W31P4Q-20-R-0018.pdf

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Inert Warhead for the Reduced Range Practice Rocket (RRPR)
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W31P4Q-20-R-0018
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SOLICITATION, OFFER AND AWARD 1. This Contract Is A Rated Order Under

DPAS (15 CFR 700)

Rating Page of Pages

2. Contract Number 3. Solicitation Number 4. Type of Solicitation 5. Date Issued 6. Requisition/Purchase Number Sealed Bid (IFB)

Negotiated (RFP)

7. Issued By Code 8. Address Offer To (If Other Than Item 7)

NOTE: In sealed bid solicitations ‘offer’ and ‘offeror’ mean ‘bid’ and ‘bidder’.

SOLICITATION

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in until (hour) local time (Date).

Caution - Late Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. For Information A. Name B. Telephone (No Collect Calls) C. E-mail Address

Call: Area Code Number Ext.

11. Table Of Contents

(X) Sec. Description Page(s) (X) Sec. Description Page(s)

Part I - The Schedule Part II - Contract Clauses A Solicitation/Contract Form I Contract Clauses

B Supplies or Services and Prices/Costs Part III - List Of Documents, Exhibits, And Other Attach.

C Description/Specs./Work Statement J List of Attachments D Packaging and Marking Part IV - Representations And Instructions E Inspection and Acceptance K Representations, Certifications, and F Deliveries or Performance Other Statements of Offerors G Contract Administration Data L Instrs., Conds., and Notices to Offerors H Special Contract Requirements M Evaluation Factors for Award

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. Discount For Prompt Payment 10 Calendar Days (%) 20 Calendar Days (%) 30 Calendar Days (%) Calendar Days (%) (See Section I, Clause No. 52.232-8)

14. Acknowledgment of Amendments (The offeror acknowledges Amendment No. Date Amendment No. Date receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

15A. Name and Code Facility 16. Name and Title of Person Authorized to Sign Offer Address of (Type or Print) Offeror

15B. Telephone Number 15C. Check if Remittance Address is 17. Signature 18. Offer Date Area Code Number Ext. Different From Above – Enter such

Address In Schedule

AWARD (To be completed by Government)

19. Accepted As To Items Numbered 20. Amount 21. Accounting And Appropriation

22. Authority For Using Other Than Full And Open Competition: 23. Submit Invoices To Address Shown In Item

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

24. Administered By (If other than Item 7) Code 25. Payment Will Be Made By Code

26. Name of Contracting Officer (Type or Print) 27. United States Of America 28. Award Date

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION Standard Form 33 (Rev. 9-97) Previous edition is unusable Prescribed By GSA-FAR (48 CFR) 53.214(c)

W31P4Q-20-R-0018 X

2020MAR20

2020APR2005:00pm

DOA2

2020MAR20 SEE SCHEDULE

W31P4Q

ARMY CONTRACTING COMMAND-REDSTONE

REDSTONE ARSENAL AL 35898-5280

ODDNY R. GERSTNER

(256)876-9875

CCAM-PFA

ODDNY.R.GERSTNER.CIV@MAIL.MIL

1 46

X 1

X 4

X 13 X 14 X 15

X 16

X 18

X 19

X 31

X 32

X 41

X 45

CONTINUATION SHEET

Reference No. of Document Being Continued Page of

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION A - SUPPLEMENTAL INFORMATION

THE FOLLOWING AMENDMENTS HAVE BEEN INCORPORATED

Buyer Name: ODDNY R. GERSTNER

Buyer Office Symbol/Telephone Number: CCAM-PFA/(256)876-9875

Type of Contract 1: Firm Fixed Price

Kind of Contract: Supply Contracts and Priced Orders

*** End of Narrative A0000 ***

A-1. This Request for Proposal (RFP) is for the procurement of Inert Warheads for the Low Cost Reduced Range Practice Rocket, M28A2 in support of the United States (US) Army Field Artillery training needs.

