W912CH24R0026-0002 AMENDMENT.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

0002 2024JUL03

W912CH

ACC-DTA

6501 E. 11 MILE RD.

DETROIT ARSENAL, MI 48397-5000

DANIEL M. SHALLAL

EMAIL: DANIEL.M.SHALLAL.CIV@ARMY.MIL

W912CH-24-R-0026

2024MAY31

X

X

/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: DANIEL M. SHALLAL

Buyer Office Symbol/Telephone Number: CCTA-APS-A/(586)282-7359

Type of Contract 1: Firm Fixed Price

Kind of Contract: Supply Contracts and Priced Orders

*** End of Narrative A0000 ***

The purpose of Amendment 0002 to Solicitation W912CH-24-R-0026 is to:

1. Incorporate Contract Data Requirement Lists (CDRLs) A002-A004 to include Engineering Change Proposal (ECP), Request for Variance

(RFV), Notice of Revision (NOR). As a result, the following sections are updated:

Section B:

a. Establish the following CDRL CLINs:

A002 - Engineering Change Proposal (ECP)

A003 - Request for Variance (RFV)

A004 - Notice of Revision (NOR)

Section J:

b. Revise DD form 1423 to include CDRL A002-A004 details.

2. Revise Section C as follows:

a. C.1 TECHNICAL DATA PACKAGE INFORMATION:

FROM:

"...d. If the attachment is restricted, request access to the document.

(1) TDPs that have an Export Control Warning Notice are subject to the Arms Export Control Act (Title 22, U.S.C., Sec

2751, et.seq.) or the Export Administration Act of 1979, as amended, Title 50, U.S.C, App. 2401 et. seq..

(2) Further dissemination must be in accordance with provisions of DoD Directive 5230.25. This also applies to distribution of the TDP to all SUBCONTRACTORS at every level..."

TO:

"...d. If the attachment is restricted, request access to the document.

(1) TDPs that have an Export Control Warning Notice are subject to the Arms Export Control Act (Section 2751 of Title

22, United States Code) or the Export Control Reform Act of 2018 (Chapter 58 Sections 4801-4852 of Title 50, United States Code).

(2) Further dissemination of the TDP must be in accordance with provisions of DoD Directive 5230.25, DoDI 5230.24, its

Distribution Statement markings, and U.S. export control laws. This also applies to distribution of the TDP to all SUBCONTRACTORS at every level..."

b. C.2 CONTRACT MANAGEMENT

FROM:

C.2.1. Meetings/Reports. The Contractor shall prepare the agenda and provide minutes of all program meetings detailed below in accordance with (IAW) CDRL A001.

TO:

C.2.1. Meetings/Reports. The Contractor shall prepare and deliver the agenda and provide minutes of all program meetings detailed below in accordance with (IAW) CDRL A001.

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W912CH-24-R-0026

Name of Offeror or Contractor:

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c. C.3 CONFIGURATION MANAGEMENT

SEE SECTION C.3 FOR DETAILS.

3. Revise Section H as follows:

Section H.2 COMPETITIVE DELIVERY ORDER PROVISION FOR WAIVER OF REQUIRED FIRST ARTICLE APPROVAL

a. ADD the following language:

"NOTE: For this Solicitation, Partial FAT Waivers are not being solicitated or considered."

b. REVISE the following languge:

FROM:

"...(1) Offerors who intend to request a waiver or partial waiver of the First Article Test must provide sufficient information in order for the Government to determine whether the request is to be approved...."

TO:

"...(1) Offerors who intend to request a waiver of the First Article Test must provide sufficient information in order for the

Government to determine whether the request is to be approved...."

c. REMOVE the following sections:

(4) The offeror may request a waiver for only a portion of the First Article Test, such as a vibration test or a salt water spray test, or the test on a component or subassembly of the procured item.

(5) The offeror shall list specifically on the worksheet, by technical data package reference, that portion of the test requested to be waived. The references shall include but may not be limited to the following as applicable:

(i) Identification of the specification or standard along with the specific specification or standard paragraph(s)

(ii) Identification of the drawing with specific references to the drawing notes.

(iii) Identification of the Quality Assurance Provision (QAP), or Quality Assurance Requirement (QAR) or Supplemental Quality

Assurance Provision (SQAP) with specific references to the specific paragraph.

4. Revise Section I as follows:

a. ADD the following clauses:

- 252.225-7004 Report of Intended Performance Outside the United States and CanadaSubmission after Award. (OCT 2020)

- 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (MAY 2024) (DEVIATION 2024-O0013, REVISION 1)

- 252.227-7013 Rights in Technical DataOther than Commercial Products and Commercial Services. (MAR 2023)

- 252.227-7015 Technical Data - Commercial Products and Commercial Services. (MAR 2023)

- 252.227-7016 Rights in Bid or Proposal Information. (JAN 2023)

- 252.227-7025 Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends. (JAN 2023)

- 252.227-7027 Deferred Ordering of Technical Data or Computer Software. (APR 1988)

- 252.227-7030 Technical DataWithholding of Payment. (MAR 2000)

- 252.227-7037 Validation of Restrictive Markings on Technical Data. (JAN 2023)

- 52.227-3 Patent Indemnity (APR 1984)

5. Revise Setion J as follows:

a. Add the following attachments:

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Attachment 0012 - TPP for NSN 1670-01-647-3116 PN 11-1-9546-1

Attachment 0013 - TPP for NSN 1670-01-650-5347 PN 11-1-8455-1

Attachment 0014 - TPP for NSN 1670-01-647-2680 PN 11-1-9548-1

Attachment 0015 - Revised TDPL 11-1-9546-1

Attachment 0016 - 11-1-9534S002

b. Revise CDRL A001:

FROM:

"...9. DIST. STATEMENT REQ: A..."

