DRAFT_RFP_W900KK-17-R-0016_Stryker_MTS.pdf

CODE

(Hour)

PAGE(S)

until local time

X

A X B X C X D

EX

X

G F 77 - 88

89 - 108 X H 109 - 114

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 114

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W900KK 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 21

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

24 - 25 26 - 31

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 32 - 33 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 34 - 39 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

40 - 75

PART II - CONTRACT CLAUSES

ARMY CONTRACTING COMMAND - ORLANDO

ATTN: ALPHA DIVISION

12211 SCIENCE DRIVE

ORLANDO FL 32826-3224

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

28 Jul 2017

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W900KK-17-R-0016

Section A - Solicitation/Contract Form

SUPPLIES SERVICES AND PRICE

This solicitation will result in a single award “C” type Firm Fixed Price Contract with a Cost Plus Fixed Fee SLIN.

The anticipated period of performance is 4 years (48 month). This is a Total Small Business Set Aside under NAICS 333318 (Other Commercial and Service Industry Machinery Manufacturing) with a size standard restriction of 1,000 employees.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Mobile Gun System Trainers

FFP

Produce, deliver and test (5) Mobile Gun System (MGS) Hands On Trainers (HOT’s) IAW PEO-STRI-17-W016 and Specification PRF-PT-684. Each MGS will be delivered to Ft. Lee Virginia.

FOB: Destination

NET AMT

0001AA 1 Each MGS HOT First Production

CPFF

Produce, deliver, and test a Mobile Gun System (MGS) Hands On Trainer (HOT) and provide Instructor/Operator and Maintenance Training IAW PEO- STRI-17-W016 and Specification PRF-PT-684. Deliver to Ft. Lee Virginia.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

0001AB 1 Each OPTION MGS HOT System 2

FFP

Produce, deliver and test a Mobile Gun System (MGS) Hands On Trainer (HOT) IAW PEO-STRI-17-W016 and Specification PRF-PT-684. Deliver to Ft. Lee Virginia.

0001AC 1 Each OPTION MGS HOT System 3

FFP

Produce, deliver and test a Mobile Gun System (MGS) Hands On Trainer (HOT) IAW PEO-STRI-17-W016 and Specification PRF-PT-684. Deliver to Ft. Lee

0001AD 1 Each OPTION MGS HOT System 4

FFP

Produce, deliver and test a Mobile Gun System (MGS) Hands On Trainer (HOT) IAW PEO-STRI-17-W016 and Specification PRF-PT-684. Deliver to Ft. Lee

0001AE 1 Each OPTION MGS HOT System 5

FFP

Produce, deliver and test a Mobile Gun System (MGS) Hands On Trainer (HOT) IAW PEO-STRI-17-W016 and Specification PRF-PT-684. Deliver to Ft. Lee

OPTION Anti-Tank Guided Missile Trainers

FFP

Produce, deliver and test (5) Anti-Tank Guided Missile (ATGM) Hands On Trainer (HOT) IAW PEO-STRI-17-W016 and Specification PRF-PT-684. Each ATGM HOT will be deliver to Ft. Lee Virginia.

0002AA 1 Each OPTION ATGM HOT First Production

FFP

Produce, deliver and test an Anti-Tank Guided Missile (ATGM) Hands On Trainer (HOT) and provide Instructor/Operator and Maintenance Training IAW PEO-

0002AB 1 Each OPTION ATGM HOT System 2

FFP

Produce, deliver and test an Anti-Tank Guided Missile (ATGM) Hands On Trainer (HOT) IAW PEO-STRI-17-W016 and Specification PRF-PT-684. Deliver to Ft.

Lee Virginia.

0002AC 1 Each OPTION ATGM HOT System 3

FFP

Produce, deliver and test an Anti-Tank Guided Missile (ATGM) Hands On Trainer (HOT) IAW PEO-STRI-17-W016 and Specification PRF-PT-684. Deliver to Ft.

0002AD 1 Each OPTION ATGM HOT System 4

FFP

Produce, deliver and test an Anti-Tank Guided Missile (ATGM) Hands On Trainer (HOT) IAW PEO-STRI-17-W016 and Specification PRF-PT-684. Deliver to Ft.

0002AE 1 Each OPTION ATGM HOT System 5

FFP

Produce, deliver and test an Anti-Tank Guided Missile (ATGM) Hands On Trainer (HOT) IAW PEO-STRI-17-W016 and Specification PRF-PT-684. Deliver to Ft.

OPTION Mortar Carrier Trainer

FFP

Produce, deliver and test (5) Mortar Carrier (MC) Hands On Trainer (HOT) IAW PEO-STRI-17-W016 and Specification PRF-PT-684. Each MC device will be delivered to Ft. Lee Virginia.

0003AA 1 Each OPTION MC HOT System 1

FFP

Produce, deliver and test a Mortar Carrier (MC) Hands On Trainer (HOT) and provide Instructor/Operator and Maintenance Training IAW PEO-STRI-17-W016 and Specification PRF-PT-684. Deliver to Ft. Lee Virginia.

