W31P4Q-17-R-0046-Amendment_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 2018SEP21

W31P4Q

ARMY CONTRACTING COMMAND-REDSTONE

REDSTONE ARSENAL AL 35898-5280

SAMANTHA M. SCHRIMSHER

EMAIL: SAMANTHA.M.SCHRIMSHER.CIV@MAIL.MIL

W31P4Q-17-R-0046

2018SEP21

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: SAMANTHA M. SCHRIMSHER

Buyer Office Symbol/Telephone Number: CCAM-TMH/(256)842-3769

Type of Contract 1: Firm Fixed Price

Type of Contract 2: Cost Plus Fixed Fee

Kind of Contract: Supply Contracts and Priced Orders

*** End of Narrative A0000 ***

A. THE PURPOSE OF THIS SOLICITATION W31P4Q-17-R-0046, AMENDMENT 001, IS TO REVISE SECTION H.

B. PARAGRAPH H-7 IS REVISED TO REFLECT THE TITLE "H-7 RESERVED" IN LIEU OF "H-7 DEMILITARIZATION".

*** END OF NARRATIVE A0002 ***

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W31P4Q-17-R-0046

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 ENGINEERING CHANGE PROPOSAL, VALUE ENGINEERING CHANGE PROPOSAL, REQUEST FOR DEVIATION, ENGINEERING RELEASE RECORDS, NOTICE OF ______________________________________________________________________________________________________________________________

REVISION, AND SUBMISSION INSTRUCTIONS_____________________________________

1. Contractor initiated Engineering Change Proposals (ECPs), Value Engineering Change Proposals (VECPs), and Request for Variances

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

2. Format.

a. Class 1 ECPs are required for documenting the change and describing the effects of the change on the suitability and supportability of the Configuration Item (CI). Class I ECPs should be limited to those that are necessary or offer significant benefit to the

Government. Class I ECPs are those that affect the performance, reliability, maintainability, survivability, weight, balance, moment of inertia, interface characteristics, electromagnetic characteristics, or other technical requirements in the specifications and drawings.

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

b. Class I Change Procedure: Class I changes to the CI require a formal engineering change proposal be prepared in accordance with DI-

CMAN-80639. Use of this procedure assures that all effects of the change on the CI are properly addressed and documented to the necessary detail to allow proper evaluation of the proposed change.

c. Class II Change Procedure: ECPs and VECPs , which meet the requirements of Class II ECPs, shall be prepared using DI-CMAN- 80639. The

Government reserves the right to approve/disapprove the classification and priority level of all Class II ECPs.

d. The Contractor shall not manufacture items for acceptance by the Government that incorporate a known departure from requirements, unless the Government has approved a RFV. RFVs shall be prepared using DI-CMAN-80640.

e. The Contractor shall not submit items for acceptance by the Government that include a known departure from the requirements, unless the Government has approved a RFV (DI-CMAN-80640).

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

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

g. Classification of RFVs/RFWs.

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

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

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

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

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

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

j. Proposals for ECPs shall set forth a "not to exceed" price and delivery adjustment acceptable to the Contractor if the Government subsequently approves the proposal. If approved, the equitable increase shall not exceed this amount.

k. Times allowed for technical decisions for ECP and RFV are defined in Exhibit A. Alternative times proposed that deviate from Exhibit

A will be worked out via mutual agreement between the Contractor and the Government.

l. Proposals for VECPs shall set forth a "not less than" price and delivery adjustment acceptable to the Contractor if the Government subsequently approves the proposal. If approved, the savings shall not be less than this amount.

m. The Contractor shall utilize DI-CMAN-80463, "Engineering Release Record" (ERR), in conjunction with all engineering change proposals that affect government-controlled documents.

n. The Contractor shall utilize DI-CMAN-80642, "Notice of Revision" (NOR), to describe the exact change(s) to configuration documentation specified as a data requirement in the contract.

o. The Contractor shall describe the change using sub-sections entitled "FROM" to describe the current contractual technical requirement

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Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

and "TO" to describe the proposed new requirement.

3. Submittal. The Contractor shall submit ECPs, VECPs, and RFVs in accordance with the Contract Data Requirements List (CDRL), Exhibit.

Any unresolved differences between the ACO and the Contractor concerning ECPs, VECPs, or RFVs will be submitted to the PCO for resolution. Submittals shall be made electronically via distribution.

