W56HZV19R0067-0004.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

0004 2019OCT30

W56HZV

U.S. ARMY CONTRACTING COMMAND

WARREN, MICHIGAN 48397-5000

TERRIE D. LEGETTE

EMAIL: TERRIE.D.LEGETTE.CIV@MAIL.MIL

W56HZV-19-R-0067

2019SEP27

X

X

/SIGNED/

2 signed

SEE SECOND PAGE FOR DESCRIPTION

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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: TERRIE D. LEGETTE

Buyer Office Symbol/Telephone Number: CCTA-ASM-A/(586)467-6134

Type of Contract 1: Firm Fixed Price

Kind of Contract: Supply Contracts and Priced Orders

*** End of Narrative A0000 ***

1. The purpose of Amendment 0004 on solicitation W56HZV-19-R-0067 is to capture the correct First Article quantities throughout the solicitation.

2. Revise A.1.1 as follows:

A.1.1 Requirement

ACC-WRN (DTA) is soliciting offers to supply the following:

From:____

Item.............................: M16A4 Rifles

NSN..............................: 1005-01-383-2872

Part Number......................: 12973001

Guaranteed Minimum Quantity (GMQ): 12 each (FAT)

Five-year Maximum Quantity.......: 215,000 each

The GMQ for each contract will be set at 12 each. Delivery orders will be competed in accordance with Fair Opportunity provision of FAR

16.505(b), unless an exception exists in FAR 16.505(b)(2)(i). See Section H.1 -- Ordering for Multiple Awards -- for details regarding the delivery order request and award process.

TO:__

Item.............................: M16A4 Rifles

NSN..............................: 1005-01-383-2872

Part Number......................: 12973001

Guaranteed Minimum Quantity (GMQ): CLIN 0061 - FIRST ARTICLE

Five-year Maximum Quantity.......: 215,024 each

The GMQ for each contract represents CLIN 0061. Delivery orders will be competed in accordance with Fair Opportunity provision of FAR

16.505(b), unless an exception exists in FAR 16.505(b)(2)(i). See Section H.1 -- Ordering for Multiple Awards -- for details regarding the delivery order request and award process.

3. Revise Section B Narrative as follows:

FROM____

MINIMUM GUARANTEED 5-YEAR QUANTITY: 12 EACH TOTAL (UP TO TWO AWARDS MAY RESULT FROM THIS SOLICITATION. FOR EACH RESULTING CONTRACT, THE

GOVERNMENT WILL ORDER THE MINIMUM QUANTITY OF 12 EACH AT THE TIME OF THE BASE CONTRACT AWARD. THIS NUMBER REPRESENTS THE QUANTITY

TO__

MINIMUM GUARANTEED 5-YEAR QUANTITY: THE MINIMUM GUARANTEED 5-YEAR QUANTITY IS REPRESENTATIVE OF CLIN 0061. UP TO TWO AWARDS MAY RESULT

FROM THIS SOLICITATION. FOR EACH RESULTING CONTRACT, THE GOVERNMENT WILL ORDER THE MINIMUM QUANTITY THAT IS REPRESENTATIVE OF CLIN 0061

AT THE TIME OF THE BASE CONTRACT AWARD.

4. Revise Clause F-13 52.211-8, TIME OF DELIVERY, REQUIRED DELIVERY SCHEDULE, From: CLIN 0061 12 ____

To: CLIN 0061 1 __

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W56HZV-19-R-0067

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

5. Revise Clause I-127 52.209-3 FIRST ARTICLE APPROVAL -- CONTRACTOR TESTING (SEP 1989) ALTERNATE

Change (a)

FROM: The Contractor shall test 12 unit(s) of M16A4 Rifle ____

TO: The Contractor shall test quantities of M16A4 Rifle (NSN 1005-01-383-2872) referenced in paragraph C.3.3.4.1 in accordance with __

Technical Data Package List

6. Revise Clause I-128 52.216-19 ORDER LIMITATIONS

Change (a) fill-in

FROM: 12 each, ____

TO: the quantity stated in CLIN 0061, __

7. All other clauses and clause references associated with this solicitation remain unchanged.

*** END OF NARRATIVE A0004 ***

A.1 Executive Summary

This Executive Summary is provided as a synopsis of important and relevant features of this solicitation. If conflict exists between this summary and the provisions of the solicitation, the provisions of the solicitation govern. The buyer is identified on page 1, block

10, of this Standard Form (SF33).

