SolicitationW52P1J15R3054.pdf

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51 - 54 X H 55 michael.e.perez24.civ@mail.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

DO-C9 1 55

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W52P1J 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 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

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

See Section L conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

MICHAEL E. PEREZ (309) 782-3360

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 3 4 - 12

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

13 - 15

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

17 - 21 22 - 27

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 28 - 29 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 30 - 33 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance 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

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

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:

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

34 - 39

PART II - CONTRACT CLAUSES

ARMY CONTRACTING COMMAND ROCK ISLAND

3055 RODMAN AVENUE

ROCK ISLAND IL 61299-8000

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.

SEE SCHEDULE

5. DATE ISSUED

05 Oct 2015

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W52P1J-15-R-3054

Section A - Solicitation/Contract Form

OFFEROR REPRESENTATIVE

POC NAME:____________________________________

POC TITLE:____________________________________

POC TELEPHONE:______________________________

POC EMAIL ADDRESS:__________________________

DUNS NUMBER:_______________________________(http://fedgov.dnb.com/webform)

CAGE CODE:__________________________________(http://www.dlis.dla.mil/cage_welcome.asp)

TAXPAYER ID NUMBER:________________________

GOVERNMENT POINTS OF CONTACT

This Notice implements a local Government requirement to incorporate a list of Government Points of Contact (POCs) into our solicitations and contracts at no cost to the Government. Contractors are encouraged and advised to start communications with the Government at the lowest possible level. The POC list follows:

TITLE NAME PHONE E-MAIL

Contract Specialist Mike Perez 309-782-3360 michael.e.perez24.civ@mail.mil Procuring Contracting Officer Elvia Jaggers 309-782-3271 elvia.jaggers.civ@mail.mil Branch Chief Valiant M. DuHart 309-782-8517 valiant.m.duhart.civ@mail.mil Division Chief Mary J. Donovan 309-782-7946 mary.j.donovan4.civ@mail.mil Deputy Executive Director Amy J. Hayden 309-782-7564 amy.j.hayden.civ@mail.mil Executive Director Melanie A. Johnson 309-782-3815 melanie.a.johnson.civ@mail.mil

(End of Notice)

ELECTRONIC BID SUBMISSION

Proposals/ bids/ quotes may be submitted electronically by email if the solicitation is filled out completely, and signed by an authorized representative, scanned, included as an attachment, and emailed to the address provided in the solicitation. All emailed quotes and attachments must be in Adobe Acrobat (.pdf) format and the solicitation must be submitted in its entirety along with any amendments including contractor’s attachments, drawings, or supporting documents by the specified date and time in order to be considered for award. This instruction takes precedence over any other direction for ASFI Quote Submission. NOTE: Proposals/ bids/ quotes will NOT be accepted for this solicitation through the ASFI web site.

CLAUSES INCORPORATED BY FULL TEXT

52.0000-4000 02 NON-RELEASE OF CONTRACT INFORMATION (MAR 2000)

1. Any proprietary, confidential commercial, trade secret or similar type of information in the contract resulting from this solicitation may not be released to anyone outside the Government.

2. Do not release proprietary, confidential commercial, trade secret or similar type of information from this contract to anyone inside the Government that does not have a legitimate need to know the information.

3. If in doubt about what information in the contract may be released, contact the Contracting Officer.

4. Criminal penalties are provided by 18 U.S.C. for the improper release of proprietary and/or confidential commercial information. (End of notice)

52.0000-4003 DISCLOSURE OF UNIT PRICE INFORMATION (JUN 2005)

This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23,1987), of our intention to release unit prices of the awardee in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the Contracting Officer is notified of your objection to such release prior to submission of initial proposals.

(End of clause)

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 68 Each HAWK Warhead Cases

FFP

Part Number 13385473 in accordance with Technical Data Package (TDP).

NOTICES:

1. FIRST ARTICLE TESTING (FAT): Vendors must enter unit and extended prices with and without FAT requirements. Vendors shall amortize all costs for First Article Testing across the 405 total units. See # 10 below.

2. QUANTITY VARIATION: A +10% quantity variation applies to the total 405 units, IAW 52.211-16 Variation in Quantity.

3. FORGINGS: End products and their components delivered under this contract shall contain forging items that are of domestic manufacture only, IAW 252.225- 7025.

4. SPECIALTY METALS: Any specialty metal delivered under this contract shall be melted or produced in the United States or its outlying areas, IAW 252.225- 7008.