4. Distribution.

a. The preferred method of distribution is through the contractors electronic data management system (EDMS) or the Multi-User ECP

Automated Reviews System (MEARS) as governed by Exhibit A. Contractors who do not have access to MEARS will need to contact the JAMS

Configuration and Data Management Office for assistance. Assistance in preparing or submitting any of these proposals may be obtained from the Project Office Configuration Management Office at:

Joint Attack Munition Systems Project Office

ATTN: SFAE-MSL-JAA

Redstone Arsenal, AL 35898

b. Distribution of VECPs. The contractor shall prepare VECPs as directed by DI-CMAN-80639. The Project Office will submit one copy of the VECP to the Value Engineering Program Manager (VEPM) whose address is below. Assistance in preparing VECPs may be obtained from the

VEPM. Aviation and Missile Research, Development, and Engineering Center, ATTN: RDMR-IO-V, Redstone Arsenal, Al 35898-5000

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

6. Government Acceptance. Acceptance of a proposal by the Government shall be accomplished by the issuance of a change order or execution of a supplemental agreement incorporating the proposal into the contract unless the PCO authorizes another method of acceptance. The Government will notify the Contractor if a proposal is determined to be unacceptable.

H-2 IMPACT OF GOVERNMENT PARTICIPATION ON INTEGRATED PRODUCT TEAMS (IPTs) _____________________________________________________________________

Under the Government/Contractor IPT concept, Government personnel will frequently interface with Contractor/subcontractor team members during contract performance. Government IPT members will offer advice, facilitate rapid Government feedback and review of IPT products, provide clarification, and review contractor/subcontractor progress. However, the responsibility and accountability for successfully accomplishing the requirements of this contract remain solely with the Contractor. The Contractor shall not construe such advice, feedback, reviews, and clarifications by the Government IPT members as Government-directed changes to the terms of the contract. The

Contracting Officer is the only individual who is authorized to direct or approve any change to the terms of this contract. The

Contractor's attention is hereby specifically directed to the requirements of the clause at FAR 52.243-7 entitled "Notification of

Changes (Apr1984)" for direction.

H-3 GOVERNMENT PROPERTY ___________________

A. The only Government Furnished Property (GFP) provided for the performance of this contract is listed in Contract Attachment 0008.

The GFP identified in the Technical Data Package (TDP) is included for REFERENCE ONLY to identify the tooling and test equipment required for the performance of this contract.

B. Access to Government Test Ranges or Facilities: _______________________________________________

(1) Government range and test facilities specified below shall be used in the performance of this contract. Access to these range and test facilities, as well as related test services, including Explosive Ordnance Disposal (EOD) recovery efforts, necessary for all rocket, warhead, fuze, and motor ballistic testing required by this contract at the ranges and facilities, will be provided by the

Government. The Joint Attack Munition Systems (JAMS) Program Management Office (PMO) will be responsible for planning and coordinating the use of such facilities, and for paying any associated fees except those related to early deliveries. Listed below are the points of contact for test planning and services under this contract:

Department of the Army

Program Executive Office, Missiles and Space

ATTN: SFAE-MSL-JAA (Mr. Joe Parish)

Redstone Arsenal, AL 35898-5280

Phone: 256-313-1982 (DSN 897-1982)

Fax: 256-876-0230 (DSN 746-0230)

Email: joseph.p.parish.civ@mail.mil or

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Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

Department of the Army

Program Executive Office, Missiles and Space

ATTN: SFAE-MSL-JAA (Mr. Ezio Wheeler)

Redstone Arsenal, AL 35898-5280

Phone: 256-313-4495 (DSN 897-4495)

Fax: 256-876-0230 (DSN 746-0230)

Email: ezio.r.wheeler.civ@mail.mil

The Contractor is authorized to obtain additional test services from Major Range and Test Facility Base (MRTFB) installations as necessary to perform this contract, at its own expense at Government rates. Any testing that the contractor deems necessary but it not required by the specification, shall be at the Contractors expense.

(2) The Contractor will be provided access to the below listed Government-owned facilities, i.e., the facilities will be operated by

Government personnel and the contractor will be permitted to submit items for testing. Access to these facilities is granted on a rent-free non-interference basis for any tests required by this contract. The Government will maintain control of these facilities and determine the prioritization of use under this contract. Test Ranges and Facilities at Yuma Proving Ground, AZ as follows:

i. "Rocket Alley" located on the Cibola Firing Range

ii. Gun Position 14 located on the Kofa Firing Range

iii. "Ramsdell's Ranch" located on the Kofa Firing Range

iv. X-Ray Facility and Ammunition Preparation Facility/Building

(3) The Government will provide the contractor access to Yuma Proving Grounds for Lot Acceptance Testing at least once a month for the duration of the contract. The Contractor shall advise the Government at least 45 calendar days in advance of the date(s) that test ranges or facilities are required.

(a) Listing of Accountable Government Property. With the exception of Government-Furnished containers and related hardware addressed in ___________________________________ paragraph (b) below, all Government-Furnished Property (GFP) furnished under this contract, and all other Government Property which becomes accountable to this contract during its term, shall be identified on Contract Attachment 0008.