Under the authority of FAR Parts 16.202 and 16.504, Army Contracting Command Warren, MI (ACC-WRN)(DTA) intends to award up to two, fiveyear, firm fixed price, Indefinite Delivery Indefinite Quantity (IDIQ) contracts as a result of this solicitation for the requirement listed below.

A.1.1 Requirement

ACC-WRN (DTA) is soliciting offers to supply the following:

Item.............................: M16A4 Rifles

NSN..............................: 1005-01-383-2872

Part Number......................: 12973001

Guaranteed Minimum Quantity (GMQ): CLIN 0061 - FIRST ARTICLE

Five-year Maximum Quantity.......: 215,024 each

The GMQ for each contract represents CLIN 0061. Delivery orders will be competed in accordance with Fair Opportunity provision of FAR

16.505(b), unless an exception exists in FAR 16.505(b)(2)(i). See Section H.1 -- Ordering for Multiple Awards -- for details regarding the delivery order request and award process.

A.1.2 Unique Aspects of this Solicitation

A.1.2.1 The Government intends to evaluate proposals and award up to two, but not necessarily two, contracts without holding discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial quote shall contain the offeror's best terms from a price standpoint. The Government reserves the right to hold discussions if the Contracting Officer later determines discussions to be necessary.

A.1.2.2 Offeror shall submit prices for each ordering period on the Pricing Spreadsheet attached to this solicitation (Attachment 0003).

A.1.2.3 Offeror shall submit Phosphate Coating Procedures within 90 days after award in accordance with the Phosphate Coating

Requirement located in Section C, paragraph C.3.3.5.1 and Contract Data Requirements List (CDRL) A008 in Section J.

A.1.2.4 First Article Test and Report shall be completed and submitted for approval in accordance with FAR clause 52.209-3 -- First

Article Approval - Contractor Testing, Alternates I AND II.

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A.1.2.5 Offeror's quality system shall be ISO 9001:2015 (tailored: delete paragraph 7.3) or a comparable quality system. See Section E.1

-- Higher-Level Contract Quality System Requirement -- for further explanation.

A.1.2.6 A Non-Disclosure Agreement (NDA) is required to access the Technical Data Package (TDP) located on FedBizOpps. The offeror must sign and return the NDA attached to this solicitation (Attachment 0001) to the buyer listed on page 1, block 10, of this SF33, to gain

TDP access on FedBizOpps.

A.1.2.7 The TDP will only be available via the web link located in Section C of the solicitation. In accordance with a license agreement between Colt's Manufacturing Company LLC and the U.S. Government, these weapons and repair parts may only be manufactured in the U.S.

and its territories, island possessions, and protectorates. Offerors must be registered in the Joint Certification Program (JCP) Export

Control in order to access the TDP and must be certified to have export control TDP access. To register or to re-register please select the DD Form 2345 link on the JCP website https://public.logisticsinformationservice.dla.mil/PublicHome/jcp/ , and send to the

U.S./Canada Joint Certification Office with a copy of the company's State/Provincial License, Incorporation A Certificate, Sales Tax

Identification form, or other documentation which verifies the legitimacy of the company.

A.1.3 Notice Regarding Fill-ins

Please note that this solicitation contains several clauses and provisions which require you to complete a fill-in or representation. If you do not complete these fill-ins, your offer may be determined ineligible for award. Be careful to read and complete each such clause and provision, especially Section K of the solicitation.

A.1.4 Notice Regarding Commercial and Government Entity (CAGE) Codes

Please include your CAGE code in block 15A on page one of this solicitation, along with your name and address. If it will not fit in the space provided in block 15A please insert it here: _____________________________________________________________________.

A.1.5 Required Notification to Subcontractors

If awarded the contract, you should advise all potential suppliers and subcontractors of the DO/DX Rating assigned to orders resulting from your subcontractors. The Rating can be found next to page 1, block 1, of this SF33.