A-2. This is a 5-year Indefinite Delivery Indefinite Quantity (IDIQ) Firm Fixed Price (FFP) solicitation. The part number and quantities are summarized below:

Noun: M28A2, Inert Warheads

Part Number: 13540611

Quantities:

PER YEAR - MIN: 132, MAX: 6,930

TOTAL CONTRACT - MIN: 660, MAX: 34,650

A-3. The Government is not obligated to issue any additional orders against this contract; however, the Government reserves the right to order up to the maximum quantity. The Government has segregated the potential quantities into five ordering periods. However, this does not preclude exercising its rights under FAR 52.216-19 by ordering the maximum quantity specified in 52.216-19 (B)(1) at any time during the indefinite quantity period.

A-4. The Government anticipates buying a minimum quantity of 132 Inert Warheads at the first delivery order award and reserves the right to order up to the maximum quantity of 34,650 inert warheads over the life of the contract. Annual buys other than the minimum quantity in the base year first delivery order cannot be guaranteed. The Government has segregated the potential quanitites into 5 order periods.

A-5. THIS CONTRACT IS FOR THE SUPPLIES AS DETAILED IN SECTION B.

Ordering period One will be from date of contact award (DACA) through 365 days after DACA.

Ordering period Two will begin 366 DACA and end 730 DACA.

Ordering Period Three will begin 731 DACA and end 1,095 DACA.

Ordering Period Four will begin 1,096 DACA and end 1,460 DACA.

Ordering Period Five will begin 1,461 DACA and end 1,825 DACA.

A-6. Prices for each ordering period will be valid for all quantities ordered during that ordering period.

A-7. In accordance with FAR 6.203, this acquisition is limited in competition as a 100% small business set aside.

A-8. Contractor first article is required.

A-9. First article will be delivered as a part of Production Quantity Ordering Period One.

A-10. The solicitation is for the supplies/services as detailed in Section B. Offerors are cautioned to ensure that prices are provided for the maximum quantities for all CLINS.

A-11. The Government intends to award only 1 basic IDIQ contract as a result of this solicitation.

A-12. Accelerated delivery is authorized at no additional cost to the Government. See clause F-5 for additional instructions.

2 46

W31P4Q-20-R-0018 REPRINT

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

A-13. Complete the following contractor point of contact information:

Name:_________________________________________

Title:________________________________________

Telephone:____________________________________

Email Address:________________________________

A-14. The primary points of contact for this Solicitiation are Oddny R. Gerstner, Contract Specialist, oddny.r.gerstner.civ@mail.mil, 256-876-9875 and Joseph M. Carroll, Contracting Officer, joseph.m.carroll42.civ@mail.mil, 256-313-2611.

A-15. Offerors must request the Technical Data Package (TDP) and be verified before receipt of the drawings. This document contains technical data whose export is restricted by the Arms Export Control Act (Title 22, U.S.S. SEC 2751 Et Seq.). Offerors shall submit all

TDP requests to the following email address:

usarmy.redstone.acc.list.acc-rsa-ccam-pfa@mail.mil

A-16. Offerors shall submit all responses, questions and/or proposals electronically to the following email address no later than 1600 hours CST on 2 April 2020:

usarmy.redstone.acc.list.acc-rsa-ccam-pfa@mail.mil

*** END OF NARRATIVE A0001 ***

The purpose of this Amendment 0001 is to make the following changes to Solicitation W31P4Q-20-R-0018:

A-1. SECTION A - SUPPLEMENTAL INFORMATION

a) Item A-15

Add the following instructions regarding Technical Data:

Technical data can only be distributed to contractors who have a current DD Form 2345, Militarily Critical Technical Data Agreement __________________________________________________________ on file with Defense Logistics Information Service (DLIS). Technical data that are export-controlled must be marked with an export ____________________________________________ control warning notice. This statement identifies technical data which the DoD will withhold from public release using authority in 10 ___

U.S.C. 130. The Governments right to use, modify, reproduce, release, perform, display, or disclose such technical data are restricted___________ for the Contractor/their subsidiaries/or sub-contractors at every level. Any reproduction of technical data or portions thereof marked with these legends must also reproduce these legends on such technical data. Contractors wanting to obtain access to the unclassified technical data drawings MUST have Joint Certification Program (JCP) certification. Instructions for obtaining JCP certification can be found at: https://public.logisticsinformationservice.dla.mil/PublicHome/jcp/default.aspx .