(b) Government-Furnished Shipping Containers. Reference the contract clauses in this section entitled "Government-Furnished Refurbished ________________________________________

MK 706 Containers". Hardware furnished to the Contractor pursuant to the referenced clause will not be specifically identified on the listing of accountable Government Property at contract Attachment 0008, because it is anticipated that the vast majority of all such hardware will be consumed in contract performance. However, the contractor shall maintain documentation tracking the inventories of the containers on a per container basis. This will include the supporting pallets and plywood. The documentation will be sufficient to track the following information: Material Nomenclature, Date Received, Quantity Received, Date Inspected, Quantity used in support of production, Quantity of rejects, Reason for rejection, Pedigree of material rejected. The contractor shall provide a summary report containing this information, prepared quarterly in accordance with DI-MISC-80508B to the Production Manager of the Joint Attack Munition

Systems (JAMS) Production Management Office (PMO) to the PCO and the ACO. Contractor format is acceptable. Appropriate records for all

Government-Furnished containers and related hardware in full accordance with the requirements of the FAR 52.245-1 entitled "Government

Property". Title to all Government- furnished containers remains with the Government, and Government-furnished containers and related hardware may be utilized only to fulfill the requirements of the customer (Army or Navy) who has title to the property and who furnished the property to the Contractor. GFP shipping containers will be provided 60 days prior to delivery date. All residual hardware related to the container programs shall be included in the Final Inventory upon contract completion. The following items will be furnished to the Contractor under the GFM container programs:

Nomenclature: MK706 Shipping Containers with Body Assemblies (Note 1)

Part Number: 233AS622

National Stock Number (NSN): 8140-01-268-2790

Nomenclature: PA150 Fastpack Containers Assemblies, consisting of 12 each PA150 Containers (Part 12937865, with or without all internal parts or components), 1 each metal pallet, and 2 each pallet adapters (Note 2)

Part Number: 19-48-4231-60-20PM1006

National Stock Number (NSN): 8140-01-451-7538

Nomenclature: PA151 Fastpack Containers Assemblies, consisting of 12 each PA151 Containers (Part 12937864, with or without all internal parts or components), 1 each metal pallet, and 2 each Pallet Adapters (Note 2)

Part Number: N/A

National Stock Number (NSN): 8140-01-451-7537

Nomenclature: M643 Fastpack Container Assemblies, consisting of 12 each M643 Containers (Part #13654227), 1 each metal pallet, and 1 each Pallet Adapter (Note 3)

Part Number: 19-48-4231-62-20PM1006

National Stock Number (NSN): Not Assigned

Note 1: The Navy will provide one (1) MK 706 container for each four (4) rocket motors purchased, plus a two (2.0) percent allowance

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PIIN/SIIN MOD/AMD

for line loss.

Note 2: The Army may provide PA 150 or PA151 Fastpack Container Assemblies as specified in the provision entitled PA 150 and PA151

Container Refurbishment Program.

Note 3: The Army may provide M643 Fastpack Container Assemblies as specified in the provision entitled M643 Container Refurbishment

Program.

(c) Flow-Down of Reporting Requirements. The Contractor shall flow down reporting requirements to their subcontractors, and require each subcontractor to flow requirements down to their subcontractors, etc., to all tiers. Each year, all subcontractors shall provide a copy of their DD Form 1662 and a copy of each DD Form 1662 received from each subcontractor to the next higher tier contractor or subcontractor. Each year, the prime Contractor shall provide to the Procuring Contracting Officer (PCO) and the Administrative

Contracting Officer (ACO) a copy of the prime contract DD Form 1662 and a copy of each DD Form 1662 received from all subcontractors.

Significant changes in the reported values of any asset type on the DD Form 1662 from one year to the next shall be explained by the

Contractor.

(d) Documentation of Property Transfers and Shipments. All transfers of contract accountability, and all physical shipments of

Government Property accountable to this contract, shall be documented on a DD Form 1149 entitled "Requisition and Invoice/Shipping

Document". One copy of each DD Form 1149 shall be furnished to the PCO, one copy to the ACO, and one copy to the JAMS PMO Contract

Specialist at the following address:

Department of the Army

Program Executive Office, Missiles and Space

ATTN: SFAE-MSL-JAB (Shannon Brown)

Redstone Arsenal, AL 35898-5250

(e) Identification of Contractor-Acquired Property. Within 90 days of the end of each ordering period under this contract, the

Contractor shall provide to the PCO, to the ACO, and to the Production Manager of the JAMS PMO (address above) a listing of all

Contractor-Acquired property which became, or is anticipated to become, Government Property under the terms of this contract.

This listing shall include all such property in the possession of subcontractors. The PCO shall promptly execute a contract modification to add this property to the GP Listing at Contract Attachment 0008.

(f) Final Inventory.

