W15QKN19R0049-0001.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

0001 2019APR16

W15QKN

ARMY CONTRACTING COMMAND - NJ

PICATINNY ARSENAL, NJ 07806-5000

MOLLY L. MICHAUD

EMAIL: MOLLY.L.MICHAUD.CIV@MAIL.MIL

W15QKN-19-R-0049

2019MAR29

X

X

/SIGNED/

2 signed

SEE SECOND PAGE FOR DESCRIPTION

1 27

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: MOLLY L. MICHAUD

Buyer Office Symbol/Telephone Number: ACC-NJ-SW/(973)724-7439

Type of Contract 1: Firm Fixed Price

Kind of Contract: Supply Contracts and Priced Orders

*** End of Narrative A0000 ***

The purpose of Amendment 0001 is to:

1) Remove the following sentence from L 2.3.2: "Alternatively, files may be provided in Portable Document Format (.pdf)"

2) Remove "Appendix D" in L.4.3.3 and replace with See Attachment 0006 Past Performance Questionnaire.

3) Remove "Maximum five (5)" from M.3.3.4

4) Update clause 52.212-5 by checking off the following clauses: 52.225-5 Trade Agreements and 52.225-1 Buy American--Supplies.

5) Add the Questions and Answers dated 16 April 2019 attachment to Section J.

Note: Contract Line Item Number (CLIN) and Line Item Number (LIN) are interchangeable.

*** END OF NARRATIVE A0003 ***

2 27

W15QKN-19-R-0049

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

STATEMENT OF WORK FOR ACQUISITION OF____________________________________

NONSTANDARD WEAPONS, PARTS AND ACCESSORIES__________________________________________

1.0 Introduction

Product Manager Crew Served Weapons (PMCSW) has been delegated by the Program Executive Office (PEO) Soldier to address U.S. Army requirements and Foreign Military Sales of nonstandard small arms weapons, optics, and accessories. PMCSW is seeking suppliers to support the procurement of nonstandard requirements.

2.0 Scope

PMCSW has the need to procure a wide variety of Nonstandard Weapons (NSW) to support Department of the Army (DA), Foreign Military Sales

(FMS) and Other Government Agency (OGA) requirements. Nonstandard Weapons are defined as weapons other than those that are type classified as standard and includes obsolete weapons that were previously type classified standard. The Offeror(s) shall provide support in the procurement of weapons, parts, optics, accessories, tools, gages, and manuals for various commercial, foreign, nonstandard and US obsolete weapon systems. Vendors must possess the capability and documentable experience to fabricate, locate, procure or otherwise provide these items and deliver them to multiple locations both within the continental United States (CONUS) as well as outside the continental United States (OCONUS), including theaters of conflict.

Also included are accessories, spare parts, and repair parts for all weapons within the scope of this requirement.

Requirements will be addressed with offerings of various condition ranging from surplus to new production. Specific requirements, including acceptable condition, will be identified on an order by order basis. Some orders might include specific makes and models identified as acceptable solutions.

3.0 Applicable Documents

GENERAL: The following Government publications/documents of the exact revision listed below form a part of this SOW to the extent specified herein. If a conflict exists between these documents and this SOW, the SOW takes precedence. Nothing in this SOW supersedes applicable laws and regulations, unless a specific exemption has been obtained. This SOW is designated as a first tier document. The documents referenced directly in this SOW are designated as second tier documents and are considered part of this SOW to the extent specified. The Data Item Descriptions (DIDs) are included as guidance for the content of these documents. Documents referenced in successive tiers are not part of this SOW and are to be used for guidance only. Unless otherwise specified, the most recently published issues of these documents are those listed in the latest issue of the Department of Defense Index of Specifications and Standards

(DoDISS) and supplement thereto. Copies of these documents are available online at http://quicksearch.dla.mil/ , http://www.apd.army.mil , https://assist.dla.mil/quicksearch/ , http://www.dtic.mil/whs/directives , or from Defense Logistics

Agency's (DLA) Document Services, Bldg. 4/D, 700 Robbins Avenue, Philadelphia, PA 19111-5094. Any documents required by manufacturers in connection with specific acquisition functions may be obtained from the contracting activity or as directed by the contracting officer.

