Attachment_0001_-_COMMERCIAL_ADDENDUM.pdf

ADDENDUM TO SOLICITATION NUMBER W52P1J-16-T-3004

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance JUL 2013 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving AUG 2011 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certifications OCT 2015 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-3 Protest after Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.244-6 Subcontracts for Commercial Items OCT 2015 52.246-2 Inspection of Supplies – Fixed-Price AUG 1996 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.225-7001 Buy American And Balance of Payments Program—Basic NOV 2014 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012

CLAUSES INCORPORATED BY FULL TEXT

1. 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.

2. 52.0000-4001Clauses/Solicitation Provisions Incorporated By Reference (APR 2004).

This solicitation incorporates one or more clauses and/or solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses:

http://farsite.hill.af.mil/ ; http://www.arnet.gov/far/ ; http://akss.dau.mil/jsp/default.jsp;

3. 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.

4. 52.0000-4003 Disclosure of Unit Price Information (AUG 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.

5. 52.0000-4004 Hand Delivered Bids, Quotes, or Proposals (AUG 2013)

(a) Should you elect to hand-deliver your bid, quote, or proposal, you must arrive at the Army Contracting Command, Rock Island Contracting Center (ACC-RI) Bid, Quote, and Proposal Receiving Area prior to the time set for receipt of offers AND within staffing hours. If you use a delivery service, it is your responsibility to ensure they are provided these instructions.

(b) The ACC-RI Bid, Quote, and Proposal Receiving Area is located on the Rock Island Arsenal, Rock Island, IL, in the vestibule of the southwest entrance to Building 60 (first floor).

(c) The ACC-RI Bid, Quote, and Proposal Receiving Area is the ONLY area where hand-delivered bids, quotes, or proposals will be accepted.

(d) Staffing hours of the ACC-RI Bid, Quote, and Proposal Receiving Area are 8:00 a.m. to 4:00 p.m. CT, Monday through Friday. No packages will be accepted on Federal Holidays.

(e) The ACC-RI offices are located in a secure building; however, the Bid, Quote, and Proposal Receiving Area is accessible to the public. When you arrive at the Receiving Area, you will need to use a personal phone to contact an ACC-RI point of contact (POC) who will log in your bid, quote, or proposal. Primary POC phone numbers are:

309-782-5729 or 309-782-3218. If there is no answer on either of these numbers, you should call 309-782-6895 to reach an alternate POC. Note, these contact phone numbers are displayed on a table located in the Receiving Area.

(f) In the event this solicitation is an Invitation for Bids, reference FAR 52.214-7, "Late Submissions, Modifications, and Withdrawal of Bids". Conversely, if this solicitation is either a Request for Quotations or Request for Proposals, reference FAR 52.215-1, "Instructions to Offerors - Competitive Acquisitions."

6. 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).

7. 52.0000-4042 INSPECTION AND ACCEPTANCE SITES (JUN 1997)

1. CLIN(S):

0001, 0002, 0003, 0004, 0005, 0006, 0007, 0008

2. Government Procurement Quality Assurance Actions And/Or Inspection Will Be Performed At:

Pine Bluff Arsenal, Pine Bluff, AR.

3. Government Acceptance Will Be Performed At:

Pine Bluff Arsenal, Pine Bluff, AR..

8. 52.0000-4400 PB Pine Bluff Arsenal Working Hours

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, 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.

9. 52.0000-4402 PB Certified Material Test Reports

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 WHICH

RESULTS ARE REQUIRED

ALL SPECIFIED CRITERIA

Suspension Wire, Steel (Carbon) Rope Material Certification, Certificate of Compliance, Wire, Suspension Ring Wire 6”, Certificate of Analysis Suspension Wire 29.125”

10. 52.211-15 Defense Priority and Allocation Requirements (APR 2008).

This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).

11. 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Use Program Use (APR 2008).

Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations

System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

12. 52.216-1 Type of Contract (APR 1984).

The Government contemplates award of a FIRM FIXED PRICE contract resulting from this solicitation.

13. 52.247-34 F.O.B. Destination (NOV 1991).

(a) The term "f.o.b. destination," as used in this clause, means--

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall--

(1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of clause)

14. 52.246-17 Warranty of Supplies of a Noncomplex Nature (JUN 2003)

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

Acceptance means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

Supplies means the end items furnished by the Contractor and related services required under this contract. The word does not include “data”.

