W56HZV-09-D-0159_P00034.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. Contract ID Code Page Of

2. Amendment/Modification No.

3. Effective Date

4. Requisition/Purchase Req No.

5. Project No. (If applicable)

6. Issued By Code 7. Administered By (If other than Item 6) Code

8. Name And Address Of Contractor (No., Street, City, County, State and Zip Code)

9A. Amendment Of Solicitation No.

9B. Dated (See Item 11)

10A. Modification Of Contract/Order No.

10B. Dated (See Item 13) Code Facility Code

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing items 8 and 15, and returning ____________ copies of the amendments: (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. Accounting And Appropriation Data (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATIONS OF CONTRACTS/ORDERS

It Modifies The Contract/Order No. As Described In Item 14.

A. This Change Order is Issued Pursuant To: The Changes Set Forth In Item 14 Are Made In

The Contract/Order No. In Item 10A.

B. The Above Numbered Contract/Order Is Modified To Reflect The Administrative Changes (such as changes in paying office, appropriation data, etc.) Set

Forth In Item 14, Pursuant To The Authority of FAR 43.103(b).

C. This Supplemental Agreement Is Entered Into Pursuant To Authority Of:

D. Other (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______________ copies to the Issuing Office.

14. Description Of Amendment/Modification (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. Name And Title Of Signer (Type or print)

16A. Name And Title Of Contracting Officer (Type or print)

15B. Contractor/Offeror 15C. Date Signed 16B. United States Of America 16C. Date Signed

By (Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

PREVIOUS EDITIONS UNUSABLE

30-105-02 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

SEE SCHEDULE

X

Firm Fixed Price

P00034 2014SEP29

W56HZV

U.S. ARMY CONTRACTING COMMAND

WARREN, MICHIGAN 48397-5000

HTTP://CONTRACTING.TACOM.ARMY.MIL

ERIK GORHAM

EMAIL: DOUGLAS.E.GORHAM.CIV@MAIL.MIL

S1403A

DCMA CHICAGO

1523 WEST CENTRAL ROAD

BLDG 203

ARLINGTON HEIGHTS IL 60005-2451

75Q65

OSHKOSH DEFENSE, LLC

2307 OREGON STREET

OSHKOSH, WI 54903-7062

W56HZV-09-D-0159

2009AUG26

NO CHANGE TO OBLIGATION DATA

X MUTUAL AGREEMENT OF THE PARTIES

X

SEE SECOND PAGE FOR DESCRIPTION

/SIGNED/ 2014SEP29

TIMOTHY A. NICHOLS

TIMOTHY.A.NICHOLS1.CIV@MAIL.MIL (586)282-7104

1 39

CONTINUATION SHEET

Reference No. of Document Being Continued Page of

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION A - SUPPLEMENTAL INFORMATION

Buyer Name: ERIK GORHAM

Buyer Office Symbol/Telephone Number: CCTA-HTA-A/(586)282-3528

Type of Contract: Firm Fixed Price

Kind of Contract: System Acquisition Contracts

Type of Business: Large Business Performing in U.S.

Surveillance Criticality Designator: C

Contract Expiration Date: 2015SEP30

*** End of Narrative A0000 ***

MODIFICATION: P00034

1. PURPOSE: The purpose of this bilateral Modification P00034 to Contract W56HZV-09-D-0159 is to extend the Contract expiration date _______ from 30 September 2014 through 30 September 2015 for the Family of Medium Tactical Vehicles. As a result of this contract extension, Ordering Year 06 (OY06) is established beginning 01 October 2014 through 30 September 2015.

a. Section B: The following changes are incorporated into Section B.

1. SLIN 1000BA - Narrative B002 is revised to state the following: ___________

FROM: ____

SUPPLIES OR SERVICES AND PRICES/COSTS:

THE FOLLOWING DEFINITIONS APPLY TO THE ENTIRE CONTRACT:

FIRST ORDERING YEAR OF THE CONTRACT IS THE DATE OF AWARD TO 31 DECEMBER 2009. ___________________

SECOND ORDERING YEAR OF THE CONTRACT IS 1 JANUARY 2010 THROUGH 31 DECEMBER 2010. ____________________

THIRD ORDERING YEAR OF THE CONTRACT IS 1 JANUARY 2011 THROUGH 31 DECEMBER 2011. ___________________

FOURTH ORDERING YEAR OF THE CONTRACT IS 1 JANUARY 2012 THROUGH 31 DECEMBER 2012. ____________________

FIFTH ORDERING YEAR OF THE CONTRACT IS 1 JANUARY 2013 THROUGH 11 MAY 2014. ___________________

TO: __

SUPPLIES OR SERVICES AND PRICES/COSTS:

THE FOLLOWING DEFINITIONS APPLY TO THE ENTIRE CONTRACT:

