16-T-0185-0001.pdf

W9098S-16-T-0185

ROCK ISLAND ARSENAL (ACC-RI)

MSG PETER J. MILLER

PHONE: 309-782-5193

ROCK ILSAND IL 61299

SEE SCHEDULE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this Amendment is CLINS 001, 0002, 0004-0006, the quantites have increased since the issuing of the Solicitation.

All other terms and conditions of the Solicitation remain the same.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 17

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 19-Aug-2016

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W9098S-16-T-0185

X 9B. DATED (SEE ITEM 11)

09-Aug-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offer 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 amendment; (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 APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) 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 date, 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.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

19-Aug-2016

CODE

ROCK ISLAND ARSENAL (ACC-RI)

JOINT MANUFACTURING & TECHNOLOGY CENTER

BLDG 211 RODMAN AVENUE

1 ROCK ISLAND ARSENAL

ROCK ISLAND IL 61299-5000

W9098S 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE W9098S

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 23-Aug-2016 03:00 PM to 26-Aug-2016 03:00 PM.

SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The pricing detail quantity has increased by 65.00 from 35.00 to 100.00.

CLIN 0002

The pricing detail quantity has increased by 25.00 from 15.00 to 40.00.

CLIN 0004

The pricing detail quantity has increased by 20.00 from 120.00 to 140.00.

CLIN 0005

The pricing detail quantity has increased by 100.00 from 10.00 to 110.00.

CLIN 0006

The pricing detail quantity has increased by 360.00 from 15.00 to 375.00.

DELIVERIES AND PERFORMANCE

The following Delivery Schedule item for CLIN 0001 has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

07-JAN-2017 35 TRANSPORTATION OFFICER, W52H1C

TRANSPORTATION OFFICER

BLDG 299, BECK AND GILESPIE

EAST END, RECG DOOR 16A

ROCK ISLAND IL 61299-5000

FOB: Destination

W52H1B

To:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

07-JAN-2017 100 TRANSPORTATION OFFICER, W52H1C

TRANSPORTATION OFFICER

BLDG 299, BECK AND GILESPIE

EAST END, RECG DOOR 16A

ROCK ISLAND IL 61299-5000

The following Delivery Schedule item for CLIN 0002 has been changed from:

07-JAN-2017 15 TRANSPORTATION OFFICER, W52H1C

TRANSPORTATION OFFICER

BLDG 299, BECK AND GILESPIE

EAST END, RECG DOOR 16A

ROCK ISLAND IL 61299-5000

07-JAN-2017 40 TRANSPORTATION OFFICER, W52H1C

TRANSPORTATION OFFICER

BLDG 299, BECK AND GILESPIE

EAST END, RECG DOOR 16A

ROCK ISLAND IL 61299-5000

The following Delivery Schedule item for CLIN 0004 has been changed from:

07-JAN-2017 120 TRANSPORTATION OFFICER, W52H1C

TRANSPORTATION OFFICER

BLDG 299, BECK AND GILESPIE

EAST END, RECG DOOR 16A

ROCK ISLAND IL 61299-5000

07-JAN-2017 140 TRANSPORTATION OFFICER, W52H1C

TRANSPORTATION OFFICER

BLDG 299, BECK AND GILESPIE

EAST END, RECG DOOR 16A

ROCK ISLAND IL 61299-5000

The following Delivery Schedule item for CLIN 0005 has been changed from:

23-NOV-2016 10 TRANSPORTATION OFFICER, W52H1C

TRANSPORTATION OFFICER

BLDG 299, BECK AND GILESPIE

EAST END, RECG DOOR 16A

ROCK ISLAND IL 61299-5000

23-NOV-2016 110 TRANSPORTATION OFFICER, W52H1C

TRANSPORTATION OFFICER

BLDG 299, BECK AND GILESPIE

EAST END, RECG DOOR 16A

ROCK ISLAND IL 61299-5000

The following Delivery Schedule item for CLIN 0006 has been changed from:

07-JAN-2017 15 TRANSPORTATION OFFICER, W52H1C

TRANSPORTATION OFFICER

BLDG 299, BECK AND GILESPIE

EAST END, RECG DOOR 16A

ROCK ISLAND IL 61299-5000

07-JAN-2017 375 TRANSPORTATION OFFICER, W52H1C

TRANSPORTATION OFFICER

BLDG 299, BECK AND GILESPIE

EAST END, RECG DOOR 16A

ROCK ISLAND IL 61299-5000

The following have been modified:

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (MAY 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