"...16. REMARKS: MINUTES DUE WITHIN 7 DAYS AFTER MEETING. MINUTES SHALL BE SUBMITTED ELECTRONICALLY TO THE CONTRACT SPECLIAST AND

PCO..."

TO:

"...9. DIST. STATEMENT REQ: C..."

"...16. REMARKS: Distribution Statement C: Distribution authorized to U.S. Government agencies and their contractors, (Controlled

Unclassified Information), 2 July 2024. Other requests for this document shall be referred to the Army Contracting Command - Detroit

Arsenal. MINUTES DUE WITHIN 7 DAYS AFTER MEETING. MINUTES SHALL BE SUBMITTED ELECTRONICALLY TO THE CONTRACT SPECLIAST AND PCO..."

6. Revise section K as follows:

a. ADD the following clauses:

- 52.227-6 Royalty Information (APR 1984)

- 252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions. (JAN 2023)

- 252.227-7028 Technical Data or Computer Software Previously Delivered to the Government. (JUN 1995)

7. Revise section L as follows:

A. Revise Section L.4:

FROM:

L.4 Evaluation Factors

Offeror proposals shall address the following Factors:

a. Volume I Past Performance Factor

b. Volume II Price Factor

c. Volume III Administrative

TO:

L.4 Evaluation Factors and Volumes

Offeror proposals shall address the following Factors and Administrative Volume:

a. Volume I Past Performance Factor

b. Volume II Price Factor

c. Volume III Administrative

B. Revise L.7 PROVISION FOR WAIVER OF REQUIRED FIRST ARTICLE APPROVAL:

a. ADD the following language:

"NOTE: For this Solicitation, Partial FAT Waivers are not being solicitated or considered."

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C. Revise the following language:

FROM:

"...(1) Offerors who intend to request a waiver or partial waiver of the First Article Test must provide sufficient information in order for the Government to determine whether the request is to be approved..."

TO:

"...(1) Offerors who intend to request a waiver of the First Article Test must provide sufficient information in order for the

Government to determine whether the request is to be approved..."

D. REMOVE the following sections:

(4) The offeror may request a waiver for only a portion of the First Article Test, such as a vibration test or a salt water spray test, or the test on a component or subassembly of the procured item.

(5) The offeror shall list specifically on the worksheet, by technical data package reference, that portion of the test requested to be waived. The references shall include but may not be limited to the following as applicable:

(i) Identification of the specification or standard along with the specific specification or standard paragraph(s)

(ii) Identification of the drawing with specific references to the drawing notes.

(iii) Identification of the Quality Assurance Provision (QAP), or Quality Assurance Requirement (QAR) or Supplemental Quality

Assurance Provision (SQAP) with specific references to the specific paragraph.

8. All other terms and conditions of solicitation W912CH-24-R-0026 remain in full force and effect.

*** END OF NARRATIVE A0004 ***

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PIIN/SIIN

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

9999 BASIC CLIN FOR ELIN ___________________

A001 SERVICE DATA ITEM - NOT PRICED $ ** NSP ** ______________________________ __________________

SERVICE REQUESTED: CDRL A001 MEETING MINUTES

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

A002 SERVICE DATA ITEM - NOT PRICED $ ** NSP ** ______________________________ __________________

SERVICE REQUESTED: CDRL A002 ENG CHANGE PROPOSAL

CLIN CONTRACT TYPE:

Firm Fixed Price

- Exhibit A: CONTRACT DATA REQUIREMENTS LIST - DD

FORM 1423, A002.

(End of narrative B001)

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

Deliveries or Performance _________________________

A003 SERVICE DATA ITEM - NOT PRICED $ ** NSP ** ______________________________ __________________

SERVICE REQUESTED: REQUEST FOR VARIANCE (RFV)

CLIN CONTRACT TYPE:

Firm Fixed Price

- Exhibit A: CONTRACT DATA REQUIREMENTS LIST - DD

FORM 1423, A003.

(End of narrative B001)

Inspection and Acceptance _________________________

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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

INSPECTION: Origin ACCEPTANCE: Origin

Deliveries or Performance _________________________

A004 SERVICE DATA ITEM - NOT PRICED $ ** NSP ** ______________________________ __________________

SERVICE REQUESTED: NOTICE OF REVISION (NOR)

CLIN CONTRACT TYPE:

Firm Fixed Price

- Exhibit A: CONTRACT DATA REQUIREMENTS LIST - DD

FORM 1423, A004.

