W909MY21R0010-0001.pdf

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

2. Amendment/Modification No.

3. Effective Date

4. Requisition/Purchase Req No.

5. Project No. (If applicable)

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

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

9A. Amendment Of Solicitation No.

9B. Dated (See Item 11)

10A. Modification Of Contract/Order No.

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

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

12. Accounting And Appropriation Data (If required)

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

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

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

The Contract/Order No. In Item 10A.

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

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

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

D. Other (Specify type of modification and authority)

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

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

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

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

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

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

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

NSN 7540-01-152-8070

PREVIOUS EDITIONS UNUSABLE

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

Prescribed by GSA FAR (48 CFR) 53.243

SEE SCHEDULE

X

Firm Fixed Price

0001 2021JUN17

W909MY

ARMY CONTRACTING CMD-APG

10205 BURBECK RD

FORT BELVOIR, VA 22060-5811

KIM J. DE PEIZA

EMAIL: KIM.J.DEPEIZA.CIV@MAIL.MIL

W909MY-21-R-0010

2021MAY28

X

X 2021JUL09 03:00pm

/SIGNED/

2 signed

SEE SECOND PAGE FOR DESCRIPTION

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CONTINUATION SHEET

Reference No. of Document Being Continued Page of

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION A - SUPPLEMENTAL INFORMATION

Buyer Name: KIM J. DE PEIZA

Buyer Office Symbol/Telephone Number: CCAP CCV/(703)704-0825

Type of Contract 1: Firm Fixed Price

Kind of Contract: Supply Contracts and Priced Orders

*** End of Narrative A0000 ***

1. Purpose. This Amendment 0001 document is to provide additional information and answer questions from industry regarding

Solicitation W909MY21R0010 (3kW Tactical Quiet Generator production).

2. General Notes.

a. The Government has made every effort to ensure this information is consistent with all parts of the Solicitation. In the case of conflict between this document and any portion of the Solicitation, this document takes precedence. That said, if offerors believe they have identified a conflict between this document and any other portion of the solicitation, they should notify the Contracting

Officer before the due date for proposals. (Otherwise, the Offeror may be subject to the Governments interpretation of the Solicitation.

b. Along with this Amendment 0001, the Government has amended: the Solicitation, the Price Model, and the Purchase Description.

Price Model is Attachment 0004, Purchase Description in Attachment 0002

2. Due Date for Proposals. To allow for additional time to consider the below information, the Government is affording Offerors additional time to submit proposals. The Solicitation has been amended accordingly. Extend the due date for proposals to 9 JUL 2021.

3. FAT Clarification. The below information is intended to answer Offerors questions regarding First Article/Production Qualification

Testing:

a. The only items subject to First Article/Production Qualification Testing are the 3kW TQGs themselves (which is consistent with the Solicitation and Purchase Description (PD)). Regarding the party conducting the testing (Government conducted vs. Contractor conducted) the 3kW TQGs are subject to contractor-conducted FAT testing. FAR Clause 52.209-3 (First Article Approval Contractor

Testing) is contained in full text in Section I of the Solicitation.

b. For clarity, the FAT testing as referenced in the Solicitation is the same as the Production Qualification Testing (PQT) referred to in the Purchase Description (PD) and Statement of Work. For example, the six PQT generator sets referenced in the amended

PD are the same six FAT units referenced in the Solicitation. As another example, where Page 2 of the Solicitation states All testing, including First Article Testing (FAT) will be conducted IAW the PDs & SOW that means that the First Article Testing will be conducted in accordance with Sections 3.2.2, 4, 6.5 etc. of the PD (each section referring to PQT). This includes but is not limited to the Table I-

Test Schedule in the PD. As a final example, when the FAT clause in the Solicitation mentions a first article test report, that is CDRL

A004, which is named the Production Qualification Test (PQT) Report. The PD has been updated to ensure the quantity for FAT/PQT (six

TQGs) is consistent with the Solicitation. In sum, the term First Article and Production Qualification should be considered the same for this Solicitation.

