W15QKN22R0057-0003.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

0003 2022SEP14

W15QKN

ARMY CONTRACTING COMMAND - NJ

PICATINNY ARSENAL, NJ 07806-5000

TIMOTHY CASSIDY

EMAIL: TIMOTHY.J.CASSIDY12.CIV@ARMY.MIL

W15QKN-22-R-0057

2022JUL12

X

X

/SIGNED/

2 signed

SEE SECOND PAGE FOR DESCRIPTION

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CONTINUATION SHEET

Reference No. of Document Being Continued Page of

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION A - SUPPLEMENTAL INFORMATION

Buyer Name: TIMOTHY CASSIDY

Buyer Office Symbol/Telephone Number: CCNJ-MC/(973)724-3244

Type of Contract 1: Firm Fixed Price

Kind of Contract: Supply Contracts and Priced Orders

*** End of Narrative A0000 ***

The purpose of Amendment 0003 to W15QKN-22-R-0057 is to answer questions received from industry, update Section J, Attachment 0001 -

Price Matrix, and update Sections L and M.

Additionally, this Amendment serves to state if new questions arise within seven calendar days before the proposal submission date, it is unlikely the Government will have time to respond.

This Amendment also serves to include FAR Clause 52.232-16 Progress Payments and FAR Clause 52.232-32 Performance-Base Payments. The

Government will determine on a delivery order basis, if Government financing will be applicable or permitted.

Section L has been updated as follows:

1. L.2.3: Title of Go / No-Go has been updated to Registration/Licensing;

2. L.2.3: DDTC items have been broken out from DDTC License to Item 1 DDTC Broker Registration and Item 2 DDTC Exporter Registration;

3. L.2.3: ATF Type 11 license has been updated to Item 3;

4. L.3.4: Title has been updated to Go / No-Go: Registration/Licensing;

5. L.3.4.1 Section 1 has been updated to deal with only the DDTC Broker Registration requirement and the in process language has been removed;

6. L.3.4.2 Section 2 has been updated to deal with only the DDTC Exporter Registration Requirement;

7. L.3.4.3 Section 3 has been updated to ATF Type 11 License being Item 3 and the in process language has been removed;

8. L.3.5.1 Key Point 3 has been updated to the following: The Offeror shall provide evidence that substantiates the Offerors experience and ability to effectively manage schedule and performance of the Offerors major / key Subcontractors for the delivery of ammunition to both CONUS and OCONUS locations. Evidence can be submitted in the form of previously held licenses (DDTC and ATF) and proof of delivery of substantially similar contract actions (non-destructive devices) to CONUS and OCONUS locations;

9. L.3.5.3 Table has been updated to reflect Item Number 0443 for Inert 125mm APFSDS.

Section M has been updated as follows:

1. M.1: All occurrences of Go / No-Go: Licensing have been replaced with Go / No-Go: Registration/Licensing;

2. M.3.3.1: All occurrences of Go / No-Go: Licensing have been replaced with Go / No-Go: Registration/Licensing;

3. M.3.4 Factor 1: Go / No-Go title has been updated to Go / No-Go Registration/Licensing and items are divided into 3 items DDTC Broker

Registration, DDTC Exporter Registration and ATF type 11 license;

4. M.3.4.1: Paragraph updated from Both items require a Pass rating to be eligible for award, to all items require a Pass rating to be eligible for award;

5. M.4: All occurrences of Go / No-Go: Licensing have been replaced with Go / No-Go: Registration/Licensing;

6. M.4: Go / No-Go criteria broken out into 3 items instead of 2;

7. M.5.1 Key Point #3 has been updated to as follows: The adequacy of the primes experience and ability to effectively manage major / key Subcontractor in performance and schedule. The Offerors submission of evidence of previous licenses (DDTC & ATF) of ammunition delivered to both CONUS and OCONUS locations and the successful completion of prior deliveries will be evaluated to ensure accuracy;

8. M.5.3 Table has been updated to reflect Item Number 0443 for Inert 125mm APFSDS.

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W15QKN-22-R-0057

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

Questions and Answers:

Question 1: In regards to RFP paragraph L.2.3, Volume III Technical, Maximum pages: 100 for the entire Technical Volume. Request the

Technical Data Packages (TDPs) be removed from the page count. Rationale being that removing the limits enables offerors to provide the level of detail required by the RFP that is not feasible otherwise.