(End of narrative B001)

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

Deliveries or Performance _________________________

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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 TECHNICAL DATA PACKAGE INFORMATION

The following Xd item applies to this solicitation:

[ ] 1. There is no Technical Data Package (TDP) included with this solicitation.

[ x ] 2. The TDP for this solicitation resides within the System for Award Management (SAM) (https://SAM.gov ) associated with this solicitation number:

W912CH-24-R-0026

To access the data through SAM:

a. Log on to the SAM web site: https://SAM.gov .

b. Search for the solicitation number.

c. Click on the attachment you would like to view.

d. If the attachment is restricted, request access to the document.

(1) TDPs that have an Export Control Warning Notice are subject to the Arms Export Control Act (Section 2751 of Title 22, United States Code) or the Export Control Reform Act of 2018 (Chapter 58 Sections 48014852 of Title 50, United States Code).

(2) Further dissemination of the TDP must be in accordance with provisions of DoD Directive 5230.25, DoDI 5230.24, its

Distribution Statement markings, and U.S. export control laws. This also applies to distribution of the TDP to all SUBCONTRACTORS at every level.

(3) To obtain these TDPs, contractors must have a current DD 2345, Militarily Critical Technical Data Agreement on file with

Defense Logistics Information Service (DLIS). To obtain certification, go to https://public.logisticsinformationservice.dla.mil/jcp/search.aspx

(4) Upon completion of the purposes for which Government Technical Data has been provided, the Contractor is required to destroy all documents, including all reproductions, duplications, or copies thereof as may have been further distributed by the Contractor.

Destruction of this technical data shall be accomplished by: shredding, pulping, burning, or melting any physical copies of the TDP and/or deletion or removal of downloaded TDP files from computer drives and electronic devices, and any copies of those files.

e. If technical data is otherwise restricted, select Request Explicit Access. This will generate an email to the Contract

Specialist and Contracting Officer at Army Contract Command - Warren (DTA) with all the information needed to grant contractor access to restricted documents. SAM will automatically generate an email stating when the requesting contractor has permission to view or download TDP items.

f. If multiple individuals in the contractors organization need access to the Technical Data Package (TDP) for a solicitation and an explicit access request is required, each individual MUST submit an explicit access request to be granted approval to view the TDP.

Those same individuals MUST be registered in SAM. Any individuals no longer with the company should be deleted. Questions related to registration in SAM should be directed to https://www.sam.gov/ The SAM helpdesk phone number is (866) 606-8220.

Vendors are responsible for placing correct information in SAM.

g. It is strongly suggested that contractors submit the explicit access request and provide the buyer with the completed Use and

Non-Disclosure Agreement at the same time if the solicitation requires both to gain access to view the TDP.

C.2 CONTRACT MANAGEMENT

C.2.1. Meetings/Reports. The Contractor shall prepare and deliver the agenda and provide minutes of all program meetings detailed below in accordance with (IAW) CDRL A001.

C.2.2. Start of Work Meeting. The Contractor will coordinate, schedule, and conduct a Start of Work Meeting with the Government at the

Contractor's facility unless some other location is designated in the contract. The Government anticipates this conference to be conducted within 30 calendar days of the contract award.

a. Conduct a review of the contract requirements to ensure that there is a mutual understanding between the Government and the

Contractor.

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b. Make available if needed to Government representative(s) the documentation for production planning, manufacturing methods and controls, material and manpower resource allocation, production engineering, quality control and assurance program, production management organization, and controls over major subcontractors.

C.2.3. Monthly Integrated Project Team (IPT) meetings. The Contractor shall conduct monthly IPT meetings to support discussion related to contract status, FAT, production, delivery schedule, etc.

C.2.4. Program Manager (PM). The Contractor shall assign a Program Manager (PM). This individual shall serve as primary Point of

Contact (POC) between the Government and the Contractor and shall be responsible for the coordination of all Contractor activities related to the contract. This person shall have the authority to commit the Contractor to specific courses of action and accept direction from the Contracting Officer. This person shall be responsible for coordinating all meetings between the Government and the

Contractor. The PM shall be responsible for immediately bringing to the Contracting Officers attention any conflicts in the Contractor's interpretation of the contract requirements (first by telephone and then followed up in an email) or problems that could adversely affect the Contractor's ability to meet the stated quality, cost, or production/delivery schedule requirements.

C.2.5. Incorporation of Proposal. Parts of the Contractor's Technical Proposal, as negotiated and accepted by the Government, may be incorporated by reference into the resultant contract. Some or all of the information furnished by the Contractor may be subject to disclosure under the Freedom of Information Act. For this reason, the Contractor shall identify information contained in the proposal that the Contractor specifically does not want to be incorporated by reference. Any changes in these arrangements are to be submitted to the Contracting Officer in advance for approval. In the event of any conflict or ambiguity between the Contractor's Technical Proposal and the Government's Statement of Work (SOW), the Government's SOW shall govern.

