W52P1J-16-R-3008_Solicitation.pdf

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until 01:30 PM local time 11 Feb 2016

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46 - 52 X H 53 - 55 lukas.k.darland.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

BLDG 60, 3rd Floor, NW Wing conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

LUKAS K. DARLAND 309-782-0085

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 4 5 - 8

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

9 - 10

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

12 - 18 19 - 21

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 22 - 24 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 25 - 26 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

27 - 34

PART II - CONTRACT CLAUSES

ARMY CONTRACTING COMMAND ROCK ISLAND

CCRC-IS

BLDG 60, 3RD FLOOR

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

11 Jan 2016

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W52P1J-16-R-3008

Section A - Solicitation/Contract Form

EXECUTIVE SUMMARY

1. This Request for Proposal (RFP) W52P1J-16-R-3008, and any resultant award, is to procure the Fiber Ammunition Containers and Spacers and Fuze Collar Protectors for the M18/M83 Grenades. The contract resulting from this Solicitation will consist of five (5) one-year ordering periods, under an Indefinite Delivery/Indefinite Quantity (IDIQ), Delivery Order contract. This procurement is a Small Business Set- Aside and the quantity to be awarded is expected to result in a Firm-Fixed Price contract to one vendor.

Shipments will be F.O.B. Destination to Pine Bluff Arsenal (PBA), Pine Bluff, AR.

2. Price (Volume II) will be considered for award only for those offerors whose Technical proposal (Volume I) is deemed technically acceptable. Please refer to Section L for submission requirements and Section M for evaluation criteria.

Note: The evaluation team may determine that an on-site visit or a capability study of the offeror’s facility (for offerors determined to be in the competitive range, if one is established) may be necessary for clarification purposes to confirm or clarify information in the offeror’s proposal, however offerors are cautioned that the Government intends to award without site visits, if practicable.

3. Offerors shall provide their proposed unit prices for the quantities in the Price Matrix set forth in Attachment 1. Proposed unit prices are limited to two decimal places. The proposed unit prices shall be the prices used by the Government to calculate the total evaluated price. Offerors must propose unit prices for all quantity ranges for all ordering periods identified in the price matrix. Failure to do so may result in the offer being rejected. Please refer to Section L regarding instructions for completing the price matrix and Section M for how the Government will evaluate price for this RFP.

4. National Stock Numbers (NSN) and the Drawing/Part Numbers (P/N) are as follows:

Fiber Container and Spacer:

NSN: 8140011247600

P/N: 13-9-119

Fuze Collar Protector:

NSN: 13-19- 142:81361

P/N: 13-19-142

5. It is anticipated that this action will result in a firm fixed price contract with Most Probable Quantities as follows:

CLIN 0001: Fiber Container With First Article Test (FAT) Ordering Period 1: Date of Award through 31 December 2016: 339,000 EA Ordering Period 2: 01 January 2017 – 31 December 2017: 280,000 EA Ordering Period 3: 01 January 2018 – 31 December 2018: 295,000 EA Ordering Period 4: 01 January 2019 – 31 December 2019: 255,000 EA Ordering Period 5: 01 January 2020 – 31 December 2020: 215,000 EA

CLIN 0002: Fiber Container Without FAT Ordering Period 1: Date of Award through 31 December 2016: 339,000 EA Ordering Period 2: 01 January 2017 – 31 December 2017: 280,000 EA Ordering Period 3: 01 January 2018 – 31 December 2018: 295,000 EA Ordering Period 4: 01 January 2019 – 31 December 2019: 255,000 EA Ordering Period 5: 01 January 2020 – 31 December 2020: 215,000 EA

CLIN 0003: Fuze Collar Protector With FAT

Ordering Period 1: Date of Award through 31 December 2016: 539,000 EA Ordering Period 2: 01 January 2017 – 31 December 2017: 280,000 EA Ordering Period 3: 01 January 2018 – 31 December 2018: 295,000 EA Ordering Period 4: 01 January 2019 – 31 December 2019: 255,000 EA Ordering Period 5: 01 January 2020 – 31 December 2020: 215,000 EA