Answer 1: TDPs shall not be removed from Page Count. Despite the opposite being stated in a prior Amendment, Amendment 0003 shall state that TDPs shall not be removed from the Page Count.

Question 2: In regards to RFP Paragraph L.3.5.3 & M.3.5 (Transportation Plan) Attachment 0001 Price Matrix, Table of items in both sections identifies CLIN 0444 with description as Inert 125mm APFSDS. Price Matrix identifies CLIN 0444 as Inert 125mm APFSDS-T.

Please clarify if the Government wants the Transportation Plan to include CLIN 0443, Inert 125mm APFSDS or CLIN0444, Inert 125mm APFSDS-

T and update Sections L.3.5.3 & M.3.5 accordingly.

Answer 2: Item Number 0443, Inert 125mm APFSDS is correct. Amended L.3.5.3. & M.5.3 to reflect Item Number 0443 Inert 125mm APFSDS. It shall be noted that the correct reference for Section M Paragraph is M.5.3 not M.3.5.

Question 3: For CLINS 0332 and 0333, Sole source supplier returned, "While company x appreciates the RFQ, we unfortunately must decline to provide a quotation. The quantities in this solicitation are such that it can only be met with inventory hardware held at company xs facility. A check of this inventory has revealed components whose shelf life has expired. For instance, the Flechette Warhead fuses are time expired, and the fuses cannot be replaced. In addition, the CRV-7 rocket motors in our inventory will time expire in 2023.

Offeror requests that items be removed from Attachment 0001 Price Matrix.

Answer 3: Item Numbers 0332 and 0333 have been removed from the Section J, Attachment 0001 - Price Matrix and replaced with intentionally left blank.

Question 4: In regards to Section C Statement of Work and Attachment 003 Delivery Order Proposal Form, 90 calendar days after award or

EUC if required. Based on SOW notification and event timeline requirement for LAT, LATR and GSI, schedule is longer than the

Government's 90 day ARO delivery requirement. Request Attachment 0003 Delivery Schedule be extended to 120 calendar days after award or

EUC, if required.

Answer 4: No change needed. The requirement remains 90 calendar days after award, or EUC, if required.

Question 5: For CLIN 0296, Offeror presumes this refers to the ESPIN-21. The ESPIN (Porcupine) 21, was a 120mm cluster munition containing 21 bomblets, that could be fired from a 120mm mortar weapon system. It was produced by Instalaza SA in Zaragoza, Spain, until Spain became a signatory to the Convention on Cluster Munitions, after which they ceased production and destroyed all stockpiles.

At the time of initial declaration, Spain had 1950 ESPIN-21s in inventory (containing 40,950 bomblets), but as of 2018 Spain reported that the stockpile had been eliminated and they had 0 in inventory. For this reason, (OFFEROR) is not able to provide a price as all indications are that no inventory exists based on the latest reports.

Request for CLIN 0296 Removal.

Answer 5: Item Number 0296 was already removed via a prior amendment and the Section J, Attachment 0001 - Price Matrix was updated to remove CLIN 0296 and was replaced with intentionally left blank.

Question 6: On page 92, the Government has requested that past performance submitted in response to this solicitation be within the past three years. However, in light of the COVID-19 pandemic, would the Government be open to extending the threshold to five years, particularly due to the fact that many projects were halted during the past two years?

Answer 6: The Government requirement remains unchanged at three years for recent and relevant past performance efforts.

Question 7: In regards to CLIN's 0321 & 0322, they are identified as "Russian". Will the Government consider eliminating these items from the Price Matrix?

Answer 7: Item Numbers 0321 & 0322 are hereby removed and the Section J, Attachment 0001 - Price Matrix has been updated to remove and replaced with intentionally left blank.

Question 8: For CLINS 0381 & 0382, they are determined to be available only from Russian sources or through manufacturers producing the item under license from Rosoboronexport. Will the Government consider eliminating these CLINs from the Price Matrix?

Answer 8: Item Numbers 0381 & 0382 are hereby removed and the Section J, Attachment 0001 - Price Matrix has been updated to remove and replaced with intentionally left blank.

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Question 9: In the Attachment 0001 Price Matrix, CLIN 0022 .338 Norma Magnum AP, the Weapon System lists a belt fed system. Does the

Government require loose or linked ammunition?

Answer 9: For Line Item 0022, Weapon System has been updated to Advanced Sniper Rifle (ASR), therefore loose ammunition.