C.3 CONFIGURATION MANAGEMENT DOCUMENTATION

The Contractor may submit Engineering Change Proposals (ECPs), Requests for Variance (RFVs), and Notices of Revision (NORs) for the requirements in the Government-provided Technical Data Package (TDP).

a. The Configuration Change Management section of SAE EIA-649-1 (current revision) Configuration Management Requirement for Defense

Contracts, Paragraph 3.3, shall be used for configuration control of material with the following exclusions: paragraph 3.3(3); and the second sentence of paragraph 3.3.1.8.1(1).

b. Furnished item(s) shall conform to the approved configuration requirements/revision unless an RFV is processed and approved as provided by Paragraph e. below. The term "Request for Variance" includes Requests for Deviations and Waivers.

c. Value Engineering Change Proposals (VECPs) for cost saving improvements to the TDP should not be processed per SAE EIA-649-1 (current revision) and should be referred to Section I Clause 52.248-1 VALUE ENGINEERING.

d. All ECPs submitted will be deemed routine. The Contractor must include justification for an ECP it considers emergency or urgent in the submittal and include all supporting documentation.

e. For ECPs, RFVs, and NORs, the Contractor must submit the documentation listed in sub-paragraphs e (i) through e (iii). Failure to submit a complete legible package may result in return of the ECP/RFV/NOR without processing.

(i) for ECPs, the Contractor shall prepare and deliver the ECP in accordance with (IAW) CDRL A002.

(ii) for RFVs, the Contractor shall prepare and deliver the RFV IAW CDRL A003.

(iii) for NORs, the Contractor shall prepare and deliver the NOR IAW CDRL A004.

f. The Governments acceptance of the data deliverable required by CDRL/DD Form 1423 in e(i)-(iii) above signifies only that the data satisfies the requirements of the DID and is considered acceptable for Government processing. Acceptance of the data deliverable does not signify "technical approval" of the change proposed by the deliverable and should not be interpreted as authorizing the Contractor to proceed with the work proposed by the change. Disposition of the change (approval/disapproval) will follow acceptance of the CDRL at the Governments sole discretion. Incorporation of an approved RFV or ECP will require execution of a contract modification.

g. The Contractor should direct questions regarding the status of an ECP or RFV to the Procuring Contracting Officer (PCO), copy to the

Administrative Contracting Officer (ACO).

h. The submission of an ECP/RFV/NOR does not affect the required delivery date of the contract.

C.4 NOTIFICATION OF CHANGE

C.4.1. Material and Material Supplier Changes. The Contractor shall notify the Government at least 30 days in advance of any changes in material, material suppliers, manufacturing processes (including quality control), or plant location. Also, the Contractor shall ensure

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that produced end items conform to specified product and quality requirements and shall immediately report any deviation in form, fit, or function of items produced. The contractor shall submit an RFV in accordance with section C.3 for approval prior to implementing any changes.

C.4.2. Manufacturing Process Changes. A change in the process flow reviewed by the Government during inspection, such as combining operations or using additional/different equipment, constitutes a manufacturing process change. Any change in location or ownership of the plant where a previously qualified product was manufactured requires reevaluation of the qualification and approval from the

Contracting Officer. Routine maintenance and the switching of comparable equipment are not considered a process change. The contractor shall submit an RFV in accordance with section C.3 for approval prior to implementing any changes.

C.5 DRAWING LIMITATIONS (CS7002)

(a) The drawings supplied with this contract are not shop or process drawings. The drawings are engineering design drawings, are adequate to permit manufacture, and:

(1) depict the completed (item(s), and

(2) serve as the basis for inspection of the completed item(s).

(b) These drawings DO NOT cover intermediate drawings/specifications or steps in the manufacturing process. As a result, even if all the dimensions and tolerances specified in the engineering design drawing for each individual part are met, a cumulative unacceptable fit for the contract item could result.

(c) The Contractor is responsible for producing the shop or process drawings needed to cover intermediate steps in the manufacturing process.

(d) The Contractor agrees that he has obtained all specifications and drawings necessary to manufacture the items being solicited in accordance with the TDP including all incorporated specifications and drawings. The contractor is responsible for having all drawings and specifications. Delivery delays are not excusable where the contractor asserts that it did not have a specification or drawing and has failed to request, in writing, the specification from either the Contracting Officer or Contract Specialist prior to the solicitation closing date.

(e) Failure to produce an end item with a cumulative fit that conforms to Government drawings, specifications or other supplemental manufacturing documentation, will result in the Contractor being responsible for correcting this condition at no additional cost to the

Government and no delivery schedule extension.

*** END OF NARRATIVE C0001 ***

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 DELIVERY ORDER COMPETITION

H.1.1. Individual Delivery Order awards (Delivery Order) will be based on competitive proposals received exclusively from a Multiple

Award (MA) IDIQ contract contractors in accordance with the fair opportunity process from FAR 16.505(b)(1).

H.1.2. All eligible MA IDIQ contract contractors will be provided a fair opportunity to be considered for each Delivery Order under this contract unless a statutory exception from FAR 16.505(b)(2) applies.

H.1.3. Contracting Officer may exercise broad discretion in determining the basis upon which the selection will be made for each

Delivery order. The submission requirements and basis for award will be included in each individual Delivery Order.

