W912CH-24-R-0169-0001.pdf

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THOR IV Production
Solicitation number
W912CH-24-R-0169
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This is Amendment 0001 to solicitation W912CH-24-R-0169 for the THOR IV Production contract, modifying multiple sections of the original solicitation document. The amendment revises technical data rights language regarding unlimited/unrestricted rights for technical manuals and training materials, incorporates new FAR/DFARS clauses (Patent Indemnity and Prohibition on Acquisition from Communist Chinese Military Companies), and updates several Contract Data Requirements Lists (CDRLs).

Key CDRL updates include revised submission timelines (from 15 to 14 calendar days for various reports), updated Data Item Description authorities, modifications to delivery formats and requirements for Computer Software Product End Items, Engineering Change Proposals, Notice of Revisions, and Engineering Release Records. The amendment also incorporates revised language regarding contractor obligations for source code delivery and clarifies requirements around rights in technical data. Administrative updates include flow-down requirements to subcontractors and modifications to reporting requirements for various performance metrics and deliverables.

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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 2024DEC20

W912CH

ACC-DTA

6501 E. 11 MILE RD.

DETROIT ARSENAL, MI 48397-5000

NICHOLAS MOONS

EMAIL: NICHOLAS.J.MOONS2.CIV@ARMY.MIL

W912CH-24-R-0169

2024NOV27

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: NICHOLAS MOONS

Buyer Office Symbol/Telephone Number: CCTA-AMO-B/(571)588-8920

Type of Contract 1: Firm Fixed Price

Kind of Contract: Supply Contracts and Priced Orders

*** End of Narrative A0000 ***

The purpose of Amendment 0001 is as follows:

1. In Section C, DESCRIPTION/SPECIFICATIONS/WORK STATEMENT, the following sections are revised as follows:

a) C.3.5.1 is revised:

From: All technical manuals or other technical data necessary for operation maintenance, installation and training delivered under this____ contract shall be delivered with unlimited rights as defined at DFARS 252.227-7013(a) in favor of the Goverment. Unlimited rights includes a nonexclusive copyright license to the Government to use or distribute materials in any manner and to authorize others to do

so. The contractor shall provide a copyright release letter IAW sample letter (Attachment 0003) which shall be on Company letterhead, dated and signed by an authorized Company Officer. The copyright release letter submitted by the contractor shall certify that the

Government has an unrestricted copyright license from the contractor and any subcontractors. The copyright release letter submitted by the contractor shall further state all technical manuals developed are free from copyright restrictions and the Government can edit, reprint and distribute information in the manual. The contractor shall grant the Government unlimited rights to use and distribute the technical manuals delivered under this contract including intellectual property and technical data rights in hardcopy and by means of electronic media.

To: All technical manuals and training materials shall be delivered with unlimited or unrestricted rights IAW DFARS 252.227-7013,___

252.227-7014, and 252.227-7015. Contractor shall acquire and deliver copyright releases in writing and the copyright release shall be written for the Government's use IAW sample letter (Attachment 0003), which shall be on Company letterhead, dated and signed by an authorized Company Officer. The contractor shall ensure the Government has unlimited or unrestricted rights to use, modify, reproduce, perform, display, release, or disclose the technical manuals and training materials, in whole or in part, in any manner, and for any purpose whatsoever, and to have or authorize others to do so.

b) C.3.5.2 is removed and incorporated into C.3.6.3.4.

c) C.3.6.3.4 is revised:

From: The contractor shall deliver all Computer Software Product End Items developed under this contract, per CDRL A007._____

To: The contractor shall deliver the source code for all Computer Software Product End Items delivered under this contract. The___ contractor shall deliver all Computer Software Product End Items developed under this contract, per CDRL A007.

2. In Section I, CONTRACT CLAUSES, the following clauses are incorporated:

a) FAR 52.227-3, Patent Indemnity

b) DFARS 252.225-7007, Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies

3. In Section J, LIST OF ATTACHMENTS, CDRLS - EXHIBIT A, is revised as follows:

a) CDRL A007, Computer Software Product End Items, Authority is revised from DI-AVCS-80700 to DI-AVCS-80700A. Additionally, Block 16.

Remarks, is revised to add that Contractor shall submit CDRL in Contractor format.

b) CDRL A008, Engineering Change Proposal (ECP), Authority is revised from DI-SESS-80639D(T) to DI-SESS-80639E(T).

c) CDRL A009, Notice of Revisions (NOR), Authority is revised from DI-SESS-80642D(T) to DI-SESS-80642E(T).

d) CDRL A010, Engineering Release Record (ERR), Authority is revised from DI-SESS-80463D(T) to DI-SESS-80463E(T).

e) CDRL A018, Resource Distribution Table (RDT), Block 16. Remarks, is revised from 15 calendar days to 14 calendar days.

f) CDRL A019, Cost and Hour Report (FlexFile), Block 16. Remarks, is revised from 15 calendar days to 14 calendar days.

g) CDRL A020, Quantity Data Report, Block 16. Remarks, is revised from 15 calendar days to 14 calendar days.