c. The six initial units that will undergo FAT/PQT are not a separately priced CLIN. Rather, these six units will be ordered at the Ordering Year 1 prices. If an Offeror desires to incorporate additional pricing to cover the actual contractor-conducted FAT/PQT testing (beyond the hardware costs of the initial six FAT generator sets themselves), the Offeror should split those costs between CDRL

A003 (CLIN 0012AA) and A004 (CLIN 0012AB) in the Price Model. (A003 is the Production Qualification Test (PQT) Plan and A004 is the

Production Qualification Test (PQT) Report). For example, if an Offeror desires to be paid $70K for FAT/PQT costs (in addition to the price of the six actual FAT hardware items), that Offeror should propose CDRL A003 at $35K FFP and A004 at $35K FFP. These CDRL prices accounting for the FAT/PQT will then be included in the Total Evaluated Price.

d. Regarding FAT waivers, in accordance with FAR Clause 52.209-3(h), the Government may waive the requirement for FAT/PQT for any

Offeror that has previously furnished 3kW TQGs to the Government. Offerors in this situation should include a FAT/PQT waiver request in their technical volume (this can be as simple as a sentence or two, but should be clearly marked/identifiable). However, those Offerors must still submit all proposal materials (technical volume and pricing) as though the Offerors will be required to undergo FAT/PQT (i.e.

propose as though no FAT/PQT waiver would be granted, which ensures Offerors are competing on an equal basis). If the Government approves the requested FAT/PQT waiver, the Government will change any proposed FAT/PQT costs (which should be at CDRL A003 and A004 in the Price Model) to $0/NSP for award purposes. The Government may not notify an Offeror of the decision on a FAT/PQT waiver until the time of award (successful Offeror) and/or debriefing (unsuccessful Offeror).

4. Power Distribution Unit (PDU).

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W909MY-21-R-0010

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

a. The PDU is not subject to formal FAT or PQT testing. However, this does not relieve the Contractor from complying with all requirements of the specifications for this item. The Government may perform, at Government expense, any inspection procedure necessary to determine if the PDU complies with contractual requirements. Like all fixed price supply contracts, non-conforming items may be rejected by the Government. In an effort to reduce the risk to Offerors for non-conforming supplies, the Government has provided an example of a commercially available PDU that may be proposed. Note that the corrected model number for this item is: GEN-2014101TN-8PT. _________________

b. A vendor asked about the ability to propose on only the PDU portion of the contract. The Government will not consider proposals that do not include production of the 3kW TQG, as that is the primary purpose of the contract.

5. Additional Q&As (not Related to FAT or PDU, as those topics are addressed above).

Question 1: As this procurement is a Total Small Business Set-Aside, can the Government incorporate FAR

52.232-16 Progress Payments as part of the final solicitation?

Answer 1: Yes, FAR 52.232-16, Progress Payments (DEVIATION 2020-O0010) 252.232-7004 and DoD Progress

Payment Rates (DEVIATION 2020-O0010) are now included.

Question 2: Section L.2.1.5 provides that the Offerors shall provide a copy of the proposed Quality

Assurance plan (CDRL A008). The Offeror shall provide its proposed Qualification Test Plan (CDRL A003). Are the

Quality Assurance Plan and Test Plan exempted from the Tech Volume page Limitation? Are they intended to be submitted as attachments?

Answer 2: Section L.2.1.5 has been updated to indicate the Offeror shall describe the proposed plans.

These descriptions are not exempted from the Technical Volume page limit of 50 pages. They may be formatted and/or submitted as an attachment, but will be counted against page limit for technical volume.

Question 3: We are attempting to bid on this referenced Solicitation. A Source Control drawing, Dwg.

No. 98-19634 Rev. H, was included in the TDP for the referenced Solicitation. This drawing identifies two sources of supply, Fermont (CAGE: 93742) and CE Niehoff (CAGE: 76761) for the 3 KW Permanent Magnet Alternator. The first source, Fermont, became Leonardo DRS, who then discontinued the business and no longer manufacturers this part.

The second source CE Niehoff has told us that they will not quote us and that they will only quote their OEMs. Is there an acceptable alternate source available for the 3 KW Permanent Magnet Alternator?