Addendum to 52.212-4 Contract Terms and Conditions- Commercial Items (MAY 2015)

CLAUSES INCORPORATED BY REFERENCE:

52.211-15 Defense Priority and Allocation Requirement APR 2008 52.211-17 Delivery of Excess Quantity SEP 1989 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement DEC 2007 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-11 Extras APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibility for Supplies APR 1984 52.247-34 FOB Destination FEB 2006 252.204-7003 Control of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7000 Disclosure of Information AUG 2013 252.225-7002 Qualifying Country Sources as Subcontractors DEC 2012 252.225-7048 Export-Controlled Items JUN 2013 252.243-7001 Pricing of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT:

52.0000-4002 SHIPPING/DELIVERY INSTRUCTIONS AND INFORMATION (OCT 2007)

1. THE COMPLETE 13-DIGIT PURCHASE ORDER, DELIVERY ORDER, OR CONTRACT NUMBER (The Number that starts with W9098S----) MUST BE ON THE OUTSIDE OF THE SHIPPING CONTAINER. This number must also appear on all packing slips, invoices, bills, or any communications regarding this order.

2. A Packing List must be included with each shipment.

3. Any excess quantity delivered that is not covered by a Variation in Quantity clause is subject to rejection.

4. SHIPMENT OR DELIVERY TO ANY ADDRESS OTHER THAN THE “SHIP TO” ADDRESS

DESIGNATED IN THE PURCHASE ORDER/DELIVERY ORDER/CONTRACT (Block 14 of the DD1155, Block 15 of the SF1449, or Block 11 of the SF 26) MAY RESULT IN A DELAY IN PAYMENT.

5. ANY CHANGE IN THE “SHIP TO” ADDRESS MUST BE APPROVED BY A WRITTEN CONTRACT

MODIFICATION FROM THE CONTRACTING OFFICER.

6. Information from FAR clause 52.232-25, Prompt Payment (FEB 2002), Paragraph (a)(5)(i): For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities. (End of Notice)

52.0000-4003 SAFETY & SECURITY NOTICES (JUL 2005)

ARSENAL ISLAND SAFETY REQUIREMENTS

1. All Contractors and Contractor personnel coming on to Arsenal Island must comply with the Rock Island Arsenal/Joint Manufacturing and Technology Center (RIA/JMTC), other Arsenal Island safety requirements and all federal, state, and local safety laws and regulations.

2. Contractors must provide their employees with, and the employees must use, all required safety equipment necessary for the work they are performing and/or the areas they are in.

3. This includes safety glasses, safety shoes, proper clothing, proper protective equipment and rigging.

4. All drivers on Arsenal Island must use seatbelts at all times when driving a motor vehicle.

5. If in doubt about any safety requirements, contact the Safety Office, AMSTA-RI-SF, 309-782-0207.

PHOTOGRAPHIC EQUIPMENT RESTRICTIONS

Reference: Commander’s Policy Memo A-23, 18 March 2004. There are restrictions on the use of photographic devices in all non-public areas of Arsenal Island. This includes digital cameras, cell phones and PDAs with cameras. You must get permission from the Security and Intelligence Division, AMSTA-RI-FPS, second floor, bldg. 102, 309-782-2871, to use any type of photographic device in any non-public area on Arsenal Island.

(End of Notices)

52.0000-4035 ROCK ISLAND ARSENAL SAFETY, LAW ENFORCEMENT, SECURITY, AND FIRE

PREVENTION REQUIREMENTS/REGULATIONS (AUG 2004)

THIS CLAUSE APPLIES WHEN THE CONTRACTOR ENTERS ROCK ISLAND ARSENAL ISLAND.

a. ROCK ISLAND ARSENAL SAFETY, LAW ENFORCEMENT, SECURITY, AND FIRE PREVENTION REQUIREMENTS. Any contractor personnel entering Rock Island Arsenal (RIA) as the result of this order/ contract are required to adhere to all regulations governing safety, law enforcement, security, and fire prevention in effect at the time of entrance. Failure to comply with said regulations may result in immediate removal from RIA.

The contractor shall bear full responsibility of the consequences of said removal. Further clarifications of RIA regulations are available from the Contracting Officer for this order/contract.

b. SECURITY REGULATIONS. The contractor and employees shall meet the following special security conditions.

1. SECURITY BADGES: ALL CONTRACTORS who are performing construction or service work within the confines of Rock Island Arsenal will be required to obtain a Security Badge. Contractor personnel will, prior to or on the beginning date of work, report to the Security and Intelligence Division specified below. The type of badge issued and authorization for the badge will depend on the duration of the contract.

