Contract_SPE8EC-14-D-0026_(6K_Low_Profile_Forklift).pdf

AWARD/CONTRACT K 1. THIS CONTRACT IS A RATED ORDER ~ IRATING PAGE OF PAGES

I UNDER DPAS (15 CFR 700) To Be Specificcl on DO 1 48

2. CONTRACT (Proc. Inst. /dent.) NO. 3. EFFECTIVE DATE

SPEBEC-14-0-0026 SEE BLOCK 20C

14· REQUISITION/PURCHASE REQUEST/PROJECT NO.

5. ISSUEOBY CODE lsPE8EC 6. ADMINISTERED BY (If other than Item 5) CODE ~CN01A

OLA TROOP SUPPORT DCMA AMERICAS

CONSTRUCTION & EQUIPMENT (HEPP) 275 BANK ST SUITE 200

700 ROBBINS AVENUE OTTAWA ONTARIO CANADA K2P 2L6

PHILADELPHIA PA 19111-5096 OTTAWA ON K2P 2L6

USA CANADA

LocalAdmin: Robert Spadaro PAA4114 Tel: 215-737-0866 Criticality: PAS: None Email:robert.spadaro@dla.mil

7. NAME ANO ADDRESS OF CONTRACTOR (No., street. city, county, Sta/a and ZIP Coda) 8. DELIVERY

DFOBORIGIN 0 OTHER (Sea below)

CANADIAN COMMERCIAL CORPORATION 9. DISCOUNT FOR PROMPT PAYMENT

OBA

50 O'CONNOR ST SUITE 1100

OTTAWA ON K1A OS6 Net 30 days

CANADA

10. SUBMIT INVOICES

ITEM

( 4 copies uni ass otherwise specified) TO THE 12

CODE 98247 I FACILITY CODE 38490 ADDRESS SHOWN IN

11. SHIP TO/MARK FOR CODE 12. PAYMENT WILL BE MADE BY

DFAS • COLUMBUS CENTER

CODE J;Q0337

NORTH ENTITLEMENT OPERA TJONS

SEE SCHEDULE, DO NOT SHIP TO ADDRESS ON THIS PAGE P 0 BOX 182266

COLUMBUS OH 43218·2266

USA

13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 14. ACCOUNTING AND APPROPRIATION DATA

D 10 u.s.c. 2304(c) D 41 u.s.c. 2s3(c)

15A. ITEM NO. 156. SUPPLIES/SERVICES 15C. QUANTITY 150. UNIT 15E. UNIT PRICE 15F.AMOUNT

Duly Free Entry Authorized

15G. TOTAL AMOUNT OF CONTRACT t> $30,257,000.00

16. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II ·CONTRACT CLAUSES

x A SOLICITATION/CONTRACT FORM 1 x CONTRACT CLAUSES 18 x B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART Ill ·LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

x c DESCRIPTIONISPECS./WORK STATEMENT 9 x LISTOFATTACHMENTS·CDRLs 29 x D PACKAGING AND MARKING 15 PART IV - REPRESENTATIONS AND INSTRUCTIONS x INSPECTION AND ACCEPTANCE 15 REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF K x F DELIVERIES OR PERFORMANCE 16 OFFERORS

G CONTRACT ADMINISTRATION DATA INSTRS., CONDS, AND NOTICES TO OFFERORS

H SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD

CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE

17. 0 CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 1 copies to issuing office.) Contractor agrees to furnish and deliver all ilems or perform all lhe services set forth or otheiwise identified above and on any continuation sheets for the consideration stated herein. The rights and obligations of the parties to this contract shall be subject lo and governed by the following documents: (a) this award/contract, (b) the solicitation, if any, and (c) such provisions, representations, cert1ficat1ons, and specifications, as are attached or incorporated by reference herein. (Attachments are listed herein )

//f ME AND TITLE OF SIGNER (Type or Print) r F l(AJ-ntJ./C\ f (>.fth1>"-(l.u~\'\1(\ 1 (1\L+M Vf.t~1cl{.'1T

AUTH

Previous edition is usable

18. 0 SEALED-BID AWARD {Contractor is not reouired to sian this document.)

Your bid on Solicitation Number , including the addttians or changes made by you which additions or changes are set forth in full above, is hereby accep1ed as to the terms listed above and an any continuation sheets.

This award consummates the contract which consists of the following documents: (a) the Government's solicitation and your bid, and (b) this award/contract. No further contractual document is necessary. (Block 18 should be checked only when awarding a sealed-bid contract.)

BY

20C. DATE SIGNED

7 /3J !11 TANDARD FORM 26 (REv.s12011 >

Prescribed by GSA· FAR (48 CFR) 53.214(a)

CONTINUED ON NEXT PAGE

This is a Requirements contract. Orders may be issued on this contract for a period of FIVE (5) Years.

NOTE: Actual unit prices will be specified on individual delivery orders issued under this contract. The estimated amount in Block 15G is for administrative purposes only.

Duty free entry is authorized

Canadian Commercial Corporation Endorsement (Project Number: 102866, dated 7/21/2014) is hereby incorporated by reference.

Manufacure Facilties:

38490

Manitex Liftking, ULC 7135 Islington Ave Woodbridge ON L4L 1V9

CA

Supplies and Packaging- Inspection and Acceptance Address:

38490

Manitex Liftking, ULC 7135 Islington Ave Woodbridge ON L4L 1V9

CA

DESCRIPTION OF SUPPLIES

1) CONTRACT AWARD

a) This contract constitutes the Government’s acceptance of the Contractor’s offer, including all revisions that were approved and accepted by the Government, under Request For Proposal (RFP) SPE8EC-14-R-0005. This is a Fixed Price with Economic Price Adjustments Requirements Contract, which the contractor shall function as supplier for the 6K Low-Profile Shipboard-Use forklift (Generic NSN F0000332). The contract provides for filling all actual purchase requirements of military customers and other authorized customers submitted to DLA Troop Support for purchase of this item.

b) Performance under this contract shall be governed by the terms and conditions of RFP SPE8EC-14-R-0005 (as amended), and the following terms and conditions, negotiated prior to award, that were acceptable to both the Contractor and the Government:

i. The final negotiated unit prices, as set forth in the request for Final Proposal Revision (dated 6/13/2014) between DLA Troop Support and Manitex Liftking (38490), are hereby made part of the contract and are listed on pages 7-8 of this contract.