Answer 3: No, there is currently no alternate source for this component. The Government has contacted C.E. Niehoff Co. and the company has agreed to quote this part for all Offerors proposing on the 3kW TQG

Solicitation. The Government recommends re-contacting CE Niehoff at this time and conveying that your firm is proposing to a Solicitation for the 3kW TQG. If an Offeror is still unsuccessful with C.E. Niehoff Co., please let the Contracting Officer know as soon as possible.

Question 4: Can you provide some insight on how to submit a proposal via SAM.gov? I tried doing a search in the help section of SAM.gov but havent found instructions for submissions/uploads.

Answer 4: If an Offeror has difficulty submitting a proposal via SAM for any reason, the Offeror may submit the proposal through DoD SAFE (https://safe.apps.mil/ ). See Solicitation for additional instructions, mainly that Offerors shall request a DoD SAFE drop-off link at least 5 days prior to the proposal due date.

Request shall be sent to Contract Specialist, Ms. Kim de Peiza (kim.j.depeiza.civ@mail.mil), and the Contracting

Officer, Ms. Rosetta Wisdom-Russell (rosetta.wisdom-russell.civ@mail.mil).

Question 5: Please advise how many of TQGs, Model MEP 831A do need to order?

Answer 5: The Government does not understand this question. This Solicitation is for an IDIQ contract that will permit the Government to order any quantity between 6 and 750 TQGs (i.e. the minimum guarantee and maximum order quantity).

Question 6: Is this 3kW generator Solicitation also called the 3kW STEP Program?

Answer 6: No. These are separate efforts. This Solicitation is to obtain additional quantities of the current/existing 3kW Tactical Quiet Generators (TQGs). The Solicitation also has within its scope the changing of parts/components to improve reliability and/or to avoid obsolescence (this is called the retrofit kit/improvement kit in this current Solicitation). The STEP 3kW is a new/separate modernization program and is not part of this RFP. One of the main differences is this Solicitation is a build-to-print type effort for the current TQG generator design, whereas the STEP 3kW program will be a new development effort where completely new designs may be considered.

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Question 7: In PD 6115-0076D, dated 20 December 2019, on Page 33, Note 1 states: Tests shall be conducted with the 120/240-volt connection, unless otherwise indicated. The Government reserves the right to reject the set for not meeting any requirement of this specification even through not performing a test directly related to the specific requirement. The Humidity Test described listed in Table I, page 32, specifies Test

Methods described in Paragraph 4.8.2.20 of PD 6115-0076D and Test Method TM 711.1 of MIL-STD-705. In neither of the test methods specified is the voltage connection mentioned. Therefore, can we assume from Note 1 that the

Humidity Test is to be performed only at the 120/240-volt connection?

Answer 7: Yes, the humidity test is to be performed only with the 120/240-volt connection.

Question 8: The Solicitation notes that the Inspection and Acceptance of the TQG is marked as

Destination for both however Attachment 0004 denotes the Inspection and Acceptance as Source. Please clarify as to which is correct.

Answer 8: For this contract, Inspection and Acceptance shall be at Origin, but the shipping to the identified location (or any same-cost shipping location) is the responsibility of the contractor and at contractor expense (i.e, Free on Board (FOB) Designation). This arrangement is permitted by FAR 47.302(c)(2) and benefits both the Contractor and Government. The Price Model is therefore correct; the Solicitations CLINS for hardware have been updated accordingly.

Question 9: Section M, Paragraph 3d states The Government may use data provided by the Offeror in its proposal and data obtained from other sources, including data in Government files or data obtained through interviews with personnel familiar with the contractor and their current and past performance under Federal, State or Local government or commercial contracts for same or similar services as compared to the North American

Industry Classification System (NAICS) 334511 however the solicitation is being procured under NAICS 335312 -

Motor and Generator Manufacturing. Please clarify this discrepancy between the procurement NAICS and the evaluation NAICS.