FIRST ORDERING YEAR OF THE CONTRACT IS THE DATE OF AWARD TO 31 DECEMBER 2009. ___________________

SECOND ORDERING YEAR OF THE CONTRACT IS 1 JANUARY 2010 THROUGH 31 DECEMBER 2010. ____________________

THIRD ORDERING YEAR OF THE CONTRACT IS 1 JANUARY 2011 THROUGH 31 DECEMBER 2011. ___________________

FOURTH ORDERING YEAR OF THE CONTRACT IS 1 JANUARY 2012 THROUGH 31 DECEMBER 2012. ____________________

FIFTH ORDERING YEAR OF THE CONTRACT IS 1 JANUARY 2013 THROUGH 11 MAY 2014. ___________________

SIXTH ORDERING YEAR OF THE CONTRACT IS 01 OCTOBER 2014 THROUGH 30 SEPTEMBER 2015. ___________________

2. SLIN 6011AF - SLIN 6011AF is established as follows: ___________

6TH INCREMENT STS

STS MAN-HOURS

Cost: $83.33

Fee: $ .83

Total: $84.16

2 39

W56HZV-09-D-0159 P00034

OSHKOSH DEFENSE, LLC

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

3. SLIN 6012AF - SLIN 6012AF is established as follows: ___________

6TH INCREMENT CONUS MTR

STS MAN-DAYS

Cost: $991.49

Fee: $ 9.91

Total: $1,001.40

4. SLIN 6022AF - SLIN 6022AF is established as follows: ___________

6TH INCREMENT OCONUS MTR

STS MAN-DAYS

Cost: $784.44

Fee: $ 7.84

Total: $792.28

5. SLIN 6032AF - SLIN 6032AF is established as follows: ___________

6TH INCREMENT OCONUS SWA MTR

STS MAN-DAYS

Cost: $804.48

Fee: $ 8.04

Total: $812.52

6. SLIN 7000BA - SLIN 7000BA is established as follows: ___________

OY 06 PROGRAM MANAGEMENT SUPPORT

PROGRAM SUPPORT COST PER MONTH $48,580.13

7. SLIN 7000BA - The following narrative is established as follows: ___________

SUPPLIES OR SERVICES AND PRICES/COSTS:

THE FOLLOWING DEFINITIONS APPLY TO THE ENTIRE CONTRACT:

FIRST ORDERING YEAR OF THE CONTRACT IS THE DATE OF AWARD TO 31 DECEMBER 2009. ___________________

SECOND ORDERING YEAR OF THE CONTRACT IS 1 JANUARY 2010 THROUGH 31 DECEMBER 2010. ____________________

THIRD ORDERING YEAR OF THE CONTRACT IS 1 JANUARY 2011 THROUGH 31 DECEMBER 2011. ___________________

FOURTH ORDERING YEAR OF THE CONTRACT IS 1 JANUARY 2012 THROUGH 31 DECEMBER 2012. ____________________

FIFTH ORDERING YEAR OF THE CONTRACT IS 1 JANUARY 2013 THROUGH 11 MAY 2014. ___________________

SIXTH ORDERING YEAR OF THE CONTRACT IS 01 OCTOBER 2014 THROUGH 30 SEPTEMBER 2015. ___________________

8. CLIN 7002 - CLIN 7002 is established as follows: _________

OY 06 DATA REQUIREMENTS

NOT SEPARATELY PRICED

9. CLIN 7003 - CLIN 7003 is established as follows: _________

OY 06 OPTIONS

OY 06 OPTION PRICING

a. Paint options to be applied instead of tan to vehicles IAW 8.2.1

Camouflage in lieu of Tan $209.10

Sand in lieu of Tan ($182.04)

3 39

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

Green in lieu of Tan ($134.07)

Sandstone in lieu of Tan (M1085 Only) $385.73

Sandstone in lieu of Tan (M1148 Only) $386.00

b. Overpaint (from tan to camouflage and from camouflage to tan)IAW H.8.2.2

Camouflage to Tan Overpaint $2,498.13

Tan to Camouflage Overpaint $2,707.23

c. Application of Corrosion Prevention Compound (CPC) IAW H.8.3

Corrosion Prevention Compound

Trucks $514.14

Trailers $205.41

d. HIMARS RST Kits and Installation IAW H.8.1.7

Trailers $2,952.14

e. HIMARS RSV Kits and Installation IAW H.8.1.8

Trucks $2,821.90

f. FMTV Winch Installed

11,000 lb. Winch - $12,895.32

15,000 lb. Winch - $13,226.34

10. SLIN 7107AA - SLIN 7107AA is established as follows: ___________

OY 06 PRODUCTION VEHICLES

M1083A1P2 CARGO TRUCK W/O WINCH

NSN: 2320-01-549-8610

The following range quantity pricing is established:

Quantity

FROM TO UNIT PRICE ____ __ __________

1 400 $201,762.78

401 800 $201,073.98

801 1200 $200,661.93

11. SLIN 7111AA - SLIN 7111AA is established as follows: ___________

OY 06 PRODUCTION VEHICLES

M1085A1P2 CARGO TRUCK W/O WINCH

NSN: 2320-01-552-7773

The following range quantity pricing is established:

Quantity

FROM TO UNIT PRICE ____ __ __________

1 250 $204,880.10

251 500 $204,523.40

501 750 $204,190.07

12. SLIN 7117AA - SLIN 7117AA is established as follows: ___________

OY 06 PRODUCTION VEHICLES

M1089A1P2 WRECKER TRUCK

NSN: 2320-01-595-3994

The following range quantity pricing is established:

4 39

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

Quantity

FROM TO UNIT PRICE ____ __ __________

1 50 $466,339.48

51 100 $456,750.40

101 150 $452,938.63

13. SLIN 7160AA - SLIN 7160AA is established as follows: ___________

OY 06 FEDERAL RETAIL EXCISE TAX

FMTV FRET FOR SELECTED OY 06 PRODUCTION VEHICLES SHIPPED CONUS

c. Section G: The following clause is incorporated into Section G:

52.242-4016 COMMUNICATIONS FEB/2013

Communications on technical matters pertaining to the contract shall be direct between the contractor and the Contracting Officer

Representative (COR). Communications for the COR shall be addressed to:

Name: Gary F. Livingston

E-mail: gary.f.livingston.civ@mail.mil

The Administrative Contracting Officer's (ACO) name and email address are also provided:

ACO: Michelle Houtman

E-mail: michelle.houtman@dcma.mil

Please see the appointment letters prepared at time of contract award for functions the Technical Representative and ACO will perform on this contract.

b. Section H: The following changes are incorporated into Section H:

1. Section H.1.1 is revised to state the following:

FROM: ____

H.1.1 Ordering Years (Vehicles): Range unit prices for all variants (See attachment 27) will be established in each ordering __________________________ year. This requirements contract will include five ordering years which are defined as follows:

