SPRDL124R0021-0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. Contract ID Code Page Of

2. Amendment/Modification No.

3. Effective Date

4. Requisition/Purchase Req No.

5. Project No. (If applicable)

6. Issued By Code 7. Administered By (If other than Item 6) Code

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

9A. Amendment Of Solicitation No.

9B. Dated (See Item 11)

10A. Modification Of Contract/Order No.

10B. Dated (See Item 13) Code Facility Code

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing items 8 and 15, and returning ____________ copies of the amendments: (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. Accounting And Appropriation Data (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATIONS OF CONTRACTS/ORDERS

It Modifies The Contract/Order No. As Described In Item 14.

A. This Change Order is Issued Pursuant To: The Changes Set Forth In Item 14 Are Made In

The Contract/Order No. In Item 10A.

B. The Above Numbered Contract/Order Is Modified To Reflect The Administrative Changes (such as changes in paying office, appropriation data, etc.) Set

Forth In Item 14, Pursuant To The Authority of FAR 43.103(b).

C. This Supplemental Agreement Is Entered Into Pursuant To Authority Of:

D. Other (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______________ copies to the Issuing Office.

14. Description Of Amendment/Modification (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. Name And Title Of Signer (Type or print)

16A. Name And Title Of Contracting Officer (Type or print)

15B. Contractor/Offeror 15C. Date Signed 16B. United States Of America 16C. Date Signed

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

NSN 7540-01-152-8070

PREVIOUS EDITIONS UNUSABLE

30-105-02 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

SEE SCHEDULE

X

Firm Fixed Price

0002 2024FEB13

SPRDL1

DLA LAND WARREN

WARREN, MI 48397-5000

GROVER EASTERLING

EMAIL: GROVER.EASTERLING@DLA.MIL

SPRDL1-24-R-0021

2023DEC19

X

X 2024MAR04 11:59pm

/SIGNED/

2 signed

SEE SECOND PAGE FOR DESCRIPTION

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CONTINUATION SHEET

Reference No. of Document Being Continued Page of

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION A - SUPPLEMENTAL INFORMATION

Buyer Name: GROVER EASTERLING

Buyer Office Symbol/Telephone Number: ZGAA/(586)467-1165

Type of Contract 1: Firm Fixed Price

Kind of Contract: Other

*** End of Narrative A0000 ***

Amendment 0002

The purpose of this amendment is to update the solicitation based on a requirement for certified cost or pricing data, to include a narrative for demilitarization, and to remove the requirement for a small business subcontracting plan.

A. Solicitation narrative titled, "H.2 Demilitarization and Trade Security Control Requirements and Procedures" is added to Section H of the solicitation.

B. The following clauses are added to Section I of the solicitation:

1) FAR 52.215-10, Price Reduction for Defective Cost or Pricing Data;

2) FAR 52.215-12, Subcontractor Certified Cost or Pricing Data (Deviation 2022-O0001);

3) FAR 52.215-14, Integrity of Unit Prices (Alternate I);

4) FAR 52.215-15, Pension Adjustments and Asset Reversions;

5) FAR 52-215-18, Reversion of Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions;

6) FAR 52.215-19, Notification of Ownership Changes;

7) FAR 52.215-23, Limitations on Pass-Through Charges;

8) FAR 52.229-4, Federal, State, and Local Taxes (State and Local Adjustments); and

9) DFARS 252.215-7002, Cost Estimating System Requirements.

C. The following clauses are removed from Section I of the solicitation:

1) FAR 52.215-11, Price Reduction for Defective Certified Cost or Pricing Data--Modifications (Deviation 2022-O0001);

2) FAR 52.215-13, Subcontractor Certified Cost or Pricing Data--Modifications (DEVIATION 2022-O0001);

3) FAR 52.215-14, Integrity of Unit Prices;

4) FAR 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns;

5) FAR 52.229-3, Federal, State, and Local Taxes;

6) DFARS 252.219-7003, Small Business Subcontracting Plan (DOD Contracts)Basic; and

7) DFARS 252.242-7004, Material Management and Accounting System.

D. The following provisions are added to Section L of the solicitation:

1) FAR 52.215-22, Limitations on Pass-Through Charges--Identification of Subcontract Effort; and

2) DFARS 252.215-7009, Proposal Adequacy Checklist.

E. DFARS provision 252.215-7008, titled, "Only One Offer" is removed from Section L of the solicitation.

F. The following solicitation narratives are removed from the solicitation:

1) L.13 Reverse Auction; and

2) L.20 Submission of Subcontracting Plan.