(1) Pursuant to Federal Acquisition Regulation (FAR) 52.245-1 "Government Property", the Contractor shall, within one hundred twenty

(120) days of the completion of effort under this contract, provide a Final Inventory of Government Property (GP) accountable to this contract to the cognizant Administrative Contracting Officer. A copy shall be concurrently furnished to the Procuring Contracting

Officer (PCO) and to the JAMS PMO Contract Specialist (address above).

(2) The Final Inventory shall include all GP at alternate Contractor locations, and all GP in the possession of subcontractors at all tiers. The Contractor shall insure that the Final Inventory includes all Contractor-Acquired Property to which the Government has title or right to title. The Contractor shall ensure that the Final Inventory includes, as a minimum, all the information required by FAR 45.5 for each line item on the Final Inventory.

(3) The Contractor shall provide to each recipient, concurrently with the submission of the Final Inventory, their recommended disposition for all property listed thereon.

(4) In the event that the Government desires to retain any residual Government Property from this contract for future use, disposition instructions will be provided by contract modification in accordance with the requirements of the FAR and supplements thereto. No residual Government Property, to include hardware and materials, may be transferred to or used on any other contract, except when: i) the property is SPECIFICALLY identified and authorized for transfer by appropriate contract modifications, or ii) the property is appropriately transferred AT COST in accordance with a Government-approved Material Management and Accounting System.

(5) All GP not appropriately transferred to another contract by contract modification within one hundred eighty (180) days of the submission of the Final Inventory shall be promptly dispositioned through Plant Clearance procedures in accordance with the requirements of subpart 45.6 of the Federal Acquisition Regulation (FAR) and supplements thereto.

H-4 GOVERNMENT-FURNISHED REFURBISHED MK 706 CONTAINERS __________________________________________________

A. The major components of the MK 706 container shall be provided to the Contractor as Government-Furnished Material (GFM). The Indian

Head Division of the Naval Surface Warfare Center (IHDIVNAVSURFWARCEN) will provide refurbished MK 706 Shipping Container Body

Assemblies made in accordance with NAVAIR 233AS622 along with pallets and appropriate sized plywood. The containers shall be free of dents, shall contain buffers and acrylic spacers, and shall have been painted. The containers shall also have Performance Oriented

Packaging (POP) marking and the warning 'REUSABLE CONTAINER - DO NOT DESTROY' applied to them. The Contractor shall be responsible for assuring that the loaded containers meet the other marking requirements of NAVAIR 233AS600.

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B. The quantity of containers to be provided as GFP shall include a two percent (2.0 %) allowance for line losses.

C. The Contractor is responsible for inspecting the GFP containers for compliance to the Indian Head document MK706 Shipping Container

Acceptance Criteria (Attachment 0020). Any containers found not to be acceptable will be reported.

D. The MK3 metal pallets being delivered to the Contractor have been cleaned to the extent no dirt, gravel, corrosion, or foreign material still remains that is large enough to affect the transportability, stackability, survivability, or carrying capability of the pallets. Rust is permissible on the outer surface of the pallet as long as the cumulative total rust area does not exceed an area 2.00 inches square or any single rust spot or blister shall not exceed one-half (1/2) inch in diameter. Paint overspray is permissible on the pallets. Pallets found not to meet a non-listed dimension are considered acceptable as long as listed characteristics are met.

E. Some of the pallets of refurbished containers still contain small pieces of plastic wrapping and/or cardboard sheets. This material is to be discarded. Some pallets contain previously cut strapping still wound through the wire deck. These pallets shall be set aside to be returned to IHDIVNAVSURFWARCEN. Extra metal pallets shall be provided to the Contractor to replace these pallets.

F. All containers, covers, and pallets not passing the Visual Inspection Requirements shall be reported in accordance with paragraph H-5 and returned to the point of origin at the originators expense. Any rejected container, cover, or pallet shall be labeled with the reason for rejection prior to being returned to the originator. For those pallets of containers to be returned, using strapping versus wood nailed to the truck is an acceptable method of shoring.

G. The Contractor shall provide the Government written notice of any noncompliance with Indian Head document MK706 Shipping Container

Acceptance Criteria (Attachment 0020) in accordance with paragraph H-5. Failure to provide the Government with noncompliance notice within the reporting period shall release the Government of any liability for production or schedule impacts caused by the non-availability or noncompliance of the GFM MK 706 containers. A sufficient inventory of containers shall be maintained to meet contractual delivery dates for the next reporting date. Government may ship containers early with no associated storage costs.

H-5 GOVERNMENT-FURNISHED MATERIAL (GFM) FOR M156 ROCKETS W/GFM GRAIN AND M156 WARHEAD _________________________________________________________________________________

A. The Government shall furnish to the Contractor filled M156 Head and Casing Assemblies (HACAs), Part Number (PN) D90-1-43, under this contract as Government-Furnished Material (GFM). One filled HACA shall be furnished for each M156 White Phosphorus warhead to be expended in testing or delivered under the contract, plus 2.0 percent allowance for attrition, rounded to the next higher whole number of HACAs. The GFM shall incorporate Contractor-Furnished Material (CFM) to be furnished by the Contractor, as specified in paragraph B.

below.