ii. The acceptance of Solicitation Amendments 0001-0003

iii. The designation of “Net 30 days” Discount Terms

iv. The acceptance of revising the original Electromagnetic Interfernece test (CLIN 0007) to have the

“engine on” during testing, and that a “mitigation distance” be determined for any RE101 failures.

v. The acceptance of the inclusion of a Government First Article Test (FAT) under CLIN 0010.

vi. Acceptance of revised delivery schedule (outlined in section 4 of this document)

vii. The acceptance of using the revised Technical documents (Ordering Data, PD-511 and WSS-TD-1), dated

26 February 2014.

PAGE 2 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SPE8EC-14-D-0026

1. includes a reference to MIL-STD-464 (Government FAT)

2. specifies RE101, RE102, RS101 and RS 103 Opertaing Modes as “elelctronics on, engine on”.

3. Specifices that for RE101, the test plan shall include a “mitigation distance” for any RE101 failures.

viii. Acceptance of the folowing fill-ins for solicitation clause FAR 52.246-18 "Warranty of Supplies of a

Complex Nature" should have stated “(1) The Contractor warrants that for “1 Year / 2,000 hours" all supplies furnished under this contract will be free from defects in material and workmanship and will conform with all requirements of this contract;…” Also, the first fill-in under section 3 should have stated “45 days after receipt of Delivery Order” and the remaining fill-ins under sections 3-5, of the same clause, should have stated “45 days”.

c) The required Contract Data Requirements Lists (CDRLs) have been added as “Exhibits” to this contract.

All Exhibits annexed hereto are expressly made a part of this agreement.

2) CONTRACT PERIOD

a) Any supplies to be furnished under this contract shall be ordered by issuance of delivery orders by DLA Troop Support. The ordering period shall commence on the date of award/contract and shall continue for five

(5) calendar years thereafter. There are no additional option years.

3) CONTRACT GUARANTEED MINIMUM AND CONTRACT MAXIMUM

a) This contract will not include any Guaranteed Minimums.

b) The “Total Amount of Contract” listed in block 15G on page one (1) of this contract, $30,257,000, is the total estimated dollar value for this five-year contract

c) The maximum dollar value that may be obligated against the contract throughout the five (5) year contract period is $45,385,500.

4) FIRST ARTICLE TEST REQUIREMENTS (FAT)

a) The First Article Test (FAT) production lot shall consist of one (1) pre-production sample forklift, subject to First Article Testing at the contractor’s plant (or authorized laboratory) and the authorized Government testing facility (MIL-STD-464 at Dahlgren).

b) Completion of FAT testing (both Contractor & Govenrment) and submittal of one complete FAT report shall be received by the Contracting Officer no later than 410 days after the effective date of the first Delviery Order (DO).

c) Government evaluation and notification shall be 45 days after receipt of FAT report.

d) Production quantity shall be delivered no later than 575 days after issuance of the first Delivery Order

[this timeframe includes the time to produce pre-production sample, test and govt approve FAT unit and subsequent delivery of production quantity (specified on 1st DO)].

e) DCMA has been assigned Contract Adminstration to witness the First Aticle Test (FAT) inspections associated with this contract.

5) DELIVERY ORDER LIMITATION

a) Minimum Order Quantity is 1 EACH.

b) Maximum Order Quantity: The Contractor is not obligated to honor:

(1) Any order for a single item in excess of 15 EACH

(2) Any order for a combination of items in excess of 15 EACH; or

(3) A series of orders from the same ordering office within FIFTHTEEN (15) days that together call for quantities exceeding the limitation in subparagraph (1) or (2) of this section.

PAGE 3 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

Notwithstanding the maximum order limitations set forth above, the Contractor shall honor any order exceeding those maximum order limitations unless that order, or orders is/are returned to the ordering office within _15_ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) covered by the order(s) and the reasons for not shipping.

6) DELIVERY

a) Supplies, ordered under this contract, shall be delivered F.O.B. Destination and will be received by the Government as stipulated in the Place of Performance clause.

b) Actual “ship to” addresses will be specified on the individual delivery orders. It should be noted that all deliveries will be for Customer-Direct delvieries to CONUS & OCONUS (via a Containerization Point) destinations.

c) Required delivery schedule for the first Delivery Order is i/a/w number 4 (b-d), above.

d) Required delivery schedule for all subsequent Delivery Orders (DO), issued after the initial DO, is no later than ONE-HUNDRED TWENTY (120) days after the effective date of each individual delivery order.

e) DFARS 252.225-7013, Duty-Free Entry of supplies into the U.S.A. has been included in this contract.

f) DCMA has been assigned Contract Adminstration to process the “Duty-Free Entry authorization” associated with this contract.

g) There will be a quantity variance of +0%, -0% for each delivery order.

h) No deliveries shall be made prior to issuance of a delivery order (DD Form 1155).

7) INSPECTION AND ACCEPTANCE/FOB POINT

a) For all Delivery Orders (DOs) under this contract, Inspection and Acceptance is at Source/Origin. Please refer to the Place of Performance Clause in this contract.

b) FOB Destination applies.

8) CONTRACT UNIT PRICES AND SCHEDULE OF SUPPLIES

a) The final negotiated unit prices for CLINs 0001 and 0002 (listed on pg 7 of this contract) apply to contract year one (1) only.

b) Each year will be considered a separate contract year (Contract Year 1, 2, 3, 4, and 5) for the purposes of calculating the enocmic price adjustments.

c) Prices will then be adjusted annually via contract modification in accordance with DLAD Clause 52.216-9030, if applicable.

d) Pricing for each of the four (4) remaining contract years will be established by adjusting each of the previous year’s unit price (East & West), using economic price adjustment PPI commidoty index (WPU112D03-graders, rollers and compactors, forklifts, scrapers, trenchers, etc), in accordance with the formula as outlined in DLAD clause 52.216-9030 Economic Price Adjustment – Department of Labor Price Index (NOV 2011).