Regulations:

3.1 International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130)

3.2 Arms Export Control Act (AECA) (22 USC 2778-2780) Regulation

Directives and Instructions:

3.3 DoD Directive 2040.3, End Use Certificates (EUCS)

3.4 DoD Instruction 2030.08 Implementation of Trade Security Controls (TSC) for Transfers of DoD US Munitions List (USML) and Commerce

Control List (CCL) Personal Property to Parties Outside DoD Control

3.5 DoD Instruction 2040.02 International Transfers of Technology, Articles, and Services

3.6 DLAI 1104 Control of Small Arms by Serial Number

3.7 DRMS-I 4160.14, Vol. IV, Small Arms Serialization Program Procedures (SASP)

3.8 DOD 4000.25-2-M, Military Standard Transaction Reporting and Accounting Procedures Chapter 12, Small Arms Serial Number Registration and Reporting

3.9 AR710-3 Inventory Management Asset and transaction Reporting System

3.10 DFARS Clause 252.223-7007 Safeguarding Sensitive Conventional Arms, Ammo, And Explosive (Sep 1999)

The Data Item Descriptions (DIDs) are included as guidance for the content of these documents. Documents referenced in successive tiers are not part of this SOW and are to be used for guidance only.

3.11 DI-SAFT-81563, Accident/Incident Report (CDRL A001)

3.12 DI-MGMT-80934C, OPSEC (CDRL A002)

3.13 DI-QCIC-81722, Quality Program Plan (CDRL A003)

3.14 DI-ADMN-81505, Meeting Minutes (CDRL A004)

3.15 DI-MGMT-80227, Delivery Plan Update (CDRL A005)

3 27

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

3.16 DI-MGMT-80368A, Program Management Spreadsheet (CDRL A006)

3.17 DI-MISC-81624, Notification of Test (CDRL A007)

3.18 DI-NDTI-80809B, Lot Acceptance/Conformance Test Report (CDRL A008)

3.19 DI-MISC-81356A, Item Information and Certification Statement (CDRL A009)

3.20 DI-MISC-80914B, Small Arms Serialization Program (CDRL A010)

3.20 DI-MISC-81920, Serial Number List (CDRL A011)

4.0 Requirements

This scope of work describes the ID/IQ contract and delivery orders that may be performed under this ID/IQ contract. The contractor shall deliver required materiel and deliverables in accordance with the specifications stated in this Statement of Work (SOW) and those provided with each awarded delivery order.

4.1 Safety

The contractor shall:

4.1.1 Report immediately (DI-SAFT-81563, CDRL A001) any major accident/incident (including fire) resulting in any one or more of the following: causing one or more fatalities, or one or more disabling injuries; damage of Government property exceeding $10,000; affecting planning or production schedules; degrading the safety of equipment under contract, such that personal injury or property damage may be involved; identifying a potential hazard requiring corrective action.

4.1.2 Comply with the following General Safety Requirements:

4.1.2.1 Nothing in this statement of work shall relieve the contractor of its responsibility for complying with applicable local, national, and international laws, ordinances, codes, and regulations (including those requiring the obtaining of licenses and permits).

4.1.2.2 The contractor shall provide safety awareness/entry training to U.S. Government visitors and inspectors and shall provide them safety equipment and protective clothing equivalent to the safety equipment and protective clothing normally required for the operation/location.

4.1.2.3 Safety standards of sites being visited by Government visitors or inspectors not meeting minimum DOD 4145.26M safety requirements may result in withdrawal of those visitors and inspection personnel and require materiel to be moved to a location meeting minimum safety requirements for required inspection. Final determination for meeting safety requirements will be made by the U.S.

Government personnel on site.

4.1.2.4 Inability to satisfy minimum safety requirements at the time of inspection does not relieve the Contractor from meeting contract requirements.

4.1.2.5 Nothing in this statement of work, nor any Government action or failure to act in surveillance of this contract, shall relieve the Contractor of its responsibility for the safety of the Contractor's personnel and property, Government personnel and property, or the general public.