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h) CDRL A021, Contractor Business Data Report (DD Form 1921-3), Block 16. Remarks, is revised from 15 calendar days to 14 calendar days.

h) CDRL A022, Bill of Materials (BOM), Block 16. Remarks, is revised from 15 calendar days to 14 calendar days.

4. In Section K, REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS, the following clause is incorporated:

a) FAR 52.227-6, Royalty Information

*** END OF NARRATIVE A0003 ***

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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Hardware Deliveries

The contractor shall deliver hardware IAW all delivery schedules and perform all of the functions listed below. Hardware deliveries shall include:

HMPT 800 Transmission, P/N: 57K0776, NSN: 2520-01-626-5061

Reman Transmission in a Refurbished Container

Reman Transmission in a New Container

New Transmission in a Refurbished Container

New Transmission in a New Container

Upgrade Transmission in a Refurbished Container

Upgrade Transmission in a New Container

Ancillary Hardware

Transmission Control Module (TCM) Electronic Assembly, P/N: 12446650, NSN: 2520-01-627-6468, or

P/N: 12635650, NSN: 9999-99-999-9999

Shift Tower, P/N: 12446242, NSN: 2520-01-465-5184

Transmission Electronically Controlled (TEC) Cables for Bradley Fighting Vehicle System (BFVS), P/Ns: 12635593 and 12635594

C.1.1 Hardware Deliverable Core Management

The Government will provide transmission cores to each manufacturing site, 90 days in advance of manufacturing requirements, but not more than 180 days without concurrence from the contractor, based on the monthly delivery schedule. The contractor shall establish a process for the distribution, teardown and analysis of cores. The contractor shall develop a method to track cores by customer and/or

Government program, i.e. PM Bradley, PM SPHS, ILSC, etc. The contractor shall track incoming cores against those programs. A transmission core is defined as a 2520 (FSC - Federal Supply Code) Series NSN in condition code F repairable (either an unserviceable or serviceable) transmission of a lesser or equal configuration that is upgradeable to a HMPT 800 or newer. The core must be within economic repair meaning there must be enough reusable parts to be economically feasible IAW section C.1.1.1 to upgrade in lieu of procuring an entirely new transmission. The core will be torn completely down, each part inspected for wear criteria and upgraded accordingly. The contractor shall submit a monthly Core Status Report, broken down per customer, IAW CDRL A001. The following transmission model numbers can be used as core assets:

Model NSN

HMPT 500-3 w/Container 2520-01-274-6449

HMPT 500-3EC w/Container 2520-01-338-2703

HMPT 500-3ECA w/Container 2520-01-471-1325

HMPT 500-3ECB w/Container 2520-01-466-3753

HMPT 500-3E w/Container 2520-01-346-2531

HMPT 500-3ECB w/Electronic Assembly

(EA), w/Container ** 2520-01-531-5936

HMPT 500-3ECA w/o Container 2520-01-467-2929

HMPT 500-3ECB w/o Container 2520-01-496-5640

HMPT 800 w/Container 2520-01-626-5061

**This transmission model may contain an EA. Please contact the Government for disposition instructions if an EA is present.

C.1.1.1 Beyond Economic Repair (BER)

C.1.1.1.1 The contractor shall, upon delivery from the Government, conduct a BER assessment. The presence of any of the following criteria in a core shall cause the core to be determined Beyond Economic Repair.

1. If interior rust is present on 5% of interior parts and this rust causes at least 75% of these rusted parts to fail technical data package (TDP) criteria for re-use.

2. If the Transmission exhibits battle damage making more than one exterior housing (including the Interface Assembly (IA)) to be rejected per TDP.

3. If the Transmission exhibits cannibalization of parts that would normally be reused (non-mandatory replacement items) in excess of

$1,000 in replacement value.

4. If the overall repair costs exceed 80% of the value to build a new transmission.

C.1.1.1.2 If the contractor determines that hardware is BER, it must obtain DCMA concurrence with that assessment.

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C.1.1.1.3 If DCMA concurs that the hardware is BER, the contractor shall notify the Procuring Contracting Officer (PCO) bi-annually for disposition or repair instructions. If requested by the Government, the contractor shall provide a proposal to perform the repair. If disposition is authorized by the Government, the contractor shall follow disposition instructions provided by the PCO.

C.1.1.1.3.1 The contractor shall certify that each core being returned is in the same condition as received. This certification shall specify that NO additional fluids were added since receipt. A copy of the certificate of conformance shall be included with core shipment. A TAC will be provided with each BER disposition authorization.