b) Item A-16

1. Amend the due date of offeror responses from 2 April 2020 to 20 April 2020.

2. Amend the due date time from 1600 CST to 1700 EST.

*** END OF NARRATIVE A0002 ***

3 46

PIIN/SIIN

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

0001 INERT WARHEAD

NSN: 9999-99-999-9999

Mfr CAGE: 00000

Mfr Part Number: 13540611

0001AA PRODUCTION QUANTITY ORDERING PERIOD 1 6930 EA $ _____________________________________ __________________

See Range Pricing

COMMODITY NAME: INERT WARHEAD

CLIN CONTRACT TYPE:

Firm Fixed Price

PRON: PF9RRPB52K PRON AMD: 01

Range Quantities ________________

FROM TO UNIT PRICE ____ __ __________

132 1000 $

1001 2000 $

2001 3000 $

3001 4000 $

4001 5000 $

5001 6000 $

6001 6930 $

Max Quantity: 6,930/Year

The 1 First Article Test Unit referenced under CLIN

0001AB is included in the total maximum quantity of

6,930 for Ordering Period 1.

See Section H-1 for Ordering Periods.

(End of narrative B001)

Packaging and Marking _____________________

See Section D for Packaging and Marking Instructions.

(End of narrative D001)

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

Deliveries or Performance _________________________

DOC SUPPL

REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____

001 W80FLR9246EF01 CL0VJJ J 3

PROJ CD BRK BLK PT _______ __________

4 46

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

GG4

DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________

001 6,930 0180

FOB POINT: Origin

SHIP TO:

(CL0VJJ) XU LOCKHEED MARTIN CORPORATION

15604 W AR 274 HWY

CAMDEN,AR,71701-5042

Note: 180 DACA is an estimated production delivery lead time. The actual monthly delivery dates will be determined at delivery order award for this ordering period.

See Section F for additional shipping instructions.

(End of narrative F001)

0001AB INERT WARHEAD FIRST ARTICLE QUANTITY 1 EA $ $ ____________________________________ ______________ __________________

COMMODITY NAME: INERT WARHEAD FOLLOW

PRON: PF9RRPB52K PRON AMD: 01

IAW Attachment 0001, SOW Section 5.

1) The contractor shall test 1 unit of Lot/Item

0001AA as specified in this contract. At least 30

Calendar Days before beginning of first article tests, the Contractor shall notify the Contracting

Officer, in writing, of the time and location of the testing so the Government may witness the tests.

2) First Article Test Time is 3 days. Units to be tested is 1 Each. Begin testing 90 Days After

Contract Award. End testing 93 DACA.

3)The Contractor shall submit the Inert Warhead First

Article Test Report 14 days after test completion IAW

CDRL A003, or 107 DACA.

3) The Government has 15 days after receipt of the

Test Report to approve or disapprove the Test Report, or 122 DACA.

(End of narrative B001)

Packaging and Marking _____________________

5 46

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

Government Approval/Disapproval Days: 30

Deliveries or Performance _________________________

DOC SUPPL

REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____

001 W80FLR9246EF01 CL0VJJ J 3

PROJ CD BRK BLK PT _______ __________

GG4

DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________

001 1 0122

FOB POINT: Origin

SHIP TO:

(CL0VJJ) XU LOCKHEED MARTIN CORPORATION

15604 W AR 274 HWY

CAMDEN,AR,71701-5042

0002 INERT WARHEAD

NSN: 9999-99-999-9999

Mfr CAGE: 00000

Mfr Part Number: 13540611

0002AA PRODUCTION QUANTITY ORDERING PERIOD 2 6930 EA $ _____________________________________ __________________

See Range Pricing

COMMODITY NAME: INERT WARHEAD

CLIN CONTRACT TYPE:

Firm Fixed Price

PRON: PF9RRPB52K PRON AMD: 01

Range Quantities ________________

FROM TO UNIT PRICE ____ __ __________

132 1000 $

1001 2000 $

2001 3000 $

3001 4000 $

4001 5000 $

5001 6000 $

6001 6930 $

Max Quantity: 6,930/Year

See Section H-1 for Ordering Periods.

(End of narrative B001)

Packaging and Marking _____________________

6 46

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

See Section D for Packaging and Marking Instructions.