B. The Contractor's responsibilities are as follows:

(1) The Contractor shall deliver the following parts as CFM to Pine Bluff Arsenal (PBA): Casing, Buster Tube, PN C90-1-28; and Warhead,

2.75 Inch Rocket Smoke, WP, M156 (Metal Parts/Brazed Design), PN D90-1-

39. All other required manufacturing materials, as identified on Parts List (PL) drawing number PL90-1-43, will be supplied by the

Government. The Contractor shall provide advance notification to PBA of CFM deliveries at least 30 calendar days prior to delivery. PBA will accept deliveries only between the hours of 7:00 am and 3:00 pm on Monday through Thursday of each week, excluding federal holidays.

(2) The Contractor shall provide to PBA the quantity of parts necessary to produce the required quantity of HACAs, plus an additional two percent (2%) allowance for manufacturing attrition in each production lot. Required quantities of each component part shall be rounded to the next higher whole number. It is anticipated that all CFM will be incorporated into the GFM.

The Contractor shall also provide shipping containers for the filled HACAs, with all required inner-pack materials and components.

Shipping containers are re-usable, and are not required to be in new condition.One (1) shipping container shall be provided for every 48 warhead subassemblies required, rounded to the next higher whole number of containers. There is no attrition on shipping containers.

(3) The Contractor shall furnish to PBA all necessary shipping documents, to include Interim Hazard Classifications.

(4) All materials and parts furnished by the Contractor to PBA shall be inspected, accepted, and certified by the Contractor prior to shipment to PBA. Material and part certifications shall be provided to PBA with the CFM shipment(s).

(5) The Contractor shall be responsible for all transportation, to include transportation costs, for delivery of the CFM to PBA.

(6) The Contractor shall be responsible for ensuring that adequate quantities of fully compliant CFM are furnished to PBA in sufficient time to meet contractual delivery/performance dates in the prime contract, allowing PBA at least 60 calendar days to complete the warhead fill operation.

(7) The Contractor shall cooperate fully with the Joint Attack Munitions Systems (JAMS) Program Management Office, the contracting

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office, and Pine Bluff Arsenal in addressing any and all production, delivery, quality, or other issues which may arise during contract performance.

C. The Government's responsibilities are as follows:

(1) After receipt of compliant CFM at PBA in accordance with (B) above, the Government will prepare head and casing assemblies for delivery to the contractor's facility in accordance with a mutually agreed-to delivery schedule. PBA will be responsible for all transportation, to include transportation costs, for delivery of the HACAs from PBA to the Contractor. PBA will provide a minimum of 3 business days of notification before shipment to the Contractor.

(2) All filled HACAs furnished by PBA to the Contractor shall be inspected, accepted, and certified by the Government prior to delivery to the Contractor. Material and part certifications shall be provided to the Contractor with the GFM

D. A final delivery schedule for CFM and GFM shall be negotiated and mutually agreed to by the Contractor and the Government prior to the first scheduled delivery date for M156 Rockets and M156 Warheads under this contract. If agreement cannot be reached, the Government will establish the final delivery schedule.

H-6 SPECIAL TOOLING AND SPECIAL TEST EQUIPMENT __________________________________________

Excluding the GFP listing provided in Contract Attachment 0008, the contractor shall identify and include all tooling and test equipment, and associated costs required for the performance of this contract within the price of hardware items in Contract Attachment

0006.

H-7 RESERVED ________

H-8 HAZARD CLASSIFICATIONS ______________________

The Hazard Classifications for deliverable end items under this contract are incorporated at Contract Attachment 0005.

H-9 OBSOLESCENCE ____________

The parties recognize there is a risk that some parts, processes and/or materials required for the performance of contracts may not be available due to a supplier's ceasing business or no longer being willing to produce the part, process and/or material due to commercial obsolescence. The contractor is responsible for identifying sources for required parts, processes and/or materials prior to commencing work under an ordering period. Upon execution of an ordering period, the contractor shall promptly identify the required parts, processes and/or materials that are no longer available. Within ninety (90) days after the ordering period, the contractor shall notify the Contracting Officer in writing if it is unable to perform the contract due to unavailability of any required part, process and/or material. The notification shall include supporting documentation showing the contractor has made a reasonable effort to obtain the part, process and/or material and is unable to do so, and shall include the contractor's recommendation to correct the problem.Alternative solutions may consist of one or a combination of the following: (1) alternative components, (2) alternative sources, (3) substitution and (4) hardware redesign. The contractor's notification shall also include the contractor's assessment of any cost and schedule impacts associated with its recommended correction.