Ordering Year _____________ Timeframe _________

1 Date of contract award through December 31, 2009

2 January 1 through December 31, 2010

3 January 1 through December 31, 2011

4 January 1 through December 31, 2012

5 January 1 2013 to May 11, 2014.

TO: __

H.1.1 Ordering Years (Vehicles): Range unit prices for all variants (See attachments 27 and 32) will be established in each __________________________ ordering year. This requirements contract will include five ordering years which are defined as follows:

Ordering Year _____________ Timeframe _________

1 Date of contract award through December 31, 2009

2 January 1 through December 31, 2010

3 January 1 through December 31, 2011

4 January 1 through December 31, 2012

5 January 1, 2013 through May 11, 2014

6 October 01, 2014 through September 30, 2015

2. Section H.1.2 is revised to state the following:

FROM: ____

H.1.2 Program Support/Management. Funding that is applied to this contract for Program Support, will be added at time of the ___________________________

5 39

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

First Delivery Order and at the start of each Ordering Year (e.g. 2010-2013) and may also be extended until 31 Dec 2014 dependent on required vehicle delivery. Payments will be made on a monthly basis.

TO: __

H.1.2 Program Support/Management. Funding that is applied to this contract for Program Support, will be added at time of the ___________________________

First Delivery Order and at the start of each Ordering Year (e.g. 2010-2013) and may also be extended until 31 Dec 2015 dependent on required vehicle delivery. Payments will be made on a monthly basis.

3. Section H.2 is revised to state the following:

FROM: ____

H.2 Establishing Vehicle Unit Prices: The Government will establish the fixed unit prices for each variant based on the date of __________________________________

Delivery Order award and not the date of delivery for the vehicle. The delivery date may extend to 31 Dec 2014. The firm fixed unit price will be based on the quantity of each particular model in a delivery order issued in a specific ordering year. For example, if the Government issues a Delivery Order in February 2010 for 2,000 each M1083 5 ton cargoes and 50 each M1089 Wreckers then the fixed unit price for those vehicles will be from the appropriate quantity range in Ordering Year 2.

TO: __

H.2 Establishing Vehicle Unit Prices: The Government will establish the fixed unit prices for each variant based on the date of __________________________________

Delivery Order award and not the date of delivery for the vehicle. The delivery date may extend to 31 Dec 2015. The firm fixed unit price will be based on the quantity of each particular model in a delivery order issued in a specific ordering year. For example, if the Government issues a Delivery Order in February 2010 for 2,000 each M1083 5 ton cargoes and 50 each M1089 Wreckers then the fixed unit price for those vehicles will be from the appropriate quantity range in Ordering Year 2.

4. Section H.8.1.4 is revised to state the following:

FROM: ____

H.8.1.4 System Technical Support (STS) & Maintenance Technical Representative (MTR) (H.8.5)

First STS Increment 300,000 manhours

First Increment MTR OCONUS/SWA 5,000 mandays

First Increment MTR - CONUS 3,120 mandays

Second STS Increment 300,000 manhours

Second Increment MTR OCONUS/SWA 5,000 mandays

Second Increment MTR - CONUS 3,120 mandays

Third STS Increment 300,000 manhours

Third Increment MTR OCONUS/SWA 5,000 mandays

Third Increment MTR - CONUS 3,120 mandays

Fourth STS Increment 300,000 manhours

Fourth Increment MTR OCONUS/SWA 5,000 mandays

Fourth Increment MTR - CONUS 3,120 mandays

Fifth STS Increment 300,000 manhours

Fifth Increment MTR OCONUS/SWA 5,000 mandays

Fifth Increment MTR - CONUS 3,120 mandays

NOTE: See Attachment 27 for pricing details, quantities and time limitations. Option quantities for supplies (kits, paint, CPC) shall not exceed one per vehicle bought. All option requirements will be tracked via a contract attachment which will be added upon contract award.

TO: __

H.8.1.4 System Technical Support (STS) & Maintenance Technical Representative (MTR) (H.8.5)

First STS Increment 300,000 manhours

First Increment MTR OCONUS/SWA 5,000 mandays

First Increment MTR - CONUS 3,120 mandays

6 39

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

Second STS Increment 300,000 manhours

Second Increment MTR OCONUS/SWA 5,000 mandays

Second Increment MTR - CONUS 3,120 mandays

Third STS Increment 300,000 manhours

Third Increment MTR OCONUS/SWA 5,000 mandays

Third Increment MTR - CONUS 3,120 mandays

Fourth STS Increment 300,000 manhours

Fourth Increment MTR OCONUS/SWA 5,000 mandays

Fourth Increment MTR - CONUS 3,120 mandays

Fifth STS Increment 300,000 manhours

Fifth Increment MTR OCONUS/SWA 5,000 mandays

Fifth Increment MTR - CONUS 3,120 mandays

Sixth STS Increment 50,000 manhours

Sixth Increment MTR - OCONUS 525 mandays

Sixth Increment MTR - CONUS 100 mandays

Sixth Increment MTR - SWA 700 mandays

NOTE: See Attachments 27 and 32 for pricing details, quantities and time limitations. Option quantities for supplies (kits, paint, CPC) shall not exceed one per vehicle bought. All option requirements will be tracked via a contract attachment which will be added upon contract award.