H.1.4 Generally, contractors may be allowed two weeks to submit an offer in response to a request for a delivery order proposal.

H.2 COMPETITIVE DELIVERY ORDER PROVISION FOR WAIVER OF REQUIRED FIRST ARTICLE APPROVAL (LS7304)

NOTE: For this Solicitation, Partial FAT Waivers are not being solicitated or considered.

The following applies to competitive delivery orders:

(a) The requirement entitled FIRST ARTICLE APPROVAL (52.209-3 or 52.209-4) in Section E of this solicitation may be waived by the

Government, provided that the offeror meets the conditions outlined below.

(1) Offerors who intend to request a waiver of the First Article Test must provide sufficient information in order for the

Government to determine whether the request is to be approved. If the offeror intends to request a waiver, a First Article Waiver

Worksheet must be completed and submitted to the Government along with any supporting documentation. The worksheet can be found in

Section J Attachments of this solicitation. The offerors request will not be considered if the worksheet and any supporting documentation is not submitted to the Government. The worksheet must be completed in its entirety. For those sections of the worksheet which do not apply, annotate with N/A (not applicable). To substantiate or clarify information provided by the offeror, the Government may request additional information. Incomplete worksheets can result in the waiver request being denied, Offerors should contact the

Contract Specialist listed on the face page of this solicitation for assistance in filling out the worksheet completely.

(2) Offerors should not assume that the FAT waiver request will be granted even if the completed worksheet and any supporting information is submitted to the Government.

(3) The worksheet and any additional supporting documentation is part of your quote/offer and must be submitted as part of the response to this solicitation on Company letterhead and signed by an agent of the Company.

(4) RESERVED.

(5) RESERVED.

(6) Supporting documentation.

(i) The request for waiver must be accompanied by documentation in support of the request. The documentation may include information such as the following; (1) Copy of the Administrative Contracting Officers (ACOs) or Procuring Contracting Officers (PCO) letter approving a First Article Test report on a recent contract for the same or similar item. (2) Copy of a First Article Test report for the same or a similar item as that herein solicited. (3) Copy of an ACO or PCO letter approving a prior waiver request. (4) If the waiver request is based on similarity, a copy of the drawing/other appropriate technical requirements of the similar item.

(ii) If a copy of a First Article Test report is submitted in support of a request for waiver under this solicitation, the test report must have been approved and signed by an authorized representative of the Government.

(iii) The FAT report and all supporting documentation should be submitted by electronic media and should accompany the offerors proposal. If the FAT report and supporting documentation cannot be transmitted by electronic media, the offeror shall contact the PCO for further instruction.

(b) Note that if a waiver is granted to the successful offeror, an accelerated delivery schedule will apply. See Section F.

(c) Note: Cost considerations shall apply for approving a waiver or a portion thereof of a First Article Test.

H.3 Army Contract Writing System (ACWS) Transition Information for Contractors (HS7001)

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a. The Army Contracting Enterprise (ACE) is in the process of deploying new solicitation and contract writing software to

Army contracting offices worldwide. Known as the Army Contract Writing System (ACWS), this modern software suite will soon replace most existing Army contract writing systems, including the system used to create and release this Contract.

b. During this transition period, Contractors are hereby advised:

1. The Contracting Office may use any combination of contract writing systems to generate distributable copies of this contract during its period of performance, as well as any subsequent modifications or orders (if applicable). As a result:

i. Subsequent documents you receive may appear noticeably different than the original award or previous contractual documents from the same Contracting Office.

ii. A change between contract writing systems may cause important information concerning contract terms and conditions to take on different formatting or appear in different parts of later documents issued.

iii. Contractors shall ensure Customer Relationship Management (CRM) systems and personnel interacting with this contract are prepared to identify and respond appropriately to differences between document versions.

2. The Government does not intend to use the shift between contract writing systems to effect any changes to Contract terms and conditions. Therefore:

i. Contractors should view changes to terms or conditions between document versions as system-generated and potentially erroneous unless accompanied by narrative(s) designating such changes as deliberate and desired.

ii. Contractors shall inform the Contracting Officer listed on the first page of the most recent document issued for guidance regarding any suspected or observed inadvertent or system-generated changes (e.g. noticing something missing in a new conformed copy).

iii. The Government will correct any inadvertent or system-generated changes, additions, or omissions discovered by either party, via bilateral modification, at no cost to the Contractor.

iv. The terms and conditions contained in the latest document reflecting deliberate action by the Contracting Officer

(e.g. the last conformed copy of the award not affected by the observed issue) will take precedence until these problems are corrected.

3. In the unlikely event award information is corrupted or mutilated during system migration and replacement or re-issuance of this contract is necessary for continued contract administration, the Contracting Officer will:

i. Issue a continuation contract in accordance with DFARS 204.1601(c) and DFARS PGI 204.1601(c), carrying over all terms and conditions from the last-known version of this contract accurately reflecting mutual agreement of the parties.

ii. Incorporate the last-known version of this contract accurately reflecting mutual agreement of the parties as an attachment to the replacement or continuation contract for future reference.

iii. Ensure any such reissuance or continuance is properly reported to preserve the integrity of Contractor performance measurement data, if any (e.g. FAPIIS, CPARS).

