SPRRA220D0018.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)

DOA2

SPRRA2-20-D-0018 2020FEB13 SEE SCHEDULE

SPRRA2

DEFENSE LOGISTICS AGENCY

5201 MARTIN ROAD/DLA-AVN-AH

REDSTONE ARSENAL AL 35898-7340

LATOYA S. ORR

LATOYA.ORR@DLA.MIL

S3605A

DCMA DAYTON

AREA A, BUILDING 30

1725 VAN PATTON DRIVE

WRIGHT-PATTERSON AFB, OH 45433-5302

30901

AIR TECHNICAL INDUSTRIES, INC.

7501 CLOVER AVE

MENTOR, XX 44060-5297

X

SEE SCHEDULE

HQ0337

DFAS-CO/NORTH ENTITLEMENT OPERATION

P.O. BOX 182317

COLUMBUS OH 43218-2266

SEE SCHEDULE

$0.00

X

2 signed

HENRY W. DANIELS III

HENRY.DANIELS@DLA.MIL (256)690-5735

/SIGNED/ 2020FEB13

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X 1

X 4

X 10

X 11

X 13

X 15

X 19

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: LATOYA S. ORR

Buyer Office Symbol/Telephone Number: DLA-AVN-AHC/(256)924-7926

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: C

Contract Expiration Date: 2025FEB28

*** End of Narrative A0000 ***

THE FOLLOWING DOCUMENTS ARE HEREBY INCORPORATED BY REFERENCE INTO THIS CONTRACT: SOLICITATION SPRRA2-19-Q-0159 AND YOUR FINAL OFFER, WHICH IS BEING ACCEPTED BY THE GOVERNMENT TO FORM THIS CONTRACT.

A-1. THIS REQUIREMENT IS A FIVE YEAR INDEFINITE DELIVERY INDEFINITE QUANTITY, FIRM FIXED PRICE, AWARDED TO AIR TECHNICAL INDUSTRIES, INC. CAGE: 30901

A-2. THIS REQUIREMENT IS IN SUPPORT OF THE PATRIOT WEAPON SYSTEM: M-D6.

A-3. GOVERNMENT FIRST ARTICLE IS REQUIRED.

A-4. THE TEST ITEM WILL NOT BE DESTROYED AS PART OF THE TESTING PROGRAM.

A-5. THE TECHNICAL DATA PACKAGE PROVIDED ON CD CONTAINS TECHNICAL DATA WHOSE EXPORT IS RESTRICTED BY THE ARMS EXPORT CONTROL ACT (TITLE

22 U.S.C., SEC 2751 ET SEQ.) OR EXECUTIVE ORDER 12470. VIOLATION OF THESE EXPORT LAWS ARE SUBJECT TO SEVERE CRIMINAL PENALTIES.

A-6. SERIAL NUMBERING IS NOT REQUIRED.

A-7. THE PERIOD OF PERFORMANCE FOR THIS CONTRACT IS:

CLIN 0001AB: date of contract award - 28 February 2021

CLIN 0002AA: 01 March 2021 - 28 February 2022

CLIN 0003AA: 01 March 2022 - 28 February 2023

CLIN 0004AA: 01 March 2023 - 29 February 2024

CLIN 0005AA: 01 March 2024 - 28 February 2025

A-8. DLA POST AWARD CONTACT:

DLA HSV Post Award Team

7408 Warehouse Road

Redstone Arsenal, AL 35898

DLAHSVPostAwardTeam@dla.mil

A-9. CONTRACTOR POINT OF CONTACT INFORMATION:

NAME: __Vida Novak___________________ __________

E-MAIL ADDRESS: ____v.novak@airtechnical.com_____ ________________________

TELEPHONE NUMBER: ____440-951-5191________________ ____________

CAGE CODE: ______30901__________________ _____

A-10. DCMA ACO POINT OF CONTACT INFORMATION:

NAME: ___Melady.Valenty_______ ______________

E-MAIL ADDRESS: ____Melady.Valenty@dcma.mil_______ _______________________

TELEPHONE NUMBER: ____216-681-1547__________ ____________

A-11. FUNDS WILL BE OBLIGATED/CITED UPON ISSUANCE OF ORDER.