G. All other terms and conditions remain unchanged, and in full force and effect.

*** END OF NARRATIVE A0003 ***

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SPRDL1-24-R-0021

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.2 Demilitarization and Trade Security Control Requirements and Procedures___________________________________________________________________________

I. Demil and Trade Security Controls (TSCs) Summary:

A. This procurement action has a demilitarization and/or TSC consideration requirement. The demilitarization and trade security control provisions in this solicitation implement the policy and requirements of the "Arms Export Control Act," 22 United States Code

(U.S.C.), Section 2778, the "International Traffic in Arms Regulations (ITAR)" at 22 Code of Federal Regulations (CFR), Parts 120-130, the "Export Administration Regulations (EAR)", at 15 CFR 730-774 and the "Export Administration Act". Regulatory requirements and guidance are contained in Federal Acquisition Regulation (FAR) 45.6, "Reporting, Redistribution, and Disposal of Contractor Inventory" and Defense Federal Acquisition Regulation Supplement (DFARS) 245.604, "DISPOSAL OF SURPLUS PROPERTY."

B. Demilitarization and TSC policy is promulgated via Department of Defense (DoD) regulations and in the establishment of contract requirements. Accordingly, the Government's right to require demilitarization under this clause is a contractual right, subject to the authority and discretion of the Procuring Contracting Officer (PCO). Therefore the PCO may or may not forward Contractor demilitarization waiver request to the DoD Demilitarization Program Manager for review and approval, even when there is certifiable

Contractor's compliance with all existing TSC regulations. The waiver approval process is described in paragraph VII of this clause.

C. The DoD policy and requirements for demilitarization and TSCs are contained in the DoD 4160.21-M-1, Demilitarization and TSCs

Manual. This manual is hereby incorporated by reference, and its terms, conditions, and procedures are valid and enforceable as contractual requirements. If there is a conflict between the Demilitarization and TSCs Manual and the Demilitarization and TSC Clause herein, the Demilitarization and TSCs Manual takes precedence.

D. This contract requires the manufacture, assembly, test, maintenance, repair, and/or delivery of military/defense items. This clause sets forth the requirements for the control and corresponding certification and verification of disposition of "contract excess property." The requirements under this clause are applicable to any Contractor and/or Subcontractor who perform work under this contract. This clause is a mandatory flow-down clause; accordingly, Contractor/Subcontractor must include this clause in subcontracts for work under this solicitation and resulting contract.

E. The demilitarization and TSC requirements apply to all materials and property (Government furnished equipment (GFE)), special tools and special test equipment, manufactured parts in whatever stage of assembly, and associated technical data including technical manuals, drawings, process sheets, and working papers) bought, assembled, produced, or provided by the Government under this contract regardless of the type of contract and regardless of who has title to the material. The intent is to control military/defense items in accordance with statutory and regulatory requirements. Bidders'/Offerors' proposed prices under this solicitation and any resulting contract should include any and all cost(s) to comply with this clause and the Government's demilitarization and TSC requirements.

F. In general, the demilitarization requirements must be met upon completion of the contract. For indefinite delivery contracts as defined by FAR 16.501-2, demilitarization requirements must be met upon the expiration of the potential contractual performance period as described in section A of the contract and/or in section B (the schedule) of the contract; or upon contract termination if the contract is terminated earlier. Contractor(s) awarded a contract with demilitarization requirements shall be responsible for maintaining an inventory system capable of recording, safeguarding and tracking all material, work in process, components associated or related to the performance of the contract for the purpose (not intended to be exclusive) of enabling the Contractor to fulfill its demilitarization obligations under this clause. The Contractor will provide a copy of demilitarization certificates to the PCO within 30 days for inclusion in the contract file.

G. Paragraph VIII. c. of this clause applies to the demilitarization of excess U.S. Government furnished equipment (GFE)/technical data provided to a Contractor in support of this contract; see excess GFE definition II. b. below. If the Contractor is not using GFE in performance of this contract, disregard this paragraph.

H. The Contractor agrees that demilitarization performed under this contract will be conducted in accordance with this clause or DoD

4160.21-M-1, Demilitarization and TSCs Manual, and all demilitarized material will meet or exceed the definition of scrap as defined by this clause.

II. Definitions:________________

A. "Contract excess property" is property of the type covered by this contract for which the Contractor does not claim payment or has been denied payment and all GFE not returned to the Government upon completion of the contract. This includes, but is not limited to, rejects and overruns. Contract excess property (whether title to the property is in the Government or not) includes completed or partially completed parts, components, subassemblies, assemblies, end items, special tools and test equipment, and all associated technical manuals, technical data, packaging and labeling. Contract excess property shall be controlled and final disposition determined by assigned demilitarization code unless waived by the DoD Demilitarization PM.

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B. "Excess GFE" is equipment/technical data provided by the U. S. Government to the Contractor that the Contractor no longer needs to satisfy the contract's requirements, which the Government does not want returned during or at the completion of the contract.

C. "Demilitarization" is the act of destroying the military offensive and defensive characteristics inherent in certain types of equipment and material to the degree necessary to preclude its restoration to a usable condition.\~The term includes mutilation, dumping at sea, cutting, crushing, shredding, melting, burning or alteration designed to prevent the further use of this equipment and material for its originally intended military purpose. It applies equally to material in unserviceable and serviceable condition.

