W56HZV22R0153-0001.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

0001 2023JUL24

W56HZV

ACC-DTA

6501 E. 11 MILE RD.

DETROIT ARSENAL, MI 48397-5000

PASQUALE C. LUCCI

EMAIL: PASQUALE.C.LUCCI.CIV@ARMY.MIL

W56HZV-22-R-0153

2023MAY10

X

X 2023AUG07 05:00pm

/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: PASQUALE C. LUCCI

Buyer Office Symbol/Telephone Number: CCTA-APS-C/(586)282-6634

Type of Contract 1: Firm Fixed Price

Kind of Contract: Supply Contracts and Priced Orders

Weapon System: Family of Med. Tac. Veh. (FMTV), 5 ton

*** End of Narrative A0000 ***

1. Amendment 0001 to solicitation W56HZV-22-R-0153.

2. The purpose of this amendment is to add the following clauses and narrative to the solicitation:

52.204-27: Prohibition on a ByteDance Covered Application

52.215-20: Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data

252.215-7010: Requirements for Certified Cost or Pricing Data and Other Than Certified Cost or Pricing Data (JAN 2023) Alternate I

252.215-7009: Proposal Adequacy Checklist

LS7012: Notice of Requirement to Submit Certified Cost or Pricing Data After Price Agreement

3. All other terms and conditions to remain unchanged and in full force and effect.

*** END OF NARRATIVE A0003 ***

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W56HZV-22-R-0153

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION I - CONTRACT CLAUSES

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

I-1 ADDED 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) JUN/2023

(a) Definitions. As used in this clause

Covered application means the social networking service TikTok or any successor application or service developed or provided by

ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government

Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, No

TikTok on Government Devices Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractors employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

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Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

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

L-1 ADDED 252.215-7010 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN JAN/2023

CERTIFIED COST OR PRICING DATA?BASIC (JAN 2023)

L-2 ADDED 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN NOV/2021

CERTIFIED COST OR PRICING DATA

(a) Exceptions from certified cost or pricing data.

(1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following paragraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial product and commercial service exception. For a commercial product and commercial service exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include--

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller.

Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the offerors determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(End of provision)

L-3 ADDED 252.215-7009 PROPOSAL ADEQUACY CHECKLIST (MAR 2023) MAR/2023

252.215-7009 Proposal Adequacy Checklist.

The offeror shall complete the following checklist, providing location of requested information, or an explanation of why the requested information is not provided. In preparation of the offerors checklist, offerors may elect to have their prospective subcontractors use the same or similar checklist as appropriate.

PROPOSAL ADEQUACY CHECKLIST

If not provided

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Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

REFERENCES SUBMISSION PROPOSAL EXPLAIN (may

ITEM PAGE No. use continuation pages)

GENERAL INSTRUCTIONS____________________

1. FAR 15.408, Is there a properly ________

Table 15-2 completed first page of the

Section I proposal per FAR 15.408 Table

Paragraph A 15-2 I.A or as specified in the solicitation?

2. FAR 15.408 Does the proposal identify ________

Table 15-2 the need for Government-

Section I furnished material/tooling/

Paragraph A(7) test equipment? Include the accountable contract number and contracting officer contact information if known.

3. FAR 15.408 Does the proposal identify ________

Table 15-2 and explain notifications of

Section I noncompliance with Cost

Paragraph A(8) Accounting Standards Board or

Cost Accounting Standards

(CAS); any proposal inconsistencies with your disclosed practices or applicable CAS; and inconsistencies with your established estimating and accounting principles and procedures?

4. FAR 15.408 Does the proposal disclose ________

Table 15-2 any other known activity that

Section I could materially impact the

Paragraph C(1) costs? This may include, but

FAR 2.101 is not limited to, such

"Cost or factors as--pricing data" (1) Vendor quotations;

(2) Nonrecurring costs;

(3) Information on changes in production methods and in production or purchasing volume;

(4) Data supporting projections of business prospects and objectives and related operations costs;

(5) Unit-cost trends such as those associated with labor efficiency;

(6) Make-or-buy decisions;

(7) Estimated resources to attain business goals; and

(8) Information on management decisions that could have a significant bearing on costs.

5. FAR 15.408 Is an Index of all certified ________

Table 15-2, cost or pricing data and

Section I information accompanying or

Paragraph B identified in the proposal provided and appropriately

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referenced?

6. FAR 15.403-1(b) Are there any exceptions to ________ submission of certified cost or pricing data pursuant to

FAR 15.403-1(b)? If so, is supporting documentation included in the proposal?