5. PRE-AWARD SITE VISIT: The Government reserves the right to conduct an on-site visit to the vendor's facility prior to solicitation award. During that visit, the Government will conduct a capabilities audit to ensure the quality of the part and that the required delivery schedule can be met.

6. SHIPMENTS: All shipments shall include a Packing List IAW 52.0000-4002, Certificate of Conformance IAW 52.246-15, and Material Inspection and Receiving Report IAW 252.246-7000.

7. DRAWING & SPECIFICATIONS: The drawing number 13385473 is available in accordance with 52.0000-4502. Specifications are available in accordance with 52.211-2.

8. EXPORT-CONTROLLED ITEMS: The Contractor shall comply with all applicable laws and regulations regarding export-controlled items, IAW 252.225- 7048.

9. DELIVERY SCHEDULE: The six (6) FAT units under CLIN 0005 shall be delivered within 224 Days after date of contract award. The total quantity of 405 units (including the 6 FAT units) are due within 644 Days after date of contract award.

10. VENDORS SHALL ENTER THEIR UNIT AND EXTENDED PRICES

BELOW:

Unit Price with FAT Extended Price with FAT

Unit Price without FAT Extended Price without FAT

FOB: Destination

NSN: 1336-01-361-3665

PURCHASE REQUEST NUMBER: W44W9M4101005H

NET AMT

0002 110 Each HAWK Warhead Cases

FFP

Part Number 13385473 in accordance with Technical Data Package (TDP).

NOTICES:

1. FIRST ARTICLE TESTING (FAT): Vendors must enter unit and extended prices with and without FAT requirements. Vendors shall amortize all costs for First Article Testing across the 405 total units. See # 10 below.

2. QUANTITY VARIATION: A +10% quantity variation applies to the total 405 units, IAW 52.211-16 Variation in Quantity.

3. FORGINGS: End products and their components delivered under this contract shall contain forging items that are of domestic manufacture only, IAW 252.225- 7025.

4. SPECIALTY METALS: Any specialty metal delivered under this contract shall be melted or produced in the United States or its outlying areas, IAW 252.225- 7008.

5. PRE-AWARD SITE VISIT: The Government reserves the right to conduct an on-site visit to the vendor's facility prior to solicitation award. During that visit, the Government will conduct a capabilities audit to ensure the quality of the part and that the required delivery schedule can be met.

6. SHIPMENTS: All shipments shall include a Packing List IAW 52.0000-4002, Certificate of Conformance IAW 52.246-15, and Material Inspection and Receiving Report IAW 252.246-7000.

7. DRAWING & SPECIFICATIONS: The drawing number 13385473 is available in accordance with 52.0000-4502. Specifications are available in accordance with 52.211-2.

8. EXPORT-CONTROLLED ITEMS: The Contractor shall comply with all applicable laws and regulations regarding export-controlled items, IAW 252.225- 7048.

9. DELIVERY SCHEDULE: The six (6) FAT units under CLIN 0005 shall be delivered within 224 Days after date of contract award. The total quantity of 405 units (including the 6 FAT units) are due within 644 Days after date of contract award.

FOB: Destination

NSN: 1336-01-361-3665

PURCHASE REQUEST NUMBER: W44W9M4101005G

0003 117 Each HAWK Warhead Cases

FFP

Part Number 13385473 in accordance with Technical Data Package (TDP).

NOTICES:

1. FIRST ARTICLE TESTING (FAT): Vendors must enter unit and extended prices with and without FAT requirements. Vendors shall amortize all costs for First Article Testing across the 405 total units. See # 10 below.

2. QUANTITY VARIATION: A +10% quantity variation applies to the total 405 units, IAW 52.211-16 Variation in Quantity.

3. FORGINGS: End products and their components delivered under this contract shall contain forging items that are of domestic manufacture only, IAW 252.225- 7025.

4. SPECIALTY METALS: Any specialty metal delivered under this contract shall be melted or produced in the United States or its outlying areas, IAW 252.225- 7008.

5. PRE-AWARD SITE VISIT: The Government reserves the right to conduct an on-site visit to the vendor's facility prior to solicitation award. During that visit, the Government will conduct a capabilities audit to ensure the quality of the part and that the required delivery schedule can be met.

6. SHIPMENTS: All shipments shall include a Packing List IAW 52.0000-4002, Certificate of Conformance IAW 52.246-15, and Material Inspection and Receiving Report IAW 252.246-7000.

7. DRAWING & SPECIFICATIONS: The drawing number 13385473 is available in accordance with 52.0000-4502. Specifications are available in accordance with 52.211-2.