5. Section H.8.1.4.1 is added to state the following:

H.8.1.4.1 In accordance with FAR 16.306(d), work directives (WD) shall be awarded on a Cost Plus Fixed Fee (CPFF) completion basis, when possible. A completion basis describes the scope of work by stating a definite goal or target and specifying an end product and requires the contractor to complete and deliver the specified end product (e.g., a final report of research accomplishing the goal or target) within the estimated cost, if possible, as a condition for payment of the entire fixed fee. However, in the event the work cannot be completed within the estimated cost, the Government may require more effort without increase in fee, provided the Government increases the estimated cost. If a completion form cannot be defined or there is no end product, a term form work directive shall be awarded. The 'term' form describes the scope of work in general terms and obligates the contractor to devote a specified level of effort

(LOE) for a stated time period. Under this form, if the performance is considered satisfactory by the Government, the fixed fee is payable at the expiration of the agreed-upon period, upon contractor statement that the level of effort specified in the contract has been expended in performing the contract work. The Estimated Cost, Fixed Fee and Total CPFF for each CLIN shall be based on the cumulative pricing of WDs under each CLIN. Prior to award, the contractor shall submit a basis of estimate (BOE) for each WD of the estimated cost for the Government to evaluate prior to award. The estimated cost for each WD shall consist of: 1) Base Labor Hours; 2)

Base Material; and 3) Base Other Direct Costs (ODCs). Pricing of each WD shall be determined using a Government technical review of the contractors proposal for quantity of hours, labor mix, and fixed fee. The estimated cost and fixed fee is based on the contractor completing the total Base Hours, Base Material and Base Other Direct Costs (ODCs) applicable to each Work Directive (WD) identified under each CLIN for the specified Period of Performance (POP).

H.8.1.4.2 The contractor is not authorized to begin work on any WD until the Government Procuring Contracting Officer (PCO) executes a contract modification or provides written approval of a WD.

6. Section H.8.4.6 is revised to state the following:

FROM: ____

H.8.4.6 Option for Continued Care and Storage Prior to Shipment. The Government reserves the right to exercise options _______________________________________________________ requiring the Contractor to perform Vehicle Care and Storage services as delineated in the Contractor's Storage Exercise and Maintenance

Plan after all other care and storage services required by the contract (see paragraphs E.14) have been exhausted for a particular vehicle.

TO: __

H.8.4.6 Option for Sixth STS Increment ______________________________

H.8.4.6.1 Option for Sixth Increment of STS Manhours. The Government reserves the right to exercise an option to add a sixth __________________________________________ increment of STS level of effort by up to 50,000 manhours. The Contracting Officer has the right to exercise this option, by a unilateral contract modification within 72 months after contract award. This option may be exercised in more than one increment but the total manhours added to the contract by this option shall not exceed 50,000 manhours.

7 39

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

H.8.4.6.2 Option for Sixth Increment MTR - OCONUS. The Government reserves the right to exercise an option to add a sixth ________________________________________ increment of OCONUS MTR level of effort by up to 525 mandays and OCONUS SWA MTR by up to 700 mandays. The Contracting Officer has the right to exercise this option by a unilateral contract modification within 72 months after contract award. This option may be exercised in more than one increment but the total mandays added to the contract by this option shall not exceed 525 mandays for OCONUS MTR support and 700 mandays for OCONUS SWA MTR support. The location for this option may be either 1. Southwest Asia (SWA) or 2. other than

SWA. When used in this RFP, SWA consists of Kuwait, Iraq & Afghanistan. The manday rate for OCONUS SWA includes only labor. The remaining Other Direct Costs (ODCs) will be submitted by the contractor and negotiated between the parties under the corresponding Work

Directive and added via a contract modification.

H.8.4.6.3 Option for Sixth Increment MTR - CONUS. The Government reserves the right to exercise an option to add a sixth _______________________________________ increment of CONUS MTR level of effort by up to 100 mandays. The Contracting Officer has the right to exercise this option by a unilateral contract modification within 72 months after contract award. This option may be exercised in more than one increment but the total mandays added to the contract by this option shall not exceed 100 mandays.

7. Section H.8.4.7 is added to state the following:

H.8.4.7 Option for Continued Care and Storage Prior to Shipment. The Government reserves the right to exercise options _______________________________________________________ requiring the Contractor to perform Vehicle Care and Storage services as delineated in the Contractor's Storage Exercise and Maintenance

Plan after all other care and storage services required by the contract (see paragraphs E.14) have been exhausted for a particular vehicle.

c. Section J: The following attachments are hereby updated. The dates of each attachment are revised to match the date of this award.

a. Attachment 0027 - SLIN Prices

b. Attachment 0032 - Vehicle Unit Prices

2. As a result of Modification P00034, the total contract funding remains unchanged.

3. Except as provided by this Modification P00034, all terms and conditions of this contract remain unchanged, in full force and effect.

*** END OF NARRATIVE A0043 ***

8 39

PIIN/SIIN

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

1000 FMTV KTR PROG MGMT

SUPPLIES OR SERVICES AND PRICES/COSTS:

THE FOLLOWING DEFINITIONS APPLY TO THE ENTIRE

CONTRACT:

FIRST ORDERING YEAR OF THE CONTRACT IS THE DATE OF___________________

AWARD TO 31 DECEMBER 2009.

SECOND ORDERING YEAR OF THE CONTRACT IS 1 JANUARY____________________

2010 THROUGH 31 DECEMBER 2010.

THIRD ORDERING YEAR OF THE CONTRACT IS 1 JANUARY___________________

2011 THROUGH 31 DECEMBER 2011.

FOURTH ORDERING YEAR OF THE CONTRACT IS 1 JANUARY____________________

2012 THROUGH 31 DECEMBER 2012.

FIFTH ORDERING YEAR OF THE CONTRACT IS 1 JANUARY___________________

2013 THROUGH 11 MAY 2014.

SIXTH ORDERING YEAR OF THE CONTRACT IS 01 OCTOBER___________________

2014 THROUGH 30 SEPTEMBER 2015.

(End of narrative B002)

1000BA OY 01 PROGRAM SUPPORT _____________________

SERVICE REQUESTED: FMTV KTR PROG MGMT

CLIN CONTRACT TYPE:

Firm Fixed Price

PSC: 2320

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

9 39

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

6011 STS MAN-HOURS

6011AF 6TH INCREMENT STS EST 50000 LO Estimated _________________

Cost $ 0.00 __________________

Fixed Fee $ 0.00 __________________

Not to Exceed

(Funding) $ 0.00 __________________

SERVICE REQUESTED: STS MAN-HOURS

CLIN CONTRACT TYPE:

Cost Plus Fixed Fee

PSC: 2320

Sixth Increment STS Option Work Directive hours as required by C.3, in accordance with H.8. The composite STS hourly rate is based on a labor mix of

60% Engineering, 20% Logistics and 20% Configuration

MGMT.