*** END OF NARRATIVE H0001 ***

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SECTION I - CONTRACT CLAUSES

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

I-1 ADDED 52.227-3 PATENT INDEMNITY APR/1984

I-2 CHANGED 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING MAY/2024

(MAY 2024) (DEVIATION 2024-O0013, REVISION 1)

I-3 ADDED 252.225-7004 REPORT OF INTENDED PERFORMANCE OUTSIDE THE UNITED STATES AND CANADA-- OCT/2020

SUBMISSION AFTER AWARD

I-4 ADDED 252.227-7013 RIGHTS IN TECHNICAL DATA--OTHER THAN COMMERCIAL PRODUCTS AND MAR/2023

COMMERCIAL SERVICES (MAR 2023

I-5 ADDED 252.227-7015 TECHNICAL DATA--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR MAR/2023

2023)

I-6 ADDED 252.227-7016 RIGHTS IN BID OR PROPOSAL INFORMATION (JAN 2023) JAN/2023

I-7 ADDED 252.227-7025 LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT-FURNISHED JAN/2023

INFORMATION MARKED WITH RESTRICTIVE LEGENDS (JAN 2023)

I-8 ADDED 252.227-7027 DEFERRED ORDERING OF TECHNICAL DATA OR COMPUTER SOFTWARE APR/1988

I-9 ADDED 252.227-7030 TECHNICAL DATA--WITHHOLDING OF PAYMENT MAR/2000

I-10 ADDED 252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA(JAN 2023) JAN/2023

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SECTION J - LIST OF ATTACHMENTS

List of Number List of Number

Addenda Title Date of Pages Transmitted By Addenda Title Date of Pages Transmitted By________________ ____________________________________________________________ _______________ ____________ _______________________________ ____________________________________________________________ _______________ ____________ _______________

Exhibit A CONTRACT DATA REQUIREMENTS LIST DD 1423

Attachment 0012 TPP FOR NSN 1670-01-647-3116 PN 11-1-9546-1 DATA

Attachment 0013 TPP FOR NSN 1670-01-650-5347 PN 11-1-8455-1 DATA

Attachment 0014 TPP FOR NSN 1670-01-647-2680 PN 11-1-9548-1 DATA

Attachment 0015 REVISED TDPL 11-1-9546-1 13-JUN-2024 007 DATA

Attachment 0016 11-1-9534S002 20-JAN-2024 001 DATA

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SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

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

K-1 ADDED 252.227-7017 IDENTIFICATION AND ASSERTION OF USE, RELEASE, OR DISCLOSURE JAN/2023

RESTRICTIONS (JAN 2023)

K-2 ADDED 252.227-7028 TECHNICAL DATA OR COMPUTER SOFTWARE PREVIOUSLY DELIVERED TO THE JUN/1995

GOVERNMENT

K-3 ADDED 52.227-6 ROYALTY INFORMATION APR/1984

(a) Cost or charges for royalties. When the response to this solicitation contains costs or charges for royalties totaling more than

$250, the following information shall be included in the response relating to each separate item of royalty or license fee:

(1) Name and address of licensor.

(2) Date of license agreement.

(3) Patent numbers, patent application serial numbers, or other basis on which the royalty is payable.

(4) Brief description, including any part or model numbers of each contract item or component on which the royalty is payable.

(5) Percentage or dollar rate of royalty per unit.

(6) Unit price of contract item.

(7) Number of units.

(8) Total dollar amount of royalties.

(b) Copies of current licenses. In addition, if specifically requested by the Contracting Officer before execution of the contract, the offeror shall furnish a copy of the current license agreement and an identification of applicable claims of specific patents.

(End of Provision)

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SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SPECIAL NOTICE FOR SB SET-ASIDE:

This RFP is a total small business set-aside. Offerors are strongly encouraged to ensure that the offeror is a small business based on the size standard for the NAICS Code assigned to this RFP. Reference 13 CFR Part 121, and the clauses and relevant FAR references contained within this solicitation. Ensure that your firm fits the definition including but not limited to any affiliations (domestic or foreign). The Small Business Administration determines whether an entity qualifies as a small business concern by counting its receipts, employees, or other measures including those of all its domestic and foreign affiliates, regardless of whether the affiliates are organized for profit. 13 C.F.R. 121.103(a)(6). SBA has a specific set of rules that explain when another person, business or entity is considered an affiliate for size standard purposes. SBAs rules on affiliation for its programs (except SBIR and STTR) are found at 13

C.F.R. 121.103.

