SPRDL120C0084.pdf

AWARD/CONTRACT 1. This Contract Is A Rated Order Under DPAS (15 CFR 700)

Rating Page Of Pages

2. Contract (Proc. Inst. Ident.) No. 3. Effective Date 4. Requisition/Purchase Request/Project No.

5. Issued By Code 6. Administered By (If Other Than Item 5) Code e-mail address:

7. Name And Address Of Contractor (No., Street, City, County, State and Zip Code) 8. Delivery

FOB Origin Other (See Below)

9. Discount For Prompt Payment

10. Submit Invoices Item (4 Copies Unless Otherwise Specified)

Code Facility Code To The Address Shown In:

11. Ship To/Mark For Code 12. Payment Will Be Made By Code

13. Authority For Using Other Than Full And Open Competition: 14. Accounting And Appropriation Data

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

15A. Item No. 15B. Supplies/Services 15C. Quantity 15D. Unit 15E. Unit Price 15F. Amount

15G. Total Amount Of Contract

16. Table Of Contents

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

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

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

C Description/Specs./Work Statement J List of Attachments

D Packaging and Marking Part IV - Representations And Instructions

E Inspection and Acceptance K Representations, Certifications, and F Deliveries or Performance Other Statements of Offerors G Contract Administration Data L Instrs., Conds., and Notices to Offerors

H Special Contract Requirements M Evaluation Factors for Award Contracting Officer Will Complete Item 17 (Sealed-Bid or Negotiated Procurement) Or 18 (Sealed-Bid Procurement) As Applicable

17. Contractor’s Negotiated Agreement (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all the services set forth or otherwise 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 to and governed by the following documents: (a) this award/contract, (b) the solicitation, if any, and (c) such provisions, representations, certifications, and specifications, as are attached or incorporated by reference herein. (Attachments are listed herein.)

18. Sealed-Bid Award (Contractor is not required to sign this document.) Your bid on Solicitation Number , including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as to the items listed above and on 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.)

19A. Name And Title Of Signer (Type Or Print) 20A. Name Of Contracting Officer

19B. Name of Contractor 19c. Date Signed 20B. United States Of America 20C. Date Signed

By By

(Signature of person authorized to sign) (Signature of Contracting Officer)

AUTHORIZED FOR LOCAL REPRODUCTION Standard Form 26 (Rev. 5/2011) Previous edition is NOT usable Prescribed By GSA - FAR (48 CFR) 53.214(a)

DOA4

SPRDL1-20-C-0084 2020JAN30 SEE SCHEDULE

SPRDL1

DLA LAND WARREN

WARREN, MI 48397-5000

NICHOLAS SOMMERS

NICHOLAS.W.SOMMERS.CIV@MAIL.MIL

S3306A

DCMA SYRACUSE

615 ERIE BLVD., WEST

SUITE 300

SYRACUSE NY 13204-2408

0L7R7

TECMOTIV (USA), INC.

1500 JAMES AVE

NIAGARA FALLS, NY 14305-1222

X

SEE SCHEDULE

HQ0337

DFAS-CO/NORTH ENTITLEMENT OPERATION

P.O. BOX 182317

COLUMBUS OH 43218-2266

SEE SECTION G

SEE SCHEDULE

$465,623.00

X

2 signed

ERIC TUCKER

ERIC.E.TUCKER2.CIV@MAIL.MIL (586)467-1188

/SIGNED/ 2020JAN30

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X 1

X 4

X 7

X 10

X 12

X 13

X 17

X 19

X 20

CONTINUATION SHEET

Reference No. of Document Being Continued Page of

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION A - SUPPLEMENTAL INFORMATION

Buyer Name: NICHOLAS SOMMERS

Buyer Office Symbol/Telephone Number: ZGAB/(586)467-1253

Type of Contract 1: Firm Fixed Price

Kind of Contract: Supply Contracts and Priced Orders

Type of Business: Other Small Business Performing in U.S.

Surveillance Criticality Designator: B

*** End of Narrative A0000 ***

A.1 LIMITATIONS ON SUBCONTRACTING COMPLIANCE AND REPORTING REQUIREMENTS--SUPPLIES

(a) Small Business Prime Contractor or 8(a) participant Requirement: This is applicable to the small business prime contractor or 8(a) participant prime contractor, who is required to perform a certain percentage of work with its own employees or, in the case of supplies, a percentage of the cost of manufacturing in accordance with the requirements and FAR 52.219-14 'Limitations on

Subcontracting' (Jan 2019)(Deviation 2019-O0003).

(b) Similarly situated entity means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform.

(c) Supplies: Where the contractor must meet the applicable percentage of work requirement as identified in FAR 52.219-14(e)(2) (Jan

2019)(Deviation 2019-O0003), the Contractor shall submit a semi-annual report to the Contracting Officer documenting compliance with FAR

52.219-14(e)(2). If the required percentage is not being met, the Contractor shall also include, with the semiannual report, a plan to meet the required percentage before the contract end date.