C.1.2 Demand Surge

The contractor shall develop or update the plan previously developed under the THOR program to begin producing transmissions at maximum capacity IAW CDRL A002. This plan shall detail the production capacity of all transmission and associated hardware production facilities

(Transmission, TCM, TEC Cables, and shift towers). The plan shall also include the ramp up plan and time associated to ramp up to full production capacity. The contractor shall include capacities of major tier 1 suppliers.

C.1.3 Material Acquisition

The contractor shall manage all material and inventory requirements necessary to support this program at RENK America, LLC. Stock must be ordered in sufficient time to ensure the uninterrupted flow of material to the production lines.

C.1.3.1 Inspect and Replace Only as Necessary (IROAN) Variation

The contractor shall put in place a method (Kanban or other process) that will allow for the shipment of IROAN material to support manufacturing requirements when and if the actual usage exceeds the current Bill of Material (BOM). Each instance will require contractor engineering review to assure that the correct evaluation of the IROAN material is following established practices. The contractor shall utilize existing procedures, audits and frequency schedules currently in place at RENK to maintain material readiness.

C.1.3.2 Bill of Materials (BOM)

The contractor shall monitor and maintain usage rates for components at to ensure the bill of materials for Transmission requirements are accurate. The BOM will be available to the Government upon request.

C.1.4 Manufacturing

The contractor shall build, IROAN, and test hardware IAW the latest revision of the Technical Data Package (TDP) and NMWR requirements.

Process controls and metrics shall be instituted to ensure the hardware meets a consistent standard. This information shall be made available to the Government upon request.

C.1.4.1 Teardown and Inspection

The contractor shall teardown cores and inspect components IAW the standards defined in the appropriate TDP.

C.1.4.2 Process Improvements

The contractor shall apply Lean Sigma or other process improvement tools and techniques to develop and implement process improvements at each transmission manufacturing site.

C.1.5 Shipping and Delivery

The contractor shall be responsible for hardware deliveries and shipment.

C.1.5.1 Shipping and Delivery

The contractor is responsible for delivery of all hardware procured under this contract. The contractor shall be responsible for shipment of all hardware deliverables and arranging transportation requirements.

Deliveries will be Free on Board (FOB) Destination.

C.2 Program Management

C.2.1 Program Management

The contractor shall provide Program Management support including oversight of production activities, quality assurance, and engineering in support of production. The contractor shall maintain a management organization, management systems, and processes to execute the technical, management, schedule and cost obligations set forth in this contact.

C.2.2 RENK Site Management Oversight

The contractor shall maintain a presence at each of the build sites. This will include the functions of site management, technical, material management, and quality oversight required to ensure a common build standard and adherence to delivery schedules.

C.2.2.1 Floor Support/Dynamometers (Dyno)

The contractor shall provide technical support to include assisting manufacturing (at each build site) in understanding and interpreting drawings and technical data, Material Review Board actions regarding discrepant materials (see paragraph E.1.8 and E.1.8.1) and serve as a liaison with STS contractor design personnel. The contractor shall provide the technical support required to ensure all dynos are

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suitable for acceptance and control tests per the NMWR and transmission specifications at all build sites.

C.2.3 Engineering Support in Production (ESIP)

The contractor shall provide Engineering support to all build sites to ensure build standards are being interpreted and followed consistently, provide support to resolve issues and questions related to the build process, troubleshoot during manufacture and test, collect data to monitor the process, and provide Quality Engineering support from incoming materials through outgoing product. ESIP shall also include maintenance to the Technical Data Package (TDP), Manufacturing and BOMs, and the NMWR upgrade and remanufacture drawings for changes due to obsolescence, procurement, and manufacturing processes.

C.2.4 ESIP Systems Engineering

C.2.4.1 The contractor shall perform engineering against a Systems Engineering process, to include design, redesign, development, integration, validation, and testing for all systems, subsystems, hardware, and software reflected by the technical activities conducted in support of production. . The contractor is responsible for ensuring that optimum solutions are introduced into the transmission design without sacrifice in areas of total system performance, reliability, durability, safety, cost, maintainability, and quality. The contractor may to conduct design studies, feasibility and trade-off studies, safety and human factors analysis, perform market surveys, fabricate hardware, prepare test plans, and perform testing where applicable and required for Government Configuration Control Board

(CCB) approval of ESIP generated Engineering Change Proposals (ECPs). The contractor may be required to prepare engineering hardware cost and schedule estimates based on the production quantities. The contractor shall design for commonality between the Bradley Fighting

Vehicle (BFV), Paladin Integrated Management (PIM), Multiple Launch Rocket System (MLRS), and Armored Multi-Purpose Vehicle (AMPV) platforms.