(b) Contractor's obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for 3 years after acceptance of material.

(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.

(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor's plant, and return.

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(4) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract.

(c) Remedies available to the Government.

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 45 days after discovery of the defect.

(2) Within a reasonable time after the notice, the Contracting Officer may either--

(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or

(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.

(3) (i) If the contract provides for inspection of supplies by sampling procedures, conformance of suppliers or components subject to warranty action shall be determined by the applicable sampling procedures in the contract.

The Contracting Officer--

(A) May, for sampling purposes, group any supplies delivered under this contract;

(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed;

(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and

(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.

(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options:

(A) Require an equitable adjustment in the contract price for any group of supplies.

(B) Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all nonconforming supplies to the Contractor for correction or replacement.

(C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies.

(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b.

point or the point of acceptance) for screening and correction or replacement.

(4) (i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor--

(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or

(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances 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.

(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonable manner.

The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

15. 252.209-7993 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under any Federal Law – Fiscal Year 2014 Appropriations (Deviation 2014-OO0009) (FEB 2014)

(a) In accordance with sections 8113 and 8114 of the Department of Defense Appropriations Act, 2014, and sections 414 and 415 of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2014 (Public Law 113-76, Divisions C and J), none of the funds made available by those divisions (including Military Construction funds) may be used to enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

16. 252.232-7006 Wide Area Workflow Payment Instructions (MAY 2013)

(a) Definitions. As used in this clause-- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area Workflow

(WAWF).

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

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

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

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

(1) Document type. The Contractor shall use the following document type(s).

Combo Invoice/Receiving Report

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

TRANS OFC MF PROPERTY OFC (W911RP)

RECEIVING SECTION RSI BRANCH

BLDG 23-330

PINE BLUFF ARSENAL

PINE BLUFF, AR 71602-9500

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HQ0303 Issue By DoDAAC W52P1J Admin DoDAAC W52P1J Inspect By DoDAAC W41G26 Ship To Code W41G26 Ship From Code N/A Mark For Code W41G26 Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) N/A Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Contract Specialist: nicholas.j.brown91.civ@mail.mil Procuring Contracting Officer: marianne.whitmer.civ@mail.mil

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

marianne.whitmer.civ@mail.mil

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

17. FAR 52.246-15 Certificate of Compliance (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: _________________________________________

18. 52.246-4536 Supplemental Information For 2-D Bar Coding Verification (JUL 2005)

The following website and guide are provided as reference and to assist in understanding and constructing 2D bar code item identification labels.

a. Web site for government developed bar code software, Joint Munitions Bar Code Labeler (JMBL) is:

http://www.savi.com/downloads/JMBL/index.html

b. An Introductory Guide, The Requirements and Implementation of 2D Bar Codes on Munitions, is available upon request from HQ, JMC, AMSJM-LIS, 309-782-5206.

The guide will give you background information on the what and why of 2D bar codes for exterior shipping containers (boxes, cans, etc.) and unitized (palletized) loads. The website makes available software originally developed for government-owned, government-operated facilities. The software generates MIL-STD-129P compliant ammunition identification labels, and supports specific printers and label stock which conform to the requirements of MIL-PRF-61002A. The website also contains software user's and administrator's guides you may find helpful. The software is now made available to JMC suppliers at no charge, but comes with no warranty or support of any kind.

19. 52.0000-4545 MIL-STD-1916 (OCT 2000)

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.

20. 52.209-3 Alternative I First Article Approval – Contractor Testing (JAN 1997)

(a) The Contractor shall test 10 unit(s) of Lot/Item 0001, 15 unit(s) of Lot/Item 0003, 30 unit(s) of Lot/Item 0005, and 15 unit(s) of Lot/Item 0007, as specified in this contract. At least 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 45 calendar days from the date of this contract to Marianne Whitmer at marianne.whitmer.civ@mail.mil and Kenneth Daniel at kenneth.g.daniel2.civ@mail.mil marked “First Article Test Report: Contract No. W52P1J-16-D-****, Lot/Item No. 0001, 0003, 0005, 0007” 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.

21. 52.246-4528 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, 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.

22. 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than the minimum for CLINs 0001, 0003, 0005, and 0007, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of the maximum for CLINs 0001, 0003, 0005, and 0007;

(2) Any order for a combination of items in excess of the maximum for CLINs 0001, 0003, 0005, and 0007; or

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

CLIN Minimum Order Quantity Maximum Order Quantity 0001 4,000 50,000 0003 4,000 45,000 0005 5,000 35,000 0007 5,000 35,000

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

23. 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

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

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after final delivery of any order issued prior to expiration of the contract.