0003AB 1 Each OPTION MC HOT System 2

FFP

Produce, deliver and test a Mortar Carrier (MC) Hands On Trainer (HOT) IAW PEO-STRI-17-W016 and Specification PRF-PT-684. Deliver to Ft. Lee Virginia.

0003AC 1 Each OPTION MC HOT System 3

FFP

Produce, deliver and test a Mortar Carrier (MC) Hands On Trainer (HOT) IAW

0003AD 1 Each OPTION MC HOT System 4

FFP

Produce, deliver and test a Mortar Carrier (MC) Hands On Trainer (HOT) IAW

0003AE 1 Each OPTION MC HOT System 5

FFP

Produce, deliver and test a Mortar Carrier (MC) Hands On Trainer (HOT) IAW

0004 1 Each

OPTION PTT C-7

FFP

Produce, deliver and test (1) C-7 Part Task Trainer (PTT) Hands On Trainer (HOT) and provide Instructor/Operator and Maintenance Training IAW PEO-STRI-17- W016 and Specification PRF-PT-684. Deliver to Ft. Lee Virginia.

0005 Lot NSP Technical Data

**Not Separately Priced (NSP)

Deliver all technical data, documentation and publications IAW PEO-STRI-17- W016 and Specification PRF-PT-684.

OPTION HOT Spare Parts

FFP

Deliver approved Spare Parts for the (15) HOT devices IAW PEO-STRI-17-W016 and Specification PRF-PT-684. Deliver to Ft. Lee Virginia.

0006AA 1 Lot Spare Parts MGS First Production

FFP

Deliver an approved MGS Spare Parts package to Ft. Lee Virginia IAW PEO-

0006AB 1 Lot OPTION Spare Parts MGS System 2

FFP

Deliver an approved MGS Spare Parts package to Ft. Lee Virginia IAW PEO-

0006AC 1 Lot OPTION Spare Parts MGS System 3

FFP

Deliver an approved MGS Spare Parts package to Ft. Lee Virginia IAW PEO-

0006AD 1 Lot OPTION Spare Parts MGS System 4

FFP

Deliver an approved MGS Spare Parts package to Ft. Lee Virginia IAW PEO-

0006AE 1 Lot OPTION Spare Parts MGS System 5

FFP

Deliver an approved MGS Spare Parts package to Ft. Lee Virginia IAW PEO-

0006AF 1 Lot OPTION Spare Parts ATGM First Production

FFP

Deliver an approved ATGM Spare Parts package to Ft. Lee Virginia IAW PEO-

0006AG 1 Lot OPTION Spare Parts ATGM System 2

FFP

Deliver an approved ATGM Spare Parts package to Ft. Lee Virginia IAW PEO-

0006AH 1 Lot OPTION Spare Parts ATGM System 3

FFP

Deliver an approved ATGM Spare Parts package to Ft. Lee Virginia IAW PEO-

0006AJ 1 Lot OPTION Spare Parts ATGM System 4

FFP

Deliver an approved ATGM Spare Parts package to Ft. Lee Virginia IAW PEO-

0006AK 1 Lot OPTION Spare Parts ATGM System 5

FFP

Deliver an approved ATGM Spare Parts package to Ft. Lee Virginia IAW PEO-

0006AL 1 Lot OPTION Spare Parts MC First Production

FFP

Deliver an approved MC Spare Parts package to Ft. Lee Virginia IAW PEO-STRI- 17-W016 and Specification PRF-PT-684. Deliver to Ft. Lee Virginia.

0006AM 1 Lot OPTION Spare Parts MC System 2

FFP

Deliver an approved MC Spare Parts package to Ft. Lee Virginia IAW PEO-STRI-

0006AN 1 Lot OPTION Spare Parts MC System 3

FFP

Deliver an approved MC Spare Parts package to Ft. Lee Virginia IAW PEO-STRI-

0006AP 1 Lot OPTION Spare Parts MC System 4

FFP

Deliver an approved MC Spare Parts package to Ft. Lee Virginia IAW PEO-STRI-

0006AQ 1 Lot OPTION Spare Parts MC System 5

FFP

Deliver an approved MC Spare Parts package to Ft. Lee Virginia IAW PEO-STRI-

0007 1 Lot OPTION PTT Spare Parts

FFP

Deliver an approved PTT Spare Parts package to Ft. Lee Virginia IAW PEO-STRI-

0008 12 Months OPTION Contractor on-call support

FFP

Provide on call site support for all fielded items IAW PEO-STRI-17-W016 and Specification PRF-PT-684. Twelve month period of performance. Estimated start date is after completion of CLIN 0001AA

0009 12 Months OPTION Contractor on-call support

FFP

Provide on call site support for all fielded items IAW PEO-STRI-17-W016 and Specification PRF-PT-684. Twelve month period of performance. Estimated start date is after completion on CLIN 0008.

0010 1 Lot NSP OPTION Contractor Manpower Reporting

Contractor Manpower Reporting is only required for the optional Contractor on-call support.