CLIN 0004: Fuze Collar Protector Without FAT Ordering Period 1: Date of Award through 31 December 2016: 539,000 EA Ordering Period 2: 01 January 2017 – 31 December 2017: 280,000 EA Ordering Period 3: 01 January 2018 – 31 December 2018: 295,000 EA Ordering Period 4: 01 January 2019 – 31 December 2019: 255,000 EA Ordering Period 5: 01 January 2020 – 31 December 2020: 215,000 EA

The above Most Probable Quantities are for planning purposes only and the estimates do not constitute a guarantee that these quantities will be ordered by the Government. The Government is only obligated to award the guaranteed minimum quantity of 339,000 EA Fiber Container and Spacer and 539,000 EA Fuze Collar Protector, to be awarded in conjunction with the basic IDIQ contract award.

The contract Maximum Quantity is 2,339,000 EA for Fiber Containers and Spacers and 2,539,000 EA for

Fuze Collar Protectors.

The range quantities listed on the Price Matrix are provided for the purpose of establishing reasonable quantities against which to provide prices and to allow the Government to purchase quantities that offer the best prices.

6. This solicitation requests prices With and Without First Article Test (FAT) with Inspection and Acceptance to occur by the Government at Origin for Contract Line Items (CLINs) 0001 through 0004. Inspection and acceptance shall be performed by an appointed Defense Contract Management Agency (DCMA) representative.

At time of award ONLY With OR Without FAT CLINs shall be selected for the contract award. This will reduce the number of CLINs from the solicitation to the award from four down to two.

7. Offerors shall take special note of the provision at FAR 52.215-1, Instructions to the Offerors – Competitive Acquisition. The Government intends to award without Discussions with offerors. Initial proposals should contain the offeror’s best terms from a price and technical standpoint. The Government reserves the right to conduct Discussions if determined necessary by the Contracting Officer.

8. The Government reserves the right to conduct a Pre-Award Survey.

9. The Delivery Schedule is set forth in Section F of this RFP. Offerors will propose under the premise that early deliveries are acceptable if at no additional cost to the Government.

10. The Technical Data Package (TDP) is considered Distribution D and is only available when requested via https://www.fbo.gov/notices/8ef630a33b03520a8f3f72bcc8dc30c8. All contractors who provide good/services to the Department of Defense (DoD) shall be registered in the System for Award Management (SAM) database prior to contract award resulting from this solicitation. Vendors may register for SAM at https://www.sam.gov or by calling 866-606-8220. For more information regarding the TDP, please reference clause 52.0000-4502 located in Section C of this solicitation.

11. Only the Army Contracting Command-Rock Island (ACC-RI) in Rock Island, IL is authorized to issue delivery orders under this IDIQ contract.

12. This Executive Summary is provided for administrative assistance only and is not intended to alter the terms and conditions of the solicitation in any manner. Provisions of the solicitation and technical data shall prevail over this Executive Summary.

Note: Contractors may submit proposals/bids/quotes electronically by email if the solicitation is downloaded from FBO, filled out completely, and is signed by an authorized representative, scanned, included as an attachment, and emailed to the address provided in the solicitation. Contractors please note that proposals/bids/quotes will NOT be accepted for this solicitation through the FBO website.

CLAUSES INCORPORATED BY REFERENCE

52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013

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)

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 2,339,000 Each Fiber Container with FAT

FFP

Containers, Fiber, Type 3, Class 1, In Accordance With (IAW):

Drawing 13-9-119 Rev F, dated 30 May 07 MIL-DTL-2439G dated 03 July 2014 Supplementary Quality Assurance Provisions (SQAP) M18/83119a dated 22 Jan

Three (3) each Spacer, IAW Drawing 13-19-143 Rev C, dated 20 Oct 04, fiberboard, solid sheet stock, type SF, class weather resistant grade W6S, 0.060 stock thickness IAW ASTM D4727; shall be inserted in the bottom half of each container and containers shall be shipped fully assembled (top half assembled to bottom). All fiber containers shall be oriented in the same direction in the packing boxes. Palletization is required, no more than three cartons high per pallet.