D. "Scrap" is material that has no value except for its basic material content.

E. "Munitions list item (MLI)" is any item contained in the U. S. Munitions List, 22 CFR 120-130.

F. "Commerce control list item (CCLI)" is a multi-use (military, commercial and other strategic use) item under the jurisdiction of the Bureau of Export Administration, U. S. Department of Commerce, through the Export Administration Regulations, 15 CFR 730-774. The types of items on the CCL may be commodities (i. e., equipment, materials, electronics), software, or a particular technology.

G. "Trade security control (TSC)" is control procedures designed to preclude the sale or shipment of Munitions List or Commerce

Control List items to any entity whose interests are inimical to those of the United States. These controls are also applicable to such other selected entities as may be designated by the Deputy Under Secretary of Defense (Trade Security Policy).

H. "Commercial type property" is material, equipment, software, or technology not generally considered to be unique and peculiar to

DoD and possessing commercial marketability.

I. "Significant military equipment (SME)" is material for which special export controls are warranted because of their capacity for substantial military utility or capability. Items designated as SME require worldwide demilitarization as prescribed in DoD 4160.21-M-1, Demilitarization and TSCs Manual, appendix 4.

J. "Ammunition, explosives, and dangerous articles (AEDA)" is any substance that by its composition and chemical characteristics, alone or when combined with another substance, is or becomes an explosive or propellant or is hazardous or dangerous to personnel, animal or plant-life, structures, equipment or the environment as a result of blast, fire, fragment, radiological or toxic effects.

AEDA is not a criterion for demilitarization. AEDA items not on the Munitions List would be coded A or Q.

III. Applicability:___________________

This solicitation/contract is for the production of MLIs or CCLIs and contract excess may require demilitarization and TSCs. This clause is applicable to prime and Subcontractors.

IV. Contractor Demilitarization and TSCs:__________________________________________

A. The Contractor will demilitarization and apply TSCs as required on all contract excess property as dictated by the Government assigned demilitarization code and its definition and the demilitarization and trade security controls matrix in paragraph IX of this clause. Demilitarization codes and definitions can be accessed per paragraph VIII of this clause.

B. The Contractor will contact the PCO for declassification, safety and demilitarization instructions for contract excess property with an assigned demilitarization code of "P", "F", or "G".

C. The Contractor will demilitarization all associated excess technical data.

V. Demilitarization Certification and Verification (DC&V):__________________________________________________________

A. During or upon completion of manufacturing under this contract, the prime Contractor shall notify the PCO in a timely manner that a

Government representative is required to witness demilitarization of contract excess property produced under this contract whether the prime Contractor or a Subcontractor is performing the demilitarization.

B. Subcontractors shall notify the prime Contractor in a timely manner who shall notify the PCO that a Government representative is required to witness demilitarization of contract excess property produced under this contract.

C. The Government Quality Assurance Representative (QAR) will forward all demilitarization certificates and the final DD Form 250 to the PCO so that final payment can be made. The PCO will not release the final DD Form 250 for payment unless all pertinent demilitarization certificates from all prime and subcontractors involved have been received. If the Contractor is using the Wide Area

Workflow (WAWF) Receipt-Acceptance system, the QAR will ensure all demilitarization certificates are attached to the final WAWF

Receiving Report before accepting the shipment. The Demilitarization Certification and Verification Certificate will become part of the contract file.

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D. A Contractor's representative certifies and a technically qualified U.S. Government QAR (United States citizen) is designated as the U.S. Government official responsible for executing the Demilitarization verification unless another U.S. Government official is designated in writing by the PCO. Both shall actually witness the demilitarization; and both shall sign and date the DA Form 7579 available at http://www.apd.army.mil/ .

VI. Demilitarization Waivers:____________________________

A. The Contractor may request a demilitarization waiver for contractual requirements. However, any waiver must be predicated upon disposition of material in a manner that is consistent with the guidelines and intent of applicable demilitarization and TSC laws and regulations. All requests for demilitarization waivers must be submitted in writing through the PCO and the Army's Demilitarization PM to the DoD Demilitarization PM. Waiver request must be approved prior to Contractor disposition of any contract excess property and prior to the release of final DD Form 250 for payment. All waiver requests must specify the items, quantity, proposed disposition of the material, and any additional terms. If written approval of the request for a demilitarization waiver is not granted within 45 days of submission, the demilitarization request shall be deemed disapproved. The Contractor is not entitled to demilitarization waiver.

Contact the PCO for additional specific guidance.

B. When a demilitarization waiver is approved, all packaging and Government property containing non-removable markings shall have these markings permanently obliterated before any non-demilitarized disposition.

VII. Disputes - any disputes concerning this clause shall be addressed in accordance with the "Disputes" clause in this_____________ solicitation/contract.

VIII. Contractor Access and Identification of Demilitarization Requirements:____________________________________________________________________________

A. Contractors will identify demilitarization requirements by accessing the assigned demilitarization code via the Internet using the following steps:

1. Logon to Army Electronic Product Support (AEPS) Website https://aeps.ria.army.mil/ . This displays the U.S. Army Materiel

Command Army Electronic Product Support Website entrance portal.