SLIN Totals

Hours:

Cost: $83.33

Fee: $ .83

Total: $84.16

(End of narrative B001)

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

10 39

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

6012 FMTV CONUS MTRS

6012AF 6TH INCREMENT CONUS MTR EST 100 LO Estimated _______________________

Cost $ 0.00 __________________

Fixed Fee $ 0.00 __________________

Not to Exceed

(Funding) $ 0.00 __________________

SERVICE REQUESTED: FMTV CONUS MTRS

CLIN CONTRACT TYPE:

Cost Plus Fixed Fee

PSC: 2320

Sixth Increment CONUS Maintenance Technical

Representative Man Days as required by C.3, in accordance with H.8.

SLIN Totals

Man Days:

Cost: $991.49

Fee: $ 9.91

Total: $1,001.40

(End of narrative B001)

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

11 39

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

6022 FMTV OCONUS MTRS

6022AF 6TH INCREMENT OCONUS MTR EST 525 LO Estimated ________________________

Cost $ 0.00 __________________

Fixed Fee $ 0.00 __________________

Not to Exceed

(Funding) $ 0.00 __________________

SERVICE REQUESTED: FMTV OCONUS MTRS

CLIN CONTRACT TYPE:

Cost Plus Fixed Fee

PSC: 2320

Sixth Increment OCONUS Maintenance Technical

Representative Man Days as required by C.3, in accordance with H.8.

SLIN Totals

Man Days:

Cost: $784.44

Fee: $ 7.84

Total: $792.28

(End of narrative B001)

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

12 39

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

6032 FMTV OCONUS SWA MTRS

6032AF 6TH INCREMENT OCONUS SWA MTR EST 700 LO Estimated ____________________________

Cost $ 0.00 __________________

Fixed Fee $ 0.00 __________________

Not to Exceed

(Funding) $ 0.00 __________________

SERVICE REQUESTED: FMTV OCONUS SWA MTRS

CLIN CONTRACT TYPE:

Cost Plus Fixed Fee

PSC: 2320

Sixth Increment OCONUS Southwest Asia Maintenance

Technical Representative Man Days as required by C.3, in accordance with H.8.

SLIN Totals

Man Days:

Cost: $804.48

Fee: $ 8.04

Total: $812.52

(End of narrative B001)

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

13 39

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

7000 FMTV KTR PROG MGMT

SUPPLIES OR SERVICES AND PRICES/COSTS:

THE FOLLOWING DEFINITIONS APPLY TO THE ENTIRE

CONTRACT:

FIRST ORDERING YEAR OF THE CONTRACT IS THE DATE OF___________________

AWARD TO 31 DECEMBER 2009.

SECOND ORDERING YEAR OF THE CONTRACT IS 1 JANUARY____________________

2010 THROUGH 31 DECEMBER 2010.

THIRD ORDERING YEAR OF THE CONTRACT IS 1 JANUARY 2011___________________

THROUGH 31 DECEMBER 2012.

FOURTH ORDERING YEAR OF THE CONTRACT IS 1 JANUARY____________________

2012 THROUGH 31 DECEMBER 2013.

FIFTH ORDERING YEAR OF THE CONTRACT IS 1 JANUARY 2013___________________

THROUGH 11 MAY 2014.

SIXTH ORDERING YEAR OF THE CONTRACT IS 01 OCTOBER___________________

2014 THROUGH 30 SEPTEMBER 2015.

(End of narrative B002)

7000BA OY 06 PROGRAM SUPPORT _____________________

SERVICE REQUESTED: FMTV KTR PROG MGMT

CLIN CONTRACT TYPE:

Firm Fixed Price

PSC: 2320

The contractor shall perform all of the Program

Support requirements for the Sixth Ordering Year as required in Section C.2

Program Support cost per month $__48,580.13__ _________

(End of narrative B001)

Inspection and Acceptance _________________________

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7002 OY 06 DATA REQUIREMENTS _______________________

COMMODITY NAME: 06 DATA REQUIREMENTS

PSC: 2320

CLIN CONTRACT TYPE:

Firm Fixed Price

The Contractor shall submit all Technical Data for

Ordering Year 06 as set forth in Exhibit A, "Contract

Data Requirements List (CDRL)."

This requirement is not separately priced.

Deliveries or Performance_________________________

DOC SUPPL

DEL REL CD QUANTITY DEL DATE__________ _________ ________

001 1 See DD FORM 1423

FOB POINT: Destination

(End of narrative B005)

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FOB POINT: Destination

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7003 NON-VEHICLE PRICES __________________

SERVICE REQUESTED: OY 06 OPTIONS

PSC: 2320

CLIN CONTRACT TYPE:

Firm Fixed Price

The Contractor's prices for Ordering Year 6 options for this contract are contained in Attachment 032.

The attachment contains options for the following:

a. Paint (i.e. camouflage, sand and green) options to be applied instead of tan to vehicles IAW

H.8.2.1.

Camouflage in lieu of Tan $209.10

Sand in lieu of Tan ($182.04)

Green in lieu of Tan ($134.07)

Sandstone in lieu of Tan (M1085 Only) $385.73

Sandstone in lieu of Tan (M1148 Only) $386.00

b. Overpaint (from tan to camouflage and from camouflage to tan) IAW H.8.2.2.