(End of narrative D001)

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

Deliveries or Performance _________________________

DOC SUPPL

REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____

001 W80FLR9246EF01 CL0VJJ J 3

PROJ CD BRK BLK PT _______ __________

GG4

DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________

001 6,930 0180

FOB POINT: Origin

SHIP TO:

(CL0VJJ) XU LOCKHEED MARTIN CORPORATION

15604 W AR 274 HWY

CAMDEN,AR,71701-5042

Note: 180 DACA is an estimated production delivery lead time. The actual monthly delivery dates will be determined at delivery order award for this ordering period.

See Section F for additional shipping instructions.

(End of narrative F001)

0003 INERT WARHEAD FOLLOW

NSN: 9999-99-999-9999

Mfr CAGE: 00000

Mfr Part Number: 13540611

0003AA PRODUCTION QUANTITY ORDERING PERIOD 3 6930 EA $ _____________________________________ __________________

See Range Pricing

COMMODITY NAME: INERT WARHEAD FOLLOW

CLIN CONTRACT TYPE:

Firm Fixed Price

PRON: PF9RRPB52K PRON AMD: 01

Range Quantities ________________

FROM TO UNIT PRICE ____ __ __________

132 1000 $

7 46

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

1001 2000 $

2001 3000 $

3001 4000 $

4001 5000 $

5001 6000 $

6001 6930 $

Max Quantity: 6,930/Year

See Section H-1 for Ordering Periods.

(End of narrative B001)

Packaging and Marking _____________________

See Section D for Packaging and Marking Instructions.

(End of narrative D001)

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

Deliveries or Performance _________________________

DOC SUPPL

REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____

001 W80FLR9246EF01 CL0VJJ J 3

PROJ CD BRK BLK PT _______ __________

GG4

DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________

001 6,930 0180

FOB POINT: Origin

SHIP TO:

(CL0VJJ) XU LOCKHEED MARTIN CORPORATION

15604 W AR 274 HWY

CAMDEN,AR,71701-5042

Note: 180 DACA is an estimated production delivery lead time. The actual monthly delivery dates will be determined at delivery order award for this ordering period.

See Section F for additional shipping instructions.

(End of narrative F001)

0004 INERT WARHEAD FOLLOW

NSN: 9999-99-999-9999

8 46

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

Mfr CAGE: 00000

Mfr Part Number: 13540611

0004AA PRODUCTION QUANTITY ORDERING PERIOD 4 6930 EA $ _____________________________________ __________________

See Range Pricing

COMMODITY NAME: INERT WARHEAD FOLLOW

CLIN CONTRACT TYPE:

Firm Fixed Price

PRON: PF9RRPB52K PRON AMD: 01

Range Quantities ________________

FROM TO UNIT PRICE ____ __ __________

132 1000 $

1001 2000 $

2001 3000 $

3001 4000 $

4001 5000 $

5001 6000 $

6001 6930 $

Max Quantity: 6,930/Year

See Section H-1 for Ordering Periods.

(End of narrative B001)

Packaging and Marking _____________________

See Section D for Packaging and Marking Instructions.

(End of narrative D001)

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

Deliveries or Performance _________________________

DOC SUPPL

REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____

001 W80FLR9246EF01 CL0VJJ J 3

PROJ CD BRK BLK PT _______ __________

GG4

DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________

001 6,930 0180

FOB POINT: Origin

SHIP TO:

(CL0VJJ) XU LOCKHEED MARTIN CORPORATION

15604 W AR 274 HWY

9 46

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

CAMDEN,AR,71701-5042

Note: 180 DACA is an estimated production delivery lead time. The actual monthly delivery dates will be determined at delivery order award for this ordering period.

See Section F for additional shipping instructions.

(End of narrative F001)

0005 INERT WARHEAD

NSN: 9999-99-999-9999

Mfr CAGE: 00000

Mfr Part Number: 13540611

0005AA PRODUCTION QUANTITY ORDERING PERIOD 5 6930 EA $ _____________________________________ __________________

See Range Pricing

COMMODITY NAME: INERT WARHEAD

CLIN CONTRACT TYPE:

Firm Fixed Price

PRON: PF9RRPB52K PRON AMD: 01

Range Quantities ________________

FROM TO UNIT PRICE ____ __ __________

132 1000 $

1001 2000 $

2001 3000 $

3001 4000 $

4001 5000 $

5001 6000 $

6001 6930 $

Max Quantity: 6,930/Year

See Section H-1 for Ordering Periods.