2. Click on "Accept." This displays the Public Applications page.

3. If you have an AEPS account, go to step 4 below. First time users, click on "How to Enter AEPS" and then follow instructions for Government Contractors to establish an AEPS account.

4. Click on "Enter AEPS" and enter your UserID and Password.

5. Under Popular Applications, click on "Contractor Demilitarization Code Query" which displays an interactive searchable database containing all part numbers that have been assigned a National Stock Number (NSN) in the FLIS.

6. Click on the icon "Demilitarization Code Definitions" provided on this web page. Print these definitions for future reference and close the screen.

B. The Contractor's demilitarization requirement:

1. The Contractor's demilitarization requirement is based on the demilitarization code (A, B, C, D, E, F, G, P or Q) assigned to the property and its corresponding definition.

2. Identify the current demilitarization code assigned by entering the part number (P/N) or National Item Identification Number

(NIIN) of the property in question and click on Enter.

Note: If an NSN has NOT been assigned to the property in question, the demilitarization code for the property is not in this database.

Contact the PCO for the demilitarization requirements for property if the demilitarization code could not be identified in this database.

3. Result will be the current demilitarization code. Match the demilitarization code with its definition. Demilitarize excess property in accordance with the demilitarization code definition.

C. Due to numerous variables, the Government may not know which disposal option is most advantageous for GFE until the end of the contract. Three GFE disposal options available to the Government are:

Option 1:

1. Have the Contractor demilitarize the excess GFE per the assigned demilitarization code.

2. The cost of Contractor demilitarization will be negotiated.

3. The PCO will provide the Contractor with the pertinent demilitarization instructions for property without codes assigned.

4. The PCO will ensure that demilitarization certification and verification is properly documented.

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Option 2:

1. Abandon or sell the excess GFE and transfer the title to the Contractor.

2. Prior to the Government transferring the title of demilitarized or un-demilitarized excess GFE and regardless of its serviceability, all TSC laws must be satisfied. Therefore, the Contractor must be in possession of an approved end use certificate

(EUC), DLA Form 1822, before the Government transfers title to the property.

3. The EUC is the U.S. Government's instrument to ensure the Contractor is aware of and agrees to assume the responsibility for future TSC requirements and demilitarization cost and liabilities for the excess GFE. The demilitarization and TSC requirements for

MLI/CCLE do not diminish over time. For complete TSC requirements, see paragraph IX of this clause and DoD 4160.21-M-1, Demilitarization and TSCs Manual.

4. Contractors and other persons must obtain the permission of the PCO prior to any subsequent disposition or sale. Any subsequent disposition or sale will be accomplished in accordance with DoD 4160.21-M-1, Demilitarization and TSCs Manual.

Option 3:

The Contractor returns excess GFE to the Government's control for disposal and the Government ensures adequate disposal occurs per DoD 4160.21-M-1, Demilitarization and TSCs Manual.

IX. Demilitarization and Trade Security Controls Matrix_______________________________________________________

Table 2-1. Demilitarization and/or no demilitarization and/or trade security controls and/or end use certificate matrix_______________________________________________________________________________________________________________________

Non-MLI/or Non-CCLI DEMIL Code A Commercial No DEMIL Required

MLI-Non-SME DEMIL Code B NO DEMIL Required, TSC Required EUC DLA Form 1822

MLI/SME DEMIL Code C DEMIL Required, TSC Required EUC DLA Form 1822

MLI/SME DEMIL Code D DEMIL Required, TSC Required EUC DLA Form 1822

MLI/Non-SME DEMIL Code E DEMIL Required, TSC Required EUC DLA Form 1822

MLI/SME DEMIL Code F DEMIL Required, TSC Required EUC DLA Form 1822

MLI/SME DEMIL Code G DEMIL Required, TSC Required EUC DLA Form 1822

MLI/SME DEMIL Code P DEMIL Required, TSC Required EUC DLA Form 1822

EAR/CCLI DEMIL Code Q Dual Use/ No DEMIL Required, TSC Required EUC DLA Form 1822

Commercial

************ End of Narrative H.2 ************

*** END OF NARRATIVE H0002 ***

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SECTION I - CONTRACT CLAUSES

Status Regulatory Cite Title Date Status Regulatory Cite Title Date _______ _______________ ______________________________________________________________________ ____________ _______ _______________ ______________________________________________________________________ ____________

I-1 ADDED 52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA AUG/2011

I-2 DELETED 52.215-14 INTEGRITY OF UNIT PRICES NOV/2021

I-3 ADDED 52.215-14 INTEGRITY OF UNIT PRICES (NOV 2021) -- ALTERNATE I (OCT 1997) OCT/1997

I-4 ADDED 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS OCT/2010

I-5 ADDED 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS (PRB) JUL/2005

OTHER THAN PENSIONS

I-6 ADDED 52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES JUN/2020

I-7 DELETED 52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB/2013

I-8 ADDED 52.229-4 FEDERAL, STATE, AND LOCAL TAXES (STATE AND LOCAL ADJUSTMENTS) FEB/2013

I-9 ADDED 252.215-7002 COST ESTIMATING SYSTEM REQUIREMENTS DEC/2012

I-10 DELETED 252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)--BASIC DEC/2019