(End of clause)

24. 252.216-7006 ORDERING (MAY 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from date of contract award through 30 September 2020.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)(1) If issued electronically, the order is considered ``issued'' when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

(End of Clause)

25. Evaluation of Offers.

The Government will evaluate offers based on the Total Evaluated Price from the Copper Washer (155mm) - Price Matrix. The Total Evaluated Price is the sum of the Weighted Evaluation Price from each of the five Ordering Periods.

The Weighted Evaluation Price for each Ordering Period is calculated by multiplying the proposed unit prices for each range by their respective weight and maximum quantity, and then summing their totals. The weight associated with each range represents the likelihood that an order, if placed, would be placed within that range. There are three quantity ranges for each of the five Ordering Periods.

If an offeror fails to propose unit prices for all quantity ranges and ordering periods, the Government may reject that offer as unacceptable.

Price Analysis shall be used to determine price reasonableness. Additional analysis techniques may be used as determined necessary by the procuring contracting officer. These methods of evaluation may include the use of information/input from sources such as (but not limited to) other Government agencies and personnel.

As part of the evaluation, proposals may be reviewed to identify any significant unbalanced pricing found between quantity ranges. In accordance with FAR 15.404-1(g), i.e., Unbalanced Pricing, a proposal may be rejected if the contracting officer determines the lack of balance poses an unacceptable risk to the Government.

26. NOTICE TO TRANSPORTATION CARRIERS

Beginning on 1 March 2016, Pine Bluff Arsenal will no longer receive unscheduled inbound shipments. Scheduling is executed via the Carrier Appointment System (CAS) in Electronic Transportation Acquisition (ETA) tool.

Carriers without access to CAS call (870) 540-3610 or (870) 540-3611 for appointment 24 hours in advance. In order to obtain an appointment, you must provide a BOL (must contain the following: NSNs, DODIC, Nomenclature and HAZCLASS). This includes FAK. Pine Bluff Arsenal Transportation office hours of operation are 7:00 am – 2:30 pm Mon-Thur (except Federal Holidays). Closed for receiving on Fridays.

Carriers that do not register shipments in advance may be turned away.

ETA Registration

New Users. If you do not have an ETA account, follow the instructions below:

1. Go to ETA Home https://eta.sddc.army.mil

2. Select Register for Access-> First Time Registration

3. Select CAS (Carrier Appointment System) in the Freight/Cargo section

4. Select a CAS Role from the drop down on the right-hand side. This should be the same role that was provided in the list sent by the depot.

5. Select the Generate Request Form button at the bottom of the page

6. Enter your information. All required fields contain an asterisk to the left of the field name. Users with a .mil address will be required to register their digital certificate (CAC).

7. After entering information. Select Submit Request.

8. Confirm your email address is correct by selecting OK. A page will be displayed with a Request ID. This will become your ETA User ID upon approval. Your request for access will be reviewed and you will be contacted via email.

9. There will be a time delay while the request is in the queue. The CAS ETA Administrator will approve depot users based on the depot implementation date.

10. Once approved, ETA will send an email with a link to obtain a password. If you are using your CAC to authenticate, you will not need a password.

11. Approved CAS ETA users will access CAS through the ETA Home Page (https://eta.sddc.army.mil) -> Select Freight/Cargo Systems -> Select Carrier Appointment System (CAS)

Existing Users:

1. Go to ETA Home https://eta.sddc.army.mil

2. Select Register for Access-> First Time Registration

3. Select CAS (Carrier Appointment System) in the Freight/Cargo section

4. Select a CAS Role from the drop down on the right-hand side. This should be the same role that was provided in the list sent by the depot.

5. Select the Generate Request Form button at the bottom of the page

6. Enter your information. All required fields contain an asterisk to the left of the field name.

7. After entering information. Select Submit Request.

8. Confirm your email address is correct by selecting OK.

9. There will be a time delay while the request is in the queue. The CAS ETA Administrator will approve depot users based on the depot implementation date.

10. Once approved, ETA will send an email informing you that you are approved and that you may begin using the CAS application.

11. Approved CAS ETA users will access CAS through the ETA Home Page (https://eta.sddc.army.mil) -> Select

Freight/Cargo Systems -> Select Carrier Appointment System (CAS)