(End of narrative B001)

Packaging and Marking _____________________

See Section D for Packaging and Marking Instructions.

(End of narrative D001)

Inspection and Acceptance _________________________

10 46

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

INSPECTION: Origin ACCEPTANCE: Origin

Deliveries or Performance _________________________

DOC SUPPL

REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____

001 W80FLR9246EF01 CL0VJJ J 3

PROJ CD BRK BLK PT _______ __________

GG4

DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________

001 6,930 0180

FOB POINT: Origin

SHIP TO:

(CL0VJJ) XU LOCKHEED MARTIN CORPORATION

15604 W AR 274 HWY

CAMDEN,AR,71701-5042

Note: 180 DACA is an estimated production delivery lead time. The actual monthly delivery dates will be determined at delivery order award for this ordering period.

See Section F for additional shipping instructions.

(End of narrative F001)

0006 CONTRACT DATA REQUIREMENTS LIST _______________________________

A001 REQUEST FOR VARIANCE 1 LO $ ** NSP ** ____________________ __________________

SERVICE REQUESTED: REQUEST FOR VARIANCE

IAW Exhibit A CDRL A003 and Attachment 001 SOW

Paragraph 4.2 as found in Section J.

(End of narrative B001)

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 SEE DD FORM 1423

A002 HAZARDOUS MATERIALS MANAGEMENT REPORT 1 LO $ ** NSP ** _____________________________________ __________________

11 46

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

SERVICE REQUESTED: HMMP

IAW Exhibit A CDRL A006 and Attachment 001 SOW

Paragraph 6.0 as found in Section J.

(End of narrative B001)

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 SEE DD FORM 1423

A003 QUALITY PROGRAM PLAN 1 LO $ ** NSP ** ____________________ __________________

SERVICE REQUESTED: QUALITY PROGRAM PLAN

IAW Exhibit A CDRL A009 and Attachment 0001 SOW

Paragraph 5.0 as found in Section J.

(End of narrative B001)

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 SEE DD FORM 1423

12 46

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION D - PACKAGING AND MARKING

D-1. PACKAGING AND MARKING

52.208-4701 WOOD PACKING MATERIALS REQUIREMENTS JUL/2007

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

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

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

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

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

(see http://www.alsc.org/ ).

(2) All WPM shall include certification/quality markings in accordance with the ALSC standard. Marking shall be placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally opposite sides of the pallet and be contrasting and clearly visible. All containers shall be marked on a side other than the top or bottom, contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ALSC approved DUNNAGE stamp.

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

D. Replacement Preservative for Pentachlorophenol If packaging requirements of this contract specify the use of wood products and a preservative is required, Pentachlorophenol, commonly referred to as "Penta" or "PCP" is prohibited. Replacement preservatives are 2 percent copper naphthenate, 3 percent zinc naphthenate or 1.8 percent copper 8 quinolinolate.

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

(2) Marking: Each box/pallet shall be marked to show the conformance to the International Plant Protection Convention Standard. The quality mark shall be placed on both ends of the outer packaging, between the end cleats or end battens: on two sides of the pallet.

Foreign manufacturers shall have the heat treatment of non-manufactured wood process verified in accordance with their National Plant

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

*** END OF NARRATIVE D0001 ***

13 46

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION E - INSPECTION AND ACCEPTANCE

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

For FAR clauses: https://www.acquisition.gov/

For DFARS clauses: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

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

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

E-1 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE AUG/1996

E-2 52.246-16 RESPONSIBILITY FOR SUPPLIES APR/1984

E-3 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT DEC/2014

(a) The contractor shall comply with the higher-level quality standard(s) listed below.

Offeror will demonstrate the ability to meet AMS-STD-2219 Class C Fusion Welding to include personal certification and training status.

(b) The contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts in--

(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or

(2) When the technical requirements of a subcontract require--

(i) Control of such things as design, work operations, in-process control, testing and inspection; or

(ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.