8. EXPORT-CONTROLLED ITEMS: The Contractor shall comply with all applicable laws and regulations regarding export-controlled items, IAW 252.225- 7048.

9. DELIVERY SCHEDULE: The six (6) FAT units under CLIN 0005 shall be delivered within 224 Days after date of contract award. The total quantity of 405 units (including the 6 FAT units) are due within 644 Days after date of contract award.

FOB: Destination

NSN: 1336-01-361-3665

MILSTRIP: W44W9M4101005E

PURCHASE REQUEST NUMBER: W44W9M4101005E

0004 110 Each HAWK Warhead Cases

FFP

Part Number 13385473 in accordance with Technical Data Package (TDP).

NOTICES:

1. FIRST ARTICLE TESTING (FAT): Vendors must enter unit and extended prices with and without FAT requirements. Vendors shall amortize all costs for First Article Testing across the 405 total units. See # 10 below.

2. QUANTITY VARIATION: A +10% quantity variation applies to the total 405 units, IAW 52.211-16 Variation in Quantity.

3. FORGINGS: End products and their components delivered under this contract shall contain forging items that are of domestic manufacture only, IAW 252.225- 7025.

4. SPECIALTY METALS: Any specialty metal delivered under this contract shall be melted or produced in the United States or its outlying areas, IAW 252.225- 7008.

5. PRE-AWARD SITE VISIT: The Government reserves the right to conduct an on-site visit to the vendor's facility prior to solicitation award. During that visit, the Government will conduct a capabilities audit to ensure the quality of the part and that the required delivery schedule can be met.

6. SHIPMENTS: All shipments shall include a Packing List IAW 52.0000-4002, Certificate of Conformance IAW 52.246-15, and Material Inspection and Receiving Report IAW 252.246-7000.

7. DRAWING & SPECIFICATIONS: The drawing number 13385473 is available in accordance with 52.0000-4502. Specifications are available in accordance with 52.211-2.

8. EXPORT-CONTROLLED ITEMS: The Contractor shall comply with all applicable laws and regulations regarding export-controlled items, IAW 252.225- 7048.

9. DELIVERY SCHEDULE: The six (6) FAT units under CLIN 0005 shall be delivered within 224 Days after date of contract award. The total quantity of 405 units (including the 6 FAT units) are due within 644 Days after date of contract award.

FOB: Destination

NSN: 1336-01-361-3665

MILSTRIP: W44W9M411900QG

PURCHASE REQUEST NUMBER: W44W9M411900QG

See Exhibit A

FIRST ARTICLE TEST

FFP

Part Number 13385473 in accordance with Technical Data Package (TDP). First Article Testing and reporting are required in accordance with 52.209-3, Alternate I.

The First Article quantity of six (6) units is due within 224 calendar days from the date of this contract. The FOB Destination Ship-To address for the 6 First Article units is provided under CLIN 0005 of the Delivery Information within Section F.

This is an information-only CLIN that is Not Separately Priced. Vendors shall not enter unit or extended prices for the 6 FAT units called out in this CLIN. Rather, vendors shall amortize all costs for First Article Testing across the 405 total units on CLINS 0001 through 0004.

FOB: Destination

Section C - Descriptions and Specifications

DESCRIPTION & SPECIFICATIONS

Applicable specifications include the Technical Data Package (TDP) for Part Number 13385473 and Contract C Requirements, as well as any other specifications referenced in this solicitation. If a vendor is authorized to view the TDP and Contract C Requirements, the TDP can be accessed at the following FBO.gov link:

https://www.fbo.gov/notices/ab481a64e3e1b62fcb23ae4734fbfdd6

(End of notice)

52.0000-4180 CONFIGURATION MANAGEMENT DOCUMENTATION (AUG 2015)

(a) The contractor may submit Engineering Change Proposals (ECPs) and Requests for Variance (RFVs) for the requirements in the Government provided Technical Data Package (TDP). The contractor shall prepare and submit ECPs, Notices of Revision (NORs), and RFVs as required by the accompanying DD Form 1423, Contract Data Requirements List (CDRL). If a Value Engineering Change Proposal (VECP) clause is included on this contract, VECPs shall be submitted in the same manner as ECPs.

(1) ECPs - The contractor may request a permanent change to the requirements specified in the TDP or any other baseline documentation by submitting an ECP. ECPs shall be submitted to include all NORs necessary to completely define the requested change. Each ECP shall be accompanied with at least one NOR per affected document. The contractor shall not present any production items for acceptance incorporating any change to the TDP or other baseline documentation until notified by the Government the ECP has been approved and incorporated in the contract.