9) FAT TEST CLIN & CONTRACT DATA REQUIREMENTS LIST (CDRLs) UNIT PRICES AND REQUIREMENTS

a) The final negotiated unit prices for FAT CLINs -0003 (Contractor) and -0010 (Government), and the various Contract Data Requirements List (CDRLs) (CLINs 0004-0009), listed on pgs 7-8 of this contract, are “one-time fees” which will become payable under the first delivery order.

b) Technical Manuals (CLINs 0004): manufacturer is required to “overpack” one technical manual with every forklift that is ordered through the life of the contract.

c) MIPs/MRCs (0005): this is a one-time requirement, which will cover the whole fleet of that particular forklift. Manufacturer is required to deliver one (1) completed version to NAVSUP WSS’ In-Service Engineering Agent (ISEA).

PAGE 4 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

i) MIP/MRC provider must be Level II certified.

d) Please refer to the Contract Data Requirements Lists (CDRLs), annexed to this contract, for specific instructions and timelines for each data requirmenet.

a. In particular, the following data requirements shall be submitted to Contracting Officer within 90 days after issuance of the first Delivery Order (DO):

i. Hi-Shock Test

1. Platform and mounting drawings, engineering and associated lists

2. Procedures/plan/drawings

ii. Electromagnetic Interference (EMI) test

1. Control Procedures

2. Test Procedures

b. Contact your testing facility and request assistance with providing this information. Procedures shall indicate applicable documents, test requirements, description of test, hardware configuration, preparation for testing, visual inspections, initial operational tests, evaluation of damage, test report, definition of failure, cause for rejection, and completion of testing/post examination.

10) PAYMENT

a) Terms. Payment terms are NET 30 Days.

b) Currency. All funds shall be issued in US currency

c) Electronic Invoicing. The Contractor shall submit electronic invoices to the following payment office [via WideArea Workflow (WAWF)]:

DFAS Columbus Center (HQ0337) DFAS-CO/North Entitlement Operations P.O. Box 182266 Columbus, OH 43218-2266

d) Clause FAR 52.232-33, Payment by Electronic Funds Transfer (EFT) – System for ASward Management has been included.

e) EFT Remittance Address. Bank of Nova Scotia (New York Agency) One Liberty Plaza, NY 10006

ABA # 026002532

Account # 00001526-17

f) Non-EFT Remittance Address: see block 7 of the attached SF26

11) PLACE OF PERFORMANCE –INSPECTION AND SHIPPING POINT

PLACE OF PERFORMANCE GOVERNMENT INSPECTION ACCEPTANCE AND SHIPPING POINT

(a) Place of Performance:

[X] (1) Items will be manufactured at the following locations:

ITEM NO. PLANT NAME AND ADDRESS

0001, 0002 Manitex Liftking (38490) 7135 Islington Ave Woodbridge, Ontario L4L 1V9

CAN

[ ] (2) Items will be furnished from stock.

PAGE 5 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

(b) Place of Packaging, Packing and Marking:

[X] (1) Same as shown in a(1) above.

[ ] (2) As shown below:

ITEM NO. NAME AND ADDRESS OF PACKAGING PLANT

Not Applicable

(c) Place of Government Inspection:

[ X ] (1) Material inspection, except as may be indicated in c(2), will be made at the following locations:

ITEM NO. PLANT NAME AND ADDRESS GOVERNMENT INSPECTION OFFICE

0001, 0002 Manitex Liftking (38490) DCMA Amercias (SCN01A) 7135 Islington Ave 275 Bank St (Suite 200)

Woodbridge, Ontario L4L 1V9 Ottawa, Ontario K2P 2L6

[ ] (2) Packaging, Packing and Marking inspection (if other than c(1) above) will be made at the following location:

ITEM NO. PLANT NAME AND ADDRESS GOVERNMENT INSPECTION OFFICE

[ ] (3) At destination

(d) Place of Acceptance:

[ X ] (1) At the plant shown and by the Government Inspection Office shown in c(1) above.

[ ] (2) At the plant shown and by the Government Inspection Office shown in c(2) above.

[ ] (3) At destination by the receiving authority.

(e) APPLICABLE TO F.O.B. ORIGIN SHIPMENTS ON GOVERNMENT BILL OF LADING AWARDS ONLY. Shipment will be made from the contractor's or subcontractor plant(s) identified below. These shipping points were used in the evaluation of contractor's F.O.B. Origin offer. If the contractor ships from a place other than as identified herein, any increase in transportation costs shall be borne by the contractor and any savings shall revert to the Government. Not Applicable

[ ] (1) Same as shown in a(1) above.

[ ] (2) As shown below:

12) MISCELLANIOUS

1. Per the Canadian Commercial Corporations' (CCC) Endorsement the following clauses have been removed from the resulting contract: 52.215-10, 52.215-12, 52.215-15, 52.215-18, 52.215-19, 52.215-20, 52.215-21, 52.215-22, 52.215-23, 252.215-7000, 252.215-7003, 252.231-7000, 52.242-4 and 52.244-5.

2. Clauses 252.243-7001 and 252.243-7002 have also been included in the contract. Canadian Contract Cost Priciniples 1031-2 are to be applied as per the Defence Production Sharing Agreement (DPSA) between Canada and the US.

3. Per DFARS 214.403-1(c)(4)(C), the US has waived the requirement for submission of cost and pricing data for the CCC and its subcontractors.

PAGE 6 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

4. Due to the requirements for JP-8 fuel, the manufacturer (sub-contractor) is hereby required to submit a National Security Exemption (NSE) transfer form, for the equipment they will be providing, to NAVSUP WSS for approval. Upon approval, the manufacturer’s equipment will then be listed as “exempt from complying with EPA requirements” under NAVSUP WSS’ National Sercurity Exemption.

5. The required Contract Data Requirements Lists (CDRLs) have been added as exhibits to this contract. All exhibits annexed hereto are expressly made a part of this agreement.

6. Reference clause 52.215-2 Audit and Records–Negotiation, Public Works and Government Services Canada (PWGSC) will perform audits when needed as per DFARS PGI 225.870-1(d)(ii)(B) and PGI 225.870-1(d)(iii).