(a) Temporary Badges will be issued at the Security Desk located in building 23 when the contract is less than 30 days in duration. Prior to the badge being issued, the contractor will complete a SIORI Form 190-31, Validation Pass. Security personnel will then obtain verbal authorization from the Contracting Officer (CO), Contractor Officer Representative (COR) or the Contractor Authorized to Sign (CAS), as appropriate, to issue a badge to a contractor.

(b) Permanent or picture-type installation badges will be issued at the Security Desk located in building 102 when the contract exceeds 30 days in duration, the contractor is employed full-time on Arsenal Island (4-5 days a week) and resides in the local community (within 100 miles). The contractor will complete a SIORI Form 190-24 (Contractor Employee Record) and the record will be signed by the CO, COR or the CAS, as appropriate. Upon completion, a badge will be issued for the duration of the contract, however, a badge will not be issued for longer than a five year period.

(c) Lost badges will be reported to the Security Desk at building 23 as soon as possible. Contractors with permanent picture-type badges will receive a temporary two- week badge to allow sufficient time for the badge to be found. If the badge has not been found after the two-week period, a Lost Badge Report will be completed by the contractor, and a new permanent picture-type badge will be issued.

(d) Contractors are required to display installation badges above the waist in a conspicuous place on the upper part of the body on the outer clothing. Security badges are accountable and are required by the recipient to be safeguarded at all times to prevent theft, loss or misuse by unauthorized personnel.

(e) All badges must be retrieved upon completion of the contract, or any other circumstances that eliminate the requirement for access to the installation by the contractor. It is the responsibility of the CO, COR or CAS to ensure the badges are collected and returned to either Security Desk.

2. DOD DECALS.

(a) Vehicle registration and the display of the DoD decal is required for contractor employees who are employed full-time on Arsenal Island (4-5 days a week) and reside in the local community (within 100 miles).

Registration requirements include possession of a valid state driver's license, supported by a RIA badge and possession of a current, original certificate of state registration, as required by the state in which the vehicle is registered.

(b) Contractor personnel registering a motor vehicle must comply with the automobile insurance laws of the State in which the vehicle is registered. Registration also implies knowledge of the requirement to remove and return the decal when registration is terminated, the owner sells or disposes of the vehicle, employment is terminated, or suspension or revocation of driving privileges has occurred.

(c) Vehicle registration and installation decals is not required for bicycles, motorcycles, company or off-road vehicle.

(d) All decals must be retrieved upon completion of the contract, or any other circumstances which eliminate the requirement for access to the installation by the contractor. It is the responsibility of the CO, COR or CAS to ensure the decals are collected and returned to either Security Desk.

3. PARKING.

(a) Parking is on a first-come, first served basis, provided the parking space is not posted with a reserved, visitor or handicapped parking sign. Parking is allowed in “marked” spaces only.

(b) All valid spaces are clearly marked with white lines on both sides of the space. Vehicles parked in other than valid spaces are subject to being issued a parking ticket.

4. NON U.S. CITIZENS:

(a) Foreign Nationals must be escorted by an installation employee who is a US Citizen at all times when in installation work areas. Security badges will be marked “Escort Required in All Areas”. AMCMI is the approval authority for granting access to foreign nationals to AMC information systems.

(b) Immigrant Aliens must be escorted by a government employee who is a US Citizen at all times when in installation restricted areas. Security badges will be marked “Escort Required in Restricted Areas”. AMCMI is the approval authority for granting access to immigrant aliens to AMC Information Technology (IT) systems.

5. Information Technology (IT) Positions and/or Processing Information Within IT Systems.

(a) Every contractor employee within the Department of Defense whose duties require access to IT Systems will have their positions identified by the government as either Information Technology (IT) I, II or III. Those contractor personnel identified as IT I, II and III will require a favorably completed security investigation as listed below. Completed forms will be submitted by the contractor to the Office of Personnel Management (OPM). Only after the investigation has been favorably completed will the contractor be given permanent access to the system.

Temporary access may be authorized if the contractor provides a copy of the submitted investigation for the Security and Intelligence Division (AMSTA-RI-FPS) to review.

(1) IT-I Definition. Responsible for designing Army IT Systems. Investigation requirements: Single Scope Background Investigation.

(2) IT -II DEFINITION. Responsible for designing programs and/or administering systems in support of Army Information Assurance (IA). Investigation requirement: National Agency Check.

(3) IT-III Definition. Duties requiring a login ID and password for access to an Army IT System.

Investigation requirement: National Agency Check.