4.1.2.6 If the Government acts or fails to act in surveillance or enforcement of the safety requirements of this contract, this does not impose any liability on the Government.

4.2 Environmental

The Contractor shall comply with all federal, state, and local environmental laws, regulations and policies, as well as international treaties and agreements for all activities defined in this SOW as well as in future delivery orders.

4.3 Security

The Contractor shall:

4.3.1 Maintain information and records verifying that accountability and security compliance measures as required by the applicable local, country, and international laws and regulations are met by the OCONUS supplier or producer.

4.3.2 Provide notification upon change in status of compliance and resubmission of compliance shall be made in accordance with time intervals required for recertification by local, country, and international regulations.

4.3.3 OPERATIONAL SECURITY (OPSEC): The contractor shall implement a verification process, whether through background checks or other similar processes that enables the Government to attest to the trustworthiness of the workforce and provide a written response explaining how the verification process was completed, within 45 calendar days of contract award. (DI-MGMT-80934C, CDRL A002)

4 27

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

4.4 Public Release of Information: Unless specifically authorized, Contractor is not permitted to publish or otherwise publicly release specifics of contract information such as quantities of items or destinations. Contractor is also not permitted to publish or otherwise publicly release identifiable images or identities of Government personnel involved in the effort without specific authorization. This includes marketing material as well as posting to social media. Per AR 530-1 (or DoDM 5205.02-M), an OPSEC review is required prior to all public releases. All government information intended for public release by a contractor will undergo a government OPSEC review prior to release.

4.5 Quality

Contractor is responsible to conduct (or cause) inspection(s) to ensure weapons, parts, and/or accessories offered will be in the condition required by the Contract/Order and in accordance with the delivery order specific quality plan submitted with the order proposal. For this requirement, the USG generally does not inspect goods at source. It is the USGs intention to reserve the right to observe the Contractors execution of its submitted quality related activities as covered in the Contractors QPP as well as specific quality related activities outlined in their delivery order proposal that would be incorporated in any related order award. The USG may choose not to attend all quality related activities.

4.5.1 Overarching NSW Quality Program Plan (QPP)

A QPP describes the organizational quality plan in place at the corporate level as it relates to the nonstandard weapons program.

4.5.1.1 Contractor is responsible to maintain and execute the QPP that was submitted with the base proposal for the ID/IQ period of performance.

4.5.1.2 Contractor shall submit any desired changes to their QPP to the Government for review and approval. (DI-QCIC-81722, CDRL A003)

4.5.2 Delivery Order Specific Quality Plan

A delivery order specific quality plan describes the specific quality assurance activities to be performed under the delivery order by the Contractor and Subcontractors.

4.5.2.1 Contractor is responsible to submit a delivery order specific quality plan in accordance with instructions in each delivery order solicitation.

4.5.2.2 Contractor will be responsible to execute the delivery order specific quality plan in the event of an award based on that solicitation.

4.6 Base ID/IQ Kickoff Meeting:

A base ID/IQ kickoff meeting will be held within 15 calendar days after contract award. Contractor shall present an overview of its corporate structure and key personnel. The contractor shall provide an agenda with presentation slides 5 calendar days prior to the meeting for Government review. Meeting minutes shall be submitted by the contractor within 5 calendar days of the conclusion of the meeting. (DI-ADMN-81505, CDRL A004)

4.7 Order Specific Requirements

Delivery:

Delivery Order solicitations will provide instructions for submitting a Delivery Plan for each order. Contractor will be responsible to execute the submitted Delivery Plan in the event of an award based on that solicitation. Contractor shall submit updates to their

Delivery Plan to the Government for review and approval. (DI-MGMT-80227, CDRL A005)

4.7.1 Delivery Order Kickoff Meetings: A kickoff meeting will be held for each newly awarded delivery order. Meetings will be conducted via teleconference within 10 calendar days of a new delivery order award. Contractor shall submit an initial Delivery Plan update (DI-

MGMT-80227, CDRL A005) and updated program management spreadsheet (DI-MGMT-80368A, CDRL A006) at least 3 days prior to the scheduled meeting. The Delivery Plan update shall include, at a minimum, an updated schedule with revised dates for milestones and delivery based on the date of Order award.