C.2.4.2 System Validation

The contractor shall provide a system and component validation function as applicable to the proposed ECP. This may include: modeling and simulation; build of prototype hardware or production representative hardware; component bench testing; design verification testing;

qualification testing; and other activities required for Government CCB approval. The contractor shall plan, coordinate, and control lab validation/Qualification Testing for Line Replaceable Unit (LRU) items, alternate source items, and new components as a result of production associated changes or improvements. Data recorded from testing shall be used to validate specification and final configuration compliance.

C.2.5. The contractor shall create new drawings and redrawn drawings IAW MIL-STD-31000, Technical Data Packages, and the TDP Option

Selection Worksheet IAW Attachment 0001 and deliver IAW CDRL A004. The contractor shall revise existing drawings IAW the drawing preparation standards that the drawings were originally prepared to. Drawings shall be prepared in a Government approved format, using third angle projection, decimal-inch, English language, and meet the requirements of ASME Y14.100-2017, Engineering Drawing Practices

IAW CDRL A004. The contractor shall select the drawing types needed to define an item, subject to Government approval IAW ASME Y14.24-

2012, Types and Applications of Engineering Drawings. The drawings shall be dimensioned and tolerance IAW ASME Y14.5-2009, Dimensioning and Tolerancing. The contractor shall prepare specifications IAW MIL- STD-961, Defense and Program Unique Specifications Format and

Content (CDRL A005). All new data must be submitted to the Government for review/approval before an ERR is accepted.

C.2.6 Obsolescence

The contractor is responsible for screening and subsequent replacement and or redesign of a substitute part/system required due to parts becoming unavailable/obsolete. This effort is limited to parts availability/obsolescence issues that directly impact the contractors ability to build HMPT Series transmissions and associated hardware under this contract.

C.2.6.1 Redesign

The Government will issue work directives via an STS contract for any unavailable/obsolete components requiring a redesign or qualification of a source-controlled vendor and are categorized as a Class 1 change.

C.2.6.2 Obsolescence Alert Notice

The contractor shall notify the Government, IAW CDRL A023, within 45 days of identifying or being notified of an obsolescent part by a supplier. This notification shall include manufacturer, manufacturer part number, last time buy date, estimated quantity needed, unit and extended cost, as well as any purchase constraints such as a minimum order quantity.

C.2.6.3 Purchase of Obsolescent Parts

The Government may, on or before the last time buy date in the notification, provide funding to sign a bilateral contract action with the contractor to purchase the obsolescent parts from the contractor at the contractors cost plus the composite material rate listed in section H.2.2.2.1.

C.2.6.4 Storage and Inventory of Obsolescent Parts

The contractor will store obsolescent parts added to the GFM list according to the manufacturers instructions. The balance of obsolescent parts, by owning activity, shall be kept in Section H. The contractor shall conduct a semi-annual inventory, by owning activity, and report the results IAW CDRLs A023 and A024.

C.2.6.5 Transfer of Obsolescent Material

The Government will notify the contractor of pending orders and the contractor will reply confirming what, if any, obsolescent material

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will be necessary for production. The contract action procuring the hardware will authorize the material use as well as adjust the balance of obsolescent parts in Section H.

C.2.7 First Pass Yield

The contractor shall be responsible for collecting acceptance test yield data from all build sites. Data collection shall include:

a. Transmission (XM) serial number.

b. Build site and test site.

c. Pass/Fail records.

d. Root cause documentation for failure records.

The contractor shall submit an Acceptance Test First Pass Yield Report IAW with CDRL A003. The data or method of collection is subject to Government audit at any time.

C.2.7.1 Criteria for Determining Acceptance Test First Pass Yield (FPY)

a. The FPY percentage is an indicator/measurement of: workmanship on components; sub-assemblies; final build; adherence to process/NMWR requirements; and quality of procured material and performance of the Acceptance Test itself. All acceptance test failures shall be used in the FPY calculation regardless of cause except as indicated in paragraph c. below.

b. The FPY percentage is derived by dividing the number of transmissions which passed the acceptance test on the first attempt, by the total number of transmissions tested.

c. If a transmission fails the acceptance test and subsequent investigation determines the test cell itself or associated equipment was the cause, then the transmission is not considered a FPY failure upon passing a re-test.

d. Regardless of corrections made to failed transmissions and subsequent re-tests (except as noted in paragraph c. above) the FPY percentage shall not be changed.

C.2.8 Transmission Repair

The contractor shall repair returned transmissions and ancillary hardware (TCM, TEC Cables, and Shift Towers) previously delivered that failed either through the Product Quality Deficiency Report (PQDR) process or Failure Analysis process which are deemed non-functional due to a cause other than the production requirements. Upon request by the PCO, the contractor shall perform an analysis of the condition of the returned transmissions or ancillary hardware to determine the amount of repair required. The repair process, materials, and costs shall be included in the contractor's repair proposal.