Schedule of Supplies/Services:

FSC GENERIC NSN ITEM NAME

3930 F00000332 6K LOW-PROFILE FORKLIFT

CLIN DESTINATION ANNUAL EST QUANTITY UNIT PRICE

0001 EAST OF MISS 30 EA $ 78,351/EA

0002 WEST OF MISS 30 EA $ 80,311/EA

FIRST ARTICLE TEST (FAT) (including test report):

*Contractor & Government testing and submittal of FAT report shall be 410 DAYS after the effective date of the first Delviery Order (DO). Government evaluation and notification shall be completed 45 DAYS after receipt of report. Production quantity shall be delivered no later than 575 days after issuance of the first Delivery Order.*

The quantity '1 TE' (test) signifies the test requirement. See FAR 52.209-3 for information concerning the FAT requirement.

Line Item Title Quantity Unit FAT Cost 0003 Contractor FAT (TD-1, Table I) 1 TE $18,525

A001- Cumulative Test/Inspection Report (FAT)

Line Item Title Quantity Unit FAT Cost 0010 Government FAT (EMI- 464) 1 TE $3,705

B001- Electromagnetic Environmental Effects Verification Procedures (E3VP) B002- Notification of Test- Electromagnetic Environmental Effects Reqs for Systems B003- Electromagnetic Environmental Effects Verification Report (E3VR)

*EXCEPTION: *The second to last row of Table 1 located in MIL-STD-464 should read a "Frequency Range of 14,000 MHz to 18,000 MHz". Current document contains a typo of "1,800 MHz", which should be disregarded.

CONTRACT DATA REQUIREMENTS LIST (CDRLS)

CLIN TITLE OF CDRL UNIT PRICE

0004 Technical Manuals $1,900 C001- Preliminary Technical Manual Review (Conducted by Govt)

PAGE 7 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

0005 Maintenance Index Pages (MIPs) and $27,100 Maintenance Requirement Cards (MRCs)

D001- Maintenance Index Pages (MIPs) D002- Maintenance Requirement Cards (MRCs)

0006 Hi-Impact Shock Test (Cost Includes All Below) $59,375 E001- Product Drawings/Models and Associated Lists

E002- Hi-Impact Shock Test Procedures E003- Hi-Impact Shock Test Notification E004- Hi-Impact Shock Test Extension Request E005- Hi-Impact Shock Test Report E006- Hi-Impact Shock Test Qualification Data Sheet

0007 Electromagnetic Interference Test: MIL-STD-461 (Cost Includes All Below) $38,500 F001- Electromagnetic Interference Control Procedures (EMICP) F002- Electromagnetic Interference Test Procedures (EMITP) F003- Electromagnetic Interference Test Report (EMITR)

0008 Resistance To Saline Atmosphere Test $32,253 G001- Resistance To Saline Atmosphere Test Report

0009 Noise Limits Tests (Cost Includes All Below) $1,425 H001- Noise Measurement Report (NMR)

FOB Destination Inspection and Acceptance at Origin

Govt Inspection of Supplies Cage: (38490) Govt Inspection of Packaging Cage: (38490)

MANUFACTURER'S NAME & CAGE: Manitex Liftking (38490)

PRODUCT REQUIRED:

I/A/W DRAWING NR 03950 WSS-PD-511

BASIC

AMEND NR DTD 02/26/2014

TYPE NUMBER 2

I/A/W DRAWING NR 03950 NAVSUP-WSS-TD-1

REFNO

AMEND NR DTD 02/26/14

TYPE NUMBER 2

PAGE 8 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

ITEM DESCRIPTION FOR GENERIC NSN F00000332 (6K)

TRUCK, FORKLIFT TYPE-2

IAW NAVSUP WSS PD-511

6,000 POUND CAPACITY

SOLID RUBBER TIRE, LOW PROFILE

DS SAFETY RATED FOR SHIPBOARD USE

PREAWARD SURVEY MAY BE REQUIRED.

EPA EXEMPTION MAY BE REQUIRED TO MEET FUEL

REQUIREMENTS.

USN REGISTRATION NUMBERS APPLY. INCLUDE NAVSUP

FORM 280.

TECHNICAL MANUAL VERIFICATION REVIEW REQUIRED

TO CONSIST OF 1 EA. HARD COPY AND 1 EA. CD.

SHIPBOARD USE MHE SHALL NOT BE SHIPPED WITHOUT AN APPROVED FINAL TECH MANUAL APPROVED BY NAVICP. TO CONSIST

OF 1 EA HARDCOPY AND 1 EA CD.

CDRL-CONTRACT DATA REQUIREMENTS LISTS APPLY

HIGHER LEVEL CONTRACT QUALITY REQUIREMENT (FAR

52.246-11) SHALL APPLY AND BE IDENTIFIED AS:

"ISO 9001:2008 QUALITY MANAGEMENT SYSTEMS

REQUIREMENTS" ON THIS SOLICITATION AND THE

RESULTING AWARD.

THIS NSN IS PROCURED AS FULLY COMPETITIVE IN

ACCORDANCE WITH A MILITARY / FEDERAL

SPECIFICATION/STANDARD. SEE SECTION L, CLAUSE

52.211-2 FOR ORDERING SUCH DATA.

UNLESS OTHERWISE NOTED

FIRST ARTICLE TESTING IS REQUIRED

SOURCE INSPECTION REQUIRED.