(i) Page 1 of DD Form 1692 (or equivalent) shall be submitted for all ECPs. Pages 2-7 of DD Form 1692 shall be submitted when required to properly explain all the potential logistics and technical impacts of the proposed change. DD Form 1695 NOR (or equivalent) shall be submitted to completely describe the desired change on each affected document.

(ii) All ECPs submitted by the contractor will be routine priority unless otherwise justified. If the contractor considers the ECP to be emergency or urgent, they shall include justification within 48 hours of submittal of the

ECP.

(2) RFVs - The contractor may request to temporarily depart from a requirement specified in the TDP or any other baseline documentation, by submitting an RFV. RFVs may be submitted either pre-production (formerly known as Request for Deviation (RFD)) or post-production and prior to acceptance by the Government (formerly known as Request for Waiver (RFW)). DD Form 1694 (or equivalent) shall be submitted for all RFVs. The contractor shall not present any production items for acceptance with any nonconformance to the requirements in the TDP or other baseline documentation until notified by the Government the RFV has been approved and incorporated in the contract.

(b) Submission of requested changes - The submission of an ECP or RFV by the Contractor does not affect the required delivery dates specified within the contract, shall not constitute excusable delay in the performance of this Contract by the Contractor or in any way relieve the contractor from compliance with the contract delivery schedule.

If a delivery date change is needed, it must be negotiated with the Contracting Officer and documented via modification to the contract. The submission of an ECP and/or RFV by the Contractor shall not preclude the Government from exercising its rights under any clause of the Contract.

(c) Specifications - Permanent proposed changes to specifications which are part of the TDP or baseline documentation shall be requested with an ECP and NOR (i.e. Specification Change Notices (SCNs) are not required).

52.0000-4502 (ACC-RI)

TECHNICAL DATA PACKAGE INFORMATION, AND DISTRIBUTION AND DESTRUCTION OF

RESTRICTED TECHNICAL DATA

Nov 2012

Text:

(a) Army Contracting Command - Rock Island (ACC-RI) will no longer make Technical Data Packages (TDPs) available for order via CD-ROMS. TDPs will be obtained electronically via the link(s) below which will direct you to the Federal Business Opportunities (FBO) website. You must have an FBO account prior to accessing any TDP(s). To register for an account in FBO, please visit http://www.fbo.gov/index and click on “Register Now” under Vendors/Citizens. The toll free FBO helpdesk phone number is (866) 606-8220 and for international (334) 206-7828. Vendors are responsible for placing correct information in FBO.

(b) You may need to use special software to view the documents that we post to the FBO. This viewing software is freeware, available for download at no cost from commercial websites like Microsoft and Adobe. Additionally, some TDPs may require Lucent Viewer to view the TDP(s) which is available as freeware at: http://www.ec-edi.com/.

(c) The TDP(s) for this solicitation will be accessible via the FBO website (as described below) from the date of issue through the time specified in the solicitation for receipt of offers.

(d) FOR UNRESTRICTED TDPs:

(1) TDPs for this solicitation are unrestricted and can be accessed electronically via the FBO website. The URL will take you to that CLIN’s web-located TDP. You must have an FBO account prior accessing the TDP.

(2) To access the TDP(s), click directly on the link provided below to be directed to the TDP. You may also copy and paste the link into your browser and hit the Enter key. You will be prompted for your FBO username and password prior to gaining access to the TDP.

CLIN: NA

TDP Link (URL): NA

(e) FOR RESTRICTED TDPs:

TDPs and any other related documents, if applicable, for this solicitation is restricted and can be accessed electronically via the FBO website, with valid contractor login credentials. TDPs and any other related documents are posted with various options, such as Restricted and Export Control. These additional controls are described below:

(1) Access to RESTRICTED TDPs

Technical Data Packages that have been marked as 'Restricted' can be accessed electronically via the FBO website, with valid contractor login credentials. TDPs that have been marked as 'Restricted' will require approval from the Contracting Officer prior to gaining access to the requested information. To request access click on the link(s) provided below, log in to FBO, click on the “packages” sub-tab and then click on the “request explicit access” button. Completion of a “Use and Non-Disclosure Agreement” may be required prior to gaining access to the TDP. Please allow 2-3 working days to process your request. You will receive a system generated email from FBO stating you have been granted permission for viewing or downloading the TDP items.