Question 10: In the Attachment 0001 Price Matrix, CLIN 0036 6.5mm Creedmoor Ball Linked, please verify the Weapon System.

Answer 10: For Line Item 0036, the Weapon System has been updated to FN MK48.

Question 11: In the Attachment 0001 Price Matrix, 0377, 0378, 0379, 0380, 0381 and 0382 - Will the Government accept equivalents for the

ATGM items?

Answer 11: Equivalents are acceptable, as long as they can be launched from the applicable launcher (9P135 Series, 9P151, 9P163-1 tripod launcher and 1PN79-1 sight).

*** END OF NARRATIVE A0004 ***

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SECTION I - CONTRACT CLAUSES

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

I-1 ADDED 52.232-22 LIMITATION OF FUNDS APR/1984

I-2 CHANGED 52.232-16 PROGRESS PAYMENTS (DEVIATION 2020-O0010) NOV/2021

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:

(a) Computation of amounts.

(1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 90 percent of the

Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The

Contracting Officer will consider cost of money that would be allowable under Federal Acquisition Regulation (FAR) 31.205-10 as an incurred cost for progress payment purposes.

(2) The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors--

(i) In accordance with the terms and conditions of a subcontract or invoice; and

(ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.

(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless-

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).

(4) The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause:

(i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.

(ii) Costs incurred by subcontractors or suppliers.

(iii) Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of such costs.

(iv) Payments made or amounts payable to subcontractors or suppliers, except for--

(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and

(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.

(5) The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including allowable unliquidated progress payments to subcontractors) nor (ii) the value, for progress payment purposes, of the incomplete work.

Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the

Contractor and acceptance by the Government are incomplete.

(6) The total amount of progress payments shall not exceed 90 percent of the total contract price.

(7) If a progress payment or the unliquidated progress payments exceed the amounts permitted by subparagraphs (a)(4) or (a)(5) above, the Contractor shall repay the amount of such excess to the Government on demand.

(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The Contracting Officer may make exceptions.

(9) The costs applicable to items delivered, invoiced, and accepted shall not include costs in excess of the contract price of the items.

(b) Liquidation. Except as provided in the Termination for Convenience of the Government clause, all progress payments shall be liquidated by deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress

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payments, or 90 percent of the amount invoiced, whichever is less. The Contractor shall repay to the Government any amounts required by a retroactive price reduction, after computing liquidations and payments on past invoices at the reduced prices and adjusting the unliquidated progress payments accordingly. The Government reserves the right to unilaterally change from the ordinary liquidation rate to an alternate rate when deemed appropriate for proper contract financing.

(c) Reduction or suspension. The Contracting Officer may reduce or suspend progress payments, increase the rate of liquidation, or take a combination of these actions, after finding on substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (f) and (g) below).

(2) Performance of this contract is endangered by the Contractor's (i) failure to make progress or (ii) unsatisfactory financial condition.

(3) Inventory allocated to this contract substantially exceeds reasonable requirements.

(4) The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of business.

(5) The fair value of the undelivered work is less than the amount of unliquidated progress payments for that work.

(6) The Contractor is realizing less profit than that reflected in the establishment of any alternate liquidation rate in paragraph

(b) above, and that rate is less than the progress payment rate stated in subparagraph (a)(1) above.

(d) Title.

(1) Title to the property described in this paragraph (d) shall vest in the Government. Vestiture shall be immediately upon the date of this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

(2) Property, as used in this clause, includes all of the below-described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices.

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, and other similar manufacturing aids, title to which would not be obtained as special tooling under subparagraph (ii) above; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract, e.g., the termination clauses, shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract without requesting the Contracting Officer's approval, but the proceeds shall be credited against the costs of performance.

(5) To acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor must obtain the Contracting Officer's advance approval of the action and the terms. The Contractor shall (i) exclude the allocable costs of the property from the costs of contract performance, and (ii) repay to the Government any amount of unliquidated progress payments allocable to the property. Repayment may be by cash or credit memorandum.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all progress payments, title shall vest in the Contractor for all property (or the proceeds thereof) not--

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the

Government under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the

Government acquired title solely under this clause.

(e) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. The Contractor

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shall repay the Government an amount equal to the unliquidated progress payments that are based on costs allocable to property that is lost (see 45.101).

(f) Control of costs and property. The Contractor shall maintain an accounting system and controls adequate for the proper administration of this clause.

(g) Reports, forms, and access to records.