MIL-STD-130N, 16 Nov 2012

IDENTIFICATION MARKING OF U.S. MILITARY PROPERTY

PAGE 9 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

I/A/W DRAWING NR 03950 PD-511.ORD.DATA.TY-2-6K

REFNO

AMEND NR DTD 02/26/14

TYPE NUMBER

I/A/W DRAWING NR 03950 PD-511

BASIC

AMEND NR 01 DTD 02/26/14

TYPE NUMBER 2

I/A/W DRAWING NR 03950 NAVSUP-WSS-TD-1

REFNO

AMEND NR DTD 02/26/14

TYPE NUMBER 2

I/A/W CDRL-F0000332-22JUL14

REFNO

AMEND NR DTD 07/22/14

TYPE NUMBER

I/A/W DRAWING NR 03950 PD21861

REFNO

AMEND NR DTD 05/29/12

TYPE NUMBER

I/A/W DRAWING NR 14153 DSCP-DI-T-23731B

REFNO

AMEND NR B DTD 07/31/12

TYPE NUMBER

I/A/W A-A-50271

REFNO

AMEND NR DTD 02/01/1996

TYPE NUMBER

I/A/W A-A-52550

REFNO

AMEND NR DTD 7/30/96

TYPE NUMBER

I/A/W ASTM A153/A153M

REFNO

AMEND NR DTD 01/05/09

TYPE NUMBER

I/A/W ANSI/ITSDF B56.1-2012

REFNO

AMEND NR DTD 02/23/12

TYPE NUMBER

I/A/W ANSI/ITSDF B56.11.4-2005

REFNO

AMEND NR DTD 01/01/2005

TYPE NUMBER

PAGE 10 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

I/A/W ASTM D7803

AMEND NR DTD 01/06/12

TYPE NUMBER

I/A/W AWS D1.1/D1.1M

REFNO

AMEND NR DTD 01/01/10

TYPE NUMBER

I/A/W AWS D1.3/D1.3M

REFNO

AMEND NR DTD 01/01/2008

TYPE NUMBER

I/A/W AWS D1.6/D1.6M

REFNO

AMEND NR DTD 01/01/07

TYPE NUMBER

I/A/W SPEC NR DI-EMCS-80199C NOT 1

REFNO

AMEND NR C DTD 09/06/12

TYPE NUMBER

I/A/W SPEC NR DI-EMCS-80200C NOT 1

REFNO

AMEND NR C DTD 09/06/12

TYPE NUMBER

I/A/W SPEC NR DI-EMCS-80201C NOT 1

REFNO

AMEND NR C DTD 09/06/12

TYPE NUMBER

I/A/W SPEC NR DI-ENVR-80706

REFNO

AMEND NR DTD 11/21/88

TYPE NUMBER

I/A/W SPEC NR DI-ENVR-80707

REFNO

AMEND NR DTD 11/21/88

TYPE NUMBER

I/A/W SPEC NR DI-ENVR-80708

REFNO

AMEND NR DTD 11/21/88

TYPE NUMBER

I/A/W SPEC NR DI-ENVR-80709

REFNO

AMEND NR DTD 11/21/88

PAGE 11 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

I/A/W SPEC NR DI-ENVR-80710

AMEND NR DTD 11/21/88

TYPE NUMBER

I/A/W SPEC NR DI-HFAC-80938A

REFNO

AMEND NR A DTD 07/08/91

TYPE NUMBER

I/A/W SPEC NR DI-NDTI-80809B

REFNO

AMEND NR B DTD 01/24/97

TYPE NUMBER

I/A/W SPEC NR DI-SESS-80991A

REFNO

AMEND NR A DTD 09/23/10

TYPE NUMBER

I/A/W SPEC NR DI-SESS-80992A

REFNO

AMEND NR A DTD 09/23/10

TYPE NUMBER

I/A/W SPEC NR DI-SESS-81000E

REFNO

AMEND NR E DTD 2/26/13

TYPE NUMBER

I/A/W STD NR FED-STD-595/13538

REFNO

AMEND NR DTD 12/01/89

TYPE NUMBER

I/A/W STD NR FED-STD-595C(1)

REFNO

AMEND NR C DTD 07/31/08

TYPE NUMBER

I/A/W ISO3287

REFNO

AMEND NR E DTD 04/02/12

TYPE NUMBER

I/A/W SPEC NR MIL-DTL-16884M

REFNO

AMEND NR M DTD 08/14/12

TYPE NUMBER

I/A/W SPEC NR MIL-DTL-5624V

REFNO

AMEND NR V DTD 7/11/13

PAGE 12 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

I/A/W SPEC NR MIL-DTL-83133H(2)

AMEND NR 1 DTD 12/24/13

TYPE NUMBER

I/A/W SPEC NR MIL-HDBK-267A

REFNO

AMEND NR A DTD 03/03/87

TYPE NUMBER

I/A/W SPEC NR MIL-P-24534A NOT 1

REFNO

AMEND NR A DTD 03/21/91

TYPE NUMBER

I/A/W SPEC NR MIL-S-901D

REFNO

AMEND NR D DTD 03/17/89

TYPE NUMBER

I/A/W STD NR MIL-STD-129R

REFNO

AMEND NR P DTD 02/18/17

TYPE NUMBER

I/A/W STD NR MIL-STD-130N(1)

REFNO

AMEND NR N DTD 11/16/12

TYPE NUMBER

I/A/W STD NR MIL-STD-1474D(1) NOT 1

REFNO

AMEND NR D DTD 08/29/97

TYPE NUMBER

I/A/W STD NR MIL-STD-209K

REFNO

AMEND NR K DTD 02/22/05

TYPE NUMBER

I/A/W STD NR MIL-STD-3034 NOT 1

REFNO

AMEND NR DTD 06/22/11

TYPE NUMBER

I/A/W STD NR MIL-STD-461F

REFNO

AMEND NR F DTD 12/10/07

TYPE NUMBER

I/A/W SPEC NR MIL-STD-464C

REFNO

AMEND NR DTD 12/01/10

PAGE 13 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

I/A/W STD NR MIL-STD-810G

AMEND NR G DTD 10/31/08

TYPE NUMBER

I/A/W SAE J517-2013

REFNO

AMEND NR DTD 02/04/13

TYPE NUMBER

I/A/W SAE J695-JUN2011

REFNO

AMEND NR DTD 06/13/11

TYPE NUMBER

I/A/W UL558

REFNO

AMEND NR DTD 01/10/12

TYPE NUMBER

PACKAGING AND MARKING REQUIREMENTS

Deliver FOB: Destination QTY Variance: PLUS 0% MINUS 0% Inspection/Acceptance Point: Source

PREP FOR DELIVERY: I/A/W Manufacturer's Standard Commercial Practices

Marking shall be in accordance with MIL-STD-129 Special Marking Code: 31 - 31 Center of gravity

SUPPLEMENTAL INSTRUCTIONS: Preservation method to be IAW commercial practices.

Preservation compounds to prevent corrosion of all bare metal surfaces shall be applied.

Preservation compounds to protect rubber materials shall be applied.

Minimum protection of 60 days outside storage required.