011247600.

PRICING SHALL BE SUBMITTED ON A SEPARATE PRICING MATRIX.

See Clause 52.216-18 in Section I for additional ordering information.

First Article Test (FAT) shall be conducted in accordance with MIL-C-2439 Table VI for each component. Each item will also be inspected per the following SQAP: Fiber Container and Spacer – SQAP M18/83119a.

The first article shall consist of: 25 Complete Assemblies and 10 each of every component which shall be examined and tested in accordance with contract requirements, the item specifications), Supplemental Quality Assurance Provisions (SQAPS) and all drawings listed in the Technical Data Package.

FOB: Destination

NSN: 8140011247600

MILSTRIP: W41G26426608HC

PURCHASE REQUEST NUMBER: W41G26426608HC

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 2,339,000 Each Fiber Container without FAT

FFP

Containers, Fiber, Type 3, Class 1, In Accordance With (IAW):

Drawing 13-9-119 Rev F, dated 30 May 07 MIL-DTL-2439G dated 03 July 2014 Supplementary Quality Assurance Provisions (SQAP) M18/83119a dated 22 Jan

Three (3) each Spacer, IAW Drawing 13-19-143 Rev C, dated 20 Oct 04, fiberboard, solid sheet stock, type SF, class weather resistant grade W6S, 0.060 stock thickness IAW ASTM D4727; shall be inserted in the bottom half of each container and containers shall be shipped fully assembled (top half assembled to bottom). All fiber containers shall be oriented in the same direction in the packing boxes. Palletization is required, no more than three cartons high per pallet.

011247600.

PRICING SHALL BE SUBMITTED ON A SEPARATE PRICING MATRIX.

See Clause 52.216-18 in Section I for additional ordering information.

PURCHASE REQUEST NUMBER: W41G26426608HH

UNIT UNIT PRICE MAX AMOUNT

0003 2,539,000 Each Collar, Fuze Protector with FAT

FFP

Collar, Fuze Protectors, IAW:

Drawing 13-19-142 Rev E dated 29 Apr 15 MIL-DTL-2439G dated 03 July 2014 SQAP M18/83142a dated 22 Jan 2008

Palletization is required, no more than three cartons high per pallet. 13-19- 142:81361

PRICING SHALL BE SUBMITTED ON A SEPARATE PRICING MATRIX.

See Clause 52.216-18 in Section I for additional ordering information.

First Article Test (FAT) shall be conducted in accordance with MIL-C-2439 Table VI for each component. Each item will also be inspected per the following Supplementary Quality Assurance Provisions (SQAP): Fiber Container and Spacer – Fuze Collar Protector – SQAP M18/83142a.

The first article shall consist of: 25 Complete Assemblies and 10 each of every component which shall be examined and tested in accordance with contract requirements, the item specifications), Supplemental Quality Assurance Provisions (SQAPS) and all drawings listed in the Technical Data Package.

UNIT UNIT PRICE MAX AMOUNT

0004 2,539,000 Each Collar, Fuze Protector without FAT

FFP

Collar, Fuze Protectors, IAW:

Drawing 13-19-142 Rev E dated 29 Apr 15 MIL-DTL-2439G dated 03 July 2014 SQAP M18/83142a dated 22 Jan 2008

Palletization is required, no more than three cartons high per pallet. 13-19- 142:81361

PRICING SHALL BE SUBMITTED ON A SEPARATE PRICING MATRIX.

See Clause 52.216-18 in Section I for additional ordering information.