The Contractor Manpower Reporting Application (CMRA) is a business process for collecting information on contracts that provide services to the Department of the Army. The contractor and all subcontractors are required to create an account and input data for all services performed under this contract within CMRA, to include all delivery/task orders issued against this contract. This input is required to be accomplished on a Government fiscal year basis (1st of October though 30th of September). All contractor / subcontractor input will be accomplished between the 1st and the 15th of October of each year for the previous year or upon completion of performance, whichever is earliest. More information can be found within the User Guides tab at https://cmra.army.mil/. Contract number and contractor identity will be treated as proprietary information when they are associated with the direct labor hours and direct labor dollars. At no time will any data be released to the public, with the contractor name and contract number associated with the data.

Cyber Security

FFP

Perform all Cybersecurity analysis, implementation, and documentation efforts IAW PEO-STRI-17-W016 and Specification PRF-PT-684.

0011AA 1 Lot Cybersecurity–MGS Trainer

FFP

Perform all Cybersecurity analysis, implementation, and documentation efforts IAW PEO-STRI-17-W016 and Specification PRF-PT-684 necessary to consolidate the MGS HOT and DTTs into a single accreditation boundary and achieve Stryker MTS Cybersecurity accreditation. Deliver to Ft. Lee Virginia.

0011AB 1 Lot OPTION Cybersecurity-ATGM Trainer

FFP

Perform all Cybersecurity analysis, implementation, and documentation efforts IAW PEO-STRI-17-W016 and Specification PRF-PT-684 necessary to incorporate the ATGM variant into the Stryker MTS accreditation boundary and achieve/maintain Stryker MTS Cybersecurity accreditation. Deliver to Ft. Lee

0012 Lot NSP Contractor Acquired Property (CAP)

Section C - Descriptions and Specifications

DESCRIPTION / WORK STATEMENT

C.1. The Statement of Work (PEO-STRI-17-W016) and the Performance Specification (PRF-PT-684) are contained as Attachment (1) and (2) is Section J.

Section D - Packaging and Marking

SECTION D

D.1 Packaging and Marking Procedures.

Preparation for delivery shall be in accordance with the general requirements of paragraph 5.1 and 7.3 of ASTM- D3951. The minimal packing requirements defined in paragraph 5.4 and table J-IXb, Code L, U and 6, of MIL- STD-2017-1E shall also apply. Materiel shall be protected against physical and mechanical damage, and other forms of degradation during storage, multiple handling, and shipment. Protection for all electrostatic discharge sensitive items requires the use of packaging materials to counteract electrostatic and electromagnetic filed forces.

Marking shall be in accordance with MIL-STD-129R.

D.1.1 Software, Technical Data, and Reports.

The Contractor shall preserve and package required software, technical data and reports delivered under this contract to deter theft and assure safe arrival to the destination without damage to contents. All software, technical data, and reports, shall be identified by the prime contract number, name and address of the prime contractor, and where applicable, the name and address of the subcontractor generating the data.

D.1.2 Spare/repair Parts and Consumables.

Spare and Repair parts and Consumable items scheduled for shipment shall be preserved and packaged by the Contractor to provide physical and mechanical protection, multiple handling, and shipment within the Life Cycle Contractor Support distribution system. Packaging shall accommodate placement into storage for a period of one

(1) year in an enclosed environmentally controlled facility and shall still be suitable for redistribution without additional repackaging. Items shipped that have been identified as potentially harmful substances shall include a Product Material Safety Data Sheets (MSDS with the packing list inside the sealed pouch attached to the outside of the package.

D.1.3 Unitization.

Shipment of items to the same location shall be palletized if they have a total cubic displacement of 10 cubic feet or more. Pallet loads must be stable and the preferred pallet is 40 X 48 inch, 4-way entry pallet.

D.1.4 MGS, ATGM, and MC HOT shipment.

In addition to protection from physical and mechanical damage, each HOT when shipped shall be packaged to conceal the apparent identification as a weapon system.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0001AA Destination Government Destination Government 0001AB Destination Government Destination Government 0001AC Destination Government Destination Government 0001AD Destination Government Destination Government 0001AE Destination Government Destination Government 0002 Destination Government Destination Government 0002AA Destination Government Destination Government 0002AB Destination Government Destination Government 0002AC Destination Government Destination Government 0002AD Destination Government Destination Government 0002AE Destination Government Destination Government 0003 Destination Government Destination Government 0003AA Destination Government Destination Government 0003AB Destination Government Destination Government 0003AC Destination Government Destination Government 0003AD Destination Government Destination Government 0003AE Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0006AA Destination Government Destination Government 0006AB Destination Government Destination Government 0006AC Destination Government Destination Government 0006AD Destination Government Destination Government 0006AE Destination Government Destination Government 0006AF Destination Government Destination Government 0006AG Destination Government Destination Government 0006AH Destination Government Destination Government 0006AJ Destination Government Destination Government 0006AK Destination Government Destination Government 0006AL Destination Government Destination Government 0006AM Destination Government Destination Government 0006AN Destination Government Destination Government 0006AP Destination Government Destination Government 0006AQ Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 N/A N/A N/A Government 0011AA N/A N/A N/A Government 0011AB N/A N/A N/A Government 0012 N/A N/A N/A Government

CLAUSES INCORPORATED BY REFERENCE

52.246-16 Responsibility For Supplies APR 1984 252.246-7000 Material Inspection And Receiving Report MAR 2008