Upon receipt of the notification, the Contracting Officer will determine the appropriate course of action, which may include termination of the executed ordering period at no cost to the Government, and will provide written direction to the contractor. At its sole discretion, the Government may consider the contractor's recommendation and an equitable adjustment in the specification, delivery time and/or price rather than termination of the executed ordering period. .

H-10 GOVERNMENT-FURNISHED MATERIAL (GFM) MK90 GRAIN ______________________________________________

A. The Government reserves the right to deliver MK 90 Grain for use in deliverable rockets and motors ordered under this Contract as

Government- Furnished Material (GFM) in accordance with FAR 52.245-1. The Government will provide the MK 90 Grain, (NSN 1340-01-160-3075-

H456/ P/N 233AS106) in quantities needed to support orders including GFM MK 90 Grains. The quantities of grains will include a 1% allowance for line losses as well as LAT units. The Contractor shall provide a production schedule that includes need dates for the GFM grains so that the Government and contractor can come to agreement on a GFM grain delivery schedule. If an agreement cannot be reached, the Government will establish the final delivery schedule.

B. All MK90 Grains shall be inspected, accepted, and certified by the Government prior to delivery to the Contractor. Material and part certifications shall be provided to the Contractor with the GFM.

C. The Government will be responsible for all transportation, to include transportation costs, for delivery of the MK90 Grains to the

Contractors designated MK66 Mod4 motor Load Assembly facility. The Government will provide a minimum of 3 business days notification before shipment to the Contractor.

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Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

D. The Contractor is responsible for inspecting the GFM MK90 Grains upon receipt for compliance to the following requirements:

1. Packaging Inspection: The Visual Inspection Requirements shall pertain to the external surface Grain Cage/Fiber Tube Inspection. The

Contractor shall inspect the Grain Cages/Fiber Tubes for shipping damage. The Contractor shall inspect the grain cages for broken/bent wire that may come into contact with the fiber tubes that house the MK90 Grains. The Contractor shall appropriately document and within three business days provide notification of damaged grain cages/fiber tubes to the JAMS POC's listed below in F.3.

2. Quantity Inspection: The Contractor shall inspect and confirm the shipment quantity of MK90 Grain is correct. Note: Each grain cage holds 186 fiber tubes with 158 vertically stacked fiber tubes and 28 horizontally stacked tubes. The Contractor shall appropriately document and within three business days provide notification of missing quantities of grain to the JAMS POC's listed below in F.3.

3. Inspection of MK90 Grain: The Contractor shall inspect each MK90 Grain for damage/defect(s) before loading into each Mk66 Mod4 motor tube. The Contractor shall use caution upon removal of the cover tube. The Contractor shall not use box cutters, knives or other sharp tools to ease the removal of the cover tubes which may result in damage to the MK90 Grain. Damage/defect(s) such as cuts in wrap, dents, dings, foreign material or nicks on the MK90 Grain, end sleeve and end inhibitor shall be set aside for Government inspection and disposition. The Government will provide return transportation arrangements. Dropped grains shall be identified and shall not be used in any motor production.

E. The Contractor shall have the storage space and appropriate facilities to store up to 120,000 GFM MK90 Grains in grain cages at any given time while being in full compliance with the Federal, State and Local regulations for explosive safety for security and handling, storage and transportation including DOD 4145.26 (DOD Contractors Safety Manual for Ammunition and Explosives) and DOD 5100.76 (Physical

Security of Sensitive Conventional Arms, Ammunition and Explosives).

F. Return of Grain Cages and Fiber Tubes:

1. The contractor shall return all empty grain cages and associated fiber tubes back to the Government. Each grain cage and associated fiber tubes being returned will consist of 1 grain cage and 186 fiber tubes with caps, in the following configuration:

(a) 28 Fiber Tubes: After verifying fiber tubes are empty place 28 fiber tubes vertically with open end up in an empty cardboard box located on top of a pallet. After a single layer of grain tubes is complete, place cardboard on top of the empty grain tubes. Stack the caps vertically on top of the cardboard with open end up.

For the truckload return, place four full boxes on pallet and shrink wrap. Caps alone may also be placed in a cardboard box (i.e. no grain tubes, only caps), open end up, stacked four layers deep, no cardboard between layers.

(b) 158 Fiber Tubes: After verifying fiber tubes are empty place 158 fiber tubes vertically with open end up in the grain cage, place cardboard over the top of the tubes and stack the caps for these tubes vertically on top of the cardboard with open end up. Place a cardboard sheet on top of the vertical caps, followed by a wire grain cage top, ensuring that the top is lying flat. Cover all explosive labels with EMPTY Labels.

(c) Alternate configurations may be provided to the Government for approval prior to use. These need to be sent to POCs provided in paragraph 3 below.

2. The Contractor shall return the grain cages and associated fiber tubes using full truck loads. Any deviations from a full shipment shall be approved by the Government before shipping.