(d) The contractor will identify the portion of work that will be performed by the prime Contractor, identify both similarly situated and not similarly situated subcontractors, including third tier subcontractors, and amount paid to those entities below:

Clearly describe the Work to be Performed by Prime Contractor Personnel:

Subcontracts (Include third tier subcontractors):

(a) Similarly Situated:

Work

Subcontracting Value Being

Name/CAGE excluding material costs) Performed

(b) Non Similarly Situated:

Work

Subcontracting Value Being

Name/CAGE excluding material costs) Performed

************ End of Narrative A.1 ************

*** END OF NARRATIVE A0001 ***

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SPRDL1-20-C-0084

TECMOTIV (USA), INC.

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

The purpose of Amendment 0001 to Solicitation SPRDL1-20-R-0027 is to extend the closing date to 10 January 2020 at 5:00 PM EST.

*** END OF NARRATIVE A0002 ***

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PIIN/SIIN

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

This Procurement is a Total Small Business Set-Aside.

(End of narrative A001)

0001 DRIVE UNIT,ANGLE

NSN: 3010-01-485-0432

Mfr CAGE: 19207

Mfr Part Number: 10863320-1

0001AA PRODUCTION QUANTITY 359 EA $ 1,297.00000 $ 465,623.00 ___________________ ______________ __________________

COMMODITY NAME: DRIVE UNIT,ANGLE

CLIN CONTRACT TYPE:

Firm Fixed Price

PRON: EH9C1179EH PRON AMD: 03 ACRN: AA

AMS CD: SM2B1100000

PSC: 3010

Description/Specs./Work Statement _________________________________

TOP DRAWING NR: 10863320-1:19207

DATE: 05-JUL-2001

The Technical Data Package (TDP) for this item contains purchased parts. Refer to the product drawing(s) for details.

(End of narrative C001)

Packaging and Marking _____________________

PACKAGING/PACKING/SPECIFICATIONS:

SEE PACKAGING CLAUSE FOR DETAILS

UNIT PACK: 001

LEVEL PRESERVATION: Military

LEVEL PACKING: B

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

Inspection/Acceptance at origin means that you MUST contact the DCMA to arrange for a Government inspection BEFORE you ship the supplies called out in this order. Failure to have the items inspected and accepted will result in their rejection at the destination. The rejected supplies will be returned to you at your expense.

(End of narrative E001)

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Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

Deliveries or Performance _________________________

DOC SUPPL

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

001 W56HZV9161968Z W562RP J 2

DEL REL CD QUANTITY DEL DATE __________ ______________ ___________

001 359 02-OCT-2020

FOB POINT: Destination

SHIP TO:

(W562RP) SR ARMY GENERAL SUPPLY LMP STOCK RE

CENTRAL RECEIVING POINT

7 FRANKFORD AVE BLDG 362

ANNISTON,AL,36201-4199

0002 DRIVE UNIT, ANGLE

Mfr CAGE: 19207

Mfr Part Number: 10863320-1

0002AA UNEXERCISED OPTION QUANTITY 359 EA $ 1,256.33000 $ 451,022.47 ___________________________ ______________ __________________

COMMODITY NAME: DRIVE UNIT, ANGLE

CLIN CONTRACT TYPE:

Firm Fixed Price

PSC: 3010

OPTION QUANTITY,

PURSUANT TO THE CLAUSE ENTITLED OPTION FOR

INCREASED QUANTITY --- SEPARATELY PRICED LINE ITEM

(52.217-4001).

The quantity stated for the option CLIN DOES NOT Form a part of the basic contractual quantity. Part or all of it may, however, be added to the contract by exercise of the option clause, at the discretion of the Government.

(End of narrative B001)

Description/Specs./Work Statement _________________________________

TOP DRAWING NR: 10863320-1:19207

DATE: 05-JUL-2001

The Technical Data Package (TDP) for this item contains purchased parts. Refer to the product drawing(s) for details.

(End of narrative C001)

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Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

Packaging and Marking _____________________

PACKAGING/PACKING/SPECIFICATIONS:

SEE PACKAGING REQUIREMENTS CLAUSE FOR DETAILS

UNIT PACK: 001

LEVEL PRESERVATION: Military

LEVEL PACKING: B

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

Inspection/Acceptance at origin means that you MUST contact the DCMA to arrange for a Government inspection BEFORE you ship the supplies called out in this order. Failure to have the items inspected and accepted will result in their rejection at the destination. The rejected supplies will be returned to you at your expense.

(End of narrative E001)

Deliveries or Performance _________________________

DOC SUPPL

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

DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________

001 359 0245

FOB POINT: Destination

SHIP TO:

(W562RP) SR ARMY GENERAL SUPPLY LMP STOCK RE

DLA DISTRIBUTION ANNISTON

7 FRANKFORD AVE 362

ANNISTON,AL,36201-4199

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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Technical Data Package Information (DoD Safe Site) Version__________________________________________________________

The following Xd item applies to this solicitation:

[ ] 1. There is no Technical Data Package (TDP) included with this solicitation.

[ X ] 2. This solicitation contains one or more TDPs.

To access the TDP, you will need to send an e-mail request to the Contract Specialist listed on the cover page of this solicitation.