(2) Access to EXPORT CONTROL TDPs

(i) TDPs that have been marked as 'Export Control' can be accessed electronically via the FBO website, with valid contractor login credentials. In addition, to obtain access to these TDPs, vendors and contractors must have a current DD 2345, Militarily Critical Technical Data Agreement on file with Defense Logistics Information Service (DLIS). If you do not have an approved DD 2345, Militarily Critical Technical Data Agreement on file with DLIS then you will not be able to access the TDP. To obtain certification, go to http://www.logisticsinformationservice.dla.mil/jcp/, click on documents and follow instructions provided.

Processing time is estimated at five working days after receipt.

(ii) TDPs that have been marked as ‘Export Control’ will require approval from the Contracting Officer prior to gaining access to the requested information. To request access click on the link(s) provided below, log in to FBO, click on the “packages” sub-tab, enter your Marketing Partner Identification Number (MPIN) and click on the “request explicit access” button. The requestor must be the "data custodian" that is listed on the DD 2345. Please allow 2-3 working days to process your request. If the company MPIN changes the user will be required to verify the MPIN again to gain access to ‘Export Control’ TDP(s). Completion of a “Use and Non-Disclosure Agreement” may be required prior to gaining access to the TDP. You will receive a system generated email from FBO stating you have been granted permission for viewing or downloading the TDP items.

(iii) If multiple individuals in your company need access to the Export Control TDP for a solicitation, it can be obtained from your data custodian that is listed on the DD 2345.

(iv) TDPs that have an Export Control Warning Notice are subject to the Arms Export Control Act (Title 22, U.S.C., Sec 2751, et.seq.) or the Export Administration Act of 1979, as amended, Title 50, U.S.C, App. 2401 et. seq.

CLINs: 0001 through 0005

TDP Link (URL): https://www.fbo.gov/notices/ab481a64e3e1b62fcb23ae4734fbfdd6

(3) Further dissemination of Restricted TDPs must be in accordance with provisions of DoD Directive 5230.25.

This also applies to distribution of the TDP to all SUBCONTRACTORS at every level.

(4) Upon completion of the purposes for which the restricted technical data has been provided, the Contractor is required to destroy all documents, including all reproductions, duplications, or copies thereof as may have been further distributed by the Contractor. Destruction of this technical data shall be accomplished by: shredding, pulping, burning, or melting any physical copies of the TDP and/or deletion or removal of downloaded TDP files from computer drives and electronic devices, and any copies of those files.

(f) Questions related to registration in FBO should be directed to http://www.fbo.gov/index. The FBO helpdesk phone number is (866) 606-8820. Vendors are responsible for placing correct information in FBO. A user guide for FBO can be found at http://www.fbo.gov/index - on the right of the screen is User Guides - click on “Vendor”.

Section D - Packaging and Marking

52.0000-4026 STANDARD PRACTICE FOR COMMERCIAL PACKAGING (JUN 2005)

Preservation/Packaging/Packing shall conform to commercial level in accordance with the requirements of American Society for Testing and Materials, ASTM D 3951 (DEC 21 1990). The contractor shall mark all shipments in accordance with the requirements of ASTM D 3951 (DEC 21 1990).

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984

52.0000-4532 DESTRUCTIVE TESTING (MAY 1994)

a. All costs for destructive testing by the Contractor and items destroyed by the Government are considered as being included in the contract unit price.

b. Where destructive testing of items or components thereof is required by contract or specification, the number of items or components required to be destructively tested, whether destructively tested or not, shall be in addition to the quantity to the delivered to the Government as set forth in the Contract Schedule.

c. All pieces of the complete First Article shall be considered as destructively tested items unless specifically exempted by other provisions of this contract.

d. The Contractor shall not reuse any components from items used in a destructive test during First Article, lot acceptance or inprocess testing, unless specifically authorized by the Contracting Officer.

e. The Government reserves the right to take title to all or any items or components described above. The Government may take title to all or any items or components upon notice to the Contractor. The items or components of items to which the Government takes title shall be shipped in accordance with the Contracting Officer's instructions. Those items and components to which the Government does not obtain title shall be rendered inoperable and disposed of as scrap by the Contractor.

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

(a) The Contractor shall test SIX (6) unit(s) of Lot/Item 0001 as specified in this contract. At least fifteen (15) 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 224 calendar days from the date of this contract to McAlester Army Ammunition Plant, 1 C Tree Road, Attention: AOO (Jared Whitten or Mollie Lindsey), McAlester, OK 74501-9002 marked "FIRST ARTICLE TEST REPORT: Contract No. TBD, Lot/Item No. 0005. Within thirty

(30) 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.