(End of clause)

14 46

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION F - DELIVERIES OR PERFORMANCE

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

For FAR clauses: https://www.acquisition.gov/

For DFARS clauses: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

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

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

F-1 52.211-17 DELIVERY OF EXCESS QUANTITIES SEP/1989

F-2 52.242-15 STOP-WORK ORDER AUG/1989

F-3 52.242-17 GOVERNMENT DELAY OF WORK APR/1984

F-1. SHIPPING INSTRUCTIONS

The Government will provide the contractor with Transportation Account Code (TAC) to ship all end items to the location at the time of award.

The Government anticipates deliveries to the following locations:

XR Lockheed Martin Corporation

15604 W AR 274 HWY

Camden, AR, 71701-5042

SR W39Z Letterkenny Munitions Center

Route 997

Voelz Gate

Chambersburg, PA, 17201-4150

F-2. GROUND RULES OF THE DELIVERY SCHEDULE

The contractor shall adhere to the ground rules of the delivery schedule set forth in this contract, unless directed otherwise in writing by the Contracting Officer.

Inert warheads shipped to Lockheed Martin will adhere to Lockheed Martin's Operating Schedule:

No Friday deliveries and no deliveries after 3:30pm Central Time.

Monday - Thursday until 3:30pm Central Time

Holiday Schedules:

New Year's Day (January)

Martin Luther King, Jr Day (January)

Memorial Day (May)

July 4th

Labor Day (September)

Thanksgiving Day (November)

Christmas Holiday Shutdown (December) (One calendar week prior to Christmas extending through 1st Week of January)

F-3. ACCELERATED DELIVERY

The contractor shall submit a 14-calendar day notice to the Contracting Officer to request authorization for accelerated delivery.

*** END OF NARRATIVE F0001 ***

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SECTION G - CONTRACT ADMINISTRATION DATA

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

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

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

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

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

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

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

Receiving Reports.

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

Receiving Reports.

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

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

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

Web site.

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

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

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

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

Protocol.

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

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

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

(ii) For fixed price line items--

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

The Contractor shall use the Combination Invoice and Receiving Report (COMBO) for submitting invoices for supplies. This eliminates the need to separately process a receiving report and invoice.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

The Contractor shall comply with the inspection/acceptance requirements in Section B of the contract.

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some Combinations of invoice and receiving report in one step.]

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(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in

WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC TBD

Issue By DoDAAC W31P4Q

Admin DoDAAC TBD

Inspect By DoDAAC TBD

Ship To Code SEE INDIVIDUAL CLIN

Ship From Code SEE INDIVIDUAL CLIN

Mark For Code SEE INDIVIDUAL CLIN

Service Approver (DoDAAC) TBD

Service Acceptor (DoDAAC) TBD

Accept at Other DoDAAC TBD

LPO DoDAAC TBD

DCAA Auditor DoDAAC TBD

Other DoDAAC(s) TBD

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and

Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Cognizant Administrative Contracting Officer

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

(End of clause)

G-1. PAYMENT INSTRUCTIONS DFARS PGI 204.7108(b)(2)

The payment office shall ensure that the invoice/voucher is disbursed from each ACRN as specifically indicated on the invoice/voucher.

The payment office shall allocate and record the amounts paid to the accounting classification citations in the contract using the DFARS

PGI 204.7108(b)(2) table, found at https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204.71.htm#payment_instructions , based on the type of payment request submitted and the type of effort.

*** END OF NARRATIVE G0001 ***

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1. ORDERING PERIODS

The ordering periods reflected below are based on estimated dates. The actual dates for each ordering period will be established at the time of contract award and identified in Section B of the contract.

Base Year 1 Ordering Period: 08 August 2020 through 07 August 2021

Year 2 Ordering Period: 08 August 2021 through 07 August 2022

Year 3 Ordering Period: 08 August 2022 through 07 August 2023

Year 4 Ordering Period: 08 August 2023 through 07 August 2024

Year 5 Ordering Period: 08 August 2024 through 07 August 2025

In accordance with FAR 16.504 (a)(1), this contract requires the Government to order and the contractor to furnish at least the stated minimum quantity of supplies or services. In addition, if ordered, the contractor must furnish any additional quantities, not to exceed the stated maximum. The award of Base Year 1 minimum quantity of 132 Inert Warheads will constitute the Governments fulfillment of the minimum ordering requirement for this IDIQ type contract. The Government is not obligated to make additional orders beyond this stated minimum for the duration of the contracts period of performance.