I-11 DELETED 252.242-7004 MATERIAL MANAGEMENT AND ACCOUNTING SYSTEM MAY/2011

I-12 DELETED 52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA-- OCT/2021

MODIFICATIONS (DEVIATION 2022-O0001)

I-13 ADDED 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (DEVIATION 2022-O0001) OCT/2021

(a) Before awarding any subcontract expected to exceed $2 million, on the date of agreement on price or the date of award, whichever is later; or before pricing any subcontract modification involving a pricing adjustment expected to exceed $2 million, the Contractor shall require the subcontractor to submit certified cost or pricing data (actually or by specific identification in writing), in accordance with Federal Acquisition Regulation (FAR) 15.408, Table 15-2 (to include any information reasonably required to explain the subcontractors estimating process such as the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data, and the nature and amount of any contingencies included in the price), unless an exception under FAR 15.403-1(b) applies. If the $2 million threshold for submission of certified cost or pricing data is adjusted for inflation as set forth in FAR 1.109(a), then pursuant to FAR 1.109(d) the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment.

(b) The Contractor shall require the subcontractor to certify in substantially the form prescribed in FAR 15.406-2 that, to the best of its knowledge and belief, the data submitted under paragraph (a) of this clause were accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract modification.

(c) In each subcontract that, when entered into, exceeds $2 million, the Contractor shall insert either--

(1) The substance of this clause, including this paragraph (c), if paragraph (a) of this clause requires submission of certified cost or pricing data for the subcontract; or

(2) The substance of the clause at 52.215-13, Subcontractor Certified Cost or Pricing DataModifications (DEVIATION 2022-O0001).

(End of clause)

I-14 DELETED 52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA--MODIFICATIONS OCT/2021

(DEVIATION 2022-O0001)

I-15 ADDED 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES OCT/1997

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting

Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall --

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

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(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractors ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each

Contractor ownership change.

(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

(End of Clause)

I-16 DELETED 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS OCT/2022

CONCERNS (OCT 2022

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SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

Status Regulatory Cite Title Date Status Regulatory Cite Title Date _______ _______________ ______________________________________________________________________ ____________ _______ _______________ ______________________________________________________________________ ____________

L-1 ADDED 52.215-22 LIMITATIONS ON PASS-THROUGH CHARGES -- IDENTIFICATION OF SUBCONTRACT OCT/2009

EFFORT

L-2 DELETED 252.215-7008 ONLY ONE OFFER (DEC 2022) DEC/2022

L-3 ADDED 252.215-7009 PROPOSAL ADEQUACY CHECKLIST (MAR 2023) MAR/2023

252.215-7009 Proposal Adequacy Checklist.

The offeror shall complete the following checklist, providing location of requested information, or an explanation of why the requested information is not provided. In preparation of the offerors checklist, offerors may elect to have their prospective subcontractors use the same or similar checklist as appropriate.

PROPOSAL ADEQUACY CHECKLIST

If not provided

REFERENCES SUBMISSION PROPOSAL EXPLAIN (may

ITEM PAGE No. use continuation pages)

GENERAL INSTRUCTIONS____________________

1. FAR 15.408, Is there a properly ________

Table 15-2 completed first page of the

Section I proposal per FAR 15.408 Table

Paragraph A 15-2 I.A or as specified in the solicitation?

2. FAR 15.408 Does the proposal identify ________

Table 15-2 the need for Government-

Section I furnished material/tooling/

Paragraph A(7) test equipment? Include the accountable contract number and contracting officer contact information if known.

3. FAR 15.408 Does the proposal identify ________

Table 15-2 and explain notifications of

Section I noncompliance with Cost

Paragraph A(8) Accounting Standards Board or

Cost Accounting Standards

(CAS); any proposal inconsistencies with your disclosed practices or applicable CAS; and inconsistencies with your established estimating and accounting principles and procedures?

4. FAR 15.408 Does the proposal disclose ________

Table 15-2 any other known activity that

Section I could materially impact the

Paragraph C(1) costs? This may include, but

FAR 2.101 is not limited to, such

"Cost or factors as--pricing data" (1) Vendor quotations;

(2) Nonrecurring costs;

(3) Information on changes in production methods and in production or purchasing volume;

(4) Data supporting projections of business

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prospects and objectives and related operations costs;

(5) Unit-cost trends such as those associated with labor efficiency;

(6) Make-or-buy decisions;

(7) Estimated resources to attain business goals; and

(8) Information on management decisions that could have a significant bearing on costs.

5. FAR 15.408 Is an Index of all certified ________

Table 15-2, cost or pricing data and

Section I information accompanying or

Paragraph B identified in the proposal provided and appropriately referenced?

6. FAR 15.403-1(b) Are there any exceptions to ________ submission of certified cost or pricing data pursuant to

FAR 15.403-1(b)? If so, is supporting documentation included in the proposal?

(Note questions 18-20.)