Section F - Deliveries or Performance

DELIVERY

F.1 DELIVERY

F1.1 All items shall be delivered by the Contractor, F.O.B. Destination, all transportation charges prepaid, to the destinations specified in the contract. The term "delivery" means successful completion of all requirements set forth in the contract, to include manufacturing/installation, inspection and acceptance, as specified. Delivery is considered complete upon execution of an unconditional DD Form 250, Material Inspection and Receiving Report for items requiring submission of a DD Form 250 through the Wide Area Work Flow (WAWF) system, and/or upon receipt of a second endorsement acceptance by the Procuring Contracting Officer on PEO STRI 4330/60, Data Item Transmittal/ Acceptance/Rejection Form, which is provided as Attachment (5) to this contract.

The Government anticipates delivery to the following location:

U.S. ARMY ORDNANCE CENTER AND SCHOOL

420 ABERDEEN AVENUE BLDG 18031, DICKSON HALL

FORT LEE, VA 23801

F.1.2 TECHNICAL DATA AND INFORMATION

Technical Data and Information shall be delivered in accordance with the requirements of the Contract Data Requirements List, DD Form 1423, Exhibit A, B and C, attached hereto, and the following:

(a) The contractor shall concurrently deliver technical data and information per DD Form 1423, Blocks 12 and 13 (date of first/subsequent submission) to all activities listed in Block 14 of the DD Form 1423 (distribution and addresses) for each item. Complete addresses for the abbreviations in Block 14 are shown in paragraph (g) below.

Additionally, the technical data shall be delivered to the following cognizant codes, which are listed in Block 6 of the DD Form 1423.

(1) PCO, Eric C. Hertl, ACC-ORL-OPA

(2) ACO, Code (See block 6 for code and office address)

(b) Partial delivery of data is not acceptable unless specifically authorized on the DD Form 1423, or unless approved in writing by the PCO.

(c) The Government review period provided on the DD Form 1423 for each item commences upon receipt of all required data by the technical activity designated in Block 6.

(d) A copy of all other correspondence addressed to the Contracting Officer relating to data item requirements (i.e., status of delivery) shall also be provided to the codes reflected above and the technical activity responsible for the data item per Block 6, if not one of the activities listed above.

(e) The PCO reserves the right to issue unilateral modifications to change the destination codes and addresses for all technical data and information at no additional cost to the Government.

(f) Unless otherwise specified in writing, rejected data items shall be resubmitted within thirty (30) days after receipt of notice of rejection.

(g) DD Form 1423, Block 14 Mailing Addresses: Mr. Patrick J. Hart, U.S. Army, PEO STRI, ATTN:

SFAE-STRI-TRADE-GCTT, 12350 Research Parkway, Orlando, FL 32826.

COR: Mr. Patrick J. Hart, SFAE-STRI-TRADE-GCTT, 12350 Research Parkway, Orlando, FL 32826

PCO: Eric C. Hertl, ACC-ORL-OPA, via Contract Specialist (CS)

CS: Will Bass, ACC-ORL-OPA, willie.c.bass2.civ@mail.mil

F.2 OPTION CLINS AWARD SCHEDULE.

The Government reserves the right to exercise option CLINS as directed by FAR 52.217-9 Option to Extend the Terms of the Contract. The Government will exercise one or more option CLIN’s if it is in the best interest of the Government and funding is available. The below table is the anticipated order in which the Government would exercise options.

**At Time of Award** CLIN OPTION Description Quantity

0001AA MGS HOT First Production (CPFF) #1 1 0006AA Spare Parts MGS First Production (FFP) 1 0011AA Cybersecurity–MGS Trainer (FFP) 1

**When 0001AA CDR is passed and accepted the Government may choose to award the following CLINs

(FFP)**

CLIN OPTION Description Quantity

0001AB MGS HOT System device #2 1 0006AB Spare Parts MGS System 2 1 0001AC MGS HOT System device #3 1 0006AC Spare Parts MGS System 3 1 0001AD MGS HOT System device #4 1 0006AD Spare Parts MGS System 4 1 0001AE MGS HOT System device #5 1 0006AE Spare Parts MGS System 5 1 0002AA ATGM HOT First Production 1 0006AF Spare Parts ATGM First Production 1

0010 Contractor Manpower Reporting

0011AB Cybersecurity–ATGM Trainer 1

**When the first system is delivered CLIN 0001AA and if PdM OPS is not able to add new devices

CLIN OPTION Description Quantity 0008 Contractor on-call Support 12 Months

**When 0002AA CDR is passed and accepted the Government may award the following CLINs**

0002AB ATGM HOT System device #2 1 0006AG Spare Parts ATGM System 2 1 0002AC ATGM HOT System device #3 1 0006AH Spare Parts ATGM System 3 1

0002AD ATGM HOT System device #4 1 0006AJ Spare Parts ATGM System 4 1 0002AE ATGM HOT System device #5 1

0006AK Spare Parts ATGM System 5 1 0003AA MC HOT First Production 1 0006AL Spare Parts MCV First Production 1