Answer 9: Section M, Paragraph 3d has been updated to state:

The Government may use data provided by the Offeror in its proposal and data obtained from other sources, including data in Government files or data obtained through interviews with personnel familiar with the contractor and their current and past performance under Federal, State or Local government or commercial contracts for same or similar services as compared to the North American Industry Classification System (NAICS)

335312.

9. Contract Line Items (CLINs) have been updated to reflect Inspection and Acceptance at Origin. FOB Destination is retained for shipping, and FAR Clause 52.247-34 (F.O.B. Destination) has been added.

10. The following clauses were added: FAR 52.232-16, Progress Payments (DEVIATION 2020-O0010) and DFARS 252.232-7004, DoD Progress

Payment Rates (DEVIATION 2020-O0010).

11. Section L, paragraph L.2.1.5 was updated FROM Offerors "shall provide" the Quality Assurance plan (CDRL A008) and Qualification

Test Plan (CDRL A003), to reflect "Offerors shall describe the Quality Assurance plan and Qualification Test Plan". These descriptions are not exempted from the Technical Volume page limit of 50 pages. They may be formatted and/or submitted as an attachment, but will be counted against page limit for technical volume.

12. Contract Data Requirements Lists (CDRLS) in Section B naming was changed to reflect the naming/numbering in the Price Model.

13. New CLIN 0012AA and 0012AB were added to allow for pricing for CDRL A003 and A004 (PQT Test Plan) and PQT Test Report) to be separately priced.

*** END OF NARRATIVE A0002 ***

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Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

0001 3KW GENERATORS-YR 1 $ $ ___________________ ______________ __________________

COMMODITY NAME: YEAR 1

CLIN CONTRACT TYPE:

Firm Fixed Price

Packaging and Marking _____________________

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

0002 POWER DISTRIBUTION UNITS YEAR 1 $ $ _______________________________ ______________ __________________

COMMODITY NAME: POWER DISTRIBUTION

CLIN CONTRACT TYPE:

Firm Fixed Price

Packaging and Marking _____________________

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

0003 3KW GENERATORS-YR2 $ $ __________________ ______________ __________________

COMMODITY NAME: GENERATORS

CLIN CONTRACT TYPE:

Firm Fixed Price

Packaging and Marking _____________________

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

0004 POWER DSITRIBUTION $ $ __________________ ______________ __________________

COMMODITY NAME: POWER DISTRIBUTION

CLIN CONTRACT TYPE:

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Reference No. of Document Being Continued

MOD/AMD

Firm Fixed Price

Packaging and Marking _____________________

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

0005 3KW GENERATORS-YR3 $ $ __________________ ______________ __________________

COMMODITY NAME: GENERATORS

CLIN CONTRACT TYPE:

Firm Fixed Price

Packaging and Marking _____________________

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

0006 POWER DISTRIBUTION -YR3 $ $ _______________________ ______________ __________________

COMMODITY NAME: POWER DISTRIBUTION

CLIN CONTRACT TYPE:

Firm Fixed Price

Packaging and Marking _____________________

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

0007 3KW GENERATOR-YR 4 $ $ __________________ ______________ __________________

COMMODITY NAME: GENERATOR

CLIN CONTRACT TYPE:

Firm Fixed Price

Packaging and Marking _____________________

Inspection and Acceptance _________________________

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Reference No. of Document Being Continued

MOD/AMD

INSPECTION: Origin ACCEPTANCE: Origin

0008 POWER DISTRIBUTION -YR4 $ $ _______________________ ______________ __________________

COMMODITY NAME: POWER DISTRIBUTION

CLIN CONTRACT TYPE:

Firm Fixed Price

Packaging and Marking _____________________

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

0009 3KW GENERATORS - YR5 $ $ ____________________ ______________ __________________

COMMODITY NAME: GENSETS

CLIN CONTRACT TYPE:

Firm Fixed Price

Packaging and Marking _____________________

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

0010 POWER DISTRIBUTION-YR5 $ $ ______________________ ______________ __________________

COMMODITY NAME: POWER DISTRIBUTION

CLIN CONTRACT TYPE:

Firm Fixed Price

Packaging and Marking _____________________

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

0011 CDRL DESCRIPTION ________________

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Reference No. of Document Being Continued