Include the following information in the body of the email:

1. Solicitation Number

2. Contractor Name

3. Data Custodian Name

4. Data Custodian's Email

5. Cage Code

a. If solicitation is Export Controlled:

(1) TDPs that have an Export Control Warning Notice are subject to the Arms Export Control Act (Title 22, U.S.C., Sec

2751, et.seq.) or the Export Administration Act of 1979, as amended, Title 50, U.S.C, App. 2401 et. seq..

(2) Further dissemination must be in accordance with provisions of DoD Directive 5230.25. This also applies to distribution of the TDP to all SUBCONTRACTORS at every level.

(3) To obtain these TDPs, vendors and contractors must have a current DD 2345, Militarily Critical Technical Data

Agreement on file with Defense Logistics Information Service (DLIS). If you are currently certified, your Marketing Partner

Identification Number (MPIN) will be verified and the TDPs will be provided to you. To obtain certification, go to https://public.logisticsinformationservice.dla.mil/PublicHome/jcp/default.aspx click on documents and follow instructions provided.

Processing time is estimated at six (6) to ten (10) weeks after receipt. The Contract Specialist will provide the export controlled

TDPs once certification is confirmed.

(4) Upon completion of the purposes for which Government Technical Data has been provided, the Contractor is required to destroy all documents, including all reproductions, duplications, or copies thereof as may have been further distributed by the

Contractor. Destruction of this technical data shall be accomplished by: shredding, pulping, burning, or melting any physical copies of the TDP and/or deletion or removal of downloaded TDP files from computer drives and electronic devices, and any copies of those files.

b. If multiple individuals in your company need access to the Technical Data Package (TDP) for a solicitation, each individual MUST

Request Access by emailing the Contracting Specialist listed on the cover page of this solicitation. Those same individuals MUST be registered for a beta.sam.gov account through https://login.gov . Any individuals no longer with the company should be deleted.

Questions related to registration in https://login.gov should be directed to https://login.gov/help/ . Questions related to accounts in beta.sam.gov should be directed to https://beta.sam.gov/help/ . Vendors are responsible for placing correct information in login.gov and beta.sam.gov accounts.

c. It is strongly suggested that you submit an e-mail request and provide the contract specialist with the completed Use and Non-

Disclosure Agreement at the same time if the solicitation requires both to gain access to view the TDP.

[ ] 3. The Government requires a Use and Non-Disclosure Agreement (NDA) to be signed by an authorized representative of your firm before you are granted access to the technical data. The appropriate Agreement is titled N/A, and is:

[ ] available by emailing the contract specialist listed on page 1 of this solicitation.

[ ] available as an attachment to this solicitation.

Follow the instructions on the Agreement, and email it to the contract specialist at N/A. If you have any questions/problems viewing the

TDP contact the contract specialist.

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************ End of Narrative ************

C.11 Drawing Limitations

(a) The drawings supplied with this contract are not shop or process drawings. They are engineering design drawings. They are adequate to permit manufacture, and:

(1) depict the completed (item(s), and

(2) serve as the basis for inspection of the completed item(s).

(b) These drawings DON'T cover intermediate drawings/specifications or steps in the manufacturing process. As a result, even if you meet all the dimensions and tolerances specified in the engineering design drawing for each individual part, a cumulative unacceptable fit for the contract item could result.

(c) The Contractor is responsible for producing the shop or process drawings needed to cover intermediate steps in the manufacturing process.

(d) The Contractor is responsible for obtaining all specifications and drawings necessary to manufacture the items being solicited in accordance with the TDP including all incorporated specifications and drawings. Delivery delays are not excusable where the contractor asserts that it did not have a specification or drawing and has failed to request, in writing, the specification from either the Contracting Officer or Contract Specialist prior to the solicitation closing date.

(e) If you fail to produce an end item with a cumulative fit that conforms to Government drawings, specifications or other supplemental manufacturing documentation, you'll be responsible for correcting this condition at no additional cost to the Government and no delivery schedule extension.

************ End of Narrative C.11 ************

C.13 Configuration Control Engineering Changes

(a) The contractor may submit Engineering Change Proposal(s) (ECPs) and Request for Variance(s) (RFVs) for the requirements in the

Government provided Technical Data Package (TDP). If a Value Engineering Change Proposal(s) (VECPs) clause is included on this contract, VECPs shall be submitted in the same manner as ECPs.

(1) ECPs - The contractor may request a permanent change to the requirements specified in the TDP or any other baseline documentation by submitting an ECP. ECPs shall be submitted to include all NORs necessary to completely define the requested change. Each ECP shall be accompanied with at least one NOR per affected document. The contractor shall not present any production items for acceptance that incorporate any change to the TDP or other baseline documentation until notified by the Government the ECP has been approved and incorporated in the contract.

(i) Page 1 of DD Form 1692 (or equivalent) shall be submitted for all ECPs. Pages 2-7 of DD Form 1692 shall be submitted when required to properly explain all the potential logistics and technical impacts of the proposed change. DD Form 1695 NOR or DD Form 1695-1

Tabulated NOR (or equivalents) shall be submitted to completely describe the desired change on each affected document.

(ii) All ECPs submitted by the contractor will be routine priority unless otherwise justified. If the contractor considers the ECP to be emergency or urgent, they shall include justification within 48 hours of submittal of the ECP.