**If PdM OPS is not able to add new devices (FFP)**

0009 Contractor on-call Support 12 Months

**When 0003AA CDR is passed and accepted the Government may choose to award the following CLINs

CLIN OPTION Description Quantity 0003AB MC HOT System device #2 1 0006AL Spare Parts MC System 2 1 0003AC MC HOT System device #3 1

0006AM Spare Parts MC System 3 1 0003AD MC HOT System device #4 1 0006AN Spare Parts MC System 4 1 0003AE MC HOT System device #5 1 0006AO Spare Parts MC System 5 1

0004 PTT C-7 (FFP) 1

0007 Spare Parts MC First Production 1

CLAUSES INCORPORATED BY FULL TEXT

52.211-8 TIME OF DELIVERY (JUN 1997)

Time of Delivery (Jun 1997)

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

REQUIRED DELIVERY SCHEDULE

ITEM

NO.

QUANTITY MONTHS AFTER DATE OF CONTRACT AWARD

0001AA 1 EACH Deliver NLT 18 Months after contract award

0001AB 1 EACH

* Options 0001AB-0001AE will be reviewed after CLIN 0001AA CDR. Deliver NLT 11 Months after option is exercised. If more than one option is exercised there will be off set deliveries by 4 months for each additional option exercised. For example: Option 0001AB and 0001AC are exercised at the same time. 0001AB delivery 11 months after and 0001AC 15 months after.

0001AC 1 EACH *Option: Deliver NLT 11 months after option is exercised

0001AD 1 EACH *Option: Deliver NLT 11 months after option is exercised

0001AE 1 EACH *Option: Deliver NLT 11 months after option is exercised

0002AA 1 EACH *Option: Deliver NLT 18 months after option is exercised

0002AB 1 EACH

* Options 0002AB-0002AE will be reviewed after CLIN 0002AA CDR. Deliver NLT 11 months after option is exercised. If more than one option is exercised there will be off set deliveries by 4 months for each additional option exercised. For example: Option 0002AB and 0002AC are exercised at the same time. 0002AB delivery 11 months after and 0002AC 15 months after.

0002AC 1 EACH *Option: Deliver NLT 11 months after option is exercised

0002AD 1 EACH *Option: Deliver NLT 11 months after option is exercised

0002AE 1 EACH *Option: Deliver NLT 11 months after option is exercised

0003AA 1 EACH *Option: Deliver NLT 8 months after option is exercised

0003AB 1 EACH

* Options 0003AB-0003AE will be reviewed after CLIN 0003AA CDR. Deliver NLT 4 months after option is exercised. If more than one option is exercised there will be off set deliveries by 1 month for each additional option exercised. For example: Option 0003AB and 0003AC are exercised at the same time. 0003AB delivery 4 months after and 0003AC 5 months after.

0003AC 1 EACH *Option: Deliver NLT 4 months after option is exercised

0003AD 1 EACH *Option: Deliver NLT 4 months after option is exercised

0003AE 1 EACH *Option: Deliver NLT 4 months after option is exercised

0004 1 EACH *Option: Deliver NLT 8 months after option is exercised

0005 1 LOT *Deliver IAW Exhibits A,B, & C

0006AA 1 LOT Deliver NLT 18 months after contract award

0006AB 1 LOT *Delivery to coincide with the corresponding HOT

0006AC 1 LOT *Delivery to coincide with the corresponding HOT

0006AD 1 LOT *Delivery to coincide with the corresponding HOT

0006AE 1 LOT *Delivery to coincide with the corresponding HOT

0006AF 1 LOT *Delivery to coincide with the corresponding HOT

0006AG 1 LOT *Delivery to coincide with the corresponding HOT

0006AH 1 LOT *Delivery to coincide with the corresponding HOT

0006AI 1 LOT *Delivery to coincide with the corresponding HOT

0006AJ 1 LOT *Delivery to coincide with the corresponding HOT

0006AK 1 LOT *Delivery to coincide with the corresponding HOT

0006AL 1 LOT *Delivery to coincide with the corresponding HOT

0006AM 1 LOT *Delivery to coincide with the corresponding HOT

0006AN 1 LOT *Delivery to coincide with the corresponding HOT

0006AO 1 LOT *Delivery to coincide with the corresponding HOT

0007 1 LOT *Option: Deliver to coincide with the corresponding PTT

0008 12 MONTHS

*Option: Service, PoP of 12 months. Estimated to initiate after delivery of CLIN 0001AA

0009 12 MONTHS

*Option: Service, PoP of 12 months. Estimated to initiate after completion of CLIN 0008

0010 1 LOT

* Option: CMRA only required if Option CLIN 008 (and/or) 009 are exercised.

0011AA 1 LOT Deliver to coincide with companion first production.

0011AB 1 LOT * Option: Deliver to coincide with companion first production.