UNIT UNIT PRICE MAX AMOUNT

0005 UNDEFINED

Contract Data Requirements List

FFP

Data Item No. A001: Test/Inspection Report - First Article/Lot Test Reports

Provide data in according with DD Form 1423 Contract Data Requirements List.

NOTE: This line item is not seperately priced.

Section C - Descriptions and Specifications

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)

52.0000-4502 (ACC-RI)

TECHNICAL DATA PACKAGE INFORMATION, AND DISTRIBUTION AND DESTRUCTION OF

RESTRICTED TECHNICAL DATA

Nov 2012

(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 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.

CLIN: 0001, 0002, 0003, & 0004

TDP Link (URL): https://www.fbo.gov/notices/8ef630a33b03520a8f3f72bcc8dc30c8

(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).

LOT NUMBERING

52.0000-4403 PB

The contractor shall maintain a lot numbering system in accordance with MIL-STD-1168B dtd 10 June 1998. The manufacturer’s identification symbol, unless previously assigned will be provided by United States Army Sustainment Command, AMSAS-QAA, Rock Island, IL 61299.

ADDITIONAL SECTION D CLAUSES

Packaging

All fiber containers shall be oriented in the same direction in the packing boxes. Palletization is required, no more than three cartons high per pallet.

Section E - Inspection and Acceptance

52.0000-4082 WAIVER OF FIRST

ARTICLE APPROVAL (May 1993)

(a) THIS PROCUREMENT IS SUBJECT TO FIRST ARTICLE APPROVAL TESTS. OFFERS ARE INVITED ON THE BASIS OF 'WITH FIRST ARTICLE' AND 'WITHOUT FIRST ARTICLE APPROVAL'. THE

FACT THAT AN OFFEROR HAS PREVIOUSLY FURNISHED THE ITEM DOES NOT NECESSARILY MEAN

THE FIRST ARTICLE WILL BE WAIVED.

(b) The Government reserves the right to waive the requirements for first article approval testing where supplies identical or similar to those called for in the schedule have been previously furnished by the offeror and have been accepted by the Government. To permit proper evaluation in such cases, offerors, who are eligible to have first article approval tests waived, and have so offered, are hereby requested to submit prices on all requirements set forth in Section B so that they will not be precluded from consideration for award in the event that the Government determines that an award requiring first article approval is in the best interest of the Government. If such determination is made, award will be made with First Article Approval.

(c) Award will be made to that responsible offeror whose offer conforming to the solicitation, will be most advantageous to the Government, price and other factors considered.

(d) Offers submitted Without First Article Approval, must state the contract number, if any, under which identical or similar supplies were previously accepted by the Government. (However, see Notice above (paragraph (a).) In the event that an offeror cannot furnish the required information, his offer Without First Article Approval will, (may, in negotiated procurements) not be considered for award.

IDENTICAL OR SIMILAR ITEMS FURNISHED ON:

Contract Nos. __________________________________________________________

DATES __________________________________________________________________

(End of Clause)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Origin Government Origin Government 0002 Origin Government Origin Government 0003 Origin Government Origin Government 0004 Origin Government Origin Government 0005 Origin Government Origin Government

52.246-16 Responsibility For Supplies APR 1984

CERTIFIED MATERIAL TEST REPORTS

52.0000-4402 PB

For those material(s) identified below, a certified test report shall be made available to the Government/DCAS Quality Assurance Representative (QAR). The test results contained on the certified test reports(s) shall be adequate to determine compliance with all applicable requirements of the material specifications(s) listed below. Availability of the certified test reports are in addition to other contract requirements and does not reduce or prejudice the Government’s right to inspect supplies under other provisions of this contract. The test report(s) shall contain the following:

(a) Name and Address of Supplier.

(b) Purchase Order Number.

(c) Identification of material by specification, revision, amendment and dates, together with type, grade, size, etc.

(d) Quantity of material.

(e) Test results identified by reference to the applicable requirements.

(f) Quantity tested, sample size, and specimen type as applicable.