(2) RFVs - The contractor may request to temporarily depart from a requirement specified in the TDP or any other baseline documentation, by submitting an RFV. RFVs may be submitted either pre-production (formerly known as Request for Deviation (RFD)) or post-production and prior to acceptance by the Government (formerly known as Request for Waiver (RFW)). DD Form 1694 (or equivalent) shall be submitted for all RFVs. The contractor shall not present any production items for acceptance with any nonconformance to the requirements in the TDP or other baseline documentation until notified by the Government the RFV has been approved and incorporated in the contract.

(b) Submission of requested changes - The submission of an ECP or RFV by the Contractor does not affect the required delivery dates specified within the contract, shall not constitute excusable delay in the performance of this Contract by the Contractor or in any way relieve the contractor from compliance with the contract delivery schedule. If a delivery date change is needed, it must be negotiated with the Contracting Officer and documented via modification to the contract. The submission of an ECP and/or RFV by the Contractor shall not preclude the Government from exercising its rights under any clause of the Contract.

(c) Specifications - Permanent proposed changes to specifications which are part of the TDP or baseline documentation shall be requested with an ECP and NOR (i.e. Specification Change Notices (SCNs) are not required).

(d) Forms If any of the above listed forms are not included with the solicitation or contract, the contractor may locate forms on the

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DOD Forms Website (http://www.dtic.mil/whs/directives/forms/ ) or contact the contract specialist listed on page 1 of the solicitation or contract for copies of the forms.

************ End of Narrative C.13 ************

C.15 Acquisition of Manufacturers Part Number: Components

One or more of the drawings for part of the contract item set forth in the Schedule and in the Technical Data Package specify manufacturer's part numbers. Since complete Government technical data for such part or parts are not available, it is understood that the Contractor, by accepting this contract, agrees to furnish only the listed manufacturer's part number(s) for those components of the contract item, except as provided in the provision entitled NOTICE REGARDING "SOURCE-CONTROLLED" COMPONENTS. (In Section L or near the end of this solicitation.) It is further understood and agreed that references to manufacturer's part numbers herein shall be deemed to include all changes or revisions thereto which the approved manufacturer has made effective as of the first date of delivery of any of the items under this contract; provided, that no change or revision that affects the interchangeability (ability to be interchanged with previous parts and to match with all mating parts when assembled) of the listed manufacturer's part shall be incorporated into the contract item without the prior written approval of the Procuring Contracting Officer

************ End of Narrative C.15 ************

C.18 Use of Class 1 Ozone Depleting Substances (CIODS)

(a) Definitions.

(1) Class I and Class II Ozone-Depleting Substances (CIODS) refers to the class of substances identified in Section 602(a) of the Clean Air Act, (42 U.S.C. 7671a(a)), complete list provided at: http://www.epa.gov/ozone/science/ods/index.html .

(2) Directly requires the use of CIODS means that the Government's specification or technical data package, at any tier, explicitly requires the use of any Class I Ozone-Depleting Substance (CIODS) in performance of the contract.

(3) Indirectly requires the use of CIODS means that the Government's specification or technical data package, while not explicitly requiring the use of any CIODS, does require a feature that you can meet or produce only by the use of CIODS.

(b) No CIODS shall be used in meeting the requirements of this contract. If the use of CIODS is required in the performance of this contract, please notify the Contracting Officer immediately in writing.

(c) No Class II Ozone Depleting Substances shall be required in the performance of this contract without government approval. If the use of Class II ODS is required in the performance of this contract, please notify the Contracting Officer immediately in writing

************ End of Narrative C.18 ************

*** END OF NARRATIVE C0001 ***

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SECTION D - PACKAGING AND MARKING

D.6 Packaging Requirements (Special Packaging Instructions)

(a) Military preservation, packing, and marking for this contract/order shall be accomplished in accordance with the specific requirements identified below, all the applicable requirements of MIL-STD-2073-1, and the Special Packaging Instruction, see below.

(1) LEVEL OF PRESERVATION: Military

(2) LEVEL OF PACKING: B

(3) QUANTITY PER UNIT PACKAGE: 001

(4) SPECIAL PACKAGING INSTRUCTION NUMBER. AK07121280

(a) REVISION L

(b) DATE OF REVISION 3/12/90

(c) THE REQUIRED SPECIAL PACKAGING INSTRUCTION (SPI) IS AVAILABLE ON THE WEB AT THE FOLLOWING URL:

https://www.beta.sam.gov

(Note: You must have the Adobe Acrobat reader installed on your PC to view the SPI. See Adobes website (http://get.adobe.com/reader/ for information on obtaining the latest version of the reader. If you're experiencing problems opening the Special Packaging

Instructions in Adobe .PDF images using Internet Explorer, try the following: Go to "Tools," then "Internet Options." Click on the

"Advanced" tab. Scroll down to the "Security" section. Uncheck "Do not save encrypted pages to disk." Click "Apply." Click "OK.")