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

OFFEROR’S PROPOSED DELIVERY SCHEDULE

ITEM NO. QUANTITY WITHIN DAYS AFTER DATE OF CONTRACT OR EXERCISE OF

OPTION

0001AA 1 EACH

0001AB 1 EACH

0001AC 1 EACH

0001AD 1 EACH

0001AE 1 EACH

0002AA 1 EACH

0002AB 1 EACH

0002AC 1 EACH

0002AD 1 EACH

0002AE 1 EACH

0003AA 1 EACH

0003AB 1 EACH

0003AC 1 EACH

0003AD 1 EACH

0003AE 1 EACH

0004 1 EACH

0005 1 LOT

0006AA 1 LOT

0006AB 1 LOT

0006AC 1 LOT

0007 1 LOT

0008 12 MONTHS

0009 12 MONTHS

0010 1 LOT

0011AA 1 LOT

0011AB 1 LOT

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding

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

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

(End of Clause)

Section G - Contract Administration Data

G.1 CONTRACTOR’S AUTHORIZED CONTRACT COORDINATOR AND TECHNICAL LIAISON

(a) The contractor shall state below the name and telephone numbers of the contractor’s employees responsible for coordination of contract functions/liaison with the Contracting Officer and/or Contract administrator, and providing technical assistance as required regarding product specifications, functionality, etc.

CONTRACT COORDINATOR:

NAME: _______________________________________

PHONE (BUS): ___________________________________

PHONE (AFTER HOURS): _________________________

ALTERNATE:

NAME: _______________________________________

PHONE (BUS): ___________________________________

PHONE (AFTER HOURS): _________________________

(b) The contractor shall notify the Contracting Officer and/or Contract Administrator in advance, in writing, of any changes in the above listed personnel.

G.2 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)

(a) The Contracting Officer has designated Mr. Patrick J. Hart, 12211 Science Drive, Orlando, FL 32826 as the authorized Contracting Officer’s Representative (COR) for this contract.

(b) The duties of the COR are limited to the following:

1. Ensure contractor personnel requiring access to the Government facilities adhere to the check-in and out procedures.

2. Work cooperatively with members of the acquisition team.

3. Review, comment, and report on the contractor's progress and ensure the contractor complies with reporting requirements.

4. Read and understand the COR’s role and responsibilities in the Contractor Performance Assessment Reporting Systems (CPARS) process to include maintaining documentation that supports the CPARS assessments.

5. Provide an independent government estimate of desired or ordered work.

6. Keep track of funds expended and remaining funds available so as not to overspend on the contract or order.

7. Accept services and/or deliverables when completed, unless otherwise specified in the contract or order, and certify when all deliverables have been accepted by the government.

8. Pay particular attention to the timely review of invoices (as applicable).

9. Obtain refresher training as required by the Contracting Officer.

10. Promptly notify and provide recommended corrective action to the Contracting Officer and the COR’s superior of any of the following:

a. Any violation of or deviation from the technical requirements of the contract.

b. Inefficient or wasteful methods in use by the contractor, including the contractor exceeding the requirements of the order or contract.

c. Any contractor request for changes to the contract.

d. Issues that require clarification or resolution.

e. Instances where funds may be insufficient to complete the contract or order.

f. Conditions requiring a replacement for you as COR.

g. Improper use of government material, equipment, or property.

11. Ensure the contract does not become a vehicle for personal services.

12. Review engineering studies, design, or value engineering proposals submitted by the contractor to determine their feasibility.

13. When required, review, comment, and report on the annual and final performance assessment reports of the contractor as to compliance with technical instructions, timeliness, and any problems associated with the contract or order, in a timely manner.

14. Address contribution in the annual performance review.

G.3 DISCLOSURE, USE AND PROTECTION OF PROPRIETARY INFORMATION

(a) During the performance of this contract, the Government may use an independent services contractor (ISC), who is neither an agent nor employee of the Government. The ISC may be used to conduct reviews, evaluations, or independent verification and validations of technical documents submitted to the Government during performance.

(b) The use of an ISC is solely for the convenience of the Government. The ISC has no obligation to the prime contractor. The prime contractor is required to provide full cooperation, working facilities and access to the ISC for the purposes stated in paragraph (a) above.

(c) Since the ISC is neither an employee nor agent of the Government, any findings, recommendations, analyses, or conclusions of such a contractor are not those of the Government.

(d) The prime contractor acknowledges that the Government has the right to use ISCs as stated in paragraph (a) above. It is possible that under such an arrangement the ISC may require access to or the use of information (other than restricted cost or pricing data), which is proprietary to the prime contractor.

(e) To protect any such proprietary information from disclosure or use, and to establish the respective rights and duties of both the ISC and prime contractor, the prime contractor agrees to enter into a direct agreement with any ISC as the Government requires. A properly executed copy (per FAR 9.505-4) of the agreement will be provided to the Procuring Contracting Officer.

G.4 AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.

(b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is: Mr. Eric C. Hertl, Procuring Contracting Officer, 12211 Science Drive, Orlando, FL 32826 Phone: (407) 208-3474.

52.211-17 Delivery of Excess Quantities SEP 1989 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIRMENTS

H.1 AVAILABILITY OF DATA ITEM DESCRIPTIONS (DIDs)

All Data Item Descriptions (DIDs) are available online via the Acquisition Streamlining and Standardization Information System located at http://quicksearch.dla.mil.