C.2.9 Environmental Compliance and Hazardous Materials Management

C.2.9.1 Environmental Compliance

The contractor shall ensure that all aspects of contract execution in this agreement are in compliance with applicable International, United States Federal, State, interstate and/or local environmental regulations and requirements. Such regulations, conditions, or instructions in effect or prescribed by any International, Federal, State, interstate or local governmental agency are hereby made a condition of this Agreement. The contractor shall immediately notify the COR if the Government gives any instruction or direction the contractor believes may result in violation of applicable law(s) and/or regulation(s). For contractor activities conducted at a

Government facility or installation, the contractor shall immediately notify the Government of any nonconformance and/or noncompliance related to this Statement of Work (SOW).

C.2.9.2 Hazardous Materials Management

For the purposes of this contract, hazardous materials shall be defined by FED-STD-313. A Radioactive material is defined as any source material, as defined by Title 10, Code of Federal Regulations, Part 40, Domestic Licensing of Source Material, in excess of 0.05 percent by weight. Specific prohibited hazardous materials for the contract are identified in section C.2.9.3. Prohibited materials requirements shall apply to all components, parts, and materials provided under this contract, including items purchased through a subcontractor or supplier, COTS components, OEM parts, and manufactured parts.

C.2.9.3 Prohibited Materials

The system shall not have prohibited materials (including alloys containing prohibited materials) present in or on any delivered systems or support equipment, required for operation and sustainment of the system, or used in final manufacture and assembly processes. The following are prohibited materials: asbestos, beryllium, Class I and Class II Ozone Depleting Substances (ODS), hydrofluorocarbons

(HFCs), hexavalent chromium, cadmium, mercury, lead, radioactive materials, and other Group 1 Agents classified as "carcinogenic to humans" by the International Agency for Research on Cancer (IARC) Monographs.

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The following exceptions are allowed without prior approval from the Government:

- Cadmium and hexavalent chromium on electrical connectors and back shells used to mate with cadmium electrical connectors on Government

Furnished Equipment (GFE) or used in an Automatic Fire Extinguishing System (AFES)

- Products listed under "Priming" and "Topcoating" in MIL-DTL-53072, Table I

- Lead-acid batteries

- Lead solder

- Leaded battery terminal adaptors/clamps

- Silica used in adhesives and sealants

- Fuels specified for use in the requirements of this contract

- Steel containing up to 0.35 % lead by weight

- Aluminum containing up to 0.4 % lead by weight

- Copper and Brass alloys containing up to 4 % lead by weight

- Beryllium and Beryllium alloys used in electrical components

- Mercury containing components compliant with European Union (EU) Directive 2011/65/EU (RoHS 2)

- Trace amounts of identified restricted materials contained in base materials and/or alloys. For the purposes of this contract trace amounts are defined as <0.1% by weight for carcinogens and <1% by weight for all other materials

- HFCs in fire extinguishing systems in crew-occupied spaces

- R134a in ground vehicle air conditioning systems

C.2.9.4 Prohibited Materials Waivers

Waivers from the prohibited materials requirements shall not be permissible except where a suitable alternative does not exist. The

Contractor shall submit waiver requests to the COR no later than the 90 days after contract award using the Request for Use of

Prohibited Materials with Attachment 0002. Waiver requests shall include detailed technical justification for the use of prohibited hazardous materials. The Government will make the final determination on whether sufficient justification has been provided to support approval of any waiver requests. Government response will be provided to the Contractor within 30 days of receiving sufficient justification for the waiver request. The Contractor shall not deliver any items containing prohibited materials without the Government approval of the waiver request. This includes purchased parts or components such as fasteners, electrical connectors, and lubrication fittings.

C.3 Use of Government Owned or Furnished Property

C.3.1 The contractor is authorized to utilize Government-owned or Furnished Property provided under this contract for any task or purpose required to support ESIP activities. Use shall include shipment of Government property to contractor, subcontractor, Aberdeen

Test Center (ATC), Yuma Test Center (YTC), or Camp Roberts, or other sites required by the Government.

C.3.2 Government assets intended for the production build shall not be redirected or loaned to STS activities without written concurrence from the PCO. Authorized use shall include the shipment of Government property to contractor, subcontractor, ATC, YTC, Camp

Roberts, or other locations. Use of Government assets shall be on a non-interference basis and shall be at no additional cost to the

Government.

C.3.3 Contractor Requisitions and Reporting Requirements for Government Furnished Material/Government Furnished Equipment (GFM/GFE)

C.3.3.1 All contractor requisitions must be processed through the Material Control Authority (MCA) office and shall include the NSNs and total quantities for each part listed in attachments to the contract. The contractor shall submit acknowledgement of receipt of material received, via e-mail message, to the supporting MCA office (TACOMMCA@conus.army.mil) on a monthly basis. The notification shall include the following information: NSN; unit of issue; quantity received; document number received; date material received.