SHIPPINGINSTRUCTIONS:

DIRECT VENDOR DELIVERIES (DVD) / CUSTOMER-DIRECT SHIPMENTS

All order shall be shipped directly to the customer, listed on each Delivery Order (DO), within the contiguous United States (CONUS) and/or outside the contiguous United States (OCONUS), via a CONUS Containerization Point.

PAGE 14 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SECTION A - SOLICITATION/CONTRACT FORM

52.211-9014 CONTRACTOR RETENTION OF TRACEABILITY DOCUMENTATION (AUG 2012) DLAD

52.204-07 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) FAR

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

PID Data - Custom Clause

Insert (copy and paste) text for – PID information here

SECTION D - PACKAGING AND MARKING

52.211-9010 SHIPPING LABEL REQUIREMENTS – MILITARY-STANDARD (MIL-STD) 129P (MAR 2012) DLAD

52.211-9010 SHIPPING LABEL REQUIREMENTS – MILITARY STANDARD (MIL-STD) 129P (NOV 2011), ALT I (AUG 2005)

DLAD

52.211-9033 PACKAGING AND MARKING REQUIREMENTS (APR 2008) DLAD

52.211-9053 EXPEDITED HANDLING SHIPMENTS (NOV 2011) DLAD

52.247-9012 REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) (FEB 2007) DLAD

SECTION E - INSPECTION AND ACCEPTANCE

52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) FAR

52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (FEB 1999) FAR

The Contractor shall comply with the higher-level quality standard selected below. [If more than one standard is listed, the offeror shall indicate its selection by checking the appropriate block.]

Title Number Date Tailoring [] ISO 9001 2000 Quality Management

Systems - Requirement

[Contracting Officer insert the title, number (if any), date, and tailoring (if any) of the higher-level quality standards.] (End of clause)

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984) FAR

252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008) DFARS

52.246-9008 INSPECTION AND ACCEPTANCE AT ORIGIN (NOV 2011) DLAD

(a) Inspection and Acceptance are at Origin.

(b) The point of acceptance will be the point of last inspection before shipment unless otherwise indicated by the offeror.

PAGE 15 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

(c) The Offeror shall indicate below the location where supplies will be inspected:

Supplies:

Plant:

MANITEX LIFTKING

Commercial and Government Entity (CAGE) Code: 38490 Street: 7135 ISLINGTON AVE City/State/Zip: WOODBRIDGE, ONTARIO L4L 1V9 Applicable to contract line-item(s) (CLIN(s):

ALL

(d) The Offeror shall indicate below the location where packaging will be inspected:

Packaging:

[ X ] Same as for supplies, or, Plant:

Cage Code:

Street:

City/St/Zip:

Applicable to clin(s):

52.246-9019 MATERIAL AND INSPECTION REPORT (APR 2008) DLAD

EN4601 HI-SHOCK TEST (JAN 2012) DLA MARITIME - NORFOLK

(a) Unless relieved of the requirement by the exception hereinafter provided, the Contractor is required to perform, in accordance with the requirements of Mil-S-901, and intends to furnish a Hi-Shock Test report to the Contracting Officer via the cognizant Quality Assurance Representative (QAR). The sample tested by the Contractor shall represent the identical quality of the materials and workmanship that is or will be used in the articles furnished under the contract. The aforementioned hi-shock test may not be required if promptly after award of the contract, the contractor submits to the Contracting Officer, via the cognizant QAR, evidence establishing that a sample of the articles the Contractor intends to furnish has been tested and approved by a Government Laboratory, or tested at the Contractor’s or Subcontractor’s plant and approved by the QAR.

(b) Acceptance of the articles under this contract will be withheld until proof is furnished that a sample of the articles being supplied has passed a hi-shock test.

(c) No claim for additional compensation arising out of any costs, direct or indirect, attributable to the preparation or testing of any sample, or attributable to the submission of any test report will be considered by the Government. Any such costs shall be conclusively deemed to have been included in the bid/proposal price.

(d) It is agreed that nothing contained in the foregoing provisions of this clause, and no action of the Government in accordance therewith, shall in any way prejudice the rights of the Government under the clause of this contract entitled “Default” if the contractor fails to deliver the articles called for under the contract in accordance with the delivery requirements of the contract.

(End of Note)

SECTION F - DELIVERIES OR PERFORMANCE

52.211-16 VARIATION IN QUANTITY (APR 1984) FAR

(b) The permissible variation shall be limited to:

0 Percent increase 0 Percent decrease This increase or decrease shall apply to ALL CLINS .

PAGE 16 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR

52.211-9037 TIME OF DELIVERY -DVD (NOV 2011) DLAD

(a) For any delivery order which specifies a priority of 1 to 3 and has a delivery location within the continental U.S. (CONUS), the contractor shall be required to ship and deliver the order quantities so as to ensure receipt at the delivery destination(s ) within 120 days after date of order for FOB DESTN and/or within NA days after date of order for FOB ORIGIN.

(b) For any delivery order which specifies a priority of 1 to 3 and has a delivery location outside the continental U.S. (OCONUS) the contractor shall be required to ship and deliver the order quantities so as to ensure receipt at the delivery destination(s) within 120 days after date of order for FOB DESTN and/or within NA days after date of order for FOB ORIGIN.

(c) For any delivery order which specifies a priority of 4 to 15, has a delivery location within CONUS, an RDD of 444, 555, 777 N**, E** or a Julian Date within 8 days of date of order the contractor shall be required to ship and deliver the order quantities so as to ensure receipt at the delivery destination(s) within 120 days after date of order for FOB DESTN and/or withinNA days after date of order for

FOB ORIGIN.

(d) For any delivery order which specifies a priority of 4 to 15, has a delivery location OCONUS, an RDD of 44 4, 555, 777 N**, E** or a Julian Date within 8 days of date of order the contractor shall be required to ship and deliver the order quantities so as to ensure receipt at the delivery destination(s) within 120 days after date of order for FOB DESTN and/or within NA days after date of order for FOB

ORIGIN.

(e) For all other delivery orders which specify a priority of 4 to 15 and have a delivery location within CONUS, the contractor shall be required to ship and deliver the order quantities so as to ensure receipt at the delivery destination(s) within 120 days after date of order for FOB DESTN and/or within NA days after date of order for FOB ORIGIN.