H.2 LIABILITY INSURANCE

The following types of insurance are required in accordance with the Clause entitled, “FAR 52.228-5, “Insurance- -Work on a Government Installation” and shall be maintained in the minimum amounts shown:

(a) Comprehensive General Liability: $200,000 per person and $500,000 or other per accident for bodily injury.

(b) Automobile Insurance: $200,000 per person and $500,000 per accident for bodily injury and $500,000 per accident for property damage.

(c) Standard Workman’s Compensation and Employer’s Liability Insurance (or, where maritime employment is involved, Longshoremen’s and Harbor Worker’s Compensation Insurance) in the minimum amount of $100,000.

(d) Aircraft public and passenger liability: $$200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability; $ $200,000 per occurrence for property damage. Passenger bodily injury liability limits of $200,000 per passenger, multiplied by the number of seats or number of passengers, whichever is greater.

H.3 INTELLECTUAL PROPERTY

The Government requires rights in technical data and computer software that will permit the Government to fully support, maintain, and modify the Stryker MTS and associated training devices in a competitive environment throughout the program life cycle. Specifically, the Government intends to have training programs and devices operated, maintained and supported throughout its life cycle by competitively-awarded contract, at least in part. The Government contemplates that the device’s life cycle will include life cycle extension. Efforts may include, for example: modifications by or for the Government in hardware and software (including firmware) to retain training integrity with the operational equipment as it is changed, altered or enhanced; additional modifications or changes to the hardware and software for training purposes related to the training device; rehosting the software on improved hardware for training devices; making additions to the hardware suite(s) and/or combining the software with other software; providing the supporting contractor(s) with access to the delivered software for any purpose whatsoever related to the program and training devices; and, use of the software and documentation by the supporting contractor(s) at its facility to perform its contractual requirements(s) for purposes of the training device.

Accordingly, the contractor is required to provide the means, by which the Government shall be permitted to use, modify, reproduce, release, perform, display and/or disclose in a competitive environment the data and computer software required by the Contract that would otherwise be furnished with restrictions. At a minimum, the contractor shall provide means that (1) at any practical sub-item or subcomponent level or for any segregate portion of a process (i.e.; software), DFARS 227.7103-4(b), and (2) include data bases, design information and software (including source code), or an alternative means that will permit the Government in a competitive environment to fully support and maintain the training device(s) to which the items pertain. Although the contractor is expected to use COTS technical data and computer software to the maximum extent practicable, the aforementioned Government requirements may necessitate the use of special licensing agreements and/or developmental software when the Government’s minimum, necessary rights cannot otherwise be obtained.

H.4 ELECTRONIC TRANSMISSION OF PROPRIETARY DATA

Contractor shall be fully capable and willing to electronically transmit proprietary data to the Government. This data may consist of contract deliverables or pricing data required for proposal evaluation. Any software required by the Government to receive the contractor-transmitted proprietary data that the Government does not already possess shall be provided by the contractor at no cost to the Government.

H.5 ORGANIZATIONAL CONFLICTS OF INTEREST

(a) Purpose. This clause seeks to ensure that the contractor (1) does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract, and (2) is not biased because of its current or planned interests (financial, contractual, organizational or otherwise) that relate to the work under this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor (as defined in paragraph (d)(7)) in the activities covered by this clause.

(1) The restrictions set forth in paragraph (e) apply to supplies, services, and other performance rendered with respect to the suppliers and/or equipment listed in this contract will specify to which suppliers and/or equipment subparagraph (e) restrictions apply.

(2) The financial, contractual, organizational and other interests of contractor personnel performing work under this contract shall be deemed to be the interests of the contractor for the purposes of determining the existence of an Organizational Conflict of Interest. Any subcontractor that performs any work relative to this contract shall be subject to this clause. The contractor agrees to place in each subcontract affected by these provisions the necessary language contained in this clause.

(c) Waiver. Any request for waiver of the provisions of this clause shall be submitted in writing to the Procuring Contracting Officer. The request for waiver shall set forth all relevant factors including proposed contractual safeguards or job procedures to mitigate conflicting roles that might produce an Organizational Conflict of Interest.

No waiver shall be granted by the Government with respect to prohibitions pursuant to access to proprietary data.

(d) Definitions. For purposes of application of this clause only, the following definitions are applicable:

(1) “System” includes system, major component, subassembly or subsystem, project, or item.

(2) “Non-developmental items” as defined in FAR 2.101.

(3) “Systems Engineering” (SE) includes, but is not limited to, the activities in FAR 9.505-1(b).

(4) “Technical direction” (TD) includes, but is not limited to, the activities in FAR 9.505-1(b).

(5) “Advisory and Assistance Services” (AAS) are those services acquired from non-governmental sources to support or improve agency policy development or decision making; or, to support or improve the management of organizations or the operation of hardware systems. Such services may encompass consulting activities, engineering and technical services, management support services and studies, analyses and evaluations.

(6) “Consultant services” as defined in FAR 31.205-33(a).

(7) “Contractor”, for the purposes of this clause, means the firm signing this contract, its subsidiaries and affiliates, joint ventures involving the firm, any entity with which the firm may hereafter merge or affiliate, and any other successor or assignee of the firm.

(8) “Affiliates,” means officers or employees of the prime contractor and first tier subcontractors involved in the program and technical decision-making process concerning this contract.