A-12. ACCELERATED DELIVERY IS ENCOURAGED AND AUTHORIZED AT NO ADDITIONAL COST TO THE GOVERNMENT.

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SPRRA2-20-D-0018

AIR TECHNICAL INDUSTRIES, INC.

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

A-13. FOR LONG LEAD TIME ITEMS AND/OR LONG TERM CONTRACTS, THE PARTIES RECOGNIZE THERE IS A RISK THAT PART(S) OR COMPONENT(S) REQUIRED

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

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

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

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

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

PART, AS APPROPRIATE.

*** END OF NARRATIVE A0001 ***

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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

0001 BEAM, HOISTING

NSN: 3940-01-168-3897

Mfr CAGE: 18876

Mfr Part Number: 11462252

0001AA GOVERNMENT FIRST ARTICLE 1 EA $ 1,690.00000 ________________________ ______________

COMMODITY NAME: BEAM, HOISTING

CLIN CONTRACT TYPE:

Firm Fixed Price

PSC: 3940

Packaging and Marking _____________________

PACKAGING/PACKING/SPECIFICATIONS:

MIL-STD-129 MARKINGS SHALL APPLY

UNIT PACK: 001 INTERMEDIATE PACK: 000

LEVEL PRESERVATION: Military

LEVEL PACKING: A

MIL-STD-129 MARKINGS SHALL APPLY

ALL WOOD PACKAGING MATERIAL (WPM) MUST BE ISPM-15

COMPLIANT

PRESERVATION REQUIREMENTS AND PACKING REQUIREMENTS

CONTAINED IN SPECIAL PACKAGING INSTRUCTIONS

(SPI) NUMBER: AL11683897

ESTIMATED MAXIMUM UNIT PACKAGE WEIGHT (POUNDS) AND

SIZE (INCHES):

WT [57.9]

LN [76.5]

WD [19.5]

DP [4.5]

SUPPLEMENTAL INFORMATION: ALL WPM MUST BE ISPM-15

COMPLIANT

(End of narrative D001)

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Destination

Government Approval/Disapproval Days: 90

FOB POINT: Destination

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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

0001AB PRODUCTION QUANTITY - YEAR ONE 9 EA $ 1,375.00000 ______________________________ ______________

PROGRAM YEAR: 1

COMMODITY NAME: BEAM, HOISTING

CLIN CONTRACT TYPE:

Firm Fixed Price

PSC: 3940

Packaging and Marking _____________________

PACKAGING/PACKING/SPECIFICATIONS:

MIL-STD-129 MARKINGS SHALL APPLY

UNIT PACK: 001 INTERMEDIATE PACK: 000

LEVEL PRESERVATION: Military

LEVEL PACKING: A

MIL-STD-129 MARKINGS SHALL APPLY

ALL WOOD PACKAGING MATERIAL (WPM) MUST BE ISPM-15

COMPLIANT

PRESERVATION REQUIREMENTS AND PACKING REQUIREMENTS

CONTAINED IN SPECIAL PACKAGING INSTRUCTIONS

(SPI) NUMBER: AL11683897

ESTIMATED MAXIMUM UNIT PACKAGE WEIGHT (POUNDS) AND

SIZE (INCHES):

WT [57.9]

LN [76.5]

WD [19.5]

DP [4.5]

SUPPLEMENTAL INFORMATION: ALL WPM MUST BE ISPM-15

COMPLIANT

(End of narrative D001)

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

FOB POINT: Destination

0002 BEAM, HOISTING

NSN: 3940-01-168-3897

Mfr CAGE: 18876

Mfr Part Number: 11462252

0002AA PRODUCTION QUANTITY - YEAR TWO 5 EA $ 1,380.00000 ______________________________ ______________

PROGRAM YEAR: 2

COMMODITY NAME: BEAM, HOISTING

CLIN CONTRACT TYPE:

Firm Fixed Price

PSC: 3940

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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:

MIL-STD-129 MARKINGS SHALL APPLY

UNIT PACK: 001 INTERMEDIATE PACK: 000

LEVEL PRESERVATION: Military

LEVEL PACKING: A

MIL-STD-129 MARKINGS SHALL APPLY

ALL WOOD PACKAGING MATERIAL (WPM) MUST BE ISPM-15

COMPLIANT

PRESERVATION REQUIREMENTS AND PACKING REQUIREMENTS

CONTAINED IN SPECIAL PACKAGING INSTRUCTIONS

(SPI) NUMBER: AL11683897

ESTIMATED MAXIMUM UNIT PACKAGE WEIGHT (POUNDS) AND

SIZE (INCHES):

WT [57.9]

LN [76.5]

WD [19.5]

DP [4.5]

SUPPLEMENTAL INFORMATION: ALL WPM MUST BE ISPM-15

COMPLIANT

(End of narrative D001)

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

FOB POINT: Destination

0003 BEAM, HOISTING

NSN: 3940-01-168-3897

Mfr CAGE: 18876

Mfr Part Number: 11462252

0003AA PRODUCTION QUANTITY - YEAR THREE 5 EA $ 1,400.00000 ________________________________ ______________

PROGRAM YEAR: 3

COMMODITY NAME: BEAM, HOISTING

CLIN CONTRACT TYPE:

Firm Fixed Price

PSC: 3940

Packaging and Marking _____________________

PACKAGING/PACKING/SPECIFICATIONS:

MIL-STD-129 MARKINGS SHALL APPLY

UNIT PACK: 001 INTERMEDIATE PACK: 000

LEVEL PRESERVATION: Military

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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

LEVEL PACKING: A

MIL-STD-129 MARKINGS SHALL APPLY

ALL WOOD PACKAGING MATERIAL (WPM) MUST BE ISPM-15

COMPLIANT

PRESERVATION REQUIREMENTS AND PACKING REQUIREMENTS

CONTAINED IN SPECIAL PACKAGING INSTRUCTIONS

(SPI) NUMBER: AL11683897

ESTIMATED MAXIMUM UNIT PACKAGE WEIGHT (POUNDS) AND

SIZE (INCHES):

WT [57.9]

LN [76.5]

WD [19.5]

DP [4.5]

SUPPLEMENTAL INFORMATION: ALL WPM MUST BE ISPM-15

COMPLIANT

(End of narrative D001)

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

FOB POINT: Destination

0004 BEAM, HOISTING

NSN: 3940-01-168-3897

Mfr CAGE: 18876

Mfr Part Number: 11462252

0004AA PRODUCTION QUANTITY - YEAR FOUR 5 EA $ 1,425.00000 _______________________________ ______________

PROGRAM YEAR: 4

COMMODITY NAME: BEAM, HOISTING

CLIN CONTRACT TYPE:

Firm Fixed Price

PSC: 3940

Packaging and Marking _____________________

PACKAGING/PACKING/SPECIFICATIONS:

MIL-STD-129 MARKINGS SHALL APPLY

UNIT PACK: 001 INTERMEDIATE PACK: 000

LEVEL PRESERVATION: Military

LEVEL PACKING: A

MIL-STD-129 MARKINGS SHALL APPLY

ALL WOOD PACKAGING MATERIAL (WPM) MUST BE ISPM-15

COMPLIANT

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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

PRESERVATION REQUIREMENTS AND PACKING REQUIREMENTS

CONTAINED IN SPECIAL PACKAGING INSTRUCTIONS

(SPI) NUMBER: AL11683897

ESTIMATED MAXIMUM UNIT PACKAGE WEIGHT (POUNDS) AND

SIZE (INCHES):

WT [57.9]

LN [76.5]

WD [19.5]

DP [4.5]

SUPPLEMENTAL INFORMATION: ALL WPM MUST BE ISPM-15

COMPLIANT

(End of narrative D001)

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

FOB POINT: Destination

0005 BEAM, HOISTING

NSN: 3940-01-168-3897

Mfr CAGE: 18876

Mfr Part Number: 11462252

0005AA PRODUCTION QUANTITY - YEAR FIVE 5 EA $ 1,450.00000 _______________________________ ______________

PROGRAM YEAR: 5

COMMODITY NAME: BEAM, HOISTING

CLIN CONTRACT TYPE:

Firm Fixed Price

PSC: 3940

Packaging and Marking _____________________

PACKAGING/PACKING/SPECIFICATIONS:

MIL-STD-129 MARKINGS SHALL APPLY

UNIT PACK: 001 INTERMEDIATE PACK: 000

LEVEL PRESERVATION: Military

LEVEL PACKING: A

MIL-STD-129 MARKINGS SHALL APPLY

ALL WOOD PACKAGING MATERIAL (WPM) MUST BE ISPM-15

COMPLIANT

PRESERVATION REQUIREMENTS AND PACKING REQUIREMENTS

CONTAINED IN SPECIAL PACKAGING INSTRUCTIONS

(SPI) NUMBER: AL11683897

ESTIMATED MAXIMUM UNIT PACKAGE WEIGHT (POUNDS) AND

SIZE (INCHES):

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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

WT [57.9]

LN [76.5]

WD [19.5]

DP [4.5]

SUPPLEMENTAL INFORMATION: ALL WPM MUST BE ISPM-15

COMPLIANT

(End of narrative D001)

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

FOB POINT: Destination

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Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION E - INSPECTION AND ACCEPTANCE

This document incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

http://farsite.hill.af.mil/ or https://www.acquisition.gov/

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

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

E-1 52.246-1 CONTRACTOR INSPECTION REQUIREMENTS APR/1984

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

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

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PIIN/SIIN MOD/AMD

SECTION F - DELIVERIES OR PERFORMANCE

This document incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

http://farsite.hill.af.mil/ or https://www.acquisition.gov/

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

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

F-1 52.242-15 STOP-WORK ORDER AUG/1989

F-2 52.242-17 GOVERNMENT DELAY OF WORK APR/1984

F-3 52.247-48 F.O.B. DESTINATION--EVIDENCE OF SHIPMENT FEB/1999

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

F-5 52.211-8 TIME OF DELIVERY JUN/1997

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

REQUIRED DELIVERY SCHEDULE

ITEM NO. QUANTITY WITHIN DAYS

AFTER DATE OF

CONTRACT

CLIN 0001AA 1 285 ARO

CLIN 0001AB 9 308 ARO

CLIN 0002AA 5 210 ARO

CLIN 0003AA 5 210 ARO

CLIN 0004AA 5 210 ARO

CLIN 0005AA 5 210 ARO

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFERORS PROPOSED DELIVERY SCHEDULE

ITEM NO. QUANTITY WITHIN DAYS

AFTER DATE OF

CONTRACT

CLIN 0001AA 1 285 ARO

CLIN 0001AB 9 308 ARO

CLIN 0002AA 5 210 ARO

CLIN 0003AA 5 210 ARO

CLIN 0004AA 5 210 ARO

CLIN 0005AA 5 210 ARO

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the

Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the

Contractors date of receipt of the contract or notice of award by adding

(1) five calendar days for delivery of the award through the ordinary mails, or

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Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

(2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term working day excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of Clause)

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Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION G - CONTRACT ADMINISTRATION DATA

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

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

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

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

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

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

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

Receiving Reports.

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

Receiving Reports.

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

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

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

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

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

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

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

Protocol.

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

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

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

(ii) For fixed price line items--

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

COMBO/INVOICE

(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.

(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.

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PIIN/SIIN MOD/AMD

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0337

Issue By DoDAAC SPRRA2

Admin DoDAAC S3605A

Inspect By DoDAAC W31P0W

Ship To Code W31P0W

Ship From Code 30901

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.

DCMA ACO POC: melady.valenty@dcma.mil (216)681-1547

DCMA CA: dawn.vella@dcma.mil (216) 681-1779

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

TAC CODE: AXGE

(End of clause)

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Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION H - SPECIAL CONTRACT REQUIREMENTS

BAR CODE MARKINGS_________________

Bar Code Markings are required in accordance with the latest revision of MIL-STD-129 and ISO/IEC 16388 - Information Technology -

Automatic Identification and Data Capture Techniques - Bar Code Symbology Specification - Code 39.

ENG CHG PROPOSAL, VALUE ENG CHG PROPOSAL, REQUEST FOR VARIANCE, ENG RELEASE RECORDS, NOTICE OF REVISION, AND SPECIFICATION CHG NOTICE______________________________________________________________________________________________________________________________________

PREPARATION AND SUBMISSION INSTRUCTIONS_______________________________________

1. Contractor initiated Engineering Change Proposals (ECPs), Value Engineering Change Proposals (VECPs), and Requests for Variance

(RFVs), collectively referred to as "proposals", shall be prepared, submitted and distributed in accordance with paragraphs 2, 3 and 4 below except as specified in paragraph 5 below.