4.7.2 Routine Status Review: Contractor shall submit an updated program management spreadsheet (DI-MGMT-80368A, CDRL A006) on an every two week basis thereafter. Contractor shall also alert USG no later than ten (10) business days prior to each delivery.

4.7.3 The Government reserves the right to be present and observe any of the activities described in the Contractors QPP and Delivery

Order Specific Quality Plan. This can include in-process inspections as well as any process used in the preparation of surplus items.

The Contractor shall provide written notification to the Government no less than sixty (60) days prior to the date any Prime Contractors acceptance activities (DI-MISC-81624, CDRL A007) for Government travel scheduling. If the Prime Contractors Delivery Plan has acceptance activities occurring less than sixty (60) days after delivery order award, the Contractor shall notify the PCO and wait for a determination. The USG reserves the right to request a delay of a Contractor acceptance to allow the 60 days at no additional cost to the government. It is the Contractors responsibility to coordinate clearance to allow USG access to subcontractor/supplier facilities.

Specific instructions for needed visas, permits, etcetera must be included in the notification. If the date of quality assurance

5 27

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

activities changes, the Contractor shall provide written notification to the Government within 24 hours of change.

4.7.4 Safe and Proper Function: All weapons shall function safely and properly. Accessories shall function safely and properly and not create an unsafe condition when used correctly with intended weapon.

4.7.5 Lot Acceptance/Conformance Test Report: The Prime contractor shall prepare and submit a Lot Acceptance/Conformance Test Report (DI-

NDTI-80809B, CDRL A008) no later than ten (10) days after Prime Contractors acceptance activities are performed.

The Contractor shall provide a report in contractors format that contains:

4.7.5.1 The test and inspection procedures (Prime and Subcontractor) that were performed in accordance with submitted quality plan(s).

4.7.5.2 The results of those tests and inspections. Data included in inspection and test records shall indicate the nature of the observations made and the number and type of deficiencies found.

4.7.5.3 Certification statement from the Prime and Sub Contractor(s) stating that all prescribed testing and acceptance procedures were performed and all delivered materiel are conforming. Where applicable, this report should also include the Proof House data certifying that offered materiel were manufactured to safely and reliably fire live ammunition. Contractor shall provide this Report to the

Technical POC after testing and inspecting and before acceptance.

4.7.6 Provide written notification upon completion of the materiel and receipt of all documentation required for export and movement of the materiel no later than ten (10) business days prior to each shipment.

4.7.7 Pre-Delivery Meeting: Government reserves the right to hold a meeting by teleconference prior to any delivery. This meeting will include government and contractor personnel and will occur no less than 7 days, but no more than 30 days, prior to a delivery. The meeting will serve to finalize arrangements with government, contractor, and subcontractor personnel to ensure all parties are prepared for the delivery.

4.7.8 Serial numbers must use exclusively English alphanumeric characters comprised of Latin letters (A, B, C, and so forth) and Arabic numerals (1, 2, 3, and so forth). In the case that an existing serial number contains other characters (non-English alphanumeric) that can be translated into an alphanumeric equivalent; the translated serial number will be permanently inscribed on the weapons. When an existing serial number cannot be translated; a different, acceptable, serial number shall be assigned and inscribed in accordance with above guidance.

4.7.9 Packaging and Marking: The contractor shall:

4.7.9.1 Package deliverables in accordance with FAR Local Clause 52.211-4000, Commercial Packaging Requirements.

4.7.9.2 Label all items shipped with a placard visible on all sides of the pallet or container in clear, bold English characters stating the Contract/Order Number.

4.7.9.3 Comply with DFARS clause 252.221-7003 related to Item Unique Identification (IUID).

4.7.10 Prepare and deliver an Item Information and Certification Statement (IICS) (DI-MISC-81356A, CDRL A009) in accordance with the template provided as an attachment. A separate IICS is required for each shipment, as defined as each individual aircraft/vessel load. The Contractor shall present a copy of the IICS to the inspection and acceptance POC at Destination, and electronic copies as directed in Data Item A009.