(1) The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information (including estimates to complete) reasonably requested by the Contracting Officer for the administration of this clause. Also, the Contractor shall give the Government reasonable opportunity to examine and verify the Contractor's books, records, and accounts.

(2) The Contractor shall furnish estimates to complete that have been developed or updated within six months of the date of the progress payment request. The estimates to complete shall represent the Contractor's best estimate of total costs to complete all remaining contract work required under the contract. The estimates shall include sufficient detail to permit Government verification.

(3) Each Contractor request for progress payment shall:

(i) Be submitted on Standard Form 1443, Contractor's Request for Progress Payment, or the electronic equivalent as required by agency regulations, in accordance with the form instructions and the contract terms; and

(ii) Include any additional supporting documentation requested by the Contracting Officer.

(h) Special terms regarding default. If this contract is terminated under the Default clause, (i) the Contractor shall, on demand, repay to the Government the amount of unliquidated progress payments, and (ii) title shall vest in the Contractor, on full liquidation of progress payments, for all property for which the Government elects not to require delivery under the Default clause. The Government shall be liable for no payment except as provided by the Default clause.

(i) Reservations of rights.

(1) No payment or vesting of title under this clause shall (i) excuse the Contractor from performance of obligations under this contract or (ii) constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause (i) shall not be exclusive but rather shall be in addition to any other rights and remedies provided by law or this contract and (ii) shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(j) Financing payments to subcontractors. The financing payments to subcontractors mentioned in paragraphs (a)(1) and (a)(2) of this clause shall be all financing payments to subcontractors or divisions, if the following conditions are met:

(1) The amounts included are limited to--

(i) The unliquidated remainder of financing payments made; plus

(ii) Any unpaid subcontractor requests for financing payments.

(2) The subcontract or interdivisional order is expected to involve a minimum of approximately 6 months between the beginning of work and the first delivery; or, if the subcontractor is a small business concern, 4 months.

(3) If the financing payments are in the form of progress payments, the terms of the subcontract or interdivisional order concerning progress payments--

(i) Are substantially similar to the terms of this clause for any subcontractor that is a large business concern, or this clause with its Alternate I for any subcontractor that is a small business concern;

(ii) Are at least as favorable to the Government as the terms of this clause;

(iii) Are not more favorable to the subcontractor or division than the terms of this clause are to the Contractor;

(iv) Are in conformance with the requirements of FAR 32.504(e); and

(v) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the

Government's right to require delivery of the property to the Government if--

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(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(4) If the financing payments are in the form of performance-based payments, the terms of the subcontract or interdivisional order concerning payments--

(i) Are substantially similar to the Performance-Based Payments clause at FAR 52.232-32 and meet the criteria for, and definition of, performance-based payments in FAR Part 32;

(ii) Are in conformance with the requirements of FAR 32.504(f); and

(iii) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the

Government's right to require delivery of the property to the Government if--

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(5) If the financing payments are in the form of commercial product or commercial service financing payments, the terms of the subcontract or interdivisional order concerning payments--

(i) Are constructed in accordance with FAR 32.206(c) and included in a subcontract for a commercial product or commercial service purchase that meets the definition and standards for acquisition of commercial products and commercial services in FAR parts 2 and 12;

(ii) Are in conformance with the requirements of FAR 32.504(g); and

(iii) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the

Government's right to require delivery of the property to the Government if--

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(6) If financing is in the form of progress payments, the progress payment rate in the subcontract is the customary rate used by the contracting agency, depending on whether the subcontractor is or is not a small business concern.

(7) Concerning any proceeds received by the Government for property to which title has vested in the Government under the subcontract terms, the parties agree that the proceeds shall be applied to reducing any unliquidated financing payments by the Government to the

Contractor under this contract.

(8) If no unliquidated financing payments to the Contractor remain, but there are unliquidated financing payments that the Contractor has made to any subcontractor, the Contractor shall be subrogated to all the rights the Government obtained through the terms required by this clause to be in any subcontract, as if all such rights had been assigned and transferred to the Contractor.

(9) To facilitate small business participation in subcontracting under this contract, the Contractor shall provide financing payments to small business concerns, in conformity with the standards for customary contract financing payments stated in FAR 32.113. The

Contractor shall not consider the need for such financing payments as a handicap or adverse factor in the award of subcontracts.