Camouflage to Tan Overpaint $2,498.13

Tan to Camouflage Overpaint $2,707.23

c. Application of Corrosion Prevention Compound

(CPC) IAW H.8.3.

Corrosion Prevention Compound

Trucks $514.14

Trailers $205.41

d. HIMARS RST Kits and Installation IAW H.8.1.7

Trailers $2,952.14

e. HIMARS RSV Kits and Installation IAW H.8.1.8

Trucks $2,821.90

f. FMTV Winches Installed

11,000 lb. Winch - $12,895.32

15,000 lb. Winch - $13,226.34

(End of narrative B001)

Inspection and Acceptance _________________________

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7107 M1083 A1P2 CARGO TRUCK

7107AA OY 06 PRODUCTION VEHICLES See Range Pricing _________________________

COMMODITY NAME: M1083 A1P2 CARGO TRUCK

CLIN CONTRACT TYPE:

Firm Fixed Price

PSC: 2320

Range Quantities ________________

FROM TO UNIT PRICE ____ __ __________

1 400 $201,762.78

401 800 $201,073.98

801 1200 $200,661.93

M1083A1P2, MTV 5 Ton Cargo Truck, w/o Winch, Tan, as required by Section C.1.2.

NSN: 2320-01-549-8610

(End of narrative B001)

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7111 M1085 A1P2 LWB CARGO

7111AA OY 06 PRODUCTION VEHICLES See Range Pricing _________________________

COMMODITY NAME: M1085 A1P2 LWB CARGO

CLIN CONTRACT TYPE:

Firm Fixed Price

PSC: 2320

Range Quantities ________________

FROM TO UNIT PRICE ____ __ __________

1 250 $204,880.10

251 500 $204,523.40

501 750 $204,190.07

M1085A1P2, MTV 5 Ton LWB Cargo Truck, w/o Winch, Tan, as required by Section C.1.2.

NSN: 2320-01-552-7773

(End of narrative B001)

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7117 M1089 A1P2 WRECKER TRUCK

7117AA OY 06 PRODUCTION VEHICLES See Range Pricing _________________________

COMMODITY NAME: M1089 A1P2 WRECKER TRUCK

CLIN CONTRACT TYPE:

Firm Fixed Price

PSC: 2320

Range Quantities ________________

FROM TO UNIT PRICE ____ __ __________

1 50 $466,339.48

51 100 $456,750.40

101 150 $452,938.63

M1089A1P2, MTV 5 Ton Wrecker, Tan, as required by

Section C.1.2.

NSN: 2320-01-595-3994

(End of narrative B001)

Packaging and Marking _____________________

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7160 OY 06 FMTV FRET

7160AA OY 06 FEDERAL RETAIL EXCISE TAX _______________________________

SERVICE REQUESTED: OY 06 FMTV FRET

CLIN CONTRACT TYPE:

Firm Fixed Price

PSC: 2320

Federal Retail Excise Tax applicable for selected OY

06 Production Vehicles shipped CONUS.

This is a Cost SLIN for vehicles contained on the following SLINs:

Applicable

FRET

SLIN Per Vehicle QTY Amount_________________________________________

TOTAL $

(End of narrative B001)

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SECTION G - CONTRACT ADMINISTRATION DATA

Status Regulatory Cite Title Date Status Regulatory Cite Title Date _______ _______________ ______________________________________________________________________ ____________ _______ _______________ ______________________________________________________________________ ____________

G-1 CHANGED 52.242-4016 COMMUNICATIONS FEB/2013

Communications on technical matters pertaining to the contract shall be direct between the contractor and the Contracting Officer

Representative (COR). Communications for the COR shall be addressed to:

Name: Gary F. Livingston

E-mail: gary.f.livingston.civ@mail.mil

The Administrative Contracting Officer's (ACO) name and email address are also provided if known at this time:

ACO: Michelle Houtman

E-mail: michelle.houtman@dcma.mil

Please see the appointment letters prepared at time of contract award for functions the Technical Representative and ACO will perform on this contract.

[End of Clause]

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 Ordering Information. The acquisition of FMTV variants under this requirements contract will be executed by issuing Delivery _______________________

Orders. Vehicle configuration options such as paint color, Arctic Kits, application of Corrosion Prevention Compound (CPC), etc will be funded in the original delivery order or may be added at a later date through a modification to the contract. Except as called out in this clause, all FMTV vehicle requirements (within the ordering years referenced below in H.1.1) processed through the TACOM FMTV

Program Management Office shall be purchased under this contract.

Notwithstanding the language contained in the clause entitled Requirements, FAR 52.216-21, subparagraph c of the contract, none of the following are subject to the requirements clause of this contract:

a. Option Requirements (Kits, alternate paint colors, corrosion prevention compound)

b. STS (including MTR support)

c. The Government reserves the right to obligate Fiscal Year 08 and 09 funds to the current vehicles producer until such time as the contractor can pass First Article Test requirements as called out in Section E.2. This clause is to allow for the Government to meets its needs for FMTV during the validation of the winning offeror.

Acquisition of the System Technical Support (STS) effort is an option to this contract. The government will exercise the STS options by executing delivery orders to this requirements contract. The contractor will review the proposed scope of work (SOW) in each draft work directive and then provide the estimated hours and Other Direct Costs (ODC) to complete that effort within 10 business days. Estimated labor hours and ODCs will be funded at the composite hourly rate for each option year.

