W911N2-16-R-0014-U0003.pdf

RANDY ALLISON

717-267-5216

LETTERKENNY CONTRACTING OFFICE - ACC

1 OVERCASH AVENUE CCAM-DPD BLDG 2S

CHAMBERSBURG PA 17201-4150

A5D30051550055

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

To extend the solicitation thru 12:30pm on Friday, 1 April 2016 to allow interested vendors to quote, from and to correct the PWS to incorporate changes resulting from vendor questions.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 11

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

16C. DATE SIGNED

BY 18-Mar-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 W911N2-16-R-0014

X 9B. DATED (SEE ITEM 11)

03-Nov-2015

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 1 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

18-Mar-2016

CODE

LETTERKENNY ARMY DEPOT

LETTERKENNY CONTRACTING OFFICE - ACC

1 OVERCASH AVENUE, ATTN: CCAM-ALK, BLDG 2S

CHAMBERSBURG PA 17201-4150

W911N2 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE W911N2

FACILITY CODECODE

EMAIL:TEL:

W911N2-16-R-0014

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 03-Feb-2016 12:30 PM to 01-Apr-2016 12:30 PM.

The following have been modified:

PWS

PERFORMANCE WORK STATEMENT

FOR

CAST IMPREGNATION OF PARTS

1.0 General:

1.1 Scope: The contractor shall provide all personnel, equipment, tools, materials, supervision, quality control and other items and non-personal services necessary to perform impregnation of cast parts for Letterkenny Army Depot (LEAD), Chambersburg, PA as defined in this PWS, except as specified in Paragraph 3.0 as Government Furnished.

The contractor shall perform to the standards in this contract. The PWS includes this document and the fifteen drawings of parts listed in Paragraph 3.1 as well as in Technical Exhibit 2.

1.2 Background: The cast parts concerning this service are copper/brass manifolds. They are components of a missile platform’s coolant system. They require impregnation because, in being cast, these manifolds tend to leak coolant once the missile system is deployed in the field – rendering the system inoperable. Letterkenny requires all their cast parts, which is a set of five per coolant system, to be impregnated in order to prevent any and all leakage.

This impregnation of cast parts is a vital service for LEAD’s production efforts. See Technical Exhibit 2 for a listing of the five parts that comprise a set. Estimated requirement is 5 sets per month and 60 sets per year. These are estimates only. Actual requirements may fluctuate.

1.3 Period of Performance (PoP): The Period of Performance shall be one Base Year of 12 months and four 12-month option years. The Period of Performance will be determined at time of award.

1.4 General Information:

1.4.1 Quality Control (QC): The contractor shall develop and maintain an effective QC program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QC program is the means by which it assures itself that its work complies with the requirements of the contract. As a minimum, the contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary.

1.4.2 Quality Assurance (QA): The Government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) (defect rate(s)).

1.4.2.1 Warranty and Operations/Maintenance Instructions: The contractor shall warrant work in accordance with their best standard commercial warranty and supply a copy of this warranty with the proposal. The contractor must comply with all Quality Assurance requirements given in the cite specifications.

1.4.2.2 Inspection and Acceptance: All impregnated parts will be inspected by LEAD’s Quality Assurance (QA) Personnel for finished dimensions and quality of the impregnation. Impregnated parts will be accepted only if they are found to be in compliance with the requirements given in MIL-STD-276A. Parts that do not meet the acceptance criteria for the impregnation will be returned to the contractor for corrective action at the contractor’s expense.

1.4.3 Recognized Holidays: The following are recognized US holidays and the date for each can be found at the following website: http://www.opm.gov/Operating_Status_Schedules/fedhol/Index.asp . Information is provided for shipping purposes to ensure the contractor is aware when the Depot is not open for operations and shipments will not be accepted:

1.4.3.1 New Year’s Day

1.4.3.2 Martin Luther King, Jr.’s Birthday

1.4.3.3 President’s Day

1.4.3.4 Memorial Day

1.4.3.5 Independence Day

1.4.3.6 Labor Day

1.4.3.7 Columbus Day

1.4.3.8 Veteran’s Day

1.4.3.9 Thanksgiving Day

1.4.3.10 Christmas Day

1.4.3.11 When an observed holiday falls on a Tuesday or Thursday, the Depot regularly schedules a closure on the corresponding Monday or Friday.

1.4.4 Place and Performance of Services: The contractor will not be required to perform their services on a Government facility/installation. The component parts will be shipped to the contractor’s facility and the contractor shall perform all work at their own facility.

1.4.5 Security Requirements: If the contractor should ever require a site visit, the contractor and all associated subcontractor’s employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office.