L.1 General Proposal Information

Offerors are cautioned to consult the Contracting Officer IN WRITING before submitting an offer that proposes any deviations or exceptions to any of the requirements, terms, and conditions of the solicitation because it may be cause for rejection of the proposal

(See Section M.2)

L.1.1 The proposal, subject to the Submission, Modification, Revision, and Withdrawal paragraph of Instructions to Offeror(s)

Competitive Acquisitions (FAR Provision 52.215-1) contained in Section L of the solicitation, shall be submitted in the format and quantities set forth below. All information necessary for the review and evaluation of a proposal is to be contained in the proposal volumes set forth below. Section M of the solicitation sets forth the evaluation criteria and delineates the Factors to be evaluated and their relative order of importance. The offeror's proposal, as required by this section, will be evaluated as set forth in Section

M of this solicitation. The Government will not assume the offeror possesses any capability, understanding, or commitment not specified in its proposal. It is an offeror's responsibility to submit a well-written proposal, with adequately detailed information, which clearly demonstrates an understanding of and the ability to comply with the solicitation requirements to allow for a meaningful evaluation. The Government does not assume the duty to search for data to cure problems it finds in proposals.

L.1.2 Minimum Acceptance Period.

This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation (SF33 Box 12).

ACCEPTANCE PERIOD means the number of calendar days available to the Government for awarding a contract from the date specified in this solicitation for receipt of offers.

L.1.2.1. The Government specified minimum acceptance period of 180 calendar days.

L.1.2.2. The offeror shall clearly state in its proposal Administrative volume the acceptance period. Offerors may specify a longer acceptance period than the Government's minimum acceptance period stated above.

L.1.2.3. An offer allowing less than the Government's minimum acceptance period, or fails to provide a proposal acceptance period, may be rejected.

L.2 Proposal Content, Format and Instructions

L.2.1 Proposal Content

L.2.1.1 All proposals shall be in English (American Standard) and shall be in US dollars. Proposals not in English (American Standard) or in US Dollars may be rejected. The proposal shall include all information specified and shall address all requirements outlined in

Section L. The offeror's proposal shall be organized in the following volumes:

Volume Number Title Page Limit

Volume I Past Performance Factor 5*

Volume II Price Factor Unlimited

Volume III Administrative Unlimited

* The page limit only applies to the requested written narrative of the volume required in L.4.1. The PWS/SOW/Past Performance

Questionnaires and documents associated with section L.4.1.4 shall be submitted as attachments with no page limits and will not count towards the page limits for Volume 1.

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L.2.1.2 A Proposal Executive Summary or transmittal letter is optional. It will neither be considered as part of the volumes required, nor will it be evaluated. If a Proposal Executive Summary is submitted, it should be no more than five pages in length and be submitted as part of the Administrative volume.

L.2.2 Proposal Method of Submission, Format, and Instructions

L.2.2.1 Method of Submission:

Electronic proposals submitted via E-mail or Fax, or hardcopy proposals, will NOT be accepted. Hand-carried offers, whether hardcopy or electronic, will NOT be accepted. Offerors are required to submit proposals electronically, via DoD Secure Access File Exchange (SAFE) in accordance with the following Proposal Submission Instructions and Process. Use of DoD SAFE requires the offerors understanding and consent of DoD SAFEs user behavior guidelines and all terms of use. Refer to DoD SAFE User Guide: https://safe.apps.mil/help/dod-safe-help.xml#intro

Offerors who are DoD SAFE authenticated users shall NOT initiate a DoD SAFE Drop-off directly to the Government POC below, all offerors must request the Government POC below to initiate a Request for a Drop-Off and respond in accordance with the DoD SAFE generated e-mail for a Drop-Off Request.

NOTE: In accordance with FAR 15.208, it is the responsibility of the Offeror to ensure the proposal is received, in its entirety, at the required destination by the Due Date and Time for Receipt of Offers specified in the solicitation, in accordance with the Instructions below. It is the responsibility of the Offeror to ensure that its proposal submission Drop-Off is completed timely and is retrievable by required recipients listed in Step 4 below.

Proposal Submission Instructions and Process:

Step 1 (Offeror): Offerors shall email Daniel Shallal (email: daniel.m.shallal.civ@army.mil) of their intent to submit a proposal and request the Government initiate a DoD SAFE Drop-Off Request.

NOTE 1: It is recommended that this request is submitted no sooner than 14 days (Drop-Off Requests are only valid for 14 days), and no later than 72 hours, prior to proposal due date and time. It is the offerors responsibility to request all necessary Drop-Off Requests from the Government in order to submit its proposal in a timely manner.

NOTE 2: Unless otherwise specified in the Offerors request, the Government will only initiate one Drop-Off Request. Refer to the DoD

SAFE website for the file and size limits. It is the offerors responsibility to inform the Government of the number of Drop-Off Requests it needs to submit its complete proposal.

NOTE 3: Unless otherwise specified in the request, the Government will use the senders e-mail address to initiate the DoD SAFE Drop-off

Request (See Step 2). The Government will input a single email address when initiating a Request for Drop-Off.

Step 2 (Government): The Government will initiate a Request for Drop-Off via the DoD SAFE website.

Step 3 (Offeror): DoD SAFE will generate an email to the e-mail address input by the Government (See Step 1, NOTE 3). This e-mail will contain a link.