(g) Date, signature, and title of the authorized representative of the Contractor that is attesting to the accuracy of test report content.

PART NO. MATERIAL SPECIFICATION REQUIREMENTS FOR

RESULTS ARE REQUIRED:

Drawing 13-19-142 Rev E Collar MIL-DTL-2439G, SQAP dtd 22 Jan 2008 All Specified Criteria Drawing 13-9-119 Rev F Fiber Container MIL-DTL-2439G, SQAP dtd 22 Jan 2008 All Specified Criteria Drawing 13-19-143 Rev C Spacer ASTM D4727 All Specified Criteria

52.0000-4528 REWORK AND REPAIR OF NONCONFORMING MATERIAL (MAY 1994)

(a) Rework and Repair are defined as follows:

(1) Rework - The reprocessing of nonconforming material to make it conform completely to the drawings, specifications or contract requirements.

(2) Repair - The reprocessing of nonconforming material in accordance with approved written procedures and operations to reduce, but not completely eliminate, the nonconformance. The purpose of repair is to bring nonconforming material into a usable condition. Repair is distinguished from rework in that the item after repair still does not completely conform to all of the applicable drawings, specifications or contract requirements.

(b) Rework procedures along with the associated inspection procedures shall be documented by the Contractor and submitted to the Government Quality Assurance Representative (QAR) for review prior to implementation. Rework procedures are subject to the QAR's disapproval.

(c) Repair procedures shall be documented by the Contractor and submitted on a Request for Deviation/Waiver, DD Form 1694, to the Contracting Officer for review and written approval prior to implementation.

(d) Whenever the Contractor submits a repair or rework procedure for Government review, the submission shall also include a description of the cause for the nonconformances and a description of the action taken or to be taken to prevent recurrence.

(e) The rework or repair procedure shall also contain a provision for reinspection which will take precedence over the Technical Data Package requirements and shall, in addition, provide the Government assurance that the reworked or repaired items have met reprocessing requirements.

(f) Rework and repair is a supply chain flow-down requirement that applies to contractors and their suppliers, vendors or subcontractors.

52.0000-4531 ACCEPTANCE INSPECTION EQUIPMENT (AIE) (MAY 1994)

(a) Acquisition, maintenance, and disposition of inspection equipment shall be in accordance with NCSL Z540.3 or

ISO 10012:2003.

(b) The Contractor shall provide all Acceptance Inspection Equipment (AIE) (except for any equipment listed as available in Section H and/or in Appendix I of this contract) necessary to assure conformance of components and end items to contract requirements. Equipment listed as available shall be furnished by the Government in accordance with the Government Property clause of this contract. Government furnished Acceptance Inspection Equipment shall not be used by the contractor or his subcontractors in lieu of work gages.

(c) All AIE shall be available for use prior to First Article submission, if First Article is required, or prior to initiation of production under this contract.

(d) Contractor furnished AIE shall be made (i) in accordance with the equipment drawings specified in Section C description/specifications section), or (ii) in accordance with any other design, provided that the design documentation is approved by the Government. AIE designs utilized for inspection of characteristics that are classified as Minor require approval by the Government Quality Assurance Representative (QAR). AIE design documentation for inspection of characteristics listed as Critical, Special, or Major shall be submitted to the Government for review and approval in accordance with the Contract Data Requirements List, DD Form 1423.

(e) Resubmission of AIE design documentation for approval on a follow on contract is not required provided inspection characteristic parameters) specified in the current technical data package and the previously approved AIE design documentation remain unchanged. The contractor shall provide the contract number and identify previously approved AIE documentation that meets the above prerequisites.

(f) The Government reserves the right to disapprove at any time during performance of this contract, use of any AIE not meeting the requirements of the approved design documentation.