A.1.6 Acknowledgement of Amendments

Please acknowledge any amendments to this solicitation in the space provided in block 14 of this SF 33 or on the line(s) below. Include the number and date of each amendment. Acknowledgement of all amendments received is important because failure to do so may make your offer ineligible for award.

Amendment Number: Date:

A.1.7 Required Copies in Response to this Solicitation

To be considered for award, you must return one signed original of your offer, completed and properly executed, by the time and date shown on page 1, block 9, of this SF33.

A.1.8 Question/Problem Resolution

Routine questions regarding this solicitation should be directed to the buyer identified in page 1, block 10, of this SF33. If you have more serious concerns, please seek resolution with the Contracting Officer. Additional sources of information: ACC-WRN (DTA)

Ombudsperson - http://acc.army.mil/contractingcenters/acc-wrn/CompMgmtOffice.html and HQ-AMC Level Protest Procedures -http://www.amc.army.mil/Connect/Legal-Resources/ .

A.2 Distribution and Destruction of Export Control Technical Data Package

(a) This solicitation and resulting contract contains technical data whose export is restricted by the Arms Export Control Act (Title

22, U.S.C., Sec 2751, et. seq.) or the Export Administration Act of 1979, as amended, Title 50, U.S.C, App. 2401 et. seq. Violations of these export laws are subject to severe criminal penalties. Disseminate in accordance with provisions of DoD Directive 5230.25. This also applies to distribution of the TDP to all SUBCONTRACTORS at every level.

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Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

(b) To be eligible to gain access to this export controlled TDP (via FedBizOpps) an offeror must have a current DD 2345, Militarily

Critical Technical Data Agreement certification on file with the Defense Logistics Information Service (DLIS). To obtain certification, go to http://www.dlis.dla.mil/jcp/ , click on documents, and follow instructions provided. FBO will allow access to export controlled TDPs once certification is confirmed. Upon receipt of certification, an offeror may request the TDP in accordance with the instructions stated in the Section C of the solicitation.

(c) Upon completion of the purposes for which Government Technical Data has been provided, the offeror, and all subcontractors, vendors, and sub-vendors of the offeror, are required to destroy all documents, including all reproductions, duplications, or copies thereof as may have been further distributed.

(d) Destruction of this technical data shall be accomplished by: shredding, pulping, burning, or melting any physical copies of the TDP and/or deletion or removal of downloaded TDP files from computer drives and electronic devices, and any copies of those files.

All non-awardee offerors must sign and return the Certificate of Destruction of Technical Data Requirement attached to this Solicitation

(Attachment 0007) to the buyer listed on page 1, block 10, of this SF33.

A.3 Electronic Contracting

(a) All Army Contracting Command Warren solicitations will be publicized on the Federal Business Opportunities website

(https://www.fbo.gov ). Any additional attachments, including TDPs when available electronically, will be separate attachments or links embedded in the solicitation.

(b) Please pay close attention to the "Issued By" block location on the cover page of the solicitation for closing date and time. The closing date and time is based on the local time of the listed location of the "Issued By" office. In accordance with FAR 15.208(a), offerors are responsible for submitting proposals, and any revisions, and modifications, so as to be received by the Government office designated in the solicitation by the time specified.

(c) Any award issued as a result of this solicitation will be distributed electronically. In the event of a FOIA request for a copy of any award issued as a result of this solicitation, or any subsequent modifications to the contract, the contract and modifications will be released, including the awarded unit price. This is the notice required by Executive Order 12600 (June 23, 1987) of the Governments intention to release unit prices in response to any request under the Freedom of Information Act (FOIA), 5 USC 552. Unit price is defined as the contract price per unit or item purchased as it appears in Section B of the contract and is NOT referring to nor does it include Cost or Pricing data/information. If an Offeror objects to such release in the base contract or contract modifications, the

Offeror must notify the contracting officer in writing prior to the closing date identified in this solicitation and include the rationale for the objection consistent with the provisions of FOIA. A release determination will be made based on rationale given.