(b) The contractor will ensure that investigations are returned to the "Commander, Rock Island Arsenal, ATTN: AMSTA-RI-FPS, Rock Island, IL 61299-5000".

(c) Electronic forms and instructions are available at www.dss.mil.

(d) Unfavorable Information: When unfavorable information is received by the government, the subject of that unfavorable information may be denied access until the information is adjudicated by the government.

6. UNESCORTED ACCESS TO RESTRICTED AREAS. Contractors whose duties have been designated by the government as requiring unescorted access to restricted areas must provide proof of a favorably completed personnel security investigation equivalent to an ADP III position as specified above.

7. ELECTRONIC ACCESS. The COR must coordinate, request and issue electronic access keys for contractor personnel. Contractor personnel must report the loss of electronic keys immediately.

c. SAFETY REGULATIONS. When the project location is inside of a manufacturing building where all employees and visitors are required to wear approved safety glasses, all contractor and subcontractor personnel are required to wear safety glasses on the project site.

d. RESTRICTED AREAS. Contractor's personnel will not be allowed within he restricted areas of the Arsenal without proper identification and authorization. Also, upon ingress/egress, their vehicles will be subjected to vehicle inspection by the regularly appointed guards of Rock Island Arsenal.

e. REMOVAL OF CONTRACTOR OR GOVERMENT-FURNISHED PROPERTY. The following procedures are prescribed for the issuance of passes for removing contractor owned material and equipment which has been brought onto the Arsenal by authorized contractors for use in accomplishing work under a contract, or Government-furnished property which, under the terms of a contract, may properly be removed by the contractor.

1. It will be the responsibility of the contracting officer, or designated inspector to determine that property being removed by a contractor is property of the contractor, or Government-furnished property being removed under the terms of the applicable contract. In case Government-furnished property is involved, it will be the responsibility of the individuals designated above to insure that all accounting papers prescribed by the contract or other regulations have been completed before the contractor is permitted to remove the property.

2. The individuals designated for the purpose, will prepare and sign a Property Pass, DA Form 1818, which will contain the name of the contractor, the contract number, a listing of the property in sufficient detail to permit identification. The guard on duty at the exit gate will retain the pass and turn it in at the Police Station.

NOTE: The guards will not allow removal of contractor's property unless covered by the above pass. It is the contractor's responsibility to obtain the pass from the contracting officer's designated representative.

f. INSPECTION. All contractor and contractor employees' vehicles, equipment, and packages are subject to inspection or examination at entry/exit of the Arsenal. Security personnel/police will conduct inspection deemed necessary to enforce security requirements.

g. SMOKING POLICY.

1. Indoor smoking is not allowed in any workplace building on Arsenal Island.

2. Only the cafeterias and the Arsenal Club have designated indoor smoking areas available.

3. Outside smoking must occur at least 50 feet from building entrances and exits.

4. Contractors are required to enforce DOD/RIA 'No Smoking' rules for the Contractor's employees.

h. RADIOACTIVE MATERIALS AND RADIATION GENERATING EQUIPMENT. The Rock Island Arsenal Radiation Protection Program requires the Radiation Protection Officer (RIA-RPO) to have full knowledge of the location of radioactive materials and radiation generating equipment. Contractors and any other non-Army activities operating on the installation shall inform the RPO of any radioactive sources or equipment which generates ionizing radiation.

i. EMERGENCY MEDICAL TREATMENT.

1. The Rock Island Arsenal (RIA) Health Clinic, Bldg. 110, can provide medical care only for Government employees for work-related matters. Contractor employees are not eligible for routine health care at the RIA Health Clinic.

2. The RIA does have ambulance service and paramedics available for emergencies. In the event of a medical emergency (serious accident or illness), the RIA Health Clinic will care for any patient until other arrangements can be made.

3. Contractors shall inform all employees working at RIA of the following:

(a) Limitations upon health care at the RIA Health Clinic.

(b) Company policies and procedures for obtaining health care for work-related injuries or health problems.

(c) Emergency Phone Number For Rock Island Arsenal: Dial 911.

DIAL 911 FOR AMBULANCE, FIRE, MEDICAL EMERGENCIES

APPENDIX

Force Protection Directorate (AMSTA-RI-FP)

TO WHOM IT MAY CONCERN

The following information is required to expedite the work you will be performing on Rock Island Arsenal. Please read the instructions carefully, and provide the information requested utilizing the attached contract.