(b) Unitization: Shipments of identical items going to the same destination shall be palletized if they have a total cubic displacement of 50 cubic feet or more unless skids or other forklift handling features are included on the containers. Pallet loads must be stable, and to the greatest extent possible, provide a level top for ease of stacking. A palletized load shall be of a size to allow for placement of two loads high and wide in a conveyance. The weight capacity of the pallet must be adequate for the load. The preferred pallet is a 40 x 48 inch, 4-way entry pallet although variations may be permitted as dictated by the characteristics of the items being unitized. The load shall be contained in a manner that will permit safe handling during shipment and storage.

(c) Marking:

(1) In addition to any special markings called out on the SPI, all unit packages, intermediate packs, exterior shipping containers, and, as applicable, unitized loads shall be marked in accordance with MIL-STD-129, Revision R, including bar coding and

Military Shipment Label (MSL). The contractor is responsible for application of special markings as discussed in the Military Standard regardless of whether specified in the contract/order or not. Special markings include, but are not limited to, Shelf-life markings, structural markings, and transportation special handling markings. The marking of pilferable and sensitive materiel will not identify the nature of the materiel.

(2) Passive RFID tagging is required in all contracts that contain DFARS clause 252.211-7006. For details and most recent information, see http://www.acq.osd.mil/log/sci/ait.html for the current DoD Suppliers Passive RFID Information Guide.

When an item is assigned a Unique Item Identifier (UII) as indicated by the inclusion of contract clause DFARS 252.211-7006, refer to the DoD Guide to Uniquely Identifying Items for development of the UII and MIL-STD-129, Revision R for UII package marking requirements.

Contractors must verify the RFID and UII clauses cited above are included in this solicitation/contract.

(d) Heat Treatment and Marking of Wood Packaging Materials (WPM):

(1) In accordance with DOD 4140.625-M and the requirements of the International Standards for Phytosanitary Measures 15

(ISPM), Regulation of Wood Packaging Material in International Trade, current edition, (hereinafter ISPM 15), the following commercial heat treatment and marking process has been approved by the American Lumber Standards Committee (ALSC) and is required for all Wood

Packaging Material (WPM). Foreign manufacturers shall comply with ISPM 15, and have the WPM heat treatment and marking verified in accordance with their National Plant Protection Organizations compliance program.

(2) Boxes/pallets and any wood used as inner packaging made of non-manufactured wood shall be heat-treated. All WPM using a conventional steam or dry kiln heat chamber (treatment code for the mark: HT) shall be heat treated to a minimum core temperature of 56 degrees Celsius for a minimum of 30 minutes, and certified by an agency accredited by the ALSC in accordance with Wood Packaging

Material Policy and Wood Packaging Material Enforcement Regulations (see URL: http://www.alsc.org ). WPM heat treated wood using dielectric heating (treatment code for the mark: DH) shall follow the requirements in ISPM 15, and shall be certified by an agency accredited by the ALSC in accordance with Wood Packaging Material Policy and Wood Packaging Material Enforcement Regulations (see URL:

http://www.alsc.org ). The box/pallet manufacturer and the manufacturer of wood used as inner packaging shall ensure the materials used in manufacture can be traced to the original source of heat treatment, and that the original source of the heat treatment obtained the

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necessary certifications.

(3) Marking. Each box/pallet shall be marked to show the conformance to the International Plant Protection Convention

Standard. The ALSC approved quality mark shall be placed on both ends of the outer packaging, between the end cleats or end battens.

Pallet markings shall be applied to the side of the stringer or end of the block on diagonally opposite sides and ends of the pallet and be contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ALSC approved DUNNAGE stamp.

(e) Hazardous Materials (As applicable):

(1) Hazardous Materials is defined as a substance, or waste which has been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce and which has been so designated.

(This includes all items listed as hazardous in Titles 29, 40 and 49 CFR and other applicable modal regulations effective at the time of shipment.)

(2) Unless otherwise specified, packaging and marking for hazardous material shall comply with the requirements herein for the mode of transport and the applicable performance packaging contained in the following documents:

- International Air Transport Association (IATA) Dangerous Goods Regulations

- International Maritime Dangerous Goods Code (IMDG)

- Code of Federal Regulations (CFR) Title 29, Title 40 and Title 49

- Joint Service Regulation AFJMAN24-204(I)/TM38-250/NAVSUPPUB 505/MCO

P4030.19(I)/DLAM 4145.3(I) (for military air shipments).

(3) If the shipment originates from outside the continental United States, the shipment shall be prepared in accordance with the United Nations Recommendations on the Transport of Dangerous Goods in a manner acceptable to the Competent Authority of the nation of origin and in accordance with regulations of all applicable carriers.

A Product Material Safety Data Sheets (MSDS) is required to be included with every unit pack and intermediate container and shall be included with the packing list inside the sealed pouch attached to the outside of the package.

(f) This SPI has been validated and the method of preservation/packing has proven successful in meeting the needs of the military distribution system, including indeterminate storage and shipment throughout the world. Special instructions and/or tailoring of the

SPI is detailed in the Supplemental Instructions below. A prototype package is required to validate the sizes and fit requirements of the SPI. Minor dimensional and size changes are acceptable provided contractor provides the PCO and ACO with notification 60 days prior to delivery. Any design changes or changes in the method of preservation that provide a cost savings without degrading the method of preservation or packing or affecting the serviceability of the item will be considered and responded to within 10 days of submission to

PCO and ACO. Government reserves the right to require testing to validate alternate industrial preservation methods, materials, alternate blocking, bracing, cushioning, and packing.