2. Format. _______

a. Class 1 ECPs require the "Long Form Procedure" for documenting the change and describing the effects of the change on the suitability and supportability of the Configuration Item (CI). Class I ECPs should be limited to those that are necessary or offer significant benefit to the Government. Class I ECPs are those that affect the performance, reliability, maintainability, survivability, weight, balance, moment of inertia, interface characteristics, electromagnetic characteristics, or other technical requirements in the specifications and drawings. Class I ECPs also include those changes that affect Government Furnished

Equipment, safety, compatibility, retrofit, operation and maintenance manuals, interchangeability, substitutability, replaceability, source control specifications and drawings, costs, guarantees or warranties, deliveries, or schedules. Class II ECPs are those that do not affect form, fit and function, cost, or schedule of the system CI and do not meet the other criteria described above for

Class I ECPs.

b. Long Form Procedure: Class I changes to the CI require that DD Form 1692, pages 1 through 7 (as applicable), be prepared. Use of this procedure assures that all effects of the change on the CI are properly addressed and documented to the necessary detail to allow proper evaluation of the proposed change.

c. Short Form Procedure: ECPs and VECPs, which meet the requirements of Class II ECPs, shall be prepared using DD Form 1692 (page

1 only). Supplemental pages may be used with the form as necessary. The responsible Contract Management Office (CMO) will enter the appropriate data in Block 5 "Class of ECP", Block 6 "Priority", and Block 8 "Justification Codes."

d. The Contractor shall not manufacture items for acceptance by the Government that incorporate a known departure from requirements, unless the Government has approved an RFV. RFVs shall be prepared using DD Form 1694.

e. Each ECP and RFV shall be accompanied by a written and signed evaluation prepared by the responsible Defense Contract Management

Agency (DCMA) technical representative. The DCMA written evaluation shall be considered part of the ECP/RFV proposal.

f. Classification of RFVs.

(1) Major RFVs. RFVs written against CIs shall be designated as major when the RFV consists of acceptance of an item having a nonconformance with contract or configuration documentation involving health; performance; interchangeability; reliability;

survivability; maintainability; effective use or operation; weight; appearance (when a factor); or when there is a departure from a requirement classified as major in the contractual documentation.

(2) Critical RFVs. RFVs written against CIs shall be designated as critical when the RFV consists of acceptance of an item having a nonconformance with contract or configuration documentation involving safety or when there is a departure from a requirement classified as critical in the contractual documentation.

(3) Minor RFVs. RFVs written against CIs shall be designated as minor when the RFV consists of acceptance of an item having a nonconformance with contract or configuration documentation which does not involve any of the factors listed above in paragraphs f(1) or g(2), or when there is a departure from a requirement classified as minor in the contractual documentation.

g. Proposals shall include sufficient technical data to describe all changes from existing contract requirements.

h. Proposals shall include sufficient justification for making the change, including a statement of contract impact, if the change is not authorized.

i. Proposals for ECPs shall set forth a "not to exceed" price and delivery adjustment acceptable to the Contractor if the

Government subsequently approves the proposal. If approved, the equitable increase shall not exceed this amount.

j. Times allowed for technical decisions for ECP and RFV proposals will be worked out via mutual agreement between the Contractor and the Government.

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k. The Contractor shall submit, concurrent with the ECP, a separate DD Form 1696, "Specification Change Notice" (SCN), for each specification that would require revision if the ECP were approved.

l. Proposals for VECPs shall set forth a "not less than" price and delivery adjustment acceptable to the Contractor if the

Government subsequently approves the proposal. If approved, the savings shall not be less than this amount.

m. The Contractor shall utilize DD Form 2617, "Engineering Release Record" (ERR) to release new or revised configuration documentation to the Government for approval.

n. The Contractor shall utilize DD Form 1695, "Notice of Revision" (NOR) to describe the exact change(s) to configuration documentation specified as a data requirement in the contract. The Contractor shall describe the change using sub-sections entitled

"WAS" to describe the current contractual technical requirement and "IS" to describe the proposed new requirement.