COMPANY NAME:

COMPANY ADDRESS:

CONTRACT NUMBER:

INCLUSIVE DATES OF CONTRACT:

WORK AREAS (Building Numbers):

HOURS OF OPERATION:

CONTRACTING OFFICER REPRESENTATIVE:

CONTRACTOR'S SUPERINTENDENT (Name, Address, Phone Number):

ESTIMATED NUMBER OF CONTRACTOR EMPLOYEES:

NAME AND PHONE NUMBER OF INDIVIDUAL COMPLETING THE ABOVE INFOMATION:

If you will be employing SUBCONTRACTORS, please forward a copy of this letter to each subcontractor company and ensure they respond appropriately.

The above information is to be forwarded to the Security Management Office prior to the start of the contract.

At the completion of the project, ALL badges MUST be returned to the Security Desk in Building 102, second floor.

If you have any questions or concerns, feel free to contact the security desk (309) 782-0551. (End of Appendix) (End of clause)

52.0000-4148 COMMERCIAL PACKAGING, PACKING AND MARKING INSTRUCTIONS (OCT 1990)

(a) Material shall be prepared and packed for shipment in accordance with standard commercial practice (Level C) sufficiently protected to arrive in good condition.

(b) Marking of Shipments. In addition to markings required for transportation, shipping labels and documents shall include the contract or purchase order number. Individual piece markings shall comply with industry standards.

52.0000-4606 EVALUATED OPTION FOR INCREASED QUANTITY (MAY 2015)

a. This solicitation includes an evaluated option (See Section M).

b. The Government reserves the right to increase the quantity of CLIN 0001-0007 by a quantity of up to and including, but not exceeding, 200% percent as an evaluated option at the price(s) quoted below.

c. If the Contractor does not quote a price hereunder, the lowest price offered/bid in the Schedule for CLIN 0001- 0007 shall be the price used for evaluation/award of any option quantities. All evaluation factors identified in the solicitation W9098S-16-T-0185 will be applied to the option quantity for evaluation purposes.

d. The Contracting Officer may exercise the evaluated option at any time preceding 365 Days by giving written notice to the Contractor.

e. Delivery of the item(s) added by exercise of this option shall continue immediately after, and at the same rate as delivery of like item(s) called for under the contract, unless the parties agree otherwise.

f. Subject to the limitations contained in this clause, the Government may exercise this option on one or more occasions.

g. Offered Unit Prices for the Option Quantities are:

Unit Price

Evaluated Option

(F.O.B. Destination 52.247-34) $ CLIN -1-

$ CLIN -2-

$ CLIN -3-

$ CLIN -4-

$ CLIN -5-

$ CLIN -6-

$ CLIN -7

Varying prices may be offered for the option quantities depending on the quantities actually ordered and the dates when ordered. Inasmuch as the unit price for the basic quantity may contain starting, load, testing, tooling, transportation or other costs not applicable to option quantities, offerors are requested to take these factors into consideration while setting forth the unit price(s) for the option quantities. The option price is expected (but not required) to be lower than the unit price for the initial quantity.

(End of Clause)

52.0000-4834 AMC-LEVEL PROTEST PROGRAM

(LS7000) May 2014

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible Contracting Officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send protests (other than protests to the Contracting Officer) to:

Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840 e-mail: usarmy.redstone.usamc.mbx.protests@mail.mil

The AMC-level protest procedures are found at:

www.amc.army.mil/pa/commandcounsel.asp

If Internet access is not available, contact the Contracting Officer or HQ, AMC Office of Command Counsel to obtain the AMC-Level Protest Procedures.

(End of Notice)

52.0000-4934 DISCLOSURE OF UNIT PRICE INFORMATION (JUN 2005)

This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23,1987), of our intention to release unit prices of the awardee in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the Contracting Officer is notified of your objection to such release prior to submission of initial proposals. (End of clause) (PADDS AS7909)

(TACOM-RI 52.204-4505)

(End of Notice)

52.0000-4943 NOTIFICATION OF VENDOR PERFORMANCE EVALUATION (Feb 2011)

This contract will be evaluated on vendor performance in the following categories: Overall, Product/Service Quality, Compliance with Contract, Delivery Schedule Met, and Performance within Price Range. A letter will be sent if performance of the contract is “Unsatisfactory” in any category. Copies of the Vendor Performance File can be requested for review. Send requests for Vendor Performance Files to the Contract Specialist listed on the first page of the solicitation/contract.

(End of Notice)

52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 365. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/;

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulations Supplement, Department of Defense (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

End of Addendum to 52.212-4 Contract Terms and Conditions- Commercial Items (MAY 2015)

(End of Summary of Changes)