3. The Contractor shall hold all rejected or dropped MK 90 Grains at the Contractors Facility and notify JAMS (ARSGM) Product Assurance five production days before completion of the current motor lot IAW FAR 52.245-1.

Notify:

Department of the Army

Program Executive Office, Missiles and Space

ATTN: SFAE-MSL-JAA

Redstone Arsenal, AL 35898-5280

(Mr. David Jeffress)

Redstone Arsenal, AL 35898-5280

Phone: 256-842-0283

E-mail: charles.d.jeffress.civ@mail.mil

(Mr. Terry Lingenfelter)

Redstone Arsenal, AL 35898-5280

Phone: 256-876-3170

E-mail: terry.lingenfelter.civ@mail.mil

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Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

4. The shipment of empty grain cages/fiber tubes back to the Government's receiving location shall be mutually agreed to by the contractor and the Government. If an agreement cannot be reached, the Government will establish the final delivery schedule.

Ship to Address:

Naval Surface Warfare Center

Indian Head EOD Technology Division

ATTN: Explosive Scales Facility

Building 1104

5021 Safe Haven Way

Indian Head, MD 20640-5173

H-11 GOVERNMENT-FURNISHED MATERIAL (GFM) WGU-59B GUIDANCE SECTION ____________________________________________________________

A. WGU-59B Guidance Section for use in deliverable guided rockets ordered under this Contract shall be provided to the Contractor as

Government-Furnished Material (GFM) in accordance with FAR 52.245-1. The Government will provide the WGU-59B guidance section in quantities needed to support the Contractor-provided production schedule. The schedule shall detail when the guidance sections are required to meet Contractor need dates. The Government delivery schedule for shipment of the guidance sections shall be mutually agreed to by the Contractor and the Government prior to the scheduled delivery date of the GFM WGU-59B guidance sections. If an agreement cannot be reached, the Government will establish the final delivery schedule.

B. All WGU-59B guidance sections shall be inspected, accepted, and certified by the Government prior to delivery to the Contractor.

Material and part certifications shall be provided to the Contractor with the GFM.

C. The Government will be responsible for all transportation, to include transportation costs, for delivery of the WGU-59B guidance sections to the Contractors designated Guided Rocket, Surface Attack AGR-20 Load Assembly and Packaging facility. The Government will provide a minimum of 3 business days notification before shipment to the Contractor.

D. The Contractor is responsible for inspecting the WGU-59/B guidance sections upon receipt for compliance to the requirements listed in the MIS detail specification MIS-DTL-61067 and the following:

a. Packaging Inspection: The Visual Inspection Requirements shall pertain to the external surface CNU-711 container inspection. The

Contractor shall inspect the CNU-711 containers for shipping damage. The Contractor shall appropriately document and within three business days provide notification of damaged CNU-711 containers to the JAMS POC's listed below in F.2.

b. Quantity Inspection: The Contractor shall inspect and confirm the shipment quantity of the CNU-711 containers is correct. The

Contractor shall appropriately document and within one business days provide notification of missing quantities of any guidance sections to the JAMS POC's listed below in F.2.

c. Inspection of Guidance Sections: The Contractor shall inspect each Guidance section as stated in MIS- DTL-61067. The Government will provide return transportation arrangements for damaged Guidance Sections.

E. The Contractor shall have the storage space and appropriate facilities to store up to 2,000 GFM Guidance Sections at any given time while being in full compliance with the Federal, State and Local regulations for explosive safety for security and handling, storage and transportation including DOD 4145.26 (DOD Contractors Safety Manual for Ammunition and Explosives) and DOD 5100.76 (Physical Security of

Sensitive Conventional Arms, Ammunition and Explosives).

F. Return of CNU-711 Containers and Guidance Sections:

a. The Contractor shall return all empty CNU-711 guidance containers back to the Government specified location using full truck loads.

Any deviations from a full shipment shall be approved by the Government before shipping. The Contractor shall hold all rejected or suspect guidance sections at the Contractors facility and notify JAMS (ARSGM) Product Assurance five production days before completion of the current Guidance Section lot IAW FAR 52.245-1.

b. The Shipment of CNU-711 containers and guidance sections back to the Governments receiving location shall be mutually agreed to by the Contractor and the Government. If an agreement cannot be reached, the Government will establish the final delivery schedule.

Notify:

Department of the Army

Program Executive Office, Missiles and Space

ATTN: SFAE-MSL-JAA (Mr. David Jeffress)

Redstone Arsenal, AL 35898-5280

Phone: 256-842-0283

Email: charles.d.jeffress.civ@mail.mil

(Mr. Kevin Jackson)

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Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

Redstone Arsenal, AL 35898-5280

Phone: 256-313-1306

Email: kevin.a.jackson2.civ@mail.mil

H-12 CONTRACTOR-FURNISHED MATERIAL (CFM) MK90 GRAIN ______________________________________________

(a) All work performed under this CLIN will be initiated only by issuance of fully executed MK90 Grain CLINs issued by the Contracting

Officer. The Government is only liable for costs expended under the terms and conditions of this contract to the extent that a fully executed MK90 Grain CLIN has been issued and covers the required work and costs. Charges for any work not authorized under the contract shall be disallowed.