(Note questions 18-20.)

7. FAR 15.408 Does the proposal disclose ________

Table 15-2 the judgmental factors

Section I applied and the mathematical

Paragraph C(2) or other methods used in the

(i) estimate, including those used in projecting from known data?

8. FAR 15.408, Does the proposal disclose ________

Table 15-2, the nature and amount of any

Section I contingencies included in the

Paragraph C(2) proposed price?

(ii)

9. FAR 15.408 Does the proposal explain the ________

Table 15-2, basis of all cost estimating

Section II relationships (labor hours or

Paragraph A or material) proposed on other

B than a discrete basis?

10. FAR 15.408, Is there a summary of total ________

Table 15-2 cost by element of cost and

Section I are the elements of cost

Paragraphs D cross-referenced to the and E supporting cost or pricing data? (Breakdowns for each cost element must be consistent with your cost accounting system, including breakdown by year.)

11. FAR 15.408, If more than one Contract ________

Table 15-2, Line Item Number (CLIN) or

Section I sub Contract Line Item Number

Paragraphs D (sub-CLIN) is proposed as and E required by the RFP, are there summary total amounts covering all line items for each element of cost and is it cross-referenced to the supporting cost or pricing data?

12. FAR 15.408, Does the proposal identify ________

Table 15-2, any incurred costs for work

Section I performed before the

Paragraph F submission of the proposal?

13. FAR 15.408, Is there a Government forward ________

Table 15-2, pricing rate agreement

Section I (FPRA)? If so, the offeror

Paragraph G shall identify the official submittal of such rate and factor data. If not, does the proposal include all rates

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and factors by year that are utilized in the development of the proposal and the basis for those rates and factors?

COST ELEMENTS_____________

MATERIALS AND SERVICES

14. FAR 15.408, Does the proposal include a ________

Table 15-2, consolidated summary of

Section II individual material and

Paragraph A services, frequently referred to as a Consolidated Bill of

Material (CBOM), to include the basis for pricing? The offerors consolidated summary shall include raw materials, parts, components, assemblies, subcontracts and services to be produced or performed by others, identifying as a minimum the item, source, quantity, and price.

SUBCONTRACTS (Purchased materials or services)

15. DFARS Has the offeror identified ________

215.404-3 in the proposal those subcontractor proposals, for which the contracting officer has initiated or may need to request field pricing analysis?

16. FAR 15.404-3(c) Per the thresholds of FAR ________

FAR 52.244-2 15.404-3(c), Subcontract

Pricing Considerations, does the proposal include a copy of the applicable subcontractors certified cost or pricing data?

17. FAR 15.408, Is there a price/cost ________

Table 15-2, analysis establishing the

Note 1; reasonableness of each of

Section II the proposed subcontracts

Paragraph A included with the proposal?

If the offerors price/cost analyses are not provided with the proposal, does the proposal include a matrix identifying dates for receipt of subcontractor proposal, completion of fact finding for purposes of price/cost analysis, and submission of the price/cost analysis?

EXCEPTIONS TO CERTIFIED COST OR PRICING DATA____________________________________________

18. FAR 52.215-20 FAR 2.101, Has the offeror submitted an exception

``commercial product'' or to the submission of certified cost or

``commercial service''. pricing data for commercial products

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proposed either at the prime or subcontractor level, in accordance with provision 52.215-20?.

a. Has the offeror specifically identified the type of commercial product claim (FAR 2.101 ``commercial product'' definition, and the basis on which the commercial product meets the definition?.

b. For modified commercial products (FAR

2.101 ``commercial product'' definition; did the offeror classify the modification(s) as either--.

i. A modification of a type customarily available in the commercial marketplace

(paragraph (3)(i)); or.

ii. A minor modification (paragraph

(3)(ii)) of a type not customarily available in the commercial marketplace made to meet Federal Government requirements not exceeding the thresholds in FAR 15.403-

1(c)(3)(iii)(B)?.

c. For proposed commercial products ``of a type'', or ``evolved'' or modified

(FAR 2.101 ``commercial product'' definition), did the contractor provide a technical description of the differences between the proposed item and the comparison item(s)?.

19. Reserved

20. FAR 15.408, Does the proposal support ________

Table 15-2, the degree of competition

Section II and the basis for

Paragraph A(1) establishing the source and reasonableness of price for each subcontract or purchase order priced on a competitive basis exceeding the threshold for certified cost or pricing data?

INTERORGANIZATIONAL TRANSFERS

21. FAR 15.408, For inter-organizational ________

Table 15-2, transfers proposed at cost, Section II does the proposal include a

Paragraph A(2) complete cost proposal in compliance with Table 15-2?