MOD/AMD

A001 CONFIGURATION MANAGEMENT PLAN $ ** NSP ** _____________________________ __________________

SERVICE REQUESTED: DI-CMAN-80858A

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

A002 CONFIGURATION CONTROL DOCUMENT $ ** NSP ** ______________________________ __________________

SERVICE REQUESTED: DI-MISC-80711A

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

A003 DELETED _______

A004 DELETED _______

A005 TEST INCIDENT REPORTS $ ** NSP ** _____________________ __________________

SERVICE REQUESTED: DI-MISC-80711A

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

A006 FAILED ITEM ANALYSIS REPORTS $ ** NSP ** ____________________________ __________________

SERVICE REQUESTED: DI-MISC-80711A

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

A007 PHYSICAL CONFIGURATION AUDIT (PCA) REPORT $ ** NSP ** _________________________________________ __________________

SERVICE REQUESTED: DI-CMAN-81022

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MOD/AMD

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

A008 QUALITY ASSURANCE PLAN $ ** NSP ** ______________________ __________________

SERVICE REQUESTED: DI-MISC-80711A

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

A009 PRODUCTION FORECAST $ ** NSP ** ___________________ __________________

SERVICE REQUESTED: DI-MGMT-80034

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

A010 COMPONENT WARRANTY LIST $ ** NSP ** _______________________ __________________

SERVICE REQUESTED: DI-MISC-80711A

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

A011 DESIGN CHANGE NOTICE $ ** NSP ** ____________________ __________________

SERVICE REQUESTED: DI-ALSS-81529

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

A012 CHANGES TO REPAIR PARTS & SPECIAL TOOLS LIST $ ** NSP ** ____________________________________________ __________________

SERVICE REQUESTED: DI-MISC-80711A - RPSTL

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

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Reference No. of Document Being Continued

MOD/AMD

A013 TM 9-6115-639-13&P- CHANGES TO ELECTRONIC TM $ ** NSP ** ____________________________________________ __________________

SERVICE REQUESTED: DI-MISC-80711A

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

A014 TM 9-6115-639-13&P-CHANGES TO MAC $ ** NSP ** _________________________________ __________________

SERVICE REQUESTED: DI-MISC-80711A

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

A015 3KW FAMILY TREE-60HZ $ ** NSP ** ____________________ __________________

SERVICE REQUESTED: DI-MISC-80508B

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

A016 CONFERENCE MINUTES $ ** NSP ** __________________ __________________

SERVICE REQUESTED: DI-ADMN-81250B

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

A017 POST AWARD MEETING $ ** NSP ** __________________ __________________

SERVICE REQUESTED: MEETING

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

A018 STATUS REPORTS $ ** NSP ** ______________ __________________

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MOD/AMD

SERVICE REQUESTED: STATUS REPORTS

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

A019 BRIEFINGS $ ** NSP ** _________ __________________

SERVICE REQUESTED: BRIEFINGS

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

A020 ENGINEERING CHANGE PROPOSAL $ ** NSP ** ___________________________ __________________

SERVICE REQUESTED: ENGINEERING CHANGE PROPOSAL

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

A021 COORDINATION WITH ARSENALS $ ** NSP ** __________________________ __________________

SERVICE REQUESTED: DI-MISC_80711A

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

0012 CDRL A003

0012AA PRODUCTION QUALIFICATION TEST (PQT) PLAN (SAME AS _________________________________________________

FAT PLAN) $ _________ __________________

SERVICE REQUESTED: CDRL A003

CLIN CONTRACT TYPE:

Firm Fixed Price

PQT Plan Account for non-hardware FAT/PQT price.

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MOD/AMD

(End of narrative B001)

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

0012AB PRODUCTION QUALIFICATION TEST REPORT $ ____________________________________ __________________

SERVICE REQUESTED: CDRL A004

CLIN CONTRACT TYPE:

Firm Fixed Price

PQT Report Account for non-hardware FAT/PQT price.