(g) SUPPLEMENTAL INSTRUCTIONS: Flush and Slush internally with MIL-PRF-32033. Drain thoroughly, apply MIL-PRF-32033 to unpainted exterior surfaces. Preserve and pack IAW MOP 42 and SPI AK07121280. Use wrap GH and cushioning JC as needed. Unit container = Box EC within Bag BS within Box ED.

************ End of Narrative D.6 ************

*** END OF NARRATIVE D0001 ***

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SECTION E - INSPECTION AND ACCEPTANCE

E.18 Inspection and Acceptance Points - Origin

The Government's inspection and acceptance of the supplies offered under this contract/purchase order shall take place at ORIGIN.

Offeror must specify below the exact name, address, and CAGE of the facility where supplies to be furnished under this contract/purchase order will be available for inspection/acceptance.

INSPECTION POINT:

TECMOTIV (USA) INC., 0L7R7 _______________________________________________________

(Name) (CAGE)

1500 JAMES AVE NIAGARA FALLS NY 14305_______________________________________________________

(Address) (City) (State) (Zip)

ACCEPTANCE POINT:

TECMOTIV (USA) INC., 0L7R7_______________________________________________________

(Name) (CAGE)

1500 JAMES AVE NIAGARA FALLS NY 14305_______________________________________________________

(Address) (City) (State) (Zip)

************ End of Narrative E.18 ************

E.26 Interchangeability of Components

(a) DESIGN CHANGES TO ITEMS NOT UNDER GOV'T DESIGN CONTROL. Once the Government accepts the first production test item, or accepts the first end item you deliver, (whichever comes first) you must not make design changes to any item or part that is not under

Government design control.

(b) WHEN THE POLICY CAN BE WAIVED. The Procuring Contracting Officer (PCO) will consider waiving this policy at your request. If your request reaches the PCO after the first production item test has been performed, then we may conduct another first production test at your expense.

(c) PRODUCTION OR DELIVERY DELAYS. Any production or delivery delays caused by this retesting will not be the basis for:

(1) an "excusable delay" as defined in the DEFAULT clause of this contract.

(2) be the basis for an increase in contract price or delivery schedule extension.

************ End of Narrative E.26 ************

*** END OF NARRATIVE E0001 ***

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

E-1 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE AUG/1996

E-2 52.246-16 RESPONSIBILITY FOR SUPPLIES APR/1984

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SECTION F - DELIVERIES OR PERFORMANCE

F.1 Delivery Schedule

(a) Delivery under this contract must conform to the required schedule specified below, unless acceleration is acceptable.

(b) DEFINITIONS:

(1) DAYS means the number of days after the date of contract award when you must deliver the stated quantity (QTY) of supplies.

(2) DELIVERY is defined as follows:

FOB Origin - Contractor is required to deliver its shipment as provided in FAR 52.247-29(a)(1)-(4) by the time specified in the individual contract; or

FOB Destination - Contractor is required to deliver its shipment as provided in FAR 52.247-34(a)(1)-(2) by the time specified in the individual contract. The contractor must take into consideration the length of time necessary to deliver its shipment to the destination designated in the contract, to ensure that the item reaches its destination by the time reflected in the contract.

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

(1) GOVERNMENT REQUIRED DELIVERY SCHEDULE WITH FIRST ARTICLE TEST (FAT)

ITEM NO. QTY WITHIN DAYS AFTER DATE OF

CONTRACT AWARD

N/A

(2) GOVERNMENT REQUIRED DELIVERY SCHEDULE IF THERE IS NO FIRST ARTICLE TEST (FAT), OR IF FAT IS WAIVED

ITEM NO. QTY WITHIN DAYS AFTER DATE OF

CONTRACT AWARD

CLIN 0001AA 359 02 OCTOBER 2020

CLIN 0002AA 359 245 DAYS (IF OPTION IS EXERCISED)

(d) Accelerated delivery schedule IS acceptable.

(e) If an accelerated delivery schedule is not acceptable, the required delivery schedule above will apply. If it is acceptable, you may propose an accelerated delivery schedule at no additional cost; fill in the appropriate information here:

(1) OFFERORS PROPOSED ACCELERATED DELIVERY SCHEDULE WITH FIRST ARTICLE TEST (FAT)