C.3.4 Storage of Material

C.3.4.1 The contractor shall store any excess obsolescence material under this contract until such time as the items are used in support of the contract or the Government gives disposition instructions.

C.3.5 Copyrights

C.3.5.1 All technical manuals and training materials shall be delivered with unlimited or unrestricted rights IAW DFARS 252.227-7013, 252.227-7014, and 252.227-7015. Contractor shall acquire and deliver copyright releases in writing and the copyright release shall be written for the Government's use IAW sample letter (Attachment 0003), which shall be on Company letterhead, dated and signed by an authorized Company Officer. The contractor shall ensure the Government has unlimited or unrestricted rights to use, modify, reproduce, perform, display, release, or disclose the technical manuals and training materials, in whole or in part, in any manner, and for any purpose whatsoever, and to have or authorize others to do so.

C.3.6 Configuration Management Plan

The contractor shall manage the configuration of the HMPT800 transmission system (to include the TCM, shift tower, TEC cables, and adaptors) using ANSI/EIA-649-A and MIL-HDBK-61A as guidance.

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a. The contractor shall identify, document, and verify the functional and physical characteristics of a configuration item, controlling changes to an item and its documentation, recording the configuration of actual items.

b. The Government reserves the right to review contents and verify the accuracy of the contractors configuration control system at any time during the contract.

c. The Government reserves the right to review all Engineering Change Proposals.

C.3.6.1 Product Configuration Identification

All performance/product specifications, product drawings, Reset Drawings, approved changes, remanufacture documents, to include the NMWR and software documentation used for design and production of a transmission shall constitute the Product Configuration Documentation

(PCD) for that system.

C.3.6.2 Rights to Technical Data

IAW CDRLS in Exhibit A, all PCD data created or obtained from this contract, or previous contracts, for use in the performance of the work designated by the Government, using solely Government funds, shall be available with unlimited rights as described in the

Department of Defense FAR Supplement (DFARS) clause 252.227-7013. The Government shall have access to such data at all times. All drawings and data shall be delivered to the Government immediately upon termination of this contract.

C.3.6.3 Configuration Services

Thhe contractor shall manage the configuration of the HMPT800 transmission (to include the TCM, shift tower, cables, and adaptors) using

ANSI/EIA-649-A.

C.3.6.3.1 The contractor shall provide electronic copies/access to current drawings, Drawing Lists, Engineering Bill of Materials

(EBOM), Gerber Files, Artwork Masters, Technical Data Packages (TDPs), ECPs, as built documentation/BOMs, and any other updates to the

PCD data when required by the Government. The contractor shall also supply PCD provisioning services to Foreign/Domestic Customers as authorized by the Government.

C.3.6.3.2 Technical configuration data required for delivery to the Government shall be adequate for competitive acquisition and procurement.

C.3.6.3.3 The contractor shall not prepare data for components or items for which Government release data exists.

C.3.6.3.4 The contractor shall deliver the source code for all Computer Software Product End Items delivered under this contract. The contractor shall deliver all Computer Software Product End Items developed under this contract, per CDRL A007.

C.3.6.4 Engineering Change Proposals (ECP)

The contractor shall deliver electronic ECPs including Notice of Revisions (NORs), IAW CDRLS A008 (ECP) and A009 (NOR). The contractor shall deliver an Engineering Release Record (ERR) IAW CDRL A010 for every ECP. ERRs must be approved by the Government. All ERR deliverable data shall include the appropriate metadata attributes.

Design Constraint changes to any PCD data shall be submitted to the Government for approval through a formal, electronic ECP process.

C.3.6.4.1 Class 1 / Changes Impacting Design Constraints

Changes impacting Design Constraints will be classified as Class 1 changes and must be approved by the Government Configuration Control

Board (CCB). ECPs shall be submitted electronically through TARDEC ACE Windchill PDM for review by the CCB IAW CDRL A008. The ECP shall include NORs per CDRL A009, Specification Change Notice per CDRL A005, Interface Control Documents (ICD) per CDRL A011 and ERR per CDRL

A010. Design Constraints are defined by the categories a. through f. below:

a. Changes affecting interchangeability where any support item is replaced with another item. Items that fall into this category are

Repair and Spare Parts, Repair Kits, Field Tools/Support Equipment, and Training Devices.

b. Changes that impact Interface Control Documents.

c. Changes that impact Logistics or MANPRINT (Safety, Health Hazards, Soldier Survivability, Human Factors, Personnel, Manpower, and

Training).

d. Changes which impact testability (does not apply to production test equipment).

e. Any changes in the remanufacture or reset process to authorize a change in the build standard from a mandatory replacement part (new) to a remanufactured or reset part.

f. Any change that is Government-directed.