(k) Limitations on undefinitized contract actions. Notwithstanding any other progress payment provisions in this contract, progress payments may not exceed 80 percent of costs incurred on work accomplished under undefinitized contract actions. A contract action is any action resulting in a contract, as defined in subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes. This limitation shall apply to the costs incurred, as computed in accordance with paragraph (a) of this clause, and shall remain in effect until the contract action is definitized. Costs incurred which are subject to this limitation shall be segregated on Contractor progress payment requests and invoices from those costs eligible for higher progress payment rates. For purposes of progress payment liquidation, as described in paragraph (b) of this clause, progress payments for undefinitized contract actions shall be liquidated at 80 percent of the amount invoiced for work performed under the undefinitized contract action as long as the contract action remains undefinitized. The amount of unliquidated progress payments for undefinitized contract actions shall not exceed 80 percent of the maximum liability of the Government under the undefinitized contract action or such lower limit specified elsewhere in the contract. Separate limits may be specified for separate actions.

(l) Due date. The designated payment office will make progress payments on the -TBD- day after the designated billing office receives a proper progress payment request. In the event that the Government requires an audit or other review of a specific progress payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make

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payment by the specified due date. Progress payments are considered contract financing and are not subject to the interest penalty provisions of the Prompt Payment Act.

(m) Progress payments under indefinite-delivery contracts. The Contractor shall account for and submit progress payment requests under individual orders as if the order constituted a separate contract, unless otherwise specified in this contract.

(End of clause)

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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 0001 PRICE MATRIX 12-SEP-2022 001 DATA

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SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L. PROPOSAL SUBMISSION

L.1 Offerors shall provide information by addressing each Factor / Subfactor in the format and sequence identified in the solicitation.

The Offerors must provide information in sufficient detail to allow the Government to make a best value assessment of the Offerors capability to support the proposed response to the evaluation criteria. Proposals that do not contain the information requested in the solicitation risk being determined unacceptable by the Government. The Government will not assume the Offeror possesses any capability, understanding, or commitment not specified in the proposal. The proposal must not merely repeat the solicitation requirements, but rather must provide convincing documentary evidence in support of conclusive statements of how contract requirements will be met.

L.1.2 Alternate Proposals: Alternate proposals will not be accepted.

L.1.3 Proposals shall be valid through 270 calendar days from date the solicitation closes.

L.1.4 All questions concerning this procurement, either technical or contractual, must be submitted in writing to the Contracting

Office. No direct communication between the technical representative and a prospective Offeror shall be conducted. Questions and proposals shall be submitted to the following Point of Contact (POC):

Army Contracting Command New Jersey

ACC-NJ-MC, Bldg. 10

ATTN: Timothy Cassidy, Telephone: (973) 724-3244

Picatinny Arsenal, NJ 07806

E-mail: timothy.j.cassidy12.civ@army.mil

Responses to submitted questions will be provided to all Offerors via Contract Opportunities at https://beta.sam.gov/ and the Solicitation Module at https://piee.eb.mil/sol/xhtml/unauth/index.xhtml

L.2 PROPOSAL SUBMISSION REQUIREMENTS ________________________________

L.2.1. The Offeror shall submit their proposal electronically through the Solicitation Module of the Procurement Integrated Enterprise

Environment (PIEE) suite at https://piee.eb.mil/pee-landing/ In order to do so, vendors must be registered as a Proposal Manager in PIEE. Vendor registration instructions can be found at:

https://www.acq.osd.mil/asda/dpc/ce/cap/docs/piee/PIEE_Solicitation_Module_Vendor_Access_Instructions.pdf

Proposals submitted by mail or hand carried will not be evaluated. Proposals sent through proprietary or third party File Transfer

Protocol (FPT) sites or DoD Secure Access File Exchange (SAFE) will not be retrieved. It is the Offeror's responsibility to obtain written confirmation of receipt of all electronic files of the full proposal by the ACC-NJ Contracting Office. Any portion of the proposal that is changed (as a result of discussions or proposal revisions) should be annotated and dated. Each volume shall begin at the top of a page and be clearly labeled with its Title and a copy number (e.g., one of five). In the event that the PIEE Solicitation

Module is down, the alternate method for proposal submission is via email to usarmy.pica.acc.mbx.acc-nj-proposal-submissionarmy.mil@army.mil. It shall be noted that the size limit on incoming messages for this alternate email is 35MB. The Offeror must obtain prior approval from the Contracting Officer via email to use the alternate submission method. All proposals received after the exact time specified for receipt shall be treated as late submissions and will not be considered except under facts and circumstances allowed by the Federal Acquisition Regulation (FAR). For instructions on how to post an offer, please refer to the Posting

Offer demo: https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf

Offerors are responsible for ensuring electronic copies are virus-free and shall run an anti-virus scan before submission. Electronic copies of each volume shall be compatible with the following software products: Adobe Acrobat Reader DC and Microsoft Office Suite 2016.