H.1.1 Ordering Years (Vehicles): Range unit prices for all variants (See attachments 27 and 32) will be established in each ordering __________________________ year. This requirements contract will include six ordering years which are defined as follows:

Ordering Year_____________ Timeframe_________

1 Date of contract award through December 31, 2009

2 January 1 through December 31, 2010

3 January 1 through December 31, 2011

4 January 1 through December 31, 2012

5 January 1, 2013 through May 11, 2014

6 October 01, 2014 through September 30, 2015

H.1.2 Program Support/Management. Funding that is applied to this contract for Program Support, will be added at time of the First ___________________________

Delivery Order and at the start of each Ordering Year (e.g. 2010-2013) and may also be extended until 31 Dec 2015 dependent on required vehicle delivery. Payments will be made on a monthly basis.

H.1.3 FMS Requirements. The U.S. Government may issue delivery orders against this contract to fulfill Foreign Military Sales _________________ commitments undertaken by the U.S. Government on behalf of a foreign country.

H.2 Establishing Vehicle Unit Prices: The Government will establish the fixed unit prices for each variant based on the date of __________________________________

Delivery Order award and not the date of delivery for the vehicle. The delivery date may extend to 31 Dec 2015. The firm fixed unit price will be based on the quantity of each particular model in a delivery order issued in a specific ordering year. For example, if the Government issues a Delivery Order in February 2010 for 2,000 each M1083 5 ton cargoes and 50 each M1089 Wreckers then the fixed unit price for those vehicles will be from the appropriate quantity range in Ordering Year 2.

H.3 Quantity Price Breaks: The quantity price break, if any is proposed by the contractor in a particular ordering year shall be ______________________ cumulative over all Delivery Orders issued during that Order Year. If the Government issues multiple Delivery Orders in the same ordering year, the total number of a particular variant from all Delivery Orders will be utilized to determine the fixed unit price for that variant for the current Delivery Order. For example, if in Delivery Order #3 in Ordering Year 1 the Government awards enough

M1078A1P2 2.5 ton cargoes to reach the highest volume (lowest unit cost) price range, then that unit price will be utilized for those

M1078A1P2 vehicles ordered on that particular Delivery Order. The higher unit prices for M1078A1P2 vehicles issued in Delivery Orders 1 and 2 will not be retroactively adjusted upon award of Delivery Order 3.

H.4 Vehicle Delivery Requirements: Whenever possible, the Government will provide the Contractor thirty (30) business days to review the _______________________________ vehicle quantities by variant for a proposed Delivery Order and to propose a delivery schedule for those vehicles. The notification will be in writing from the Procuring Contracting Officer. In the event that the contractor cannot provide a delivery schedule in that timeframe and the Government needs to make an award, the Government will establish the delivery schedule for those vehicles. Monthly deliveries will not exceed the maximum monthly rate of 825 trucks and 300 trailers and deliveries will not start earlier than 10 months after award. In addition, the contractor establishes the following monthly maximum production rate for these variants:

Variant_______ Maximum Monthly Quantity________________________

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NOTE: See Attachment 25, Maximum Production Rate by Variant

H.5 Warranty ________

H.5.1 Definitions. For purposes of this clause, the following definitions apply: ___________

H.5.1.1 Vehicle/Model. A vehicle includes the entire end item including all parts, all BII and items/components/kits required to be _____________ delivered with it.

H.5.1.2 End Item. An assemblage of supplies that comprise a complete system, i.e. a truck is an end item, a trailer is an end item. ________

H.5.1.3 Defect/Failure. _______________

(1) Any condition or characteristic in the end item that is not in compliance with the requirements of this contract.

(2) Any item, part, assembly, or subassembly on the end item that does not function or operate as it is designed/intended.

H.5.1.4 Systemic Defect. The classification of failures that occurs or may occur with a frequency, pattern, or sameness to _______________ indicate a regularity of occurrence which exceeds the expected failure rate by 100% as set forth in the Provisioning Master Record (PMR) which would justify multiple end item corrective action. The following are examples of, but not limited to, documentation to be used in determining if a failure is systemic:

Equipment Improvement Recommendations

Quality Deficiency Reports

Reports of Discrepancy

Warranty Records

Predicted Failure Rates from the Provisioning Master Record

In-Process Critical/Major Defects/Failures (E.1.6)

H.5.1.5 Correction. The repair or replacement of defective or failed warranted components on the end items delivered under this __________ contract.

H.5.1.6 Redesign. The remedy to correct a failure/defect on warranted items when workmanship, material and manufacturing ________ nonconformance have been eliminated as the cause of the failure or defect. Redesign applies only to systemic defects.

H.5.1.7 Unclassified (Workmanship) Deficiencies. All workmanship deficiencies that have no effect on form fit or function, safety, _________________________________________ interchangeability, life, vehicle performance or jeopardize mission capability but are considered departures from good workmanship.

Examples of such deficiencies may include, but are not limited to, foot and or finger prints, trash or debris left over from the manufacturing process, wraps not trimmed or washers that remain on the floor after assembly.

H.5.2 Warranties __________

H.5.2.1 Hand-Off Warranty. Notwithstanding inspection and acceptance by the Government of the end items and services provided __________________ under the contract or any provision of this contract concerning the conclusiveness thereof, the Contractor hereby warrants that the vehicles conform to the performance and manufacturing requirements specifically delineated in this contract/specification and will conform to the performance requirements defined in ATPD 2131K, Attachment 1. The warranty is the same for both CONUS and OCONUS. Under this warranty, the Contractor shall be liable for the correction of all failures/defects from final acceptance (DD250) of the vehicles up to and including vehicle hand-off to the user (soldier), as evidenced by entry into the user's (soldier's) hand receipt or property book. In the event the Government places vehicles in storage following acceptance and shipment from manufacturers facility prior to hand-off, the warranty shall be extended for the length of time the vehicles are in storage, or for 12 months, whichever comes first. The

Contractor shall provide repair parts. All labor to correct hand-off defects will be performed by the Government or the Governments representative per H.5.5 Government Correction. The Government (each claim) will submit no reimbursable claim for labor under $150.00.