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C.3.6.4.2 Minor / Changes Impacting Design Constraints

Minor Changes are ECPs which do not meet the definition of Major; and which affects or potentially affect form, fit or function, interface, producibility, material, visual characteristics, marking, packaging, etc. Minor ECPs are generally minor additions, deletions or changes to physical features; minor changes to requirements which do not impact end use functionality; and changes to dimensions, tolerances, materials, quality assurance requirements, packaging, marking, etc. The contractor has the authority to implement Minor ECPs on their own; however, they must first obtain agreement from a DCMA local representative on classification, and must provide updated drawings with the next Major ECP submittal to Government.

C.3.6.5 Value Engineering Change Proposals (VECP)

VECPs shall be prepared in the same manner as ECPs.

C.3.6.6 ECP Co-User Requirements

The contractor shall coordinate change concurrence with the Design Authority of any PCD data not under its custodianship.

C.3.6.7 Configuration Status Accounting Reporting

The contractor shall maintain an internal Configuration Status Accounting (CSA) System that reflects all changes, shows the change status and tracks those changes for planned, authorized and as built configuration. The contractor shall provide a report as requested by the Government. Use of all Government-issued drawing numbers as part of any vehicle or component configuration shall be reported.

C.3.6.8 Drawing and Technical Data Custodianship

The contractor shall be responsible for all original documents in its possession. As custodian, the contractor shall not make any changes authorized to the original documents without proper Government coordination and documentation.

C.3.6.8.1 Drawing Custodianship List

The contractor shall create and/or maintain a drawing list for the transmission and associated hardware.

C.3.6.8.2 Interface Drawings

The contractor shall be responsible for maintaining all drawings for which it is the custodian. The contractor shall be responsible for

Interface Control Drawings (ICD) for which it is the custodian. The contractor shall be responsible for coordinating the evaluating changes to any other ICD/drawings on/for the vehicle system, subsystem, and special purpose kits or in support of the vehicle operation.

C.3.6.9 Security Requirements

The contract will not require access to classified information in performance of this contract. The contractor will have access to

Controlled Unclassified information. Controlled Unclassified Information (CUI) provided to or generated pursuant to this contract shall be protected. The procedures for the protection of CUI are as outlined in the Controlled Unclassified Information (CUI) attachment

(Attachment 0004) and DFARS 252.204-7012.

The contractor shall ensure any covered defense information provided by the Government under this contract is destroyed or sanitized from contractor-owned media and reported IAW NIST Special Publication (SP) 800-88, Rev 1, Guidelines for Media Sanitization, December

2014, and returned to the owning organization upon the completion of the contract or as directed by the Contracting Officer.

C.3.6.9.1 Security Markings

Distribution Statements are required to be placed on all technical documents. These notices will be placed on the front cover or first page of the document.

Technical documents (or data) is defined as containing information (experimental, developmental, engineering works) that can be used to define an engineering or manufacturing process or to design, procure, produce, support, maintain, operate, repair or overhaul material.

The information may be in text, graphic or pictorial form.

The following statement will be applied to technical data. Exceptions for the use of another distribution statement shall be submitted to the PM MAV Security Office, in writing, with justification. Refer to DoD Instruction 5230.24 for a list of other distribution statements.

DISTRIBUTION STATEMENT D: DISTRIBUTION AUTHORIZED TO THE DEPARTMENT OF DEFENSE AND U.S. DOD CONTRACTORS ONLY DUE TO EXPORT CONTROLLED, ADMINISTRATIVE OR OPERATIONAL USE, AND CRITICAL TECHNOLOGY. THIS THIS DETERMINATION MADE ON 05 October 2022. OTHER REQUESTS FOR THIS

DOCUMENT SHALL BE REFERRED TO PM-MAV, ATTN: SFAE-GCS-AO, 6501 EAST 11 MILE ROAD, DETROIT ARSENAL, MI 48397-5000.

WARNING - This document contains technical data whose export is restricted by the Arms Export Control Act (Title 22, U.S.C., Sec 2751, et seq) or the Export Administration Act of 1979, (Title 50, U.S.C., App. 2401 et seq) as amended. Violations of these export laws are subject to severe criminal penalties. Disseminate IAW provisions of DoD Directive 5230.25.

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DESTRUCTION NOTICE - Destroy by any method that will prevent disclosure or reconstruction of the document.