Narrative portions of the proposal shall be in Adobe Acrobat portable document file (pdf) searchable text format. The Offeror shall not embed sound or video (e.g., MPEG) files into the proposal files. Electronic files shall be clearly identified for each volume, section, and item.

L.2.2 Each paragraph should be single spaced, and shall be separated by at least one blank line. A standard, 12-point minimum font size applies. Arial or Times New Roman fonts are required. Tables and illustrations may use a reduced font size no less than 8-point and may be produced in landscape mode.

L.2.3. The following volumes of material shall be submitted:

| Volume | Title | Maximum Pages |

| I | Go / No-Go: Registration/Licensing | No page limit

| | Item 1 | |

| | U.S. Department of State | |

| | Directorate of Defense Trade Controls (DDTC) Broker Registration | |

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| | Item 2 | |

| | U.S. Department of State | |

| | DDTC Exporter Registration |

| | Item 3 | |

| | Alcohol, Tobacco, Firearms and Explosives (ATF) Type 11 License | |

| II | Management | 180 for the entire Management Volume* |

| | Subfactor 1 Program Management Plan | |

| | Subfactor 2 Manufacturer Supply List | |

| | Subfactor 3 Transportation Plan | |

| | Subfactor 4 Delivery Order 0001 | |

| III | Technical | 100 for the entire Technical Volume |

| | Subfactor 1 Technical Description | |

| | Subfactor 2 Technical Verification | |

| IV | Price | No page limit |

| V | Past Performance | 40 |

| VI | Small Business Participation | 50 |

| VII | Solicitations, Offer and Award Documents | No page limit |

| | and Certifications / Representations | |

*Letters of Commitment are not included in the page count for Volume II.

Each volume shall be as brief as possible, consistent with complete submission. Pages that exceed the required page limitations will not be evaluated. Additional pages over the maximum allowed will be removed or not read and will not be evaluated by the Government. The page count will be made by counting the pages from left to right, consecutively. Pages that exceed the page limitation will be returned to the Offeror and will not be evaluated. Each paragraph shall be separated by at least one blank line. Annexes, documentation and attachments that are submitted by the Offeror, which are not required as part of the RFP, will count against the page limitations. If pages are printed on both sides, each side will count as a separate page. The following will not count against page limitations: volume title pages, table of contents pages, cross-referencing pages, indices, acronym lists and page dividers (used to separate proposal sections). Pages should not exceed 8-1/2 inches in width by 11 inches in length; pages printed on both sides depicting such items as sketches, factory floor layouts, etc. will be counted as two pages. The font used shall not be less than 10 point.

L.2.4. There shall be no classified material within the proposal.

L.3. PROPOSAL FILES ______________

L.3.1 Format. The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin_____________ at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and RFP number in the header and / or footer. A Table of Contents should be created using the Table of Contents feature in MS Word. All proposal volumes shall be marked with the appropriate Controlled Unclassified Information (CUI) markings. MS Word (doc) files shall use the following page setup parameters:

Margins Top, Bottom, Left, Right 1

Gutter 0

From Edge Header, Footer 0.5

Page Size, Width 8.5

Page Size, Height 11

The following additional restrictions apply:

L.3.2 File Packaging. All of the proposal files shall be compressed (zipped) into one file entitled proposal zip using WinZip version_____________________

6.2 or later, or as separate uploads in their narrative format (i.e., doc, xls, ppt, etc.). Files shall be in read-only format, using

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PDF files. All price breakdown information to aid in the price evaluation shall be submitted in Microsoft Office Excel Read / Write format and viewable in Microsoft Excel 2016. All information submitted as part of the proposal shall be submitted as searchable text

(i.e., CTRL+F enabled) including explanations referencing images. All images shall be clear and evaluators shall be able to clearly identify text and markings within the images at 100% view. **Please note Self-extracting .exe files are not acceptable.