3. Submittal. The Contractor shall submit two (2) copies of each proposal to the responsible Administrative Contracting Officer (ACO). __________

One (1) copy of each proposal shall be returned to the Contractor within (5) working days after receipt by the ACO, stating whether or not the proposal is in compliance with this provision. Any unresolved differences between the ACO and the Contractor concerning ECPs, VECPs, or RFVs will be submitted to the PCO for resolution. Submittals may be made by electronic means by scanning the appropriate completed forms into a computer or preparing the forms electronically.

4. Distribution. ____________

a. Electronic Distribution. The preferred method of distribution is through the Internet E-mail System to the PCO. Microsoft Word _______________________ is required for use with the transmittal letter (E-mail). Required forms will be attached to the E-mail. All forms may be obtained from the Office of the Secretary of Defense Executive Services Directorate DoD Directives Division website

(http://www.esd.whs.mil/DD/ ) via the DoD Forms menu. The forms are provided in fillable Adobe Acrobat Portable Document Format

(PDF). In order to access and use the forms, the user must have the "Adobe Acrobat" software installed on their computer. Drawings may be scanned into the computer and sent as an attachment. In some cases, because of size, drawings may have to be sent as hard copies or sent under special electronic instructions provided by the PCO.

b. Hard Copy Distribution of Class I or II ECPs and RFVs, For each Class I or II ECP, or each RFV that the ACO determines to be in ______________________________________________________ compliance with this provision, the Contractor shall submit the original plus five copies to the PCO and one copy to the ACO. Upon receipt of any type of change proposal that is submitted to the PCO, the ACO shall immediately submit DCMA's written evaluation pertaining to the proposed engineering change action to the PCO. Assistance in preparing any of these proposals may be obtained from the ACO or AMCOM Change Control Point at:

Aviation and Missile Research, Development, and Engineering Center

ATTN: RDMR-SET

Redstone Arsenal, Al 35898-5000

Telephone: 256-876-1335

c. Hard Copy Distribution of VECPs. For each VECP that the ACO determines to be in compliance with this provision, the Contractor _______________________________ shall submit the original plus five copies to the PCO and one copy to the ACO. Upon receipt of any VECP that is submitted to the

PCO, the ACO shall immediately submit DCMA's written evaluation to the PCO. The Contractor shall also submit one copy of the VECP to the Value Engineering Program Manager (VEPM) whose address is below. Assistance in preparing VECPs may be obtained from the

VEPM.

Aviation and Missile Research, Development, and Engineering Center

ATTN: RDMR-SEI

Redstone Arsenal, Al 35898-5000

Telephone: 256-876-8163

5. Alternate Format, Submittal, or Distribution Process. Proposals may be prepared in a different format, submitted using a different ____________________________________________________ submittal process or distributed in a different manner than specified in paragraphs 2, 3 and 4 above, so long as the alternate approach is in accordance with a Government approved configuration management plan governed by this contract or the PCO authorizes the alternate format, submittal, or distribution process.

6. Government Acceptance. Acceptance of a proposal by the Government shall be affected by the issuance of a change order or execution _____________________ of a supplemental agreement incorporating the proposal into the contract unless the PCO authorizes another method of acceptance. The

Government will notify the Contractor in writing if a proposal is determined to be unacceptable.

(End of Clause)

FIRST ARTICLE INSPECTION AND TEST - GOVERNMENT TESTED - ADDITIONAL REQUIREMENTS_______________________________________________________________________________

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

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

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

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

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

POINT OF PRESERVATION, PACKAGING, PACKING AND MARKING OF SUPPLIES_________________________________________________________________

Preservation, packaging, packing and marking of supplies will be performed at the following location: (If other than the location set forth in block 9, page 1 of this purchase order):

SU W1A8 DLA DISTRIBUTION DDSP

NEW CUMBERLAND FACILITY

2001 NORMANDY DRIVE DOOR 113 TO 134

NEW CUMBERLAND, PA, 17070-5002

REQUEST FOR WAIVER OF REQUIRED FIRST ARTICLE APPROVAL_____________________________________________________

The requirement for FIRST ARTICLE APPROVAL may be waived, in whole or in part, by the Government, provided that sufficient information is provided to determine whether the request is to be approved. A partial waiver is defined as a waiver of only a specific test(s) of the First Article Test requirement as required by the Technical Data Package (TDP) and/or the solicitation/contract, i.e. vibration test, salt water spray test, or a test on a component or subassembly of the procured item. A full waiver is defined as a waiver of all

First Article testing as required by the TDP and/or the solicitation/contract.