7. FAR 15.408 Does the proposal disclose ________

Table 15-2 the judgmental factors

Section I applied and the mathematical

Paragraph C(2) or other methods used in the

(i) estimate, including those used in projecting from known data?

8. FAR 15.408, Does the proposal disclose ________

Table 15-2, the nature and amount of any

Section I contingencies included in the

Paragraph C(2) proposed price?

(ii)

9. FAR 15.408 Does the proposal explain the ________

Table 15-2, basis of all cost estimating

Section II relationships (labor hours or

Paragraph A or material) proposed on other

B than a discrete basis?

10. FAR 15.408, Is there a summary of total ________

Table 15-2 cost by element of cost and

Section I are the elements of cost

Paragraphs D cross-referenced to the and E supporting cost or pricing data? (Breakdowns for each cost element must be consistent with your cost accounting system, including breakdown by year.)

11. FAR 15.408, If more than one Contract ________

Table 15-2, Line Item Number (CLIN) or

Section I sub Contract Line Item Number

Paragraphs D (sub-CLIN) is proposed as and E required by the RFP, are there summary total amounts covering all line items for

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each element of cost and is it cross-referenced to the supporting cost or pricing data?

12. FAR 15.408, Does the proposal identify ________

Table 15-2, any incurred costs for work

Section I performed before the

Paragraph F submission of the proposal?

13. FAR 15.408, Is there a Government forward ________

Table 15-2, pricing rate agreement

Section I (FPRA)? If so, the offeror

Paragraph G shall identify the official submittal of such rate and factor data. If not, does the proposal include all rates and factors by year that are utilized in the development of the proposal and the basis for those rates and factors?

COST ELEMENTS_____________

MATERIALS AND SERVICES

14. FAR 15.408, Does the proposal include a ________

Table 15-2, consolidated summary of

Section II individual material and

Paragraph A services, frequently referred to as a Consolidated Bill of

Material (CBOM), to include the basis for pricing? The offerors consolidated summary shall include raw materials, parts, components, assemblies, subcontracts and services to be produced or performed by others, identifying as a minimum the item, source, quantity, and price.

SUBCONTRACTS (Purchased materials or services)

15. DFARS Has the offeror identified ________

215.404-3 in the proposal those subcontractor proposals, for which the contracting officer has initiated or may need to request field pricing analysis?

16. FAR 15.404-3(c) Per the thresholds of FAR ________

FAR 52.244-2 15.404-3(c), Subcontract

Pricing Considerations, does the proposal include a copy of the applicable subcontractors certified cost or pricing data?

17. FAR 15.408, Is there a price/cost ________

Table 15-2, analysis establishing the

Note 1; reasonableness of each of

Section II the proposed subcontracts

Paragraph A included with the proposal?

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If the offerors price/cost analyses are not provided with the proposal, does the proposal include a matrix identifying dates for receipt of subcontractor proposal, completion of fact finding for purposes of price/cost analysis, and submission of the price/cost analysis?

EXCEPTIONS TO CERTIFIED COST OR PRICING DATA____________________________________________

18. FAR 52.215-20 FAR 2.101, Has the offeror submitted an exception

``commercial product'' or to the submission of certified cost or

``commercial service''. pricing data for commercial products proposed either at the prime or subcontractor level, in accordance with provision 52.215-20?.

a. Has the offeror specifically identified the type of commercial product claim (FAR 2.101 ``commercial product'' definition, and the basis on which the commercial product meets the definition?.

b. For modified commercial products (FAR

2.101 ``commercial product'' definition; did the offeror classify the modification(s) as either--.

i. A modification of a type customarily available in the commercial marketplace

(paragraph (3)(i)); or.

ii. A minor modification (paragraph

(3)(ii)) of a type not customarily available in the commercial marketplace made to meet Federal Government requirements not exceeding the thresholds in FAR 15.403-

1(c)(3)(iii)(B)?.

c. For proposed commercial products ``of a type'', or ``evolved'' or modified

(FAR 2.101 ``commercial product'' definition), did the contractor provide a technical description of the differences between the proposed item and the comparison item(s)?.

19. Reserved

20. FAR 15.408, Does the proposal support ________

Table 15-2, the degree of competition

Section II and the basis for

Paragraph A(1) establishing the source and reasonableness of price for each subcontract or purchase order priced on a competitive basis exceeding the threshold for certified cost or pricing data?

INTERORGANIZATIONAL TRANSFERS

21. FAR 15.408, For inter-organizational ________

Table 15-2, transfers proposed at cost, Section II does the proposal include a

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Paragraph A(2) complete cost proposal in compliance with Table 15-2?

22. FAR 15.408, For inter-organizational ________

Table 15-2, transfers proposed at price

Section II in accordance with FAR

Paragraph A(1) 31.205-26(e), does the proposal provide an analysis by the prime that supports the exception from certified cost or pricing data in accordance with FAR 15.403-1?

DIRECT LABOR

23. FAR 15.408, Does the proposal include a ________

Table 15-2, time phased (i.e.; monthly, Section II quarterly) breakdown of labor

Paragraph B hours, rates and costs by category or skill level? If labor is the allocation base for indirect costs, the labor cost must be summarized in order that the applicable overhead rate can be applied.

