W15QKN21R0018-0004.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

0004 2021AUG05

W15QKN

ARMY CONTRACTING COMMAND - NJ

PICATINNY ARSENAL, NJ 07806-5000

ALEXANDER ALVAREZ

EMAIL: ALEXANDER.ALVAREZ13.CIV@MAIL.MIL

W15QKN-21-R-0018

2021JUN11

X

X 2021AUG17 03:00pm

/SIGNED/

2 signed

SEE SECOND PAGE FOR DESCRIPTION

1 4

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: ALEXANDER ALVAREZ

Buyer Office Symbol/Telephone Number: CCNJ-MC/(973)724-4179

Type of Contract 1: Firm Fixed Price

Kind of Contract: Supply Contracts and Priced Orders

*** End of Narrative A0000 ***

The purpose of Amendment 0004 is to provide responses to questions from industry, extend the proposal due date from 10 August 2021 to 17

August 2021, update Attachment 0011 NM XM1163 and NM XM1162 Price Matrix and update Order Limitations clause 52.216-9, paragraph (b)(2).

Q19. In the response to Q16 in Amendment 3, the USG clarification significantly reduced the annual production capacity requirements for the XM1162 and XM1163 cartridges that we were required to describe in our manufacturing plans and in our IMS. Our interpretation of I-

143(b)(3) is that the USG can order up to 4.5M .300 NM XM1163 and 2M .338NM AP XM1162 every 180 days and the contractor would then be obligated to accept these awards. Additionally, L.4.1.1.e requires that the offeror provide their plan to successfully meet the solicitation's requirement for these delivery rates. Are these quantities correct or would the maximum single order be the maximum yearly quantity shown in Section B? The response in Q16 in Amendment 3 would indicate the quantities would be those in Section B, but would we then need to show delivery rates at these quantities each 180 days or on a yearly basis? We request the USG clarify the maximum annual production quantity requirement and clarify where the delivery rate is specified or how it is to be determined.

R19. Reference R16 of Amendment 003 which explains the differences in the total maximum quantities of 18.8M (XM1163) and 8.7M

(XM1162) throughout the life of the contract and the respective quantity ranges for each of these rounds contained within the

Section J Price Matrix and Section B Contract Line Item Numbers (CLINs). As stated within the aforementioned response, "since this is an Indefinite Delivery/Indefinite Quantity (ID/IQ) contract, the Government can place multiple orders throughout the life of the contract equating to the maximum total quantity of 18.8M and 8.7M quantities, for the XM1163 and XM1162 respectively."

Therefore individual orders cannot exceed the stated quantity ranges established for each round. For the referenced solicitation, I-143(b)(3), it states "The Contractor is not obligated to honor a series of orders from the same ordering office within 180 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section." Therefore the contractor is not obligated to accept orders exceeding the amounts specified in the referenced subparagraphs should they within

180 days of one another. Lastly, reference Section D, 1B) & 2B) Transportation requirements for delivery schedule information.

Q20. The only place in the solicitation that indicates an expected delivery schedule is in D-1B (a) that states FAT 90 days after award and production 365 days after award, although it does say this is the estimated delivery schedule. What are the specific delivery requirements for the U.S. Army on this contract?

R20. Reference R19.

*** END OF NARRATIVE A0005 ***

2 4

W15QKN-21-R-0018

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 52.216-19 ORDER LIMITATIONS OCT/1995

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00 for the .300 Norma Magnum XM1163 & the .338 Norma Magnum XM1162 combined, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess quantity of 4.5M for .300 NM XM1163 and quantity of 2M for .338 NM AP XM1162;

(2) Any order for a combination of items in excess quantity of 6.5M for .300 NM XM1163 & the .338 NM AP XM1162; or

(3) A series of orders from the same ordering office within 180 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition

Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within -5- days after issuance, with written notice stating the Contractors intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

3 4

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION J - LIST OF ATTACHMENTS

List of Number List of Number

Addenda Title Date of Pages Transmitted By Addenda Title Date of Pages Transmitted By________________ ____________________________________________________________ _______________ ____________ _______________________________ ____________________________________________________________ _______________ ____________ _______________

Attachment 0011 PRICE MATRIX 05-AUG-2021 001 EMAIL

4 4