*** END OF NARRATIVE A0005 ***

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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

0011 ORDERING PERIOD ONE - M16A4 STANDARD CONFIGURATION EST 35,000 EA $ $ __________________________________________________ ______________ __________________

NSN: 1005-01-383-2872

COMMODITY NAME: M16A4 OP1 STANDARD CONFIGURAT

CLIN CONTRACT TYPE:

Firm Fixed Price

IN THE FOUR DIGIT ITEM NUMBERS (CLINS) THAT FOLLOW,

THE NUMBERING SYSTEM THAT IS USED IS AS FOLLOWS:

THE FIRST THREE DIGITS SIGNIFY THE APPLICABLE

ORDERING PERIOD AND THE FOURTH (LAST) DIGIT

SIGNIFIES THE ITEM, i.e., CLIN 0011 IS FOR THE FIRST

ORDERING PERIOD - FIRST ITEM, CLIN 0012 IS

FOR THE FIRST ORDERING PERIOD - SECOND ITEM, CLIN

0013 IS FOR THE FIRST ORDERING PERIOD - THIRD ITEM,

ETC. THE FIRST THREE DIGITS SIGNIFY ORDERING PERIOD

AND THE FOURTH (LAST) DIGIT SIGNIFIES THE

APPLICABLE ITEM.

THE FOLLOWING DEFINITIONS APPLY TO THE

ENTIRE SOLICITATION AND RESULTING CONTRACT:

FIRST ORDERING PERIOD OF THE CONTRACT IS THE DATE

OF AWARD PLUS 365 DAYS.

SECOND ORDERING PERIOD OF THE CONTRACT IS 366

DAYS THROUGH 730 DAYS AFTER CONTRACT AWARD.

THIRD ORDERING PERIOD OF THE CONTRACT IS 731 DAYS

THROUGH 1,095 DAYS AFTER CONTRACT AWARD.

FOURTH ORDERING PERIOD OF THE CONTRACT IS 1,096

DAYS THROUGH 1,460 DAYS AFTER CONTRACT AWARD.

FIFTH ORDERING PERIOD OF THE CONTRACT IS 1,461

DAYS THROUGH 1,825 DAYS AFTER CONTRACT AWARD.

NOTE: THE PRICE APPLICABLE TO AN INDIVIDUAL ORDER

IS THE PRICE FOR THE ORDERING PERIOD IN WHICH THE

ORDER IS ISSUED. THE DELIVERY DATE DOES NOT

DETERMINE THE ORDERING PERIOD.

THE INFORMATION PRESENTED BELOW APPLIES TO CLINs

0011-0013, 0021-0023, 0031-0033, 0041-0043, THROUGH

0051-0053;

MINIMUM GUARANTEED 5-YEAR QUANTITY: THE MINIMUM

GUARANTEED 5-YEAR QUANTITY IS REPRESENTATIVE OF CLIN

0061. UP TO TWO AWARDS MAY RESULT FROM THIS

SOLICITATION. FOR EACH RESULTING CONTRACT, THE

GOVERNMENT WILL ORDER THE MINIMUM QUANTITY THAT

IS REPRESENTATIVE OF CLIN 0061 AT THE TIME OF THE BASE

CONTRACT AWARD.

CONTRACTOR(S) WILL BE PROVIDED A FAIR OPPORTUNITY

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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

TO COMPETE FOR DELIVERY ORDERS IAW SECTION H.1 -

ORDERING FOR MULTIPLE AWARDS.

MAXIMUM 5-YEAR QUANTITY: 215,024 TOTAL.

(THE TOTAL 5-YEAR MAXIMUM QUANTITY CAN BE

ORDERED PRIOR TO CONTRACT EXPIRATION IF DONE SO

IN ACCORDANCE WITH FAR CLAUSE 52.216-19 -- ORDER

LIMITATIONS -- LOCATED IN SECTION I.)

ONLY THE MINIMUM 5-YEAR QUANTITY IS GUARANTEED.

NOTE: EACH ORDERING PERIOD ESTIMATE,

IS THE CUMULATIVE TOTAL OF A 12 MONTH DEMAND WITH

PROGRAM FACTORS BUILT IN.

CAUTION: OFFERORS MUST SUBMIT OFFERS

IN ACCORDANCE WITH INSTRUCTIONS

LOCATED IN SECTION L.1 -- GENERAL

PROPOSAL INFORMATION, AND

SECTION L.2 -- PROPOSAL SUBMISSION.