All waiver requests require a First Article Waiver Worksheet to be completed and submitted to the Government along with all supporting documentation. The worksheet will be provided by the Buyer upon request. No requests will be considered if the worksheet and supporting documentation are not submitted to the Government. The worksheet must be completed in its entirety. For those sections of the worksheet which do not apply, annotate with N/A (not applicable). To substantiate or clarify information provided, the Government may request additional information.

Submission of the FAT waiver request (and supporting documentation) to the Government does not guarantee that the waiver will be granted.

The First Article Waiver Worksheet and additional supporting documentation must be submitted on Company letterhead and signed by an authorized agent of the Company.

Supporting documentation.

(1) The request for waiver must be accompanied by the First Article Waiver Worksheet, and documentation in support of the request. The documentation may include, but is not limited to:

(i) Copy of the Administrative Contracting Officers (ACOs) or Procuring Contracting Officers (PCOs) letter approving a First

Article Test report on a recent contract for the same or similar item;

(ii) Copy of a First Article Test report for the same or a similar item as that solicited herein;

(iii) Copy of an ACO or PCO letter approving a prior waiver request; or

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(iv) If the waiver request is based on similarity, a copy of the drawing/other appropriate technical requirements of the similar item.

(2) If a copy of a First Article Test report is submitted in support of a request for waiver, the test report must have been approved and signed by an authorized representative of the United States Government.

(3) The First Article Waiver Worksheet and all supporting documentation should be submitted by email. If the First Article Waiver

Worksheet and supporting documentation cannot be transmitted by email, the PCO should be contacted for further instruction.

Note: If a waiver is granted, an accelerated delivery schedule will apply.

Note: Cost considerations shall apply for approving a waiver or a portion thereof of a First Article Test.

WOOD PACKING MATERIALS REQUIREMENTS___________________________________

A. Wood packaging material (WPM) means wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frame and cleats. The definition excludes materials that have undergone a manufacturing process, such as corrugated fiberboard, plywood, particleboard, veneer, and oriented strand board (OSD).

B. All Wood Packaging Material (WPM)) acquired by DOD must meet requirements of International Standards for Phytosanitary Measures

(ISPM) 15, "Guidelines for Regulating Wood Packaging Materials International Trade." DOD shipments inside and outside of the United

States must meet ISPM 15 whenever WPM is used to ship DOD cargo.

(1) All WPM shall comply with the official quality control program for heat treatment (HT) or kiln dried heat treatment (KD HT) in accordance with American Lumber Standard Committee, incorporated (ALSC) Wood Packaging Material Program and WPM Enforcement

"http://www.alsc.org/) "

(2) All WPM shall include certification/quality markings in accordance with the ALSC standard. Marking shall be placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally opposite sides of the pallet and be contrasting and clearly visible. All containers shall be marked on a side other than the top or bottom, 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.

C. Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment at entry. The Agency reserves the right to recoup from the Contractor any remediation costs incurred by the Government.

D. Replacement Preservative for Pentachlorophenol

If packaging requirements of this contract specify the use of wood products and a preservative is required, Pentachlorophenol, commonly referred to as "Penta" or "PCP" is prohibited. Replacement preservatives are 2 percent copper naphthenate, 3 percent zinc naphthenate or

1.8 percent copper 8 quinolinolate.

(1) Heat Treatment: Boxes/pallets and any wood used as inner packaging made of non-manufactured wood shall be heat-treated. All non-manufactured wood used in packaging shall be heat treated to a core temperature of 56 degrees Celsius for a minimum of 30 minutes. The box/pallet manufacturer and the manufacturer of wood used as inner packaging shall be affiliated with an inspection agency accredited by the board of review of the American Lumber Standard Committee. The box/pallet manufacturer and the manufacturer of wood used as inner packaging shall ensure traceability to the original source of heat treatment.