The Government reserves the right to issue delivery orders at any point during the ordering periods, as many times as needed, as long as the cumulative total number of units does not exceed the yearly maximum quantities.

The price paid for each unit will be based upon the awarded price applicable at the time of the base IDIQ award.

*** END OF NARRATIVE H0001 ***

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SECTION I - CONTRACT CLAUSES

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

For FAR clauses: https://www.acquisition.gov/

For DFARS clauses: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

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

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

I-1 52.202-1 DEFINITIONS NOV/2013

I-2 52.203-3 GRATUITIES APR/1984

I-3 52.203-5 COVENANT AGAINST CONTINGENT FEES MAY/2014

I-4 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT SEP/2006

I-5 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) -- OCT/1995

ALTERNATE I (OCT 1995)

I-6 52.203-7 ANTI-KICKBACK PROCEDURES MAY/2014

I-7 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR MAY/2014

IMPROPER ACTIVITY

I-8 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY MAY/2014

I-9 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS OCT/2010

I-10 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS JAN/2017

OR STATEMENTS

I-11 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER MAY/2011

I-12 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS OCT/2018

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

I-14 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL/2016

I-15 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES JUL/2018

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES

I-16 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO AUG/2019

SURVEILLANCE SERVICES OR EQUIPMENT

I-17 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH OCT/2015

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

I-18 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY OCT/2018

MATTERS

I-19 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS NOV/2015

I-20 52.211-5 MATERIAL REQUIREMENTS AUG/2000

I-21 52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS APR/2008

I-22 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT OCT/1997

I-23 52.215-14 INTEGRITY OF UNIT PRICES OCT/2010

I-24 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS OCT/2010

I-25 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS (PRB) JUL/2005

OTHER THAN PENSIONS

I-26 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT/2018

I-27 52.222-3 CONVICT LABOR JUN/2003

I-28 52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES JAN/2020

I-29 52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT EXCEEDING MAY/2014

$15,000

I-30 52.222-21 PROHIBITION OF SEGREGATED FACILITIES APR/2015

I-31 52.222-26 EQUAL OPPORTUNITY SEP/2016

I-32 52.222-37 EMPLOYMENT REPORTS ON VETERANS FEB/2016

I-33 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS DEC/2010

ACT

I-34 52.222-50 COMBATING TRAFFICKING IN PERSONS JAN/2019

I-35 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION OCT/2015

I-36 52.223-6 DRUG-FREE WORKPLACE MAY/2001

I-37 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING AUG/2011

I-38 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES JUN/2008

I-39 52.227-1 AUTHORIZATION AND CONSENT DEC/2007

I-40 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT DEC/2007

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

I-41 52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB/2013

I-42 52.232-1 PAYMENTS APR/1984

I-43 52.232-8 DISCOUNTS FOR PROMPT PAYMENT FEB/2002

I-44 52.232-11 EXTRAS APR/1984

I-45 52.232-17 INTEREST MAY/2014

I-46 52.232-23 ASSIGNMENT OF CLAIMS MAY/2014

I-47 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) -- ALTERNATE I (APR 1984) APR/1984