ITEM NO. QTY WITHIN DAYS AFTER DATE OF

CONTRACT AWARD

(2) OFFERORS PROPOSED ACCELERATED DELIVERY SCHEDULE WITHOUT FIRST ARTICLE TEST (FAT), or IF FAT IS WAIVED

ITEM NO. QTY WITHIN DAYS AFTER DATE OF

CONTRACT AWARD

************ End of Narrative F.1 ************

F.5 DEPOT ADDRESS FOR THE APPLICABLE MODE OF SHIPMENTS: IN-THE-CLEAR ADDRESSES

Rail/ Motor SPLC*: 206721 and 209405

MILSTRIP Address Code: W2561U

Rail Ship to: Transportation Officer

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Defense Dist. Depot

Susquehanna

New Cumberland, PA

Motor Ship to: Transportation Officer

Defense Dist. Depot

Susquehanna

New Cumberland, PA

Parcel Post Mail to: Transportation Officer

Defense Dist. Depot

Susquehanna

New Cumberland, PA 17070-5001

NOTE: All deliveries to New Cumberland MUST be scheduled at least 10 days prior to the delivery date. The carrier or contractor must call the New Cumberland DDSP customer service number, 800-307-8496 and provide the following information: contract number, item name, National Stock Number, total weight and cube, and vendor. All shipments to this MILSTRIP address code (W25G1U) are for mission stock and they will need to know that as well, but if you have instructions from the Contracting Officer to use MILSTRIP address code W25N14 instead, you must inform the appointment-taker that the delivery is for Consolidation and Containerization Point (CCP) stock.

Appointments for FOB Origin shipments should be coordinated with DCMA Transportation.

Rail/ Motor SPLC*: 875670 and 875675

MILSTRIP Address Code: W62G2T

Rail Ship to: Transportation Officer

XU Def Dist. Depot

San Joaquin

2600 S. Chrisman Rd.

Rec Whse 10

Tracy, CA 95376-5000

Motor Ship to: Transportation Officer

XU Def Dist. Depot

San Joaquin

2600 S. Chrisman Rd.

Rec Whse 10

Tracy, CA 95376-5000

Parcel Post Mail to: Transportation Officer

Dist. Depot San Joaquin

P.O. Box 96001

Stockton, CA 95296-0130

Rail/ Motor SPLC*: 471995 and 471996

MILSTRIP Address Code: W31G1Z

Rail Ship to: Transportation Officer

Anniston Army Depot

Bynum, AL

Motor Ship to: Transportation Officer

Anniston Army Depot

Bynum, AL

Parcel Post Mail to: Transportation Officer

Anniston Army Depot

Bynum, AL 36201-5021

Rail/ Motor SPLC*: 209741 and 209770

MILSTRIP Address Code: W25G1R

Rail Ship to: Transportation Officer

Letterkenny Army Depot

Culbertson, PA

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Motor Ship to: Transportation Officer

Letterkenny Army Depot

Chambersburg, PA

Parcel Post Mail to: Transportation Officer

Letterkenny Army Depot

Chambersburg, PA 17201-4150

Rail/ Motor SPLC*: 661136 and 661157

MILSTRIP Address Code: W45G19 and W562RM

Rail Ship to: Transportation Officer

Red River Army Depot

Defense, TX

Motor Ship to: Transportation Officer

Red River Army Depot

Texarkana, TX

Parcel Post Mail to: Transportation Officer

Red River Army Depot

Texarkana, TX 75507-5000

NOTE: Drivers must schedule an appointment for delivery at least 24 hours in advance. Deliveries will be scheduled for Monday-Friday, 0700-1300. E-mail or fax the PCO at CML (903)334-2208 or CML (903)334-2881. POC's are available Monday-Saturday, 0700-1730 with the exception of government holidays. For directions, please call CML (903)334-3060. Trucks enter through the commercial carrier route entrance and report to building 23 Truck Control 30 minutes prior to their scheduled appointment. Carriers that arrive at Truck Control without appointments will be placed at the end of the day's schedule unless there is an earlier opening and will be worked/unloaded as soon as possible.

POCs: ddrt-appt@dla.mil, Randy Cox, CML (903)334-2945, Randy.Cox@dla.mil

Angela Carr, CML (903)334-4950 Angela.Carr@dla.mil

Jane Haley, CML (903)334-4671 Jane.Haley@dla.mil

Darlene Phelps, CML (903)334-3818 Darlene.Phelps@dla.mil.

Rail/ Motor SPLC*: 764538 and 764535

MILSTRIP Address Code: W67G23

Rail Ship to: Transportation Officer

Tooele Army Depot

Warner, UT

Motor Ship to: Transportation Officer

Tooele Army Depot

Warner, UT

Parcel Post Mail to: Transportation Officer

Tooele Army Depot

Warner, UT 84074-5003

*** SPLC indicates Standard Point Locator Code.

NOTE: The following is applicable only when so specified in an individual order or delivery increment:

This requirement is a depot replenishment buy, a portion of which is or may be required to fill Direct Support System (DSS) requisitions. Shipment shall be made, as specified, to one or more of:

New Cumberland Army Depot

Red River Army Depot

Sharpe Army Depot prior to shipments to any other depots as may be designated. When more than one depot is designated for DSS shipments, priority shipments will be made equally to each of the designated destinations.