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

The quality mark shall be placed on both ends of the outter packaging, between the end cleats or end battens: on two sides of the pallet. Foreign manufacturers shall have the heat treatment of non-manufactured wood proces verified in accordance with their

National Plant Protection Organization's compliance program. In addition, wood used as dunnage for blocking and bracing shall be ordered with ALSC certified marking for dunnage or the markings may be applied locally at two foot intervals.

*** END OF NARRATIVE H0001 ***

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SECTION I - CONTRACT CLAUSES

This document incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

http://farsite.hill.af.mil/ or https://www.acquisition.gov/

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

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

I-1 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS JAN/2017

OR STATEMENTS

I-2 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT/2018

I-3 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL/2016

I-4 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS NOV/2015

I-5 52.211-5 MATERIAL REQUIREMENTS AUG/2000

I-6 52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS APR/2008

I-7 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT OCT/1997

I-8 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS OCT/2010

I-9 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS (PRB) JUL/2005

OTHER THAN PENSIONS

I-10 52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS OCT/1997

I-11 52.219-13 NOTICE OF SET-ASIDE OF ORDERS NOV/2011

I-12 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES FEB/1997

I-13 52.223-6 DRUG-FREE WORKPLACE MAY/2001

I-14 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING AUG/2011

I-15 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) -- ALTERNATE I (APR 1984) APR/1984

I-16 52.233-1 DISPUTES (MAY 2014) -- ALTERNATE I (DEC 1991) DEC/1991

I-17 52.248-1 VALUE ENGINEERING OCT/2010

I-18 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS SEP/2011

I-19 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS SEP/2013

I-20 252.204-7000 DISCLOSURE OF INFORMATION OCT/2016

I-21 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT APR/1992

I-22 252.204-7006 BILLING INSTRUCTIONS OCT/2005

I-23 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING DEC/2019

I-24 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT MAY/2016

I-25 252.225-7041 CORRESPONDENCE IN ENGLISH JUN/1997

I-26 252.225-7048 EXPORT-CONTROLLED ITEMS JUN/2013

I-27 252.227-7013 RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS FEB/2014

I-28 252.227-7016 RIGHTS IN BID OR PROPOSAL INFORMATION JAN/2011

I-29 252.227-7025 LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT-FURNISHED MAY/2013

INFORMATION MARKED WITH RESTRICTIVE LEGENDS

I-30 252.227-7030 TECHNICAL DATA--WITHHOLDING OF PAYMENT MAR/2000

I-31 252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA SEP/2016

I-32 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS DEC/2018

I-33 252.232-7010 LEVIES ON CONTRACT PAYMENTS DEC/2006

I-34 252.243-7001 PRICING OF CONTRACT MODIFICATIONS DEC/1991

I-35 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA--BASIC FEB/2019

I-36 52.209-4 FIRST ARTICLE APPROVAL -- GOVERNMENT TESTING SEP/1989

(a) The Contractor shall deliver 1 (ONE) unit(s) of Lot/Item CLIN 001AA within 285 calendar days from the date of this contract to the _______ __________ ___

Government at PR W0H9 US ARMY AVN & MISSILE CMD, REDSTONE TECHNICAL TEST CENTER, COTTONWOOD RD BLDG 8022 MF 4500, REDSTONE ARSENAL, AL _________________________________________________________________________________________________________________________

35898-8052 for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The__________ characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

(b) Within 90 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in __ writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

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

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

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

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

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

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

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

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

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

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for

(1) progress payments, or

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

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

(End of Clause)

I-37 52.209-4 FIRST ARTICLE APPROVAL -- GOVERNMENT TESTING (SEP 1989) -- ALTERNATE JAN/1997

I (JAN 1997)

(a) The Contractor shall deliver 1 (ONE) unit(s) of Lot/Item CLIN 0001AA within 285 calendar days from the date of this contract to the _______ ___________ ___

Government at PR W0H9 US ARMY AVN & MISSILES CMD, REDSTONE TECHNICAL TEST CENTER, COTTONWOOD RD BLDG 8022 MF 4500,…