22. FAR 15.408, For inter-organizational ________

Table 15-2, transfers proposed at price

Section II in accordance with FAR

Paragraph A(1) 31.205-26(e), does the proposal provide an analysis by the prime that supports the exception from certified cost or pricing data in accordance with FAR 15.403-1?

DIRECT LABOR

23. FAR 15.408, Does the proposal include a ________

Table 15-2, time phased (i.e.; monthly, 8 11

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Section II quarterly) breakdown of labor

Paragraph B hours, rates and costs by category or skill level? If labor is the allocation base for indirect costs, the labor cost must be summarized in order that the applicable overhead rate can be applied.

24. FAR 15.408, For labor Basis of Estimates ________

Table 15-2, (BOEs), does the proposal

Section II include labor categories, Paragraph B labor hours, and task descriptions, (e.g.; Statement of Work reference, applicable

CLIN, Work Breakdown Structure, rationale for estimate, applicable history, and time-phasing)?

25. FAR Subpart If covered by the Service ________

22.10 Contract Labor Standards

statute (41 U.S.C. chapter

67), are the rates in the proposal in compliance with the minimum rates specified in the statute?

INDIRECT COSTS______________

26. FAR 15.408, Does the proposal indicate ________

Table 15-2, the basis of estimate for

Section II proposed indirect costs and

Paragraph C how they are applied?

(Support for the indirect rates could consist of cost breakdowns, trends, and budgetary data.)

OTHER COSTS___________

27. FAR 15.408, Does the proposal include ________

Table 15-2, other direct costs and the

Section II basis for pricing? If travel

Paragraph D is included does the proposal include number of trips, number of people, number of days per trip, locations, and rates (e.g. airfare, per diem, hotel, car rental, etc)?

28. FAR 15.408, If royalties exceed $1,500 ________

Table 15-2 does the proposal provide

Section II the information/data

Paragraph E identified by Table 15-2?

29. FAR 15.408, When facilities capital cost ________

Table 15-2, of money is proposed, does

Section II the proposal include

Paragraph F submission of Form CASB-CMF or reference to an FPRA/FPRP and show the calculation of the proposed amount?

FORMATS FOR SUBMISSION OF LINE ITEM SUMMARIES_____________________________________________

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30. FAR 15.408, Are all cost element ________

Table 15-2, breakdowns provided using the

Section III applicable format prescribed in FAR 15.408, Table 15-2 III?

(or alternative format if specified in the request for proposal)

31. FAR 15.408, If the proposal is for a ________

Table 15-2, modification or change order, Section III have cost of work deleted

Paragraph B (credits) and cost of work added (debits) been provided in the format described in

FAR 15.408, Table 15-2.III.B?

32. FAR 15.408, For price revisions/ ________

Table 15-2 redeterminations, does the

Section III proposal follow the format in

Paragraph C FAR 15.408, Table 15-2.III.C?

OTHER_____

33. FAR 16.4 If an incentive contract ________ type, does the proposal include offeror proposed target cost, target profit or fee, share ratio, and, when applicable, minimum/ maximum fee, ceiling price?

34. FAR 16.203-4 If Economic Price Adjustments ________ and FAR 15.408 are being proposed, does the

Table 15-2, proposal show the rationale

Section II, and application for the

Paragraphs A, economic price adjustment?

B, C, and D

35. FAR 52.232-28 If the offeror is proposing ________

Performance-Based Payments did the offeror comply with

FAR 52.232-28?

36. FAR 15.408(n) Excessive Pass-through ________

FAR 52.215-22 Charges-- Identification of

FAR 52.215-23 Subcontract Effort: If the offeror intends to subcontract more than 70% of the total cost of work to be performed, does the proposal identify:

(i) the amount of the offerors indirect costs and profit applicable to the work to be performed by the proposed subcontractor(s);

and (ii) a description of the added value provided by the offeror as related to the work to be performed by the proposed subcontractor(s)?

(End of provision)

L.004 NOTICE OF REQUIREMENT TO SUBMIT CERTIFIED COST OR PRICING DATA AFTER PRICE AGREEMENT

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Name of Offeror or Contractor:

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In accordance with DFARS 252.215-7010, if the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the offeror must submit a Certificate of Current Cost or Pricing Data as soon as practicable after price agreement but before contract award. In order to reduce delays, the Contracting Officer requests the Certificate of Cost or Pricing Data be submitted no later than five (5) business days after price agreement.

*** END OF NARRATIVE L0002 ***

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