(f) For all other delivery orders which specify a priority of 4 to 15 and have a delivery location OCONUS, the contractor shall be required to ship and deliver the order quantities so as to ensure receipt at the delivery destination(s) within 120 days after date of order for FOB DESTN and/or within NA days after date of order for FOB ORIGIN.

(g) SHIPMENTS TO STOCK LOCATIONS:

For any delivery order which specifies delivery to a DLA/DoD stock location, the contractor shall be required to ship and deliver the order quantities so as to ensure receipt at the delivery destination(s) within NA days after d ate of order for FOB DESTN and/or within NA days after date of order for FOB ORIGIN.

(i) OFFEROR’S PROPOSED SCHEDULE Offerors proposing to meet the Government’s required delivery schedule, as shown above, need not enter anything in the “Offeror’s Proposed Schedule” section.

For priority 1-3 items with destinations within CONUS, delivery shall be within _____ days after date of order for FOB DESTN and/or within ____ days after date of order for FOB ORIGIN.

For priority 1-3 items with destinations outside CONUS, delivery shall be within _____ days after date of order for FOB DESTN and/or within ____ days after date of order for FOB ORIGIN.

For priority 4-15, destination within CONUS, an RDD of 444, 555, 777 N**, E** or a Julian Date within 8 days of date of order, delivery shall be within _____ days after date of order for FOB DESTN and/or within ____ days after date of order for FOB ORIGIN.

For priority 4-15, destination outside CONUS, an RDD of 444, 555, 777 N**, E** or a Julian Date within 8 days of date of order, delivery shall be within _____ days after date of order for FOB DESTN and/or within ____ days after date of order for FOB ORIGIN.

For priority 4 to 15 (all others), destination within CONUS, delivery shall be within _____ days after date of order for FOB DESTN and/or within ____ days after date of order for FOB ORIGIN.

For priority 4 to 15 (all others), destination outside CONUS, delivery shall be within _____ days after date of order for FOB DESTN and/or within ____ days after date of order for FOB ORIGIN.

For shipments to DLA/DoD stock locations, delivery shall be within _____ days after date of order for FOB DESTN and/or within ____ days after date of order for FOB ORIGIN.

52.242-15 STOP-WORK ORDER (AUG 1989) FAR

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR

52.247-34 F.O.B. DESTINATION (NOV 1991) FAR

PAGE 17 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

52.247-48 F.O.B. DESTINATION - EVIDENCE OF SHIPMENT (FEB 1999) FAR

52.247-52 CLEARANCE AND DOCUMENTATION REQUIREMENTS - SHIPMENTS TO DOD AIR OR WATER TERMINAL

TRANSSHIPMENT POINTS (FEB 2006) FAR

52.247-58 LOADING, BLOCKING, AND BRACING OF FREIGHT CAR SHIPMENTS (APR 1984) FAR

52.247-9029 SHIPPING INSTRUCTIONS (NOV 2011) DLAD

52.247-9031 MANUFACTURER'S LOADING PRACTICES (NOV 2011) DLAD

52.247-9035 SHIPPING INSTRUCTIONS (DOMESTIC) (NOV 2011) DLAD

Mail instructions (not applicable to Army Post Office (APO) or Fleet Post Office (FPO) addresses):

(a) Route domestic shipments within mail limitations as follows based on the transportation priority (TP) reflected in the "mark for" data with each contract line item number (CLIN). Commercial small parcel carrier (e.g., United Parcel Service (UPS) or Federal Express) is an acceptable mode of shipment to domestic addresses.

(1) Ship all NMCS, 777, and 999, regardless of TP or distance, by commercial small parcel carrier.

(2) Ship TP 1 and 2 (IPD 01-08) by priority mail or most economical comparable mode.

(3) Ship TP 3 (IPD 09-15) and all stock locations (not TP coded) by surface parcel post (Fourth Class) or most economical comparable mode.

(4) The cost of parcel post insurance will not be paid by the Government.

(b) Freight instructions (domestic).

(1) Ship all NMCS, 777, and 999, regardless of TP or distance by commercial small parcel carrier.

(2) For TP 1 and 2 (IPD 01-08) weighing under 250 pounds, use air freight and specify air on the invoice. Exceptions: if destination is within 600 miles of origin, use regular surface transportation.

(3) For all other freight shipments, contact the cognizant transportation officer for delivery and carrier routing instructions.

(4) Advance telephonic notice of delivery must be given by the carrier to the consignee's transportation officer (transport control/prelodge desk) at least 24 hours prior to delivery of freight shipments (other than small parcels). Bills of lading must be annotated to reflect this requirement. Addresses for direct shipments within the contiguous United States (CONUS) and Canada are shown "in the clear" with each individual CLIN on schedule continuation sheet(s) in each order. Addresses for stock shipments are shown with each individual CLIN on schedule continuation sheet(s) in each order.

(End of Clause)

52.247-9036 SHIPPING INSTRUCTIONS (EXPORT) (NOV 2011) DLAD

52.247-9034 POINT OF CONTACT FOR TRANSPORTATION INSTRUCTIONS (JUN 2013) DLAD

52.247-9037 TRANSSHIPMENT OF MATERIAL THROUGH DLA CONTAINERIZATION AND CONSOLIDATION POINTS (CCP)

(NOV 2011) DLAD

SECTION I - CONTRACT CLAUSES

52.202-01 DEFINITIONS (NOV 2013) FAR

52.203-03 GRATUITIES (APR 1984) FAR

52.203-05 COVENANT AGAINST CONTINGENT FEES (APR 1984) FAR

52.203-06 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) FAR

52.203-07 ANTI-KICKBACK PROCEDURES (OCT 2010) FAR

52.203-08 CANCELLATION, RECISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

FAR

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) FAR

PAGE 18 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) FAR

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010) FAR

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) DFARS

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-RELATED FELONIES

(DEC 2008) DFARS

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012) DFARS

252.203-7004 DISPLAY OF FRAUD HOTLINE POSTER(S) (DEC 2012) DFARS

(2) If the contract is funded, in whole or in part, by Department of Homeland Security (DHS) disaster relief funds, the DHS fraud hotline poster shall be displayed in addition to the DoD fraud hotline poster. If a display of a DHS fraud hotline poster is required, the Contractor may obtain such poster from: http://www.dodig.mil/HOTLINE/hotline_posters.htm..

