Watervliet NY 12189-4000

B. COPIES:

DRAFT: 0

FINAL: 1

15. TOTAL: 1

16. REMARKS: Delete paragraph 10.3, 10.4 of referenced DID (Block 4). See QAP-APPX-WVA paragraph 4.6 for the general requirement. The COC will also contain specific reference to any appropriate material, fabrication method or heat treat process characteristic. Data Item Description (DID) referenced in block 4 can be accessed at: http//assist.daps.mil.

17. PRICE GROUP:

18. ESTIMATED TOTAL PRICE:

G. PREPARED BY: J Cannon

H. DATE: 3 Mar 2025

I. APPROVED BY: William Potter, TAWV-CQD-E

J. DATE: 3 March 3, 2025

Form Approval OMB No. 0704-0188

Public reporting burden for this collection of information is estimated to average 440 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302, and to the Office of Management and Budget, Paperwork Reduction Project (0704-0188), Washington, DC 20503. Please DO NOT RETURN your form to either these addresses. Send completed form to the Government Issuing Contracting Officer for the Contract/PR No. listed in Block E.

A. CONTRACT LINE ITEM NO.: 0001 OR 0002

B. EXHIBIT A

C. CATEGORY

D. SYSTEM/ITEM

E. CONTRACT/PR NO.:

F. CONTRACTOR

1. DATA ITEM NO: A003

2. TITLE OF DATA ITEM: Test/Inspection Report

3. SUBTITLE: Inspection Records, Production Components (CN12)

4. AUTHORITY: DI-NDTI-80809B

5. CONTRACT REFERENCE: QAP-APPX-WVA

6. REQUIRING OFFICE: TAWV-CQD-E

7. DD250 REQUIRED: No

8. APP CODE:

9. DISTRIBUTION STATEMENT REQUIRED: B Test and Evaluation

10. FREQUENCY: With Each Submission

11. AS OF DATE:

12. DATE OF FIRST SUBMISSION: With First Shipment

13. DATE OF SUBSEQUENT SUBMISSIONS: With Each Shipment

14. DISTRIBUTION:

A. ADDRESSEES: DEPARTMENT OF THE ARMY, Attn: TAWV-CQD-E Bldg. 35-E, Watervliet Arsenal, 1 Buffington Street, Watervliet NY 12189-4000

B. COPIES:

DRAFT: 0

FINAL: 1

15. TOTAL: 1

16. REMARKS: Delete paragraph 10.2 through 10.2.8 of referenced DID (Block 4).

Submit all records for production components. See QAP-APPX-WVA paragraph 4.2 and 4.5 for the requirement.

Data Item Description (DID) referenced in block 4 can be accessed at: http//assist.daps.mil.

17. PRICE GROUP:

18. ESTIMATED TOTAL PRICE:

G. PREPARED BY: J. Cannon

H. DATE: March 3, 2025

I. APPROVED BY: William Potter, TAWV-CQD-E

J. DATE: March 3, 2025

*** END OF NARRATIVE ***

Requirements

CONTAINER, M284 HOWITZER 155MM CANNON TU EH24UWV398EHM71

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE/FIRST ARTICLE CLAUSE REQUIREMENTS

PLACE OF INSPECTION AND ACCEPTANCE

Government inspection/acceptance will be made by the authorized Government Representative located at:

Inspection Acceptance

[X] Watervliet Arsenal [X] Watervliet Arsenal

[ ] Contractor's Plant [ ] Contractor's Plant

GENERAL QUALITY ASSURANCE PROVISIONS (Jun 1996) (ACC-WRN(WVA))

Contractor requirements and inspection provisions are required in accordance with QAP-APPENDIX-WVA and the item QAP(s) (if applicable).

(END OF CLAUSE)

52.246-15 CERTIFICATE OF CONFORMANCE (Apr 1984)

52.209-4 Alt I FIRST ARTICLE APPROVAL - GOVERNMENT TESTING (Sep 1989) - ALTERNATE I (Jan 1997)

(a) The contractor shall deliver ___one container per DWG 11580190________________ unit(s) of Lot/Item 0001 within 60 calendar days from the date of this contract to the Government at:

WATERVLIET ARSENAL

VENDOR QUALITY & GAGE CALIBRATION WORK GROUP

BLDG #35-E, ATTN: TAWV-ODQ-M

WATERVLIET, NY 12189-4050

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 30 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 Contractor's 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 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)

*** END OF NARRATIVE ***

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: INSPECT AND ACCEPT

DoDAAC: W911PT CountryCode: USA

W6QK ACC WVA

ACC WATERVLIET ARSENAL, 1 BUFFINGTON ST

WATERVLIET, NY 12189-4050

UNITED STATES

0002 Inspection and Acceptance Location

Both Destination Instructions: INSPECT AND ACCEPT

DoDAAC: W911PT CountryCode: USA

W6QK ACC WVA

ACC WATERVLIET ARSENAL, 1 BUFFINGTON ST

WATERVLIET, NY 12189-4050

UNITED STATES

Section F - Deliveries or Performance

Time of Delivery (June 1997)