52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984)

(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source.

In no case shall the Government's right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

(b) The Contractor's signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration (Block 10 of the DD Form 250) is performed by the Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's expense.

(d) The certificate shall read as follows:

"I certify that on ______ [insert date], the ____ [insert Contractor's name] furnished the supplies or services called for by Contract No._____ via ____ [Carrier] on ________[identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document."

Date of Execution: _______________________________

Signature: ______________________________________

Title: __________________________________________

52.246-4550 CRITICAL CHARACTERISTICS (FEB 2004)

Local Clause

a. The contractor’s processes shall be designed to prevent the creation or occurrence of critical nonconformances.

The contractor shall establish, document and maintain specific procedures, work and handling instructions and process controls relating to any critical characteristics.

b. The contractor shall assure his critical processes are robust in design such that product and performance are relatively insensitive to design and manufacturing parameters. A robust design anticipates changes and problems.

Robust processes shall be designed to yield less than one nonconformance in one million.

c. An inspection/verification system shall be employed that will verify the robustness of your critical processes.

Maximum use should be made of automated inspection equipment to accomplish verification of product quality.

Mistake proofing techniques of your material handling and inspection systems are encouraged.

d. Previous Practices/Special Characteristics. As a result of previous practices, the government’s technical data may refer to “Critical” (not annotated with I or II) and “Special” characteristics. Characteristics classified as “Critical” (not annotated with a I or II) shall be subject to all requirements herein associated with Critical (I) characteristics and level I Critical nonconformances. Unless otherwise stated in Section C, characteristics classified as “Special” shall be subject to all requirements herein associated with Critical (II) and Level (II) Critical nonconformances.

e. Contractor Identified Critical Characteristics List (CICCL). Not including critical characteristics defined in the government’s technical data (drawings, specifications, etc.), the contractor shall identify and document all material, component, subassembly and assembly characteristics whose nonconformances may result in hazardous or unsafe conditions for individuals using, maintaining or depending upon the product. All additional critical characteristics identified by the contractor shall comply with the critical characteristic requirements of the technical data package, supplemented herein. The contractor’s additional critical characteristics shall be classified as “Critical (I)” or “Critical (II)”, and shall be reviewed and approved by the procuring activity prior to manufacturing (DI-SAFT- 80970A). The following definitions are provided.

Level I critical nonconformance. A nonconformance of a critical characteristic that judgment and experience indicate would result in hazardous or unsafe conditions for individuals using, maintaining or depending upon the product; or a nonconformance that judgment and experience indicate would prevent performance of the tactical function of a weapon system or major end item. The following (as a minimum) are classified as Level I critical nonconformances:

(1) A nonconformance that will result in a hazardous or unsafe condition (often referred to as a single point failure).

(2) A nonconformance that will remove or degrade a safety feature (such as those in a safe and arm device or fuzing system).

(3) A nonconformance that will result in violation of mandatory safety policies or standards.

Level II critical nonconformance: A nonconformance of a critical characteristic, other than Level I. This includes the nonconformance of a characteristic that judgment and experience indicate may, depending upon the degree of variance from the design requirement, the presence of other nonconformances or procedural errors,:

(1) result in a hazardous or unsafe conditions for individuals using, maintaining or depending upon the product, or

(2) prevent performance of the tactical function of a major end item.

f. In the event that a Critical nonconformance is found anywhere in the production process, the contractor, as part of his quality system, shall have procedures in place to ensure:

(1) The nonconformance is positively identified and segregated so that there is no possibility of the item inadvertently re-entering the production process. This control shall be accomplished without affecting or impairing subsequent defect analysis.

(2) The operation that produced the defective component or assembly and any other operations incorporating that component or assembly is immediately stopped.

(3) The government is immediately notified of the critical nonconformance (telephonically and electronic mail.)(DI-SAFT-80970A).

(4) Any suspect material (material in process that may contain the same defect) is identified, segregated and suspended from any further processing.

(5) An investigation is conducted to determine the cause of the deficiency and required corrective actions. A report of this investigation shall be submitted to the government (DI-SAFT-80970A). The use of the DID report shall not delay notification to the government.