The Contractor shall not be responsible for transportation damage. The Government will use an Hourly labor rate of $31.00.

H.5.2.2 Material and Workmanship Warranty. Notwithstanding inspection and acceptance by the Government of the end items furnished _________________________________ under this contract, or any clause concerning the conclusiveness thereof, the Contractor warrants that the end items will be free from defects in material and workmanship and will conform to the requirements of this contract for the duration of 24 months from the date of

Hand-Off as defined in paragraph H.5.2.1. This warranty covers the complete vehicle, parts and labor, except for accident damage, misuse, alterations, damage due to lack of maintenance or use of fluids/lubricants not recommended, and normal maintenance and scheduled service items such as filters, screens, fluids, windshield wipers, and brake shoes. Additionally, no warranty claims shall be submitted for less than $300.00 total value (labor and government cost of parts). For labor, the Government will use an Hourly labor rate of

$31.00. For Government cost of parts for warranty claim submissions by the Government to Oshkosh, the cost shall be determined by the cost of parts listed in the Federal Logistics (FED LOG) database. The warranty is the same for both CONUS and OCONUS.

H.5.2.3 Pass-Through Warranties. To the extent the Contractors suppliers normally provide a commercial or trade practices warranty, _______________________

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the Contractor shall pass the identical warranty to the Government but only in cases where that supplier's warranty offers coverage exceeding that provided by the Contractor. The Contractor shall provide a list of the warranted parts and assemblies per DI-MGMT-

81453(T), CDRL A083. The pass-through warranty list shall contain the manufacturer's name, part or assembly nomenclature, manufacturer

(vendor or subcontractor) part number, item cost, and the extent (coverage and duration) of the warranty. Actual copies of subcontractor/vendor warranties shall be provided to the Government no later than 180 days after contract award.

The Contractor shall be responsible for administering all pass-through warranties to the terms of the supplier warranty. Pass-through warranties will start at the time specified by the Contractors suppliers. All remedies which the Government may seek as the result of such pass-through warranties will be brought against the Contractor and the Contractor shall administer such remedies in accordance with the supplier warranty terms and conditions.

H.5.2.4 Systemic Defect Warranty. Notwithstanding inspection and acceptance by the Government of the end items furnished under this _________________________ contract or any clause concerning the conclusiveness thereof, the Contractor warrants that end items shall be free of systemic defects/failures during the duration of this warranty. The warranty duration will be from date of first end item shipment to 24 months from date of shipment of last end item shipped from the manufacturers facility. The Contractor shall be responsible for correcting systemic defects on all end items covered under this warranty at the time of defect notification (see H.5.3). If a systemic defect is discovered and workmanship, material or manufacturing non-conformance has been determined as the cause of such defect, the Contractor shall be responsible for developing and implementing a redesign as necessary to correct the defect at no additional cost to the

Government. The Contractor shall be responsible for all costs associated with testing required to validate the proposed redesign, plus all efforts normally associated with an ECP (to include provisioning and manual updates). The Contractor shall incorporate the redesign into the production process and may be required to retrofit all end items covered under the warranty at the time of notification.

Under this warranty, when a systemic defect has been determined to have occurred, the Government may presume that all parts produced under like circumstances are similarly defective and, dependent upon the Government's review of the failure data, may require their correction at no additional cost to the Government. Produced under like circumstance means components grouped by common factors, for example, manufactured date, production lots, etc. delivered under the contract, whether installed on end items or delivered individually.

H.5.2.5 Warranty of Logistics Data. The Contractor shall warrant all Logistics Data that they develop under this contract and/or ___________________________ incorporate into a Logistics data deliverable for a period of 18 months after the date of final acceptance by the Government. The

Logistics Products include the complete Technical Manual Series (Operator, Maintenance, Repair Parts Special Tools Listing (RPSTL), Warranty, and Hand Receipt), as well as Technical Bulletins, Kit Installation Instructions, Provisioning Data and Training Packages. The

Contractor shall assure that all validated procedure changes, that they are responsible for, work as written to accomplish the task. Any non-workable procedures or deficiencies found by the Government, attributable to Contractor, through verification or customer notification, shall be reviewed with and corrected by the Contractor at no additional cost to the Government and incorporated into the next scheduled delivery to the Government, unless the deficiency is a safety issue or required to meet a fielding schedule or Material

Release requirement. In these cases, the deficiency will be corrected and delivered to the Government within 14 calendar days, after notification of deficiencies is provided to the contractor by the Government. Deficiencies do not include errors found as a result of engineering designs which are Government approved configuration changes. Final deficiency correction incorporation will be made by the contractor 30 days prior to the end of the contract. The Government will provide the contractor with a list of the identified deficiencies no later than 60 days prior to the contract end date for incorporation of the final technical manual delivery.

H.5.2.6 Additional Conditions. All parts provided or furnished pursuant to this clause shall be subject to all provisions of this _____________________ clause exactly as though they had been incorporated into the vehicle at the time of acceptance.

H.5.2.7 Exclusions. The warranties set forth in this clause shall not apply to any defect caused by misuse or abuse of the end __________ item, damage incurred during Government transportation, combat damage, normal wear and tear, or by the Government's failure to perform proper maintenance or service on the end item. All implied warranties and warranties of fitness for a particular purpose are excluded from any obligation under this contract.

H.5.2.8 Warranty of Changes to the Government TDP. The Contractor shall assure the ECPs/VECPs/RFDs generated under Program Support __________________________________________

(C.2.1.1) or Configuration Control clause (reference C.3.8.1) of this contract shall contain accurate up-to-date information. At a minimum, the ECPs/VECPs/RFDs shall accurately define the current production configuration, the reason for the proposed change, and the proposed production configuration. Any repercussions based on erroneous or deficient change packages shall be corrected by the

Contractor at no additional cost to the government. This shall include deficient changes to the production hardware as well as the production configuration.