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

REQUIRED DELIVERY SCHEDULE:

CLIN 0001 FIRST ARTICLE - 60 DAYS AFTER DATE OF

CONTRACT PRODUCTION QUANTITY - DELIVERIES OF 15 PER MONTH TO START 60 DAYS

AFTER DATE OF FIRST ARTICLE APPROVAL

OR

CLIN 0002 PRODUCTION QUANTITY - DELIVERIES TO START 60 DAYS

AFTER AWARD AT A RATE OF 15 EACH PER MONTH

*** END OF NARRATIVE ***

0001 Partial Delivery Schedule Delivery On Or Before Delivery Date 22 Jan 2027 90 Each

90 EachQuantity

Address and POC Ship To DoDAAC: W16H1F CountryCode: USA

W0K9 OSC WVA-STOCK RECORD ACCT

1 BUFFINGTON ST BLDG 35, WATERVLIET NY 12189-4050 WATERVLIET, NY

12189-4050 UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0002 Partial Delivery Schedule Delivery On Or Before Delivery Date 22 Jan 2027 90 Each

90 EachQuantity

Address and POC Ship To DoDAAC: W16H1F CountryCode: USA

W0K9 OSC WVA-STOCK RECORD ACCT

1 BUFFINGTON ST BLDG 35, WATERVLIET NY 12189-4050 WATERVLIET, NY

12189-4050 UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.247-34 F.o.b. Destination. 1991-01

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

2018-12

DFARS Clauses Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.232-7006 Wide Area WorkFlow Payment Instructions.

2023-01

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"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) The WAWF system provides the method to electronically process Electronic invoicing.

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

(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) The Contractor should follow the training instructions of the WAWF WAWF training.

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) Document submissions may be via web WAWF methods of document submission.

entry, Electronic Data Interchange, or File Transfer Protocol.

(f) The Contractor shall use the following information when WAWF payment instructions.

submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

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

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.

Invoice and Receiving Report (COMBO)

(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.

N/A

(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 financing, submit a commercial 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) The Contractor shall use the information in the Routing Data Document routing.

Table below only to fill in applicable fields in 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

HQ0303

Issue By DoDAAC

W911PT

Admin DoDAAC

W911PT

Inspect By DoDAAC W16H1F

Ship To Code W16H1F

Ship From Code N/A

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) The Contractor shall ensure a payment request includes Payment request.

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) The Contractor shall ensure a receiving report meets the Receiving report.

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.

Brianne M. Denofio, 518-266-4644, brianne.m.denofio.civ@army.mil

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

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.204-9 Personal Identity Verification of Contractor Personnel.

2011-01

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (Deviation 2026-O0038)

2026-02

52.204-13 System for Award Management- Maintenance. (Deviation 2026- O0038)

2026-02

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026- O0038)

2026-02

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.

(Deviation 2026-O0038)

2026-02

52.211-15 Defense Priority and Allocation Requirements.

2008-04

52.212-4 Terms and Conditions- Commercial Products and Commercial Services. (Deviation 2026-O0038)

2026-02

52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026- O0038)

2026-02

52.222-19 Child Labor-Cooperation with Authorities and Remedies.

(Deviation 2026-O0038)

2026-03

52.222-37 Employment Reports on Veterans. (Deviation 2026- O0038)

2026-02

52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038)

2026-02

52.222-54 Employment Eligibility Verification. (Deviation 2026- O0038)

2026-02

52.222-90 Addressing DEI Discrimination by Federal Contractors.

(Deviation 2026-O0040, Revision 1)

2026-04

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.

2024-05

52.232-33 Payment by Electronic Funds Transfer-System for Award Management.

2018-10

52.233-3 Protest after Award. (Deviation 2026-O0038)

2026-02

52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038)

2026-04

52.253-1 Computer Generated Forms. 2026-02

(Deviation 2026-O0038)

DFARS Clauses Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.204-7000 Disclosure of Information. 2016-10

252.204-7003 Control of Government Personnel Work Product.

1992-04

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

2019-05

252.223-7008 Prohibition of Hexavalent Chromium.

2023-01

252.225-7001 Buy American and Balance of Payments Program.

2024-02

252.225-7002 Qualifying Country Sources as Subcontractors.

2022-03

252.225-7012 Preference for Certain Domestic Commodities.

2022-04

252.232-7010 Levies on Contract Payments. 2006-12

252.243-7001 Pricing of Contract Modifications. 1991-12

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11

252.247-7023 Transportation of Supplies by Sea.

2024-10

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

2017-01

Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(a) Definitions. As used in this clause-

Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

52.204-19 Incorporation by Reference of Representations and Certifications.

2014-12

Incorporation by Reference of Representations and Certifications (Dec 2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.219-28 Postaward Small Business Program Rerepresentation.

2026-02

Postaward Small Business Program Rerepresentation (Feb 2026) (Deviation 2026-O0038)

Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern-

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was a small business concern, a small disadvantaged business concern, or a joint venture that was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document /support--table-size-standards.

(d) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small…

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