(9) “Interest” means organizational or financial interest.

(10) “Weapons system supplier” means any prime contractor or first tier subcontractor engaged in, or having a known prospective interest in the development, production or analysis of any of the weapon systems, as well as any major component or subassembly of such system.

(e) Contracting restrictions.

(1) To the extent the contractor provides systems engineering and/or technical direction for a system or commodity but does not have overall contractual responsibility for the development, the integration, assembly and checkout (IAC) or the production of the system, the contractor shall not (i) be awarded a contract to supply the system or any of its major components or (ii) be a subcontractor or consultant to a supplier of the system or of its major components. The contractor agrees that it will not supply to the Department of Defense (either as a prime contractor or as a subcontractor) or act as consultant to a supplier of, any system, subsystem, or major component utilized for or in connection with any item or other matter that is (directly or indirectly) the subject of the systems engineering and/or technical direction or other services performed under this contract for a period of six(6) months after the date of completion of the contract. (FAR 9.505-1(a))

(2) To the extent the contractor prepares and furnishes complete specifications covering nondevelopmental items to be used in a competitive acquisition, the contractor shall not be allowed to furnish these items either as a prime contractor or subcontractor. This rule applies to the initial production contract, for such items plus a specified time period or event. The contractor agrees to prepare complete specifications covering non-developmental items to be used in competitive acquisitions, and the contractor agrees not to be a supplier to the Department of Defense, subcontract supplier, or a consultant to a supplier of any system or subsystem for which complete specifications were prepared hereunder. The prohibition relative to being a supplier, a subcontract supplier, or a consultant to a supplier of these systems of their subsystems extends for a period of [insert the period of prohibition] after the terms of this contract. (FAR 9.505-2(a)(1))

(3) To the extent the contractor prepares or assists in preparing a statement of work to be used in competitively acquiring a system or services or provides material leading directly, predictably and without delay to such a work statement, the contractor may not supply the system, major components thereof or the services unless the contractor is the sole source, or a participant in the design or development work, or a contractor involved in preparation of the work statement. The contractor agrees to prepare, support the preparation of or provide material leading directly, predictably and without delay to a work statement to be used in competitive acquisitions, and the contractor agrees not to be a supplier or consultant to a supplier of any services, systems or subsystems for which the contractor participated in preparing the work statement. The prohibition relative to being a supplier, a subcontract supplier, or a consultant to a supplier of any services, systems or subsystems extends for a period of [insert the period of prohibition] after the terms of this contract. (FAR 9.505-2(b)(1))

(4) To the extent work to be performed under this contract requires evaluation of offers for products or services, a contract will not be awarded to a contractor that will evaluate its own offers for products or services, or those of a competitor, without proper safeguards to ensure objectivity to protect the Government’s interests.

Contractor agrees to the terms and conditions set forth in the Statement of Work that are established to ensure objectivity to protect the Government’s interests. (FAR 9.505-3)

(5) To the extent work to be performed under this contract requires access to proprietary data of other companies, the contractor must enter into agreements with such other companies which set forth procedures deemed adequate by those companies (i) to protect such data from unauthorized use or disclosure so long as it remains proprietary and (ii) to refrain from using the information for any other purpose other than that for which it was furnished. Evidence of such agreement(s) must be made available to the Procuring Contracting Officer upon request. The contractor shall restrict access to proprietary information to the minimum number of employees necessary for performance of this contract. Further, the contractor agrees that it will not utilize proprietary data obtained from such other companies in preparing proposals (solicited or unsolicited) to perform additional services or studies for the United States Government. The contractor agrees to execute agreements with companies furnishing proprietary data in connection with work performed under this contract, obligating the contractor to protect such data from unauthorized use or disclosure so long as such data remains proprietary, and to furnish copies of such agreement to the Contracting Officer. Contractor further agrees that such proprietary data shall not be used in performing for the Department of Defense additional work in the same field as work performed under this contract if such additional work is procured competitively. (FAR 9.505-4(b))

(6) Preparation of Statements of Work or Specifications. If the contractor under this contract assists substantially in the preparation of a statement of work or specifications, the contractor shall be ineligible to perform or participate in any capacity in any contractual effort (solicited or unsolicited) that is based on such statement of work or specifications. The contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the Contracting Officer, in which case the restrictions in this subparagraph shall not apply. Contractor agrees that it will not supply to the Department of Defense (either as a prime contractor or as a subcontractor) or act as consultant to a supplier of, any system, subsystem or major component utilized for or in connection with any item or work statement prepared or other services performed or materials delivered under this contract, and is procured on a competitive basis, by the Department of Defense with [insert the period of prohibition] after completion of work under this contract. The provisions of this clause shall not apply to any system, subsystem, or major component for which the contractor is the sole source of supply or which it participated in designing or developing.

(7) Advisory and Assistance Services (AAS). If the contractor provides AAS services as defined in paragraph (d) of this clause, it shall be ineligible thereafter to participate in any capacity in Government contractual efforts (solicited or unsolicited) which stem directly from such work, and the contractor agrees not to perform similar work for prospective offerors with respect to any such contractual efforts.