24. FAR 15.408, For labor Basis of Estimates ________

Table 15-2, (BOEs), does the proposal

Section II include labor categories, Paragraph B labor hours, and task descriptions, (e.g.; Statement of Work reference, applicable

CLIN, Work Breakdown Structure, rationale for estimate, applicable history, and time-phasing)?

25. FAR Subpart If covered by the Service ________

22.10 Contract Labor Standards

statute (41 U.S.C. chapter

67), are the rates in the proposal in compliance with the minimum rates specified in the statute?

INDIRECT COSTS______________

26. FAR 15.408, Does the proposal indicate ________

Table 15-2, the basis of estimate for

Section II proposed indirect costs and

Paragraph C how they are applied?

(Support for the indirect rates could consist of cost breakdowns, trends, and budgetary data.)

OTHER COSTS___________

27. FAR 15.408, Does the proposal include ________

Table 15-2, other direct costs and the

Section II basis for pricing? If travel

Paragraph D is included does the proposal include number of trips, number of people, number of days per trip, locations, and

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rates (e.g. airfare, per diem, hotel, car rental, etc)?

28. FAR 15.408, If royalties exceed $1,500 ________

Table 15-2 does the proposal provide

Section II the information/data

Paragraph E identified by Table 15-2?

29. FAR 15.408, When facilities capital cost ________

Table 15-2, of money is proposed, does

Section II the proposal include

Paragraph F submission of Form CASB-CMF or reference to an FPRA/FPRP and show the calculation of the proposed amount?

FORMATS FOR SUBMISSION OF LINE ITEM SUMMARIES_____________________________________________

30. FAR 15.408, Are all cost element ________

Table 15-2, breakdowns provided using the

Section III applicable format prescribed in FAR 15.408, Table 15-2 III?

(or alternative format if specified in the request for proposal)

31. FAR 15.408, If the proposal is for a ________

Table 15-2, modification or change order, Section III have cost of work deleted

Paragraph B (credits) and cost of work added (debits) been provided in the format described in

FAR 15.408, Table 15-2.III.B?

32. FAR 15.408, For price revisions/ ________

Table 15-2 redeterminations, does the

Section III proposal follow the format in

Paragraph C FAR 15.408, Table 15-2.III.C?

OTHER_____

33. FAR 16.4 If an incentive contract ________ type, does the proposal include offeror proposed target cost, target profit or fee, share ratio, and, when applicable, minimum/ maximum fee, ceiling price?

34. FAR 16.203-4 If Economic Price Adjustments ________ and FAR 15.408 are being proposed, does the

Table 15-2, proposal show the rationale

Section II, and application for the

Paragraphs A, economic price adjustment?

B, C, and D

35. FAR 52.232-28 If the offeror is proposing ________

Performance-Based Payments did the offeror comply with

FAR 52.232-28?

36. FAR 15.408(n) Excessive Pass-through ________

FAR 52.215-22 Charges-- Identification of

FAR 52.215-23 Subcontract Effort: If the offeror intends to subcontract

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more than 70% of the total cost of work to be performed, does the proposal identify:

(i) the amount of the offerors indirect costs and profit applicable to the work to be performed by the proposed subcontractor(s);

and (ii) a description of the added value provided by the offeror as related to the work to be performed by the proposed subcontractor(s)?

(End of provision)

***SECTION L (INSTRS., CONDS., AND NOTICES FOR OFFERORS) NARRATIVE(S)***

L.4 Data and Communications Submitted to the Government Electronically________________________________________________________________________

(a) The Government often employs Contractors as system administrators to operate and maintain Government computer systems. These systems include local area networks, web sites, databases, other electronic records, e-mail accounts, other electronic data transfer mechanisms and computer software. The employees of these contracted system administrators sign nondisclosure agreements obligating them not to reveal information contained in files, documents, computers or systems that they administer. However, unless such information is protected in some way, contracted system administrators do have the ability to access such information.

(b) Potential Contractors as well as any other parties are thus advised to take steps needed to prevent access by contracted system administrators to information submitted electronically to the Government. Absent such steps, it is assumed that contracted system administrators are permitted the capability to access the data. The access will be limited to that which is necessary for the contract system administrator to perform its duties for the Government. The access shall be subject to the condition that third party information is not to be revealed by the contracted system administrator.

************ End of Narrative L.4 ************

L.5 Source Notes on Drawings - Conform to Mil Tech Data Requirements______________________________________________________________________

Notwithstanding the fact that ordnance drawings furnished with this solicitation may list particular manufacturer part numbers as approved sources, or as being the same as, or equivalent to, the ordnance part described on the drawing, the item to be supplied under this solicitation must conform to all specific technical requirements expressed on such drawing(s). To the extent that there may be any inconsistency between a manufacturer's part number and specific technical requirements expressed on an ordnance drawing which references the manufacturer's part number, the specific technical requirements shall control and take precedence. Offerors shall bear the responsibility of verifying that the approved part as supplied will conform with all such specific technical requirements.