[Contracting Officer shall insert the appropriate DHS contact information or website.]

52.204-04 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) FAR

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUL 2013) FAR

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013) FAR

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

252.204-7004 ALTERNATE A, SYSTEM FOR AWRD MANAGEMENT (FEB 2014) DFARS

252.204-7012 SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION (NOV 2013) DFARS

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) DFARS

52.209-03 FIRST ARTICLE APPROVAL - CONTRACTOR TESTING (SEP 1989) FAR

(a) The Contractor shall test ONE unit(s) of Lot/Item 0001 as specified in this contract. At least 20 calendar days before the beginning of first article tests, the Contractor shall notify the Contracting Officer, in writing, of the time and location of the testing so that the Government may witness the tests.

(b) The Contractor shall submit the first article test report within 410 calendar days from the date of this contract to Robert Spadaro Jr DLA Troop Support 700 Robbins Ave (3-D-7533) Philadelphia, PA 19111 [insert address of the Government activity to receive the report] marked “First Article Test Report: Contract No. SPE8EC-14-D-0026, Lot/Item No. 0001” Within 45 calendar days after the Government receives the test report, 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.

52.209-03 FIRST ARTICLE APPROVAL - CONTRACTOR TESTING (SEP 1989), ALT I (JAN 1997) FAR

52.209-04 FIRST ARTICLE APPROVAL - GOVERNMENT TESTING (SEP 1989) FAR

(a) The Contractor shall deliver ONE unit(s) of Lot/Item 0001 within 410 calendar days from the date of this contract to the Government at Naval Support Facility (NSF) Dahlgren

PAGE 19 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

5493 Marple Rd (Suite 156) Dahlgren VA 22448 James Puffinburger james.puffinburger@navy.mil or 540-653-7348 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 45 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.

52.209-04 FIRST ARTICLE APPROVAL - GOVERNMENT TESTING (SEP 1989), ALT I (JAN 1997) FAR

52.209-06 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR SUSPENSION (AUG 2013) FAR

52.209-09 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) FAR

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database via https://www.acquisition.gov/https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for—

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A

TERRORIST COUNTRY (MAR 2014) DFARS

52.209-9017 FIRST ARTICLE – CONTRACTOR TESTING – ADDITIONAL REQUIREMENTS (NOV 2011) DLAD

(a) For the Lots/Items identified in this contract as requiring “Contractor First Article Test (FAT) (including test report)” in accordance with the clause at FAR 52.209-3, the Contractor shall—

(1) Conform with technical requirements stated and/or referenced in the solicitation; including number of units to be tested, data required, performance or other characteristics that the first articles shall meet, sequence of processes, tests to which the first articles shall be subjected, and conformance criteria for each requirement specified; and

(2) Provide all facilities, equipment and personnel required to perform the examination and evaluation of the first article when first article testing will be conducted at the Contractor's plant. The Government reserves the right to charge the Contractor for any additional costs

PAGE 20 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

https://www.acquisition.gov/ of examination and evaluation caused by failure of the Contractor to make available the first article or the required facilities, equipment or personnel, at the time the Contractor advised the testing would take place (see paragraph (a) of the clause at FAR 52.209-3).

(3) Prepare and disseminate the First Article Test Report as follows:

(i) Prepare the Test Report in accordance with Data Item Description DI-NDTI-80809B, entitled, “Test/Inspection Report;”

(ii) Mark the Test Report, “First Article Test Report – Contract Number: ________________ and Lot/Item Number: ____________ ;”

(iii) Present the test report to the inspecting activity quality assurance representative (QAR) for review. The QAR will –

(A) Prepare recommendations;

(B) Countersign the first article report;

(C) Forward two copies to the Contracting Officer at the buying activity; and

(D) Provide notification by e-mail, including award number, National Stock Number (NSN), and additive contract Line-item (CLIN) number, and provide copy of award, if not available in Electronic Document Access (EDA), to the Contracting Officer and to:

(1) For awards issued by DLA Land and Maritime DLA Land and Maritime FAT Monitor, BPI Post Office (P. O.) box 3990 Columbus, Ohio 43218-3990

(2) For awards issued by DLA Troop Support:

(i) DLA Troop Support Attention: First Article Testing Monitor Building 3 700 Robbins Avenue Philadelphia, Pennsylvania 19111; or

(ii) For acquisitions of Clothing and Textile (C&T) items, Medical and Subsistence items, and Meal, Ready-To-Eat (MRE) and Tray Pack Items, the Contracting Officer, who acts as FAT/Testing Monitor;

(3) For awards issued by DLA Aviation:

DLA Aviation Test Coordinator Office 8000 Jefferson Davis Highway Richmond, Virginia 23297-5516

(4) For awards issued by Naval Surface Warfare Center, Carderock Division:

Commanding Officer Naval Surface Warfare Center Code 954, Building 77L, Philadelphia Business Center, Carderock Division Philadelphia, Pennsylvania 19112-5083 Telephone: (215) 897-1146

(5) For awards issued by Naval Sea Systems Command, Washington Navy Yard:

Commander Naval Sea Systems Command, Sea 05M3 1333 ISAAC Hull Avenue, SE Stop 5160 Washington Navy Yard, District of Columbia (DC) 20376-5160 Telephone: (202) 781-3729

(iv) Submit the First Article Test Report to the Government activity specified in the contract within the number of calendar days from date of contract (or date of first delivery order, for indefinite delivery contracts) specified in the contract; accompanied by –

(A) Department of Defense (DD) Form 250, Material Inspection and Receiving Report, signed by the QAR and indicating Contract Quality Assurance was accomplished prior to signing the DD Form 250; and

(B) Contractor’s certification that the same processes and facilities used to manufacture the first article units will be used to manufacture the production units; and

(4) Pay all costs incurred for transportation of first article samples and test reports under this contract; and, if applicable, any costs of manufacturing and re-testing additional first articles, and administrative costs to the Government for re-procurement.

(b) The Contractor…