(b) For each MK90 Grain CLIN under the contract, the Contracting Office shall send a request for proposal to the contractor. The request will contain a detailed quantity to be executed by the contractor. MK90 Grain procurement should include any assets necessary to cover attrition, component level testing, and All Up Round testing.

(c) The contractor shall submit a proposal defining the work schedule and proposed cost/price.

(d) The proposal shall include the specific work to be performed, the labor hours and dollars allotted and the time-frame with major milestones of the effort. The specific work to be performed under these orders shall be within the overall requirements specified within the Statement of Work at Attachment 003 of this contract.

(e) After any necessary negotiations, the contractor shall submit a final proposal.

(f) MK90 Grain CLINs will be considered fully executed upon signature of the Contracting Officer. The contractor shall begin work on the

MK90 Grain CLINs in accordance with the effective date of the order.

(g) The contractor shall notify the Contracting Officer of any instructions or guidance given that may impact the cost, schedule or deliverables. A formal modification to the MK90 Grain CLIN must be issued by the Contracting Officer before any changes can be made.

(h) MK90 Grain CLINs may be placed during the period of performance of the contract.

CUMULATIVE QUANTITY PRICING ON CLINS CONTAINING MK90 GRAIN LINE ITEMS

(a) Applicability. For applicable CLINs with MK90 Grain, the Government shall receive the benefit of the total number of MK90 Grains for which orders are executed during a Cumulative Quantity Period (CQP), as defined in subparagraph (c) below. This clause shall apply to all quantities for which orders are executed within the same Cumulative Quantity Period (CQP).

(b) All quantities for which orders are executed outside of the defined CQP shall be priced on a stand-alone basis.

(c) Cumulative Quantity Period (CQP):

The Cumulative Quantity Period (CQP) for each ordering period shall be stated, unless otherwise revised in a contract modification, as follows:

Ordering Period 1- the date of the first order is executed and will extend for 180 days.

Ordering Period 2- the date the first order is executed and will extend for 180 days.

Ordering Period 3- the date the first order is executed and will extend for 180 days.

Ordering Period 4- the date the first order is executed and will extend for 180 days.

Ordering Period 5- the date the first order is executed and will extend for 180 days.

The total quantities of all applicable MK90 Grain items for which orders are executed during the CQP shall be summed for the purposes of determining the applicable MK90 Grain CLIN unit price of each.

(d) Calculation of Cumulative Quantity:

For the duration of each CQP, the total quantities of all related MK90 Grain items procured during that CQP shall be summed for the purposes of determining which MK90 Grain unit prices apply for the purpose of pricing a given CLIN.

H-13 FIRST ARTICLE TESTING AND APPROVAL __________________________________

A. Reference Section I, Federal Acquisition Regulation (FAR) 52.209-3 entitled "First Article Approval - Contractor Testing (Sep 89) -

Alternate I and Alternate II (Jan 97)".

B. Contractor Responsibility for First Article Tests (FATs). The Contractor Shall conduct FATs when required per criteria in Attachment ________________________________________________________

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Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

0012 (Changes and Verification Required). All costs for the FAT of components or contract deliverable end items required by the exsisting Technical Data Package (TDP) shall be priced separately and not included in the contract prices. All costs for FATs resulting from any change elected by the Contractor, or its subcontractors, shall be borne by the Contractor at no increase in contract price or delivery schedule.

The Government may waive the requirement for the first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the offeror/contractor and have been accepted by the Government. The offeror/contractor may request a waiver (FAR 52.209-3).

C. Specifications. The performance and other characteristics that the First Article shall meet for approval are those specified in the

TDP for the item. Prior to performing the FAT, the Contractor shall develop a FAT Plan (FATP) in accordance with CDRL A006 at Exhibit A of the RFP, and shall obtain the Governments approval of the FATP. The detailed technical requirements for the test(s) that shall be performed, and the necessary data that shall be submitted to the Government in the First Article Test Report (FATR) in accordance with

CDRL A014 at Exhibit A of the RFP, shall be those which are approved by the Government in the FATP.

Inspection and Acceptance. Inspection and acceptance of the FATR shall be at destination by the Contracting Officer.________________

E. Deliveries and Performance. The dates for completion of the FAT shall be as specified in the approved FATP. The FATR shall be ________________ delivered as specified in Section I, FAR 52.209-3 First Article Approval - Contractor Testing (Sep 89) - Alternate I and Alternate II

(Jan 97)".

F. Disposition of FAT Hardware.