(End of narrative B001)

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

1001 3KW GENERATOR OPTION YEAR 1 $ $ ____________________________ ______________ __________________

COMMODITY NAME: OPTION YR 1

Packaging and Marking _____________________

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

1002 POWER DISTRIBUTION UNITS $ $ ________________________ ______________ __________________

COMMODITY NAME: OPTION YR 1

CLIN CONTRACT TYPE:

Firm Fixed Price

Packaging and Marking _____________________

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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

1003 3KW GENERATORS-YR 2 $ $ ___________________ ______________ __________________

COMMODITY NAME: YEAR 2

CLIN CONTRACT TYPE:

Firm Fixed Price

Packaging and Marking _____________________

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

1004 POWER DISTRIBUTION UNITS YR2 $ $ ____________________________ ______________ __________________

COMMODITY NAME: OPTION YR 2

CLIN CONTRACT TYPE:

Firm Fixed Price

Packaging and Marking _____________________

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

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SECTION F - DELIVERIES OR PERFORMANCE

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

F-1 ADDED 52.247-34 F.O.B. DESTINATION NOV/1991

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SECTION I - CONTRACT CLAUSES

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

I-1 CHANGED 52.209-3 FIRST ARTICLE APPROVAL -- CONTRACTOR TESTING SEP/1989

(a) The Contractor shall test 6 unit(s) of Lot/Item 3kw Generators for First Article Testing(FAT)as specified in this contract. At least

10 calendar days before the beginning of first article tests, the Contractor shall notify the Contracting Officer, in writing, of the time and location of the testing so that the Government may witness the tests.

(b) The Contractor shall submit the first article test report within 293 calendar days from the date of this contract to -TBD- marked

First Article Test Report: Contract No. ___, Lot/Item No. ___. Within -6- calendar days after the Government receives the test report, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall repeat any or all first article tests. After each request for additional tests, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall then conduct the tests and deliver another report to the

Government under the terms and conditions and within the time specified by the Government. The Government shall take action on this report within the time specified in paragraph (b) above. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule, or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article report on time, or the Contracting Officer disapproves any first article, the

Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, and if the approved first article is not consumed or destroyed in testing, the Contractor may deliver the approved first article as part of the contract quantity if it meets all contract requirements for acceptance.

(f) If the Government does not act within the time specified in paragraph (b) or (c) above, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for

(1) progress payments, or

(2) termination settlements if the contract is terminated for the convenience of the Government.

(h) The Government may waive the requirement for FAT/PQT for any Offeror that has previously furnished 3kW TQGs to the Government.

Offerors in this situation should include a FAT/PQT waiver request in their technical volume (this can be as simple as a sentence or two, but should be clearly marked/identifiable). However, those Offerors must still submit all proposal materials (technical volume and pricing) as though the Offerors will be required to undergo FAT/PQT (i.e. propose as though no FAT/PQT waiver would be granted, which ensures Offerors are competing on an equal basis). If the Government approves the requested FAT/PQT waiver, the Government will change any proposed FAT/PQT costs (which should be at CDRL A003 and A004 in the Price Model) to $0/NSP for award purposes. The Government may not notify an Offeror of the decision on a FAT/PQT waiver until the time of award (successful Offeror) and/or debriefing (unsuccessful

Offeror).

(End of Clause)

I-2 CHANGED 52.232-16 PROGRESS PAYMENTS (DEVIATION 2020-O0010) JUN/2020

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:

(a) Computation of amounts.

(1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 90 percent of the

Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The

Contracting Officer will consider cost of money that would be allowable under Federal Acquisition Regulation (FAR) 31.205-10 as an

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incurred cost for progress payment purposes.

(2) The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors--

(i) In accordance with the terms and conditions of a subcontract or invoice; and

(ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.

(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless-

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).

(4) The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause:

(i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.

(ii) Costs incurred by subcontractors or suppliers.

(iii) Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of such costs.

(iv) Payments made or amounts payable to subcontractors or suppliers, except for--

(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and

(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.

(5) The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including allowable unliquidated progress payments to subcontractors) nor (ii) the value, for progress payment purposes, of the incomplete work.

Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the

Contractor and acceptance by the Government are incomplete.