L.3.3 Content Requirement. All information shall be confined to the appropriate file. The Offeror shall confine submissions to essential__________________________ matters, sufficient to define the proposal in a concise manner, to permit a complete and accurate evaluation of each proposal. Each file of the proposal shall consist of a Table of Contents, Summary Section, and the Narrative discussion. The Summary Section shall contain a brief abstract of the file. Proprietary information shall be clearly marked. The following shall be included in the Narrative discussion:

Offerors are responsible for including sufficient details (i.e., drawings, test data) to permit a complete and accurate evaluation strictly from a technical standpoint. The non-Price Factor submittals shall have a separate index, which contains narrative titles that are cross-referenced to both the applicable SOW paragraph and page number. This index shall not count against the Page limitation for the Technical Volume. The narrative discussions shall also be related to the applicable SOW paragraph by placing the appropriate SOW number at the beginning of the discussion text. The proposal shall be detailed and clearly stated to allow an assessment by the

Government without the need for additional clarifications. The Offeror shall provide detailed narrative discussions that address both the SOW and the Contract Data Requirements Lists (CDRLs) of the solicitation. All information and data provided shall be specific to

SAWS, except for the area of Past Performance. In response to the RFP, the Offeror must address the following Factors and Subfactors:

L.3.4 VOLUME I Go / No-Go: Registration/Licensing. Proposal shall demonstrate that the Offeror is capable of meeting solicitation _____________________________________________ requirements by providing copies of the necessary Registration/Licensing documents associated with the importation process. The volume shall be organized into the following sections:

L.3.4.1 Section 1 Item 1 U.S. Department of State Directorate of Defense Trade Controls (DDTC) Broker Registration. This item ____________________________________________________________________________________________________________ demonstrates the Offerors ability to meet the DDTC Broker Registration requirement. The Offeror shall provide a current, unexpired electronic copy of their DDTC Broker Registration letter or if recently expired, evidence of renewal submission prior to the expiration date.

L.3.4.2 Section 2 Item 2 U.S. Department of State DDTC Exporter Registration. This item demonstrates the Offerors ability to meet the ______________________________________________________________________

DDTC Exporter Registration requirement. The Offeror shall provide a current, unexpired electronic copy of their DDTC Exporter

Registration letter or if recently expired, evidence of renewal submission prior to the expiration date.

L.3.4.3 Section 3 Item 3 Alcohol, Tobacco, Firearms and Explosives (ATF) Type 11 License. This item evaluates the Offerors ATF Type 11 __________________________________________________________________________________

License. The Offeror shall provide a current, unexpired electronic copy of their ATF Type 11 License or if recently expired, evidence of renewal submission prior to the expiration date.

L.3.5 VOLUME II Management. The volume shall be organized into the following Subfactors: ____________________

L.3.5.1 Subfactor 1 Program Management Plan. This subfactor evaluates the Offerors Program Management Plan using the examples in the ___________________________________

Table below. The Offeror shall provide a detailed Program Management Plan for the items in the Table below. The Plan shall include details to effectively manage, meet schedule and monitor performance of the Offerors major / key Subcontractors. Major / key

Subcontractors are defined as those that will be providing critical hardware, or process, or whose subcontract is for more than 25% of the proposed price. At a minimum, the Offeror will provide information to substantiate the following:

KEY POINT #1: The Offeror shall provide a detailed Integrated Master Schedule (IMS), which identifies all program tasks required for____________ successful execution (milestones, events and program tasks from receipt of DO, through delivery, highlighting the critical path and closeout of the DO identified with associated manufacturer) to include the tasks and milestones identified in the Government SOW, and

General Specifications, including deliverables and data items. The IMS shall be provided in a Gantt chart (or similar presentation format). File shall be submitted in PDF format.

KEY POINT #2: The Offerors Program Management Plan shall also include a description of each of the tasks included in the IMS with____________ references to the tasks and milestones identified in the Government SOW, and General Specifications, including deliverable and data items.

KEY POINT #3: The Offeror shall provide evidence that substantiates the Offerors experience and ability to effectively manage schedule____________ and performance of the Offerors major / key Subcontractors for the delivery of ammunition to both CONUS and OCONUS locations. Evidence can be submitted in the form of previously held licenses (DDTC and ATF)and proof of delivery of substantially similar contract actions

(non-destructive devices) to CONUS and OCONUS locations.

Offeror shall use the following items to illustrate their capability to provide a complete and detailed Program Management Plan.