(6) A request to restart manufacturing or to use any suspect material associated with the critical nonconformance is submitted to the government (DI-SAFT-80970A). Restart of production shall not occur until the investigations are complete or upon authorization from the procuring contracting officer. All objective evidence of the investigations to date shall be available for review at the time of restart. Suspect materiel found to be nonconforming shall not be used without Government approval.

g. The contractor may develop alternative plans and provisions relative to government or contractor identified Critical level (I) and Critical Level (II) characteristics. The provisions shall be submitted to the government for advanced approval and shall address the following:

(1) Complete explanation of potential failure mode(s) together with supporting historical and statistical data.

(2) Pre-established plan of action (POA) to be taken when a critical nonconformance occurs and a description of controls to ensure there is no possibility of the nonconforming item inadvertently entering the production process.

(3) Means of tracking nonconformance rate, investigative results and corrective actions taken.

(4) Method to immediately verify that a produced critical nonconformance is consistent with the identified failure mode(s) and does not exceed the historical nonconformance rate.

The contractor can resume production without specific government approval based upon the pre-approved alternate plans and provisions for Critical (I) characteristics and level (I) Critical nonconformances and Critical (II) characteristics and level (II) Critical nonconformances.

h. If a critical nonconformance is discovered during further processing or loading, the original manufacturer who introduced the critical nonconformance shall bear responsibility for the nonconformance.

i. The Government Quality Assurance Representative will perform the surveillance actions necessary to ensure compliance with this clause. (End of clause)

(ES7500)

252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)

(a) At the time of each delivery of supplies or services under this contract, the Contractor shall prepare and furnish to the Government a material inspection and receiving report in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense FAR Supplement.

(b) Contractor submission of the material inspection and receiving information required by Appendix F of the Defense FAR Supplement by using the Wide Area WorkFlow (WAWF) electronic form (see paragraph (b) of the clause at 252.232-7003) fulfills the requirement for a material inspection and receiving report (DD Form 250). Two copies of the receiving report (paper copies of either the DD Form 250 or the WAWF report) shall be distributed with the shipment, in accordance with Appendix F, Part 4, F-401, Table 1, of the Defense FAR Supplement.

Section F - Deliveries or Performance

RECEIVING OFFICE REQUIREMENT

RECEIVING OFFICE REQUIREMENT - MCAAP (FEB 2004)

At the McAlester Army Ammunition Plant truck shipments are accepted at Warehouse 8, Receiving Office, Monday through Thursday (except holidays) from 6:30 A.M. until 3:00 P.M. only. All shipments and deliveries must be at the main gate (truck gate) on or before 3:00 P.M. No shipments will be accepted after 3:00 P.M. unless prior arrangements have been made.

Any deliveries for Thursday afternoons during the months of May and June SHALL BE scheduled in advance by calling 918-420-6695 to verify that deliveries are being accepted that day.

Delivery drivers will have a valid drivers license and no outstanding warrant history to gain entry for shipment/delivery. Any other occupants of the delivery vehicle will have a valid picture ID and no outstanding warrant history.

No shipments will be accepted on government holidays.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 644 dys. ADC 68 MCALESTER ARMY AMMUNITION

PLANT

RECEIVING OFFICER

WAREHOUSE 8

1 C TREE ROAD

MCALESTER OK 74501-9002

W44W9M

0002 644 dys. ADC 110 (SAME AS PREVIOUS LOCATION)

0003 644 dys. ADC 117 (SAME AS PREVIOUS LOCATION)

0004 644 dys. ADC 110 (SAME AS PREVIOUS LOCATION)

0005 224 dys. ADC MCALESTER ARMY AMMUNITION

PLANT

1 C TREE ROAD

ATTN: AOO (Mr. Whitten & Ms. Lindsey)

MCALESTER OK 74501-9002

52.211-17 Delivery of Excess Quantities SEP 1989 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991

52.0000-4002 SHIPPING/DELIVERY INSTRUCTIONS AND INFORMATION (FEB 2004)

1. THE COMPLETE 13-DIGIT PURCHASE ORDER, DELIVERY ORDER, OR CONTRACT NUMBER (The Number that starts with W52P1J----) MUST BE ON THE OUTSIDE OF THE SHIPPING CONTAINER. This number must also appear on all packing slips, invoices, bills, or any communications regarding this order.

2. A Packing List must be included with each shipment.

3. Any excess quantity delivered, that is not covered by a Variation in Quantity clause, is subject to rejection.

4. SHIPMENT OR DELIVERY TO ANY ADDRESS OTHER THAN THE “SHIP TO” ADDRESS

DESIGNATED IN THE PURCHASE ORDER/DELIVERY ORDER/CONTRACT (Block 14 of the DD1155, Block 15 of the SF1449, or Block 11 of the SF 26) MAY RESULT IN A DELAY IN PAYMENT.