4.7.11 Small Arms Serialization Program (SASP). Contractor shall complete submissions to the Logistics Support Activity

(LOGSA) for SASP (DI-MISC-80914B, CDRL A010) for all weapons and accessories that are tracked by serial number. Contractor shall submit data no later than five (5) days after action/shipping. The contractor is also required to submit a copy of their LOGSA SASP submission to the Contracting Officer within five (5) days of submission to LOGSA.

4.7.12 Serial Number List. Contractor shall submit (DI-MISC-81920, CDRL A011) in contractor format a list of serial numbers of delivered weapons. Submissions shall be electronic in searchable format (i.e. not a scan of a document).

5.0 Other Applicable Clauses, Guidance, Regulations.

5.1 AA&E Clause 52.223-4000

5.2 End User Certificate (EUC) Draft and supporting documentation where required. Submit with each delivery order proposal for each ordered item that requires an EUC, to the Contracting Officer/Contract Specialist. The draft EUC will contain required language such that when transferred to the correct letter head and signed by proper authority will meet all export requirements. The draft EUC and supporting documents submitted with each proposal will be considered binding for any resulting award and any changes to the documents will only be allowable with Contracting Officer approval. Additionally, if any other documentation is needed to successfully export

6 27

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

items from country of export to the delivery destination (such as an End User Support Letter, etc.) that documentation shall be provided to the government or other responsible party(ies) with sufficient time for document staffing.

5.3 Delivery Order Specific Quality Plan: Contractor shall submit a delivery order specific quality plan in accordance with the instructions to Offerors for each Letter of Contemplation (LOC) or RFP. The submitted quality plan will become enforceable under the terms of this contract.

5.4 For Contract Requiring Performance in a Foreign Country. Requires the addition of: DFARS Clause 252.225-7043, AT/Force Protection

(FP) Policy for defense contractors outside of the US applies to this contract. The key AT requirement is for contractor personnel to comply with theater clearance requirements and COCOM policies and directives.

5.5 For Contract Requiring Delivery to Picatinny Arsenal:

52.247-4000 DELIVERIES TO PICATINNY ARSENAL (AS7003) OCT/2010

Trucks shall deliver Monday through Thursday, excluding holidays, between the hours of 7:30 A.M. and 2:00 P.M. Enter through the truck entrance and report to the Scale House for further assistance.

Schedule shipments with ARDEC receiving personnel before delivery at telephone number (973) 724-4243, 3384 or 2503. Failure to schedule delivery could result in delay of off-loading. If you cannot deliver by the contract/purchase order delivery date, you will notify the

Contract Specialist cited on DD Form 1155, SF33 or SF18 for disposition instructions.

5.6 For Contract Requiring Theater Business Clearance (TBC). As a supply requirement for Afghanistan (and other locations requiring

TBC), the following clauses shall apply, in addition to the clauses on the base solicitation.

252.225-7993 Prohibition on Providing Funds to the Enemy

52.222-50 Combating Trafficking in Persons

5152.225-5914 Commodity Shipping Instructions

5.7 Safeguarding sensitive conventional arms, ammunition, and explosives. For contracts involving SRC I-IV or CAT-U AA or E. DFARS

Clause 252.223-7007 applies to this effort unless specifically excluded by conditions stated in DoD Directive 5100.76-M.

5.8 For contracts involving AA or E applicable to Domestic Violence Amendment to the Gun Control Act of 1968. Contractor must ensure compliance with the Domestic Violence Amendment to the Gun Control Act of 1968 Nothing in this clause shall relieve the Contractor of its responsibility for complying with other applicable Federal, state, and local laws, ordinances, codes, and regulations (including requirements for obtaining licenses and permits) in connection with the performance of this contract.

5.9 Export Control Laws/International Traffic in Arms Regulation. Information Subject to Export Control Laws/International Traffic in

Arms Regulation (ITAR): Public Law 90-629, Arms Export Control Act, as amended (22 U.S.C 2751 et. Seq.) requires that all unclassified technical data with military application may not be exported lawfully without an approval, authorization, or license under EO 12470 or the Arms Export Control Act and that such data required an approval, authorization, or license for export under EO 12470 or Arms Export

Control Act. For purposes of making this determination, the Militarily Critical Technologies List (MCTL) shall be used as general guidance. All documents determined to contain export controlled technical data will be marked with the following notice:

WARNING: - This document contains technical data whose export is restricted by the Arms Export Control Act (Title 22, U.S.C., App. 2401 et seq. Violations of these export laws are subject to severe criminal penalties. Disseminate in accordance with provisions of DoD

Directive 5230.25.