(6) The total amount of progress payments shall not exceed 90 percent of the total contract price.

(7) If a progress payment or the unliquidated progress payments exceed the amounts permitted by subparagraphs (a)(4) or (a)(5) above, the Contractor shall repay the amount of such excess to the Government on demand.

(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The Contracting Officer may make exceptions.

(9) The costs applicable to items delivered, invoiced, and accepted shall not include costs in excess of the contract price of the items.

(b) Liquidation. Except as provided in the Termination for Convenience of the Government clause, all progress payments shall be liquidated by deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 90 percent of the amount invoiced, whichever is less. The Contractor shall repay to the Government any amounts required by a retroactive price reduction, after computing liquidations and payments on past invoices at the reduced prices and adjusting the unliquidated progress payments accordingly. The Government reserves the right to unilaterally change from the ordinary liquidation rate to an alternate rate when deemed appropriate for proper contract financing.

(c) Reduction or suspension. The Contracting Officer may reduce or suspend progress payments, increase the rate of liquidation, or take a combination of these actions, after finding on substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (f) and (g) below).

(2) Performance of this contract is endangered by the Contractor's (i) failure to make progress or (ii) unsatisfactory financial condition.

(3) Inventory allocated to this contract substantially exceeds reasonable requirements.

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(4) The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of business.

(5) The fair value of the undelivered work is less than the amount of unliquidated progress payments for that work.

(6) The Contractor is realizing less profit than that reflected in the establishment of any alternate liquidation rate in paragraph

(b) above, and that rate is less than the progress payment rate stated in subparagraph (a)(1) above.

(d) Title.

(1) Title to the property described in this paragraph (d) shall vest in the Government. Vestiture shall be immediately upon the date of this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

(2) Property, as used in this clause, includes all of the below-described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices.

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, and other similar manufacturing aids, title to which would not be obtained as special tooling under subparagraph (ii) above; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract, e.g., the termination clauses, shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract without requesting the Contracting Officer's approval, but the proceeds shall be credited against the costs of performance.

(5) To acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor must obtain the Contracting Officer's advance approval of the action and the terms. The Contractor shall (i) exclude the allocable costs of the property from the costs of contract performance, and (ii) repay to the Government any amount of unliquidated progress payments allocable to the property. Repayment may be by cash or credit memorandum.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all progress payments, title shall vest in the Contractor for all property (or the proceeds thereof) not--

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the

Government under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the

Government acquired title solely under this clause.

(e) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. The Contractor shall repay the Government an amount equal to the unliquidated progress payments that are based on costs allocable to property that is lost (see 45.101).

(f) Control of costs and property. The Contractor shall maintain an accounting system and controls adequate for the proper administration of this clause.

(g) Reports, forms, and access to records.

(1) The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information (including estimates to complete) reasonably requested by the Contracting Officer for the administration of this clause. Also, the Contractor shall give the Government reasonable opportunity to examine and verify the Contractor's books, records, and accounts.

(2) The Contractor shall furnish estimates to complete that have been developed or updated within six months of the date of the progress payment request. The estimates to complete shall represent the Contractor's best estimate of total costs to complete all remaining contract work required under the contract. The estimates shall include sufficient detail to permit Government verification.

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(3) Each Contractor request for progress payment shall:

(i) Be submitted on Standard Form 1443, Contractor's Request for Progress Payment, or the electronic equivalent as required by agency regulations, in accordance with the form instructions and the contract terms; and

(ii) Include any additional supporting documentation requested by the Contracting Officer.

(h) Special terms regarding default. If this contract is terminated under the Default clause, (i) the Contractor shall, on demand, repay to the Government the amount of unliquidated progress payments, and (ii) title shall vest in the Contractor, on full liquidation of progress payments, for all property for which the Government elects not to require delivery under the Default clause. The Government shall be liable for no payment except as provided by the Default clause.

(i) Reservations of rights.