I-48 52.232-25 PROMPT PAYMENT JAN/2017

I-49 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT OCT/2018

I-50 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN/2013

I-51 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS DEC/2013

I-52 52.233-1 DISPUTES MAY/2014

I-53 52.233-3 PROTEST AFTER AWARD AUG/1996

I-54 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT/2004

I-55 52.242-13 BANKRUPTCY JUL/1995

I-56 52.243-1 CHANGES--FIXED PRICE (AUG 1987) -- ALTERNATE II (APR 1984) APR/1984

I-57 52.243-1 CHANGES--FIXED PRICE AUG/1987

I-58 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS AUG/2019

I-59 52.246-23 LIMITATION OF LIABILITY FEB/1997

I-60 52.247-63 PREFERENCE FOR U.S.-FLAG AIR CARRIERS JUN/2003

I-61 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) APR/2012

I-62 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) APR/1984

I-63 52.253-1 COMPUTER GENERATED FORMS JAN/1991

I-64 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS SEP/2011

I-65 252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT- DEC/2008

RELATED FELONIES

I-66 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS SEP/2013

I-67 252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL AUG/2019

I-68 252.204-7000 DISCLOSURE OF INFORMATION OCT/2016

I-69 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT APR/1992

I-70 252.204-7006 BILLING INSTRUCTIONS OCT/2005

I-71 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING DEC/2019

I-72 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT MAY/2016

I-73 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS DEC/2019

EQUIPMENT OR SERVICES

I-74 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS DEC/1991

I-75 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE MAY/2019

GOVERNMENT OF A TERRORIST COUNTRY

I-76 252.222-7006 RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION AGREEMENTS DEC/2010

I-77 252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM--BASIC DEC/2017

I-78 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES DEC/2017

I-79 252.225-7048 EXPORT-CONTROLLED ITEMS JUN/2013

I-80 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC APR/2019

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS

I-81 252.227-7013 RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS FEB/2014

I-82 252.227-7014 RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL COMPUTER FEB/2014

SOFTWARE DOCUMENTATION

I-83 252.227-7016 RIGHTS IN BID OR PROPOSAL INFORMATION JAN/2011

I-84 252.227-7019 VALIDATION OF ASSERTED RESTRICTIONS--COMPUTER SOFTWARE SEP/2016

I-85 252.227-7025 LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT-FURNISHED MAY/2013

INFORMATION MARKED WITH RESTRICTIVE LEGENDS

I-86 252.227-7027 DEFERRED ORDERING OF TECHNICAL DATA OR COMPUTER SOFTWARE APR/1988

I-87 252.227-7030 TECHNICAL DATA--WITHHOLDING OF PAYMENT MAR/2000

I-88 252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA SEP/2016

I-89 252.231-7000 SUPPLEMENTAL COST PRINCIPLES DEC/1991

I-90 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS DEC/2018

I-91 252.232-7010 LEVIES ON CONTRACT PAYMENTS DEC/2006

I-92 252.243-7001 PRICING OF CONTRACT MODIFICATIONS DEC/1991

I-93 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT DEC/2012

I-94 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS JUN/2013

I-95 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA--BASIC FEB/2019

I-96 252.249-7002 NOTIFICATION OF ANTICIPATED CONTRACT TERMINATION OR REDUCTION MAY/2019

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

I-97 52.209-3 FIRST ARTICLE APPROVAL -- CONTRACTOR TESTING (SEP 1989) -- ALTERNATE JAN/1997

I (JAN 1997)

(a) The Contractor shall test 1 unit(s) of Lot/Item 0001AA as specified in this contract. At least 30 calendar days before the beginning of first article tests, the Contractor shall notify the Contracting Officer, in writing, of the time and location of the testing so that the Government may witness the tests.

(b) The Contractor shall submit the first article test report within 0123 calendar days from the date of this contract to US ARMY

CONTRACTING COMMAND-REDSTONE, CCAM-PFA BUILDING 111 HANKINS RD> REDSTONE ARSENAL< AL 35898-5280 marked First Article Test Report:

Contract No. TBD, Lot/Item No. 0001AA. Within 15 calendar days after the Government receives the test report, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor.

A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall repeat any or all first article tests. After each request for additional tests, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall then conduct the tests and deliver another report to the

Government under the terms and conditions and within the time specified by the Government. The Government shall take action on this report within the time specified in paragraph (b) above. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule, or for any additional costs to the Government related to these tests.

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

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

(e) Unless otherwise provided in the contract, and if the approved first article is not consumed or destroyed in testing, the Contractor may deliver the approved first article as part of the contract quantity if it meets all contract requirements for acceptance.

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

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

(1) progress payments, or

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

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

(i) The Contractor shall produce both the first article and the production quantity at the same facility.

(End of Clause)

I-98 52.216-19 ORDER LIMITATIONS OCT/1995

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 132, the

Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of 6,930.

(2) Any order for a combination of items in excess of 6,930; or

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(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

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

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

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

(End of Clause)

I-99 52.216-22 INDEFINITE QUANTITY OCT/1995

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the

Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the maximum. The Government shall order at least the quantity of supplies or services designated in the Schedule as the minimum.

(c) Except for any limitations…

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