***PLEASE NOTE: This plan is for Evaluation Purposes ONLY.

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| Item Numbers | Item | Quantity | Destination |

| 0010 | 7.62x54mm Ball | 1,000,000 | Mogadishu International Airport, Somalia |

| 0010 | 7.62x54mm Ball | 100,000 | Crane Army Ammunition Activity, IN |

| 0357 | 7.62x54mm Linking Machine | 2 | Mogadishu International Airport, Somalia |

| 0024 | 12.7x108mm Ball | 250,000 | Mogadishu International Airport, Somalia |

| 0024 | 12.x7108mm Ball | 50,000 | Crane Army Ammunition Activity, IN |

| 0352 | 12.7x108mm Ball Linking Machine | 2 | Mogadishu International Airport, Somalia |

L.3.5.2 Subfactor 2 Manufacturer Supply List. This subfactor evaluates the Offerors current Manufacturer Supply List. The Offeror shall _____________________________________ provide its current manufacturer supply list for each item listed in Section J, Attachment 0001 - Price Matrix for all Item Numbers, with a minimum of one manufacturer listed for each item. A Letter of Commitment from that respective manufacturer should support each manufacturer proposed. If Letter of Commitment is to an entity other than the Offeror, the other entity should provide a Letter of

Commitment to Offeror and a copy of Letter of Commitment from the manufacturer. The Offeror shall provide, at a minimum, the following:

KEY POINT #1: The manufacturer of each Item Number shall have the following information, at a minimum:____________

Item.

Quantity.

Manufacturer location(s).

Supply type - new production and / or surplus with ammunitions range of years manufactured and service life. As defined in the

General Specifications, stock ammunition must be less than five years old for all ammunition, except for small caliber ammunition, which shall be less than ten years old.

If multiple manufacturers, the quantity should be reflected for each manufacturer.

KEY POINT #2: Letter(s) of Commitment from manufacturers should include, at a minimum:____________

Name and address of the company providing the commitment.

Item of commitment.

Length of commitment; the Government prefers a minimum of 270 calendar days from date the solicitation closes.

Date received and signature of individual from manufacturer; the Government prefers and individual that is authorized to bind the company and provides a firm commitment.

L.3.5.3 Subfactor 3 Transportation Plan. This subfactor serves to evaluate the Offerors Transportation Plan using the eamples in the ________________________________

Table below. The Offeror shall provide a detailed Transportation Plan for the items in the Table below. The Plan shall include details to ensure effective management, meet schedule and monitor programmatic performance of the Offerors Subcontractors and Freight

Forwarders. The Offerors plan at a minimum shall including the following substantiating information:

KEY POINT #1: The Offerors Transportation Plan shall include the following at a minimum:____________

Schedule milestones of each shipment.

Schedule milestones and terms of local and state permits, approval and / or clearances in manufacturers country and all foreign states and locality necessary for the movement and into final country.

Mode(s) of transportation from origin to final delivery point (to include inland transportation).

Identification of port(s) to be utilized.

Identification of freight forwarder companies with commitment letters.

Rough Order of Material (ROM) price for transportation costs.

***PLEASE NOTE: Transportation Plan is for Evaluation Purposes ONLY.

| Item Numbers | Item | Quantity | Destination | Delivery Schedule |

| 0297 | 40mm HE Frag | 20,000 | Camp Arifjan, Kuwait | 180 calendar days after award or EUC, if required |

| 0010 | 7.62x54mm Ball | 5,000,000 | Camp Arifjan, Kuwait | 90 calendar days after award or EUC, if required |

| 0010 | 7.62x54mm Ball | 400,000 | Crane Army Ammunition Activity, IN | 90 calendar days after award or EUC, if required |

| 0357 | 7.62x54mm | 5 | Camp Arifjan, Kuwait | 180 calendar days after award or EUC, if required |

| | Linking Machine | | | |

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| 0357 | 7.62x54mm | 1 | Picatinny Arsenal, NJ | 180 calendar days after award or EUC, if required |

| | Linking Machine | | | |

| 0357 | 7.62x54mm | 5 | Crane Army Ammunition Activity, IN | 180 calendar days after award or EUC, if required |

| | Linking Machine | | | |

| 0341 | Belt, 7.62x54mm | 5000 | Camp Arifjan, Kuwait | 90 calendar days after award or EUC, if required |

| | (100 rds) | | | |

| 0341 | Belt, 7.62x54mm | 10 | Crane Army Ammunition Activity, IN | 90 calendar days…