ALL OFFERS MUST INCLUDE A SIGNED SF33 COVER SHEET.

(End of narrative A002)

PROGRAM YEAR: 1

Packaging and Marking _____________________

PACKAGING/PACKING/SPECIFICATIONS:

SEE PACKAGING CLAUSE

INTERMEDIATE PACK: 001

LEVEL PRESERVATION: Military

LEVEL PACKING: B

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

0061 FIRST ARTICLE 1 EA $ $ _____________ ______________ __________________

NSN: 1005-01-383-2872

COMMODITY NAME: FIRST ARTICLE UNITS

Contractor shall supply First Article units in the quantities stated in C.3.3.4.1

Contractor shall deliver First Article units IAW

52.211-8 TIME OF DELIVERY and conduct First Article

Test in accordance with Section C.3.3

(End of narrative C003)

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Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

Packaging and Marking _____________________

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

Government Approval/Disapproval Days: 30

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SECTION F - DELIVERIES OR PERFORMANCE

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

F-1 CHANGED 52.211-8 TIME OF DELIVERY JUN/1997

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

REQUIRED DELIVERY SCHEDULE

(1) GOVERNMENT REQUIRED DELIVERY SCHEDULE WITH FIRST ARTICLE TEST (FAT)

ITEM NO. QTY WITHIN DAYS AFTER DATE OF CONTRACT AWARD

CLIN 0061 1 240 after receipt of order

CLIN 0011 | | Every 30 days after receipt of order

CLIN 0012 |up to 4,200| until completion of all delivery order quantities

CLIN 0013 | |

CLIN 0021 | | Every 30 days after receipt of order

CLIN 0022 |up to 4,200| until completion of all delivery order quantities

CLIN 0023 | |

CLIN 0031 | | Every 30 days after receipt of order

CLIN 0032 |up to 4,200| until completion of all delivery order quantities

CLIN 0033 | |

CLIN 0041 | | Every 30 days after receipt of order

CLIN 0042 |up to 4,200| until completion of all delivery order quantities

CLIN 0043 | |

CLIN 0051 | | Every 30 days after receipt of order

CLIN 0052 |up to 4,200| until completion of all delivery order quantities

CLIN 0053 | |

(2) N/A

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

OFFERORS PROPOSED DELIVERY SCHEDULE

(3) OFFEROR'S PROPOSED DELIVERY SCHEDULE WITH FAT

ITEM NO. QUANTITY WITHIN DAYS

AFTER DATE OF

CONTRACT

(4) N/A

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(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the

Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the

Contractors date of receipt of the contract or notice of award by adding

(1) five calendar days for delivery of the award through the ordinary mails, or

(2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term working day excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of Clause)

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SECTION I - CONTRACT CLAUSES

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

I-1 CHANGED 52.209-3 FIRST ARTICLE APPROVAL -- CONTRACTOR TESTING (SEP 1989) -- ALTERNATE JAN/1997

I (JAN 1997)

(a) The Contractor shall test quantities of M16A4 Rifle (NSN 1005-01-383-2872) referenced in paragraph C.3.3.4.1 in accordance with

Technical Data Package List (TDPL)12973001:19200 dated 09/05/2019 and all components and subassemblies within 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. A 100% dimensional inspections of piece parts, and/or subassemblies will be done in accordance with the Statement of Work.

(b) The Contractor shall submit the first article test report within 270 calendar days from the date of this contract to usarmy.RIA.ardec.mbx.rdar-qep2@mail.mil marked "First Article Test Report: Contract No. __________________, Lot/Item No. ______". 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 Contracting Officer may, by written authorization, authorize the Contractor to acquire specific materials or components or to commence production to the extent essential to meet the delivery schedules. Until first article approval is granted, only costs for the first article and costs incurred under this authorization are allocable to this contract for

(1) progress payments, or

(2) termination settlements if the contract is terminated for the convenience of the Government. If first article tests reveal deviations from contract requirements, the Contractor shall, at the location designated by the Government, make the required changes or replace all items produced under this contract at no change in the contract price.

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

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

(End of Clause)

I-2 CHANGED 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 quantity stated in CLIN 0061, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of 50,000 each;

(2) Any order for a combination of items in excess of 50,000 each; or

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

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

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractors intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

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