Contractor workforce shall comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.6 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with Federal Acquisition Regulations Subpart 42.5. The KO, Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. Attendance is not limited to a physical meeting and may be conducted via telephone in lieu of a physical meeting. At these meetings, the Contacting Officer will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.7 Contract Manager (CM): The contactor shall provide a CM who shall ensure performance under this contract.

The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

1.4.8 Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs, as defined in FAR Subpart 9.5.

The contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI.

The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.4.9 Safety and Environmental: The contractor is responsible for conducting his operation IAW applicable safety and environmental laws, regulations and standards. The government will not be responsible for contractor operations not carried out IAW applicable safety and environmental laws, regulations and standards. Any surcharges related to safety or environmental compliance requirements must be included in the contractor’s per-item price.

2.0 Definitions and Acronyms:

2.1.1 CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2 CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government designated by the KO to monitor contractor performance. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4 DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5 DELIVERABLE. Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.6 KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7 PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8 QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10 QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11 SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12 WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.13 WORK WEEK. Monday through Friday, unless specified otherwise.

2.2 ACRONYMS:

AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense FAR Federal Acquisition Regulation KO Contracting Officer OCI Organizational Conflict of Interest ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government will provide the facilities, equipment, materials, and/or services listed below:

3.1 Parts to be impregnated: The following parts shall be double impregnated IAW MIL-STD-276A using impregnant IAW MIL-I-17563C:

11465687, rev. H, Hydraulic Manifold 11449142, rev. U, Hydraulic System Accessories Manifold 11449200, rev. N, Hydraulic System Accessories Manifold M7498, Heater Tube Manifold M7499, Heater Tube Manifold 11463577, rev. B, Hydraulic System Accessories Manifold 11463809, rev. B, Manifold Assembly

3.2 Cleaning: All parts shipped to the contractor shall be free of any liquid or solid organic materials. Prior to shipment to the contractor parts will be cleaned in an acid blend and inspected by LEAD personnel. If the contractor impregnates parts that are later found to contain oxidation, metal discoloration or presence of “O” ring or gasket residues as a result of improper initial cleaning and inspection by LEAD personnel prior to shipment, the contractor shall not be held liable for this failure. It is the Government’s responsibility to ensure parts are clean and ready for impregnation prior to shipment to the contractor. Contractor shall return parts with the same general appearance as received.

4.0 Contractor Furnished Property, Materials, Equipment (CFP/M/E):

4.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

5.0 Requirements:

5.1 Impregnation of Cast Parts: The parts listed in paragraph 3.1 shall be processed in accordance with MIL-I- 17563C and MIL-STD 276A in their entirety (this includes the standardized marking of parts that they have been impregnated). Drawings of the parts are attached (reference Technical Exhibit 2). Contractor shall be responsible for cleaning the parts listed in paragraph 3.1 with a vapor degreasing process.

5.2 Proof Pressure Test: Contractor shall provide a copy of the test procedure along with test data for each finished part. Testing procedures shall be IAW with MIL-STD-276A paragraph 4.10 Proof Pressure Test. Unless otherwise stated in MIL-STD-276A, the basis for Proof Pressure Testing shall be the normal working pressure of 200 psi (pounds per square inch).

5.3 Set-Up and Fixture Costs: The cost of any procedures, fixtures, or other equipment that may be needed to clean and impregnate the parts included in this Performance Work Statement must be included in the per-item price.

5.4 Shipment and Delivery: LEAD shall be responsible for shipping each manifold set to the contractor in a reusable shipment box and ensuring that all outgoing manifolds comply with this PWS. Contractor shall be responsible for return transportation/shipment. Contractor may reuse the packaging material(s) provided by the Government. Upon shipment, contractor shall provide tracking information to the LEAD contracting officer representative. The contractor shall receive no more than two sets every four working days with a total estimated annual quantity of 60 sets, as defined in technical exhibit 2. The contractor shall process and ship each set so that it arrives at LEAD within 14 working days of the contractor receiving the set.

5.5 FIRST ARTICLE TEST: Following award of contract and first delivery order, the contractor shall produce a first article of each item listed in Paragraph 3.1 for first article testing/acceptance by the Government. The techniques, equipment and chemicals used to produce the first articles shall be identical to those used for follow-on items.

5.5.1 Upon receipt of parts from LEAD, the contractor shall return first article test samples within 35 calendar days.

LEAD will evaluate all samples IAW Paragraph 1.4.2.2.