5. ANY CHANGE IN THE “SHIP TO” ADDRESS MUST BE APPROVED BY A WRITTEN CONTRACT

MODIFICATION FROM THE CONTRACTING OFFICER.

6. Information from FAR clause 52.232-25, Prompt Payment (FEB 2002), Paragraph (a)(5)(i): For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

(End of Provision)

CONFORMANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEM – FOR WORK PERFORMED AT

MCALESTER ARMY AMMUNITION PLANT (OCT 2008)

52.0023-4000 MC

The Contractor shall perform work under this contract consistent with all applicable federal, state, local requirements and with the relevant policy and objectives identified in McAlester Army Ammunition Plant’s (MCAAP’s) environmental management system (EMS) located to http:www.mcaap.army.mil. The Contractor shall perform work in a manner that conforms to all applicable Environmental Management Programs and Operational Controls identified by the MCAAP EMS, and provide monitoring and measurement information as necessary for the organization to address environmental performance relative to MCAAP’s EMS objectives and goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the Contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall respond and take corrective action immediately. In violations caused by Contractor negligence, the Contractor shall reimburse the Government for the amount of that fine and all associated costs. The Contractor shall also provide cleanup of any spills, including oil, that result from the Contractor’s operations and report spills to MCAAP’s Environmental Management Office. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the Environmental Management Office and approved by the Contracting Officer. In addition, the Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the EMS and how these requirements affect their work performed under this contract.

Prior to commencing work, all on-site Contractors shall provide documentation to the Contracting Officer that any required EPA sponsored environmental training specified for the type of work conducted has been obtained. Upon contract award, and during performance of the contract, the Contracting Officer’s Representative will provide or arrange EMS training for appropriate Contractor staff.

(End of Clause)

PROHIBITED WITHIN GENERAL CONFINES OF INSTALLATION (FEB 2004)

52.0045-4001 MC

The following are prohibited within the general confines of the McAlester Army Ammunition Plant at any time:

(a) Firearms/dangerous weapons

(b) Drugs/intoxicants

(c) Binoculars, cameras, camera equipment, cell phones and PDAs with camera capability (unless authorized by the Security Officer)

(d) Matches, lighters or other fire flame or spark producing devices in designated areas

(e) Gas cans/flammable material storage containers (unless approved by MCAAP Fire Department)

(f) Fireworks without the Commander's approval

(g) Smoking in all buildings, when handling flammable and hazardous materials, in railroad cars, trucks and vans, on warehouse docks and platforms, in open storage containing combustibles, within 50 feet of a gasoline refueling storage or drainage area, where posted signs prohibit smoking.

SECURITY REQUIREMENTS – BADGING

52.0045-4002 MC

(a) Any foreign nationals without a green card will not be allowed entrance to the installation. Those individuals with a green card must be escorted within the restricted area at all times

(b) Contractors by virtue of contract award will be given access privileges to McAlester AAP. Contractors/Sub- Contractors are required to provide security at McAlester AAP a letter of introduction for company personnel by providing the following: 1) Name; 2) Physical Address (including city and state); 3) Date of Birth; 4) Place of Birth; and 5) Whether or not they are a U.S. Citizen on company letterhead. Information shall be provided to McAlester AAP, Security Division, Attn: Ms. Traci Howard, McAlester, OK 74501 or faxed to 918-420-7379.

(Applies to contracts that require access to restricted areas)

(c) Each member of the Contractor's work force shall be individually badged at the Security Office in Building 31.

The badge shall be retained and worn by the Contractor's employees throughout the contract period. (Applies to contracts that require access to restricted areas)

(d) Contractor is responsible for the turn-in of all security badges, including sub-contractors badges, daily and upon completion of the contract or termination of individual employees. (Applies to contracts that require access to restricted areas)

(e) Report lost badges to the Security Office and the KO as soon as the loss is discovered. (Applies to contracts that require access to restricted areas)

(f) Be prepared to produce security badges each time entering a security area. Temporary badges for any individual who may have forgotten his/her badge can be obtained from the Security Office. (Applies to contracts that require access in restricted areas).

Security Requirements – Vehicles

52.0045-4003 MC

(1) TRAFFIC ENFORCEMENT: (a) McAlester AAP traffic laws are enforced by the Law Enforcement and Security Division using Oklahoma state codes. All roads/streets have speed limit signs posted; (b) Traffic violations are adjudicated by the U.S. Magistrate located at McAlester AAP.