5.10 The Contractor shall be capable of accessing, handling, receiving, and storing UNCLASSIFIED documents, equipment, hardware, and test items, using the applicable standards of FOUO information. Controlled Unclassified Information (documents designated as FOR

OFFICIAL USE ONLY and/or LIMITED DISTRIBUTION) shall be submitted by a controlled means using USPS mail, Safe Access File Exchange

(SAFE) website and/or DoD Army approved encryption software as per AR 25-1.

5.11 Contract personnel shall be capable of accessing, handling, receiving, and storing UNCLASSIFIED documents, equipment, hardware, and test items, using the applicable standards of FOUO and CUI. DFARS Clause 252.204-7012, Safeguarding Covered Defense Information and

Cyber Incident Reporting applies to this effort.

5.12 For Contracts That Require Development of an OPSEC Standing Operating Procedure/Plan. Requires the addition of: The contractor shall develop an OPSEC Standing Operating Procedure (SOP)/Plan, in accordance with DI-MGMT-80934C, within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer, per AR 530-1, Operations Security. This SOP/Plan will specify the projects critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator. The contractor will ensure that this individual becomes OPSEC Level II certified per AR 530-1. ARDEC OPSEC POC email: usarmy.pica.rdecom-ardec.mbx.ardec-opsec@mail.mil

5.13 For Delivery Orders that require the contractor personnel to travel overseas: AT Awareness Training for Contractor Personnel

Traveling Overseas. This standard language requires U.S.-based contractor employees and associated subcontractor employees to make available and to receive Government-provided area of responsibility (AOR)specific AT awareness training as directed by AR 525-13.

Government provided awareness training specific to an area of responsibility traveled is provided to contract personnel upon request by

7 27

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

contacting the ARDEC Antiterrorism Officer at usarmy.pica.ardec.mbx.pica-ardec-at-training@mail.mil or 973-724-3005.

5.14 For Delivery Orders that require access to a DoD facility

All contractor employees, including subcontractor employees, requiring access to

Department of Defense installations, facilities, or controlled access areas shall complete AT Level I awareness training within 45 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies and within 12 months prior to travel outside of the US, then annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR (or to the contracting officer, if a COR is not assigned) within

14 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at http://jkodirect.jten.mil/ .

Access and General Protection/Security Policy and Procedures. All contractor employees, including subcontractor employees, shall comply with all installation and facility access and local security policies and procedures (provided by the Government representative), and security/emergency management exercises. The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or

Security Office. Contractor workforce must comply with all personal identity verification requirements (CFR clause 52.204-9, Personal

Identity Verification of Contract Personnel) as directed by DoD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. During FPCONs Charlie and Delta, services/installation access may be discontinued/postponed due to higher threat. Services will resume when FPCON level and or threat is reduced to an acceptable level as determined by the Installation Commander. Contractor personnel working on an installation are required to participate in the Installation Random Antiterrorism Measures Program as directed. Contractors may be subject to and must comply with vehicle searches, wearing of ID badges, etc.

5.14.1 iWATCH (See Something, Say Something) Training. Requires the addition of: All contractor employees, including subcontractor employees, shall receive training and participate in the local iWATCH program (training standards provided by the requiring activity

ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 45 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, and then annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR (or to the contracting officer, if a COR is not assigned) within 14 calendar days after completion of training by all employees and subcontractor personnel.

Slides available to COR at https://www.milsuite.mil/book/docs/DOC-284984

5.14.2 For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated subcontractor employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate

Identification Index (NCIC-III) and Terrorist Screening Database (Army Directive 2014-05/AR 190-13); applicable installation, facility and area commander installation and facility access and local security policies and procedures (provided by Government representative);

or, at OCONUS locations, in accordance with status-of-forces agreements and other theater regulations.