(1) No payment or vesting of title under this clause shall (i) excuse the Contractor from performance of obligations under this contract or (ii) constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause (i) shall not be exclusive but rather shall be in addition to any other rights and remedies provided by law or this contract and (ii) shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(j) Financing payments to subcontractors. The financing payments to subcontractors mentioned in paragraphs (a)(1) and (a)(2) of this clause shall be all financing payments to subcontractors or divisions, if the following conditions are met:

(1) The amounts included are limited to--

(i) The unliquidated remainder of financing payments made; plus

(ii) Any unpaid subcontractor requests for financing payments.

(2) The subcontract or interdivisional order is expected to involve a minimum of approximately 6 months between the beginning of work and the first delivery; or, if the subcontractor is a small business concern, 4 months.

(3) If the financing payments are in the form of progress payments, the terms of the subcontract or interdivisional order concerning progress payments--

(i) Are substantially similar to the terms of this clause for any subcontractor that is a large business concern, or this clause with its Alternate I for any subcontractor that is a small business concern;

(ii) Are at least as favorable to the Government as the terms of this clause;

(iii) Are not more favorable to the subcontractor or division than the terms of this clause are to the Contractor;

(iv) Are in conformance with the requirements of FAR 32.504(e); and

(v) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the

Government's right to require delivery of the property to the Government if--

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(4) If the financing payments are in the form of performance-based payments, the terms of the subcontract or interdivisional order concerning payments--

(i) Are substantially similar to the Performance-Based Payments clause at FAR 52.232-32 and meet the criteria for, and definition of, performance-based payments in FAR Part 32;

(ii) Are in conformance with the requirements of FAR 32.504(f); and

(iii) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the

Government's right to require delivery of the property to the Government if--

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(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(5) If the financing payments are in the form of commercial item financing payments, the terms of the subcontract or interdivisional order concerning payments--

(i) Are constructed in accordance with FAR 32.206(c) and included in a subcontract for a commercial item purchase that meets the definition and standards for acquisition of commercial items in FAR Parts 2 and 12;

(ii) Are in conformance with the requirements of FAR 32.504(g); and

(iii) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the

Government's right to require delivery of the property to the Government if--

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(6) If financing is in the form of progress payments, the progress payment rate in the subcontract is the customary rate used by the contracting agency, depending on whether the subcontractor is or is not a small business concern.

(7) Concerning any proceeds received by the Government for property to which title has vested in the Government under the subcontract terms, the parties agree that the proceeds shall be applied to reducing any unliquidated financing payments by the Government to the

Contractor under this contract.

(8) If no unliquidated financing payments to the Contractor remain, but there are unliquidated financing payments that the Contractor has made to any subcontractor, the Contractor shall be subrogated to all the rights the Government obtained through the terms required by this clause to be in any subcontract, as if all such rights had been assigned and transferred to the Contractor.

(9) To facilitate small business participation in subcontracting under this contract, the Contractor shall provide financing payments to small business concerns, in conformity with the standards for customary contract financing payments stated in FAR 32.113. The

Contractor shall not consider the need for such financing payments as a handicap or adverse factor in the award of subcontracts.

(k) Limitations on undefinitized contract actions. Notwithstanding any other progress payment provisions in this contract, progress payments may not exceed 80 percent of costs incurred on work accomplished under undefinitized contract actions. A contract action is any action resulting in a contract, as defined in subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes. This limitation shall apply to the costs incurred, as computed in accordance with paragraph (a) of this clause, and shall remain in effect until the contract action is definitized. Costs incurred which are subject to this limitation shall be segregated on Contractor progress payment requests and invoices from those costs eligible for higher progress payment rates. For purposes of progress payment liquidation, as described in paragraph (b) of this clause, progress payments for undefinitized contract actions shall be liquidated at 80 percent of the amount invoiced for work performed under the undefinitized contract action as long as the contract action remains undefinitized. The amount of unliquidated progress payments for undefinitized contract actions shall not exceed 80 percent of the maximum liability of the Government under the undefinitized contract action or such lower limit specified elsewhere in the contract. Separate limits may be specified for separate actions.

(l) Due date. The designated payment office will make progress payments on the 30th day after the designated billing office receives a proper progress payment request.