5.5.2 The contractor shall be given at least one opportunity to correct any deficiencies and resubmit additional first article test samples at no additional cost to the Government. If the contractor is unable to meet the first article testing requirements of the contract the contractor shall be deemed to have failed to make delivery within the meaning of the default per FAR 52.212-4(g).

5.6 CONTRACTOR MANPOWER REPORTING (CMR): The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract.

The contractor shall completely fill in all the information in the format using the following web address https://cmra.army.mil/Login.aspx. The required information includes: (1) Contracting Office, KO, Contracting Officer’s Technical Representative (COTR) or also known as the Contracting Officer’s Representative (COR); (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including sub-Contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub- Contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor’s system to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.

6.0 Applicable Publications: Publications applicable to this PWS are listed below:

Publication (Chapter / Page)

Date of Publication Mandatory or

Advisory

Website

MIL-STD-276A,

DEPARTMENT

OF DEFENSE DESIGN

CRITERIA:

IMPREGNATION OF

POROUS

NONFERROUS ;

30 DEC 1992 Mandatory http://quicksearch.dla.mil/

MIL-I-17563C,

MILITARY

SPECIFICATION:

IMPREGNANTS

FOR CAST OR POWER

METAL

COMPONENTS

18 SEP 1992 Mandatory http://quicksearch.dla.mil/

TECHNICAL EXHIBIT 1

Performance Requirements Summary

This Performance Requirements Summary includes performance standards. The Government will use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

PWS Paragraph

Task

Performance Standard

Acceptable Quality Levels

(AQL)

Surveillance Method / By Whom

5.5 First Article Test The contractor shall provide

first article test submissions IAW MIL-STD-276A, Proof Pressure Test described in paragraph 4.10. Submission must be returned to LEAD within 35 days of receipt of parts.

Meet standard 100%

100% inspection by LEAD’s Quality Assurance (QA) personnel.

5.1 Impregnate cast

parts on a routine basis (appx. 5 sets per month)

Impregnate parts IAW MIL-

STD-276A, MIL-I-17563C

and this PWS.

Meet standard 100%

Periodic inspection by COR and QA personnel

5.4 Return delivered

parts to LEAD

Parts shall be received at LEAD within 14 days after receipt of parts.

Meet standard 95%

100% inspection by COR

TECHNICAL EXHIBIT 2

Estimated Workload Data

Workload is estimated at 5 sets per month.

Each set consists of the parts listed in the following table.

Item Annual Estimated

Quantity Reference Drawing(s)

11465687, rev. H, Hydraulic Manifold

60 Manifolds per year

11465687 (5 sheets)

-OR- -OR-

11463577, rev. B, Hydraulic System Accessories Manifold

11463577 (6 sheets)

M7499, Heater Tube Manifold

60 Manifolds per year

M7499 (2 sheets)

-OR- -OR-

M7498, Heater Tube Manifold M7498 (2 sheets)

11449142, rev. U, Hydraulic System Accessories Manifold

60 Manifolds per year 11449142 (3 sheets)

11449200, rev. N, Hydraulic System Accessories Manifold

60 Manifolds per year 11449200 (1 sheet)

11463809, rev. B, Manifold Assembly

60 Manifolds per year 11463809 (1 sheet)

Total estimated quantity of 60 sets per year, including all part types, though this amount is subject to LEAD’s workload requirements.

In addition to the drawing(s) for each of the set parts, the following drawings are attached to this PWS for further Reference:

9975792 Bushing Sleeve (2 sheets) 11449231 Flange, Pipe, Relief Valve Seal (1 sheet) 11449307 Tubing, Copper Alloy (1 sheet) 11449363 Flange, Tube (1 sheet) 11449364 Ring, Tube (1 sheet) 11449367 Manifold, Heater Tube (1 sheet) 11449367 Manifold, Heater Tube (1 sheet) 11472871 Tube, Assembly (2 sheets)

52.209-4 FIRST ARTICLE APPROVAL--GOVERNMENT TESTING (SEP 1989)

(a) The Contractor shall deliver 1 unit(s) of Lot/Item 0009-0015 within 35 calendar days from the date of receipt of the assets as ordered by the first delivery order to the Government at DIRECTORATE OF INDUSTRIAL

OPERATIONS, MELVIN ALLEMAN, LETTERKENNY ARMY DEPOT, BLDG 370, CHAMBERSBURG

PA 17201for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

(b) Within 7 calendar days after the Government receives the first article, 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 submit an additional first article for testing. After each request, 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 furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. 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 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, the Contractor--

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor's expense.

(f) If the Government does not act within the time specified in paragraphs (b) or (c) of this clause, 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) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) 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.

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

(End of clause)

(End of Summary of Changes)