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************ End of Narrative F.5 ************

*** END OF NARRATIVE F0001 ***

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

F-1 52.211-17 DELIVERY OF EXCESS QUANTITIES SEP/1989

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

F-3 52.242-17 GOVERNMENT DELAY OF WORK APR/1984

F-4 52.247-34 F.O.B. DESTINATION NOV/1991

F-5 52.247-48 F.O.B. DESTINATION--EVIDENCE OF SHIPMENT FEB/1999

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SECTION G - CONTRACT ADMINISTRATION DATA

PRON/ PRON/

AMS CD/ AMS CD/

LINE MIPR/ OBLG JO NO/ OBLIGATEDLINE MIPR/ OBLG JO NO/ OBLIGATED

ITEM GFEBS ATA STAT ACCT ASSIGN ACRN AMOUNTITEM GFEBS ATA STAT ACCT ASSIGN ACRN AMOUNT_____ _________ _____ ___________ ____ _______________ _________ _____ ___________ ____ __________

0001AA EH9C1179EH 2 AA $ 465,623.00

SM2B1100000

TOTAL $ 465,623.00

OBLIGATED OBLIGATED

ACRN ACCOUNTING CLASSIFICATION AMOUNTACRN ACCOUNTING CLASSIFICATION AMOUNT____ _________________________ ______________ _________________________ __________

AA 97 X4930AC9D 6D 26KB S20113 W56HZV $ 465,623.00 __________________

TOTAL $ 465,623.00

LINELINE

ITEM ACRN EDI/SFIS ACCOUNTING CLASSIFICATIONITEM ACRN EDI/SFIS ACCOUNTING CLASSIFICATION_____ ____ _______________________________________ ____ __________________________________

0001AA AA 97 0X0X4930AC9D S20113 6D0000SM2B110000026KB S20113 W56HZV

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

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

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

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

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

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

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

Receiving Reports.

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

Receiving Reports.

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

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

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

Web site.

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

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

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

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

Protocol.

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

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

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

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(ii) For fixed price line items--

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

See Schedule

(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.

Combo Invoice/Receiving Report

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

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

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

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

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

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

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 See page 1 or schedule

Issue By DoDAAC See page 1 or schedule

Admin DoDAAC See page 1 or schedule

Inspect By DoDAAC See page 1 or schedule

Ship To Code See page 1 or schedule

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

Payment, as applicable.

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

(g) WAWF point of contact.

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

N/A

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

(End of clause)

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 Required Use of Electronic Contracting

(a) All contract awards, modifications, and delivery orders issued by DLA Land Warren will be issued electronically. The contractor has the option to receive these actions either via the Worldwide Web (WWW) or Electronic Data Interchange (EDI). Many provisions/clauses appear "by reference," meaning only clause titles and regulation cite are listed; their full texts can be found at the website: http://farsite.hill.af.mil/

(b) In order to be eligible to receive an award under this solicitation, the successful offeror must be registered with the Department of Defense (DOD) System for Award Management (SAM). The SAM registration process may be done electronically at the World Wide Web (WWW) site: https://www.sam.gov/portal/public/SAM .

(c) The contractor will receive an electronic notice of the Award, Modification, or Delivery Order via e-mail.

************ End of Narrative H.1 ************

*** END OF NARRATIVE H0001 ***

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SECTION I - CONTRACT CLAUSES

I.2 Separately Priced Option for Increased Quantity

(a) The Government may require the delivery of the numbered item, identified in the schedule as an option item, in the quantity and at the price stated in the schedule. This option may be exercised by the Government at any time, but in any event not later than 365 days after either (i) award or, if FAT is required, (ii) after FAT approval. In addition, such option may be exercised in increments, subject to the stated total additional quantity limitations, price(s), and the above-stated time for exercise of the option.

(b) Delivery of the items added by the exercise of this option shall continue immediately after, and at the same rate as, delivery of like items called for under this contract, unless the parties hereto otherwise agree.

(c) Additionally, prior to the expiration of the original option period identified in paragraph (a) above, the Government may seek a bilateral extension of the option period for an additional period not to exceed 90 days from the expiration date of the original option period.

************ End of Narrative I.2 ************

I.3 Mandatory Use of Contractor to Government Electronic Communication

(a) All references in the contract to the submission of written documentation shall mean electronic submission.

(b) This shall include all written unclassified communications between the Government and the Contractor except contract awards and contract modifications which shall be posted on the internet. Return receipt shall be used if a commercial application is available. Classified information shall be handled in full accordance with the appropriate security requirements.

(c) In order to be contractually binding, all Government communications requiring a Contracting Officer signature must be sent from the Contracting Officer's e-mail address. The Contractor shall designate the personnel with signature authority who can contractually bind the contractor. All binding contractor communication shall be sent from this contractor e-mail address(es).

(d) Upon award, the Contractor shall provide the Contracting Officer with a list of e-mail addresses for all administrative and technical personnel assigned to this contract.

(e) Unless exempted by the Procuring Contracting Officer in writing, all unclassified written communication after contract award shall be transmitted electronically.

************ End of Narrative I.3 ************

*** END OF NARRATIVE I0001 ***

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

I-1 52.202-1 DEFINITIONS NOV/2013

I-2 52.203-3 GRATUITIES APR/1984

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

I-4 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT SEP/2006

I-5 52.203-7 ANTI-KICKBACK PROCEDURES MAY/2014

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

IMPROPER ACTIVITY

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

I-8 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS OCT/2010

I-9 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER MAY/2011

I-10 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS OCT/2018

I-11 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT/2018

I-12 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL/2016

I-13 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,…