5.14.3 For Delivery Orders that require access to Picatinny Arsenal

5.14.3.1 For Contracts That Require a Government Provided OPSEC Standing Operating Procedure/Plan. The contractor is subject to compliance with the ARDEC Operations Security Plan, per AR 530-1 (or DoDM 5205.02-M). This SOP/Plan will specify the government's critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it.

5.14.3.2 For Contracts That Require OPSEC Training. Requires the addition of: Per AR 530-1 (or DoDM 5205.02-M), new contractor employees, including subcontractor employees, must complete initial OPSEC training within 30 calendar days of reporting for duty and must also complete annual OPSEC awareness training as provided by the appropriately designated OPSEC level II trained OPSEC

Officer/Coordinator. The Contracting Officer Representative (COR) or Agreements Officer Representative (AOR) can request ARDEC OPSEC training from ARDEC OPSEC POC e-mail: usarmy.pica.ardec.mbx.ardec-opsec@mail.mil.

5.14.3.3 For Contracts that Involve the Public Release of Information: Per AR 530-1(or DoDM 5205.02-M), an OPSEC review is required prior to all public releases. All government information intended for public release by a contractor will undergo a government OPSEC review prior to release.

5.15 Foreign Supplier/Subcontractor: Safety and Security. Submit to the Contracting Officer with the proposal for the base IDIQ and each

Delivery Order, documentation/certification that any proposed subcontractor/vendor/supplier(s), have been officially authorized/licensed by the supplier countrys Ministry (of the Interior) that confirms they meet the safety and security standards established by their country.

6.0 Additional Contract Information

6.1 This is an UNCLASSIFIED effort.

8 27

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

6.2 Place of Performance is Contractor Facility

6.3 Contracting Officer Representative (COR) information:

Jeffrey Gould jeffrey.h.gould2.civ@mail.mil

(973) 724-5290

6.4 Alternate Contracting Officer Representative (ACOR) information:

Keith Braun keith.j.braun2.civ@mail.mil

(973) 724-7072

*** END OF NARRATIVE C0001 ***

9 27

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION I - CONTRACT CLAUSES

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

I-1 CHANGED 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR JAN/2019

EXECUTIVE ORDERS--COMMERCIAL ITEMS

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division

E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other

Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 4704 and

10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of

Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved].

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section

743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment (Oct 2015) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (NOV 2011) of 52.219-3.

___ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (ii) Alternate I (JAN 2011) of 52.219-4.

___ (13) [Reserved]

_X__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011) of 52.219-6.

10 27

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

___ (iii) Alternate II (Nov 2011) of 52.219-6.

___ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017)(15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)(15 U.S.C. 657 f)

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013)(15 U.S.C. 632(a)(2)).

___ (23) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Dec 2015)

(15 U.S.C. 637(m)).

___ (24) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Dec

2015) (15 U.S.C. 637(m)).

_X__ (25) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

_X__ (26) 52.222-19, Child LaborCooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X__ (28)(i) 52.222-26, Equal Opportunity (Sep 2016)(E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26.

_X__ (29)(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

_X_ (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

_X__ (31) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Feb

2016)(38 U.S.C. 4212).

_X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X__ (33)(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_X__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of

11 27

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O.

13693).

___ (38)(i) 52.223-13, Acquisition of EPEAT[supreg]-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39)(i) 52.223-14, Acquisition of EPEAT[supreg]-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).

___ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (JAN 2017) of 52.224-3.

_X_ (46) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).

___ (47)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-

283, 110-138, 112-41, 112-42, and 112-43.

___ (ii) Alternate I (MAY 2014) of 52.225-3.

___ (iii) Alternate II (MAY 2014) of 52.225-3.

___ (iv) Alternate III (MAY 2014) of 52.225-3.

_X_ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.o.s, proclamations, and statutes administered by the

Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer -- System for Award Management (Oct 2018)(31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer -- Other Than System for Award Management (Jul 2013)(31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

12 27

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

_X_ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).

_X_ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C.

2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

___(iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

___ (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option

Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41

U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or

Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--

Requirements (MAY 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-

2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractors directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR

Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of

13 27

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other

Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of

FAR…