Step 4 (Offeror): The offeror shall utilize the link in the DoD SAFE generated e-mail. The Offeror shall ensure that the Drop-Off is sent to the following recipients: Contract Specialist: Daniel Shallal (email: daniel.m.shallal.civ@army.mil) and Contracting Officer:

Carrie English (email: carrie.l.english.civ@army.mil). The offeror shall select its proposal files and click Send Drop-off. Files do not begin uploading into DoD SAFE system until the Send Drop-off is clicked.

NOTE 4: The DoD SAFE Request for Drop-Off link will expire after the Drop-off has been completed.

NOTE 5: Please note that when submitting through DoD SAFE, files do not begin uploading until the Send Drop-off has been initiated. It will take time for the files to be uploaded and scanned by DoD SAFE prior to the completion of the Drop-off; size and content may be factors; therefore offerors are strongly cautioned when submitting proposals to allow adequate time for completion of the Drop-off prior to the established due date and time of proposal submission.

NOTE 6: Offerors should not select any files for upload until it is prepared to complete the DropOff to the Government.

NOTE 7: It is highly recommended that the offeror prints the Drop-Off Completed screen, verify the correct files and recipients were included in its completed Drop-Off, and email a copy to Daniel Shallal (email: daniel.m.shallal.civ@army.mil) prior to the closing date and time of the RFP.

Step 5(Offeror): If the offeror needs to update its proposal submission prior to the RFP closing date and needs the Government to initiate a new DoD SAFE Drop-Off Request, it shall follow the same steps outlined above.

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L.2.2.2 Proposal Format and Instructions

L.2.2.2.1 Each submitted File shall be labeled and named so it is identifiable for which volume it pertains (example: Volume 2, Price

Factor)

L.2.2.2.2 Electronic Files. The proposal electronic file name should not exceed 50 characters in length (not including the file extension). Ensure the file name does not contain any periods.

L.2.2.2.3 Acceptable File Formats. All electronic information provided in response to the solicitation must be provided in Microsoft

(MS) Office 2013 compatible or Adobe Portable Document Format (PDF) format or except as noted in instructions for individual volumes.

For files in PDF format, scanners should be set to 200 dots per inch. The proposal shall not contain citations for, or active links to live Internet sites or pages. All linked information shall be contained within the electronic proposal. Any linked information that is not contained in the proposal will not be accepted.

L.2.2.2.4 Unless otherwise specified, it is recommended that the proposal be formatted for 8.5 inch x 11 inch paper with a minimum font size of 10 pt. and with a minimum of 0.5 margins. Schedules, drawings and other documents more appropriate to larger size should be formatted for no larger than 8.5 inch x 14 inch dimensions.

L.2.2.2.5 Provide spreadsheets that include all formulas, function, macros, computations, or equations used to compute the proposed amounts. For each workbook, all Rows, Columns, Cells, and Worksheets are to be visible. Do not include Zero height and zero width rows and columns in Worksheets. Do not format Worksheet cells with font color equal to the fill color. If Workbooks or Worksheets are password protected, then the passwords must be provided. Do not submit print image files or pictures or files containing only values are not acceptable. Failure to provide fully functional excel spreadsheets in the proposal may result in the proposal being rejected

(See Section M.2.1(a)).

L.2.2.2.6 The offeror shall make every effort to ensure that the proposal is virus-free. Proposals (or portions thereof) submitted which indicate the presence of a virus, or which are otherwise rendered unreadable by damage in electronic transit, shall be treated as

"unreadable" as described in FAR 15.207(c).

L.2.2.3 Submission Due Date

The offeror must ensure its proposal, in its entirety, reaches the required destination before the Offeror Due Date and Time established in this solicitation.

L.2.2.3.1 Lateness

The lateness rules for submitted proposals are outlined in FAR 52.215-1 "Instructions to Offerors Competitive Acquisition," and are incorporated into this solicitation.

L.2.3 Single Proposal Submission

Offerors are limited to submitting one proposal with one approach to meeting the requirements of this solicitation. An offeror is defined as an entity competing independently that does not share a common parent with any other offeror or does not have a parent/subsidiary relationship with any other offeror, or is not affiliated with any other offeror. For the purposes of Section L.2.3

(Single Proposal Submission), the Government will consider affiliation to exist if associated business concerns or individuals, directly or indirectly, either controls the other or can control the other (control can exist through common ownership, common management, or a contractual relationship such as a joint venture, where members have the power to control performance of the contract); or a third party controls or can control both.

L.2.4 Organizational Conflict of Interest

L.2.4.1 The provisions of FAR 9.5, Organizational Conflict of Interest (OCI), apply to any award under this Request for Proposal (RFP).

Potential offerors should review their current and planned participation in any other Government contracts, subcontracts, consulting, or teaming arrangements where they may be in a position of actual or perceived bias or unfair competitive advantage.

L.2.4.2 Offerors should disclose any potential OCI situations to the Contracting Officer as soon as identified including prior to proposal submission. The disclosure should include the facts and an analysis of the actual or perceived conflict and a recommended approach(s) to neutralize or mitigate the potential conflict. The preferred approach to potential conflicts is to negate/obviate the conflict. Mitigation is considered only if it is not practical to negate/obviate the conflict. The Contracting Officer will promptly respond to resolve any potential conflicts.

L.2.5 Restriction On…