************ End of Narrative L.5 ************

L.11 Acquisition of New Facilities, Special test Equipment or Special Tooling_____________________________________________________________________________

It is not the intent of the Government to acquire, or to have acquired for its account, any facilities, special test equipment, or special tooling. The Government shall under no circumstances reimburse the Offeror for the cost of any new facilities, special test equipment, or special tooling as a separate item. An Offeror may, however, amortize the cost of any such facilities, special test equipment, or special tooling it may require in the submitted price of the items. Such facilities, special test equipment or special tooling shall not be subject to Government option rights to take title to the same except as specified in the DEFAULT, TERMINATION FOR

THE CONVENIENCE OF THE GOVERNMENT, and/or PROGRESS PAYMENT clauses of this contract.

************ End of Narrative L.11 ************

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L.15 Agency Protests____________________

Companies protesting this procurement may file a protest 1) with the Procuring contracting officer, 2) with the General Accounting

Office, or 3) pursuant to Executive Order No. 12979, with the Agency for a decision by the Activity's Chief of the Contracting Office.

Protests filed with the agency should clearly state that they are an "Agency Level Protest under Executive Order No. 12979." (Note: DLA procedures for Agency Level Protests filed under Executive Order No. 12979 allow for a higher level decision on the initial protest than would occur with a protest to the Procuring Contracting Officer; this process is not an appellate review of a Procuring Contracting

Officer's decision on a protest previously filed with the Procuring Contracting Officer). Absent a clear indication of the intent to file an agency level protest, protests will be presumed to be protests to the Procuring contracting officer.

NOTE: DLA Agency Protests for DLA Warren shall be filed with:

Chief of the Contracting Office

DLA Land Warren

Mail Stop 729; ZG

6501 E. Eleven Mile Road

Warren, MI 48397-5000

Contracting Officer Protests shall be submitted to the Contracting Officer designated in the solicitation or award.

************ End of Narrative L.15 ************

L.18 Destinations for Option Quantities________________________________________

To compute a price for any option quantity, assume you will be shipping a proportional share of the option quantity to each destination scheduled to receive shipments of the same item under the basic contract. For example, if the basic contract involves one third of the quantity to go to destination X, and two thirds to destination Y, assume those same percentages will apply to any option quantities the Government will exercise.

************ End of Narrative L.18 ************

L.19 Packaging Level for Option Quantities__________________________________________

For purposes of computing a price for the option quantity specified in Section B of this solicitation and unless otherwise indicated in Section B, it is understood and agreed that the option unit price includes the same level(s) of packing/packaging as those that apply to the basic contract quantity.

************ End of Narrative L.19 ************

L.24 Notice of Offerors Intending to Offer Other Than New Material___________________________________________________________________

(a) The Government intends to acquire only new material. Unless this contract otherwise requires virgin material or supplies composed of, or manufactured from, virgin material, the Contractor shall provide supplies that are new, as defined in this clause.

(b) Definitions:

(1) "New" means composed of previously unused components, whether manufactured from virgin material, recovered material in the form of raw material, or materials and by-products generated from, and reused within, an original manufacturing process; provided that the supplies meet contract requirements, including but not limited to, performance, reliability, and life expectancy.

(2) "Reconditioned" means restored to the original normal operating condition by readjustments and material replacement.

(3) "Recovered material" means waste materials and by-products that have been recovered or diverted from solid waste including post-consumer material, but such term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(4) "Remanufactured" means factory rebuilt to original specifications.

(5) "Virgin material" means previously unused raw material, including previously unused copper, aluminum, lead, zinc, iron, other metal or metal ore, or any undeveloped resource that is, or with new technology will become, a source of raw materials.

(6) "Residual Inventory" means inventory from a transferred or terminated Government or commercial contract.

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(c) Used, reconditioned, remanufactured supplies, unused former Government surplus property, or residual inventory shall not be used unless the Contractor has proposed the use of such supplies, and the Procuring Contracting Officer has authorized their use.

(d) Offers to provide other than new material shall be submitted to the Procuring Contracting Officer for approval:

(1) Offerors of other than new material must provide sufficient information from which a determination of acceptability can be made. Contractors who intend to offer other than new material must contact the Contracting Office listed on the first page of this solicitation to obtain an Other Than New Material Worksheet. Form must be completely filled out and is to accompany your offer.

(e) If the use of used, reconditioned, remanufactured items, unused former Government surplus property, or residual inventory are approved by the Procuring Contracting Officer, we may require you to meet specific marking, inspection, and testing requirements beyond those found in this solicitation. We will negotiate these additional requirements with you before award and put them in any resulting contract.

************ End of Narrative L.24 ************

L.25 E-mail Offer Submissions_____________________________

(a) Vendors shall email offers to the Contracting Specialist identified on the cover page of the solicitation. The email shall include subject header: Proposal Submission SPRDL1-XX-X-XXXX (company name) on the solicitation.

(b) Submissions must be received by the deadline as stated in the…