MIL-STD-1916 (OCT 2000)

52.0000-4545

The Department of Defense (DoD) Preferred Methods for this Acceptance of Product, MIL-STD-1916, shall be used for this procurement action. All references to MIL-STD-105, MIL-STD-414, MIL-STD-1235, and ANSI Z1.4 appearing in the Technical Data Package (TDP) are replaced by MIL-STD-1916. Verification Levels (VL) shall replace AQLs and shall be VL IV for major characteristics and VL II for minor characteristics.

52.209-3 FIRST ARTICLE APPROVAL--CONTRACTOR TESTING (SEP 1989)

(a) The Contractor shall test 25 unit(s) as specified in this contract. At least 14 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 14 weeks from the date of this contract to Lukas.K.Darland.Civ@mail.mil marked "FIRST ARTICLE TEST REPORT: Contract No.W52P1J-16-D-XXXX" Within 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.

52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor's or subcontractor's premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place,promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time (i) when Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract and (ii) when the supplies will be ready for Government inspection.

(2) The Government's request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer;

provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

DESTRUCTIVE TESTING (MAY 1994) (PADDS ES7011) (AFSC)

52.246-4532 LOCAL

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.

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 26 wks. ADC 2,339,000 PINE BLUFF ARSENAL

CENTRAL SHIPPING AND RECEIVING

POINT

(CSRP)

BLDG 53-990, 506TH STREET

PINE BLUFF AR 71602-9500

870-540-3610

W41G26

0002 8 wks. ADC 2,339,000 (SAME AS PREVIOUS LOCATION)

0003 26 wks. ADC 2,539,000 (SAME AS PREVIOUS LOCATION)

0004 8 wks. ADC 2,539,000 (SAME AS PREVIOUS LOCATION)

0005 8 wks. ADC 0 (SAME AS PREVIOUS LOCATION)

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 52.247-48 F.O.B. Destination--Evidence Of Shipment FEB 1999 52.247-58 Loading, Blocking, And Bracing Of Freight Car Shipment APR 1984 52.247-68 Report of Shipment (REPSHIP) FEB 2006 252.247-7023 Transportation of Supplies by Sea APR 2014 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

CLINs 0001 and 0003 For Both Containers (including Spacers) and Collars WITH FAT:

First Article Test (FAT) Report is due 14 weeks after date of contract award (FAT must occur within this timeframe and the Government shall be notified 14 days prior to scheduled FAT date in order to arrange travel to witness the FAT at the contractors facility).

Government approval of FAT Report is due within 30 days after receipt of report.

Production quantity of each item is due 8 weeks after first article test report approval.

Total delivery time with FAT = 26 Weeks After Date of Contract

CLINs 0002 and 0004 For Both Containers (including Spacers) and Collars WITHOUT FAT:

Production quantity of each is due 8 weeks after receipt of order.

*For all CLINs partial shipments are authorized in the amount of 100,000 units per shipment.

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

Within Days

After Date

Item No. Quantity of Contract

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

ADDITIONAL SECTION F CLAUSES

Carriers must make delivery appointment 24 hours in advance by calling 870-540-3610.

Receiving hours at Bldg 23-330 are from 6:30 a.m. until 2:30 p.m. Monday through Thursday. All shipments must be at Dexter Gate (truck gate) on or before 2:30 p.m. unless prior arrangements have been made.

No shipments will be accepted on Friday.

No shipments will be accepted on Government holidays. Government holidays are as follows:

New Years Day, Martin Luther King Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day. If the holiday falls on a Sunday, the holiday will be observed on the following Monday.

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.

(End of Provision)

Section G - Contract Administration Data

52.0000-4591 (Dec 2005) CONTRACTOR PERFORMANCE INFORMATION

The successful offeror/bidder under this solicitation is advised that after contract award its performance under this contract will be subject to an assessment(s) in accordance with FAR 42.15 and AFARS 5142.1503-90. The Department of Defense (DoD) Contractors Performance Assessment Reporting System (CPARS) will be used to maintain the performance report(s) generated on this contract. The rating system to be used in this assessment shall be as follows:

Exceptional (Dark Blue) – Performance meets contractual requirements and exceeds many…