C.3.6.9.2 Public Release Requests

The contractor shall screen all information submitted for determination of public release to ensure it is both unclassified and technically accurate. The contractor shall provide a letter of transmittal certifying a screening was conducted and that the contractor attests that the information is unclassified and technically accurate, to the best of the contractor's knowledge. The contractor shall not release program information outside of program channels until the Government review process is complete. The contractor shall submit all requests for public release approval through the Procuring Contracting Officer (PCO) for a review by Government technical and security personnel and by the Government's Public Affairs Officer (PAO). The PCO will, after appropriate review, either authorize or reject the request to disseminate Government information publicly. Note that authorization may be given contingent on specified changes being made to the material for which public release has been requested. The program requires 45 calendar days to process the request and render a decision. Requests for public release shall be sent electronically via encrypted email using cryptographic products that are

National Institute for Standards and Technology/National Information Assurance Partnership (NIST/NIAP) approved or mail a Compact

Disc/Digital Video Disc (CD/DVD) using U.S. Postal First Class mail.

C.3.6.9.3 Operations Security (OPSEC) Requirements

The contractor is not required to produce an OPSEC Plan. U.S. contractors with access to CUI (e.g. technical information, information marked with a distribution statement or FOUO) information shall be required to follow the MAV OPSEC Plan, Attachment 0005. To ensure awareness of the MAV OPSEC Plan, the contractor shall provide annual training for personnel supporting this contract on the contents of the MAV OPSEC Plan. The contractor shall ensure that new personnel receive MAV OPSEC Plan specific training within 30 days of program assignment. Personnel who have taken the MAV OPSEC Plan training within the last 12 months shall be considered compliant unless the MAV

OPSEC Plan has been revised since the last training. The contractor shall report IAW CDRL A012.

C.3.6.9.3.1 OPSEC Awareness Training Requirements

All contractor employees shall complete OPSEC Awareness for Military Members, DoD Employees and Contractors training. This training is available at: https://securityawareness.usalearning.gov/opsec/index.htm . All training shall be completed and reported IAW CDRL

A013 (OPSEC Awareness Training Report) and have available all certificates of completion for initial and annual reporting requirements.

An alternative method is to conduct face-to-face training in a classroom or auditorium setting, utilizing a downloaded version of the

CDSE OPSEC Awareness training with a sign-in or attendance sheets along with copies of the completed test questions/exam from the CDSE training for each participant verifying passing with a score of 75% or better in lieu of certificates. The instructor will be OPSEC

Level II certified to perform this alternative training method.

C.3.6.9.4 Common Access Card (CAC) or Installation Access Identification

Issuance of a CAC is authorized under this contract if one of the following requirements under Issuance is met.

C.3.6.9.4.1 Issuance

The contractor employee shall be issued a CAC only if duties involve one of the following: (1) Logical access to a DoD network that requires a CAC for login or a DoD website that only accepts the CAC for login access; or (2) Both physical access to a DoD facility and access, via logon, to DoD network on-site or remotely. Access to a DoD network must require the use of a computer with Government-controlled configuration or use of a DoD-approved remote access procedure IAW Defense Information Systems Agency; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of

6 months or more. Contractor employees who meet these requirements shall be issued a CAC as explained at http://www.cac.mil/common-access-card/getting-your-cac/for-contractors/ . Contractor employees who do not meet the requirements for a CAC but are required to have access to a government installation shall be sponsored for an installation Identification card by the contracting officers representative (COR) and provide all information to comply with adjudication standards and procedures using the National Crime

Information Center Interstate identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-

13), applicable installation, facility and area commander agreements and other theater regulations.

C.3.6.9.4.2 Protection and Handling of Identification (ID) Cards and Reporting Lost or Stolen Cards

For CAC, refer to http://www.cac.mil/common-access-card/managing-your-cac/ . Installation identification or badge shall be displayed while on the installation on the front of the outer garment between the shoulder and waist. The contractor is responsible for ensuring all ID cards are properly safeguarded and accounted for at all times. The contractor shall immediately file an installation police report in cases of loss, theft, forgery, or damage and report to the COR.

C.3.6.9.4.3 Return of ID Cards

The contractor shall ensure that all employees, including all subcontractor employees at all tiers, return installation and/or access badges IAW FAR 52.204-9 to the Visitor Control Center for deactivation and destruction. If a contractor employees badge is not returned, the contractor shall report, as soon as the incident is discovered, the unrecovered badge to the Installation Police. Contractor employees in possession of a CAC shall be responsible for turning in the CAC IAW FAR 52.204-9 and providing the CAC to the COR. All ID cards (installation or CAC) are property of the U.S. Government.

C.3.6.9.5 Antiterrorism (AT) Level 1 Training

All contractor employees conducting work on a DOD controlled installation, facility or area shall complete initial AT Level 1 training and annual training through the life of the contract. AT Level I awareness training is available at the following website:

https://jkodirect.jten.mil/pdf/atl1/launch.html . All contractor employees shall adhere to CDRL A014 training and reporting

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requirements and have available upon request all certificates of completion for initial and annual reporting requirements. An alternative method is to conduct face-to-face training in a classroom or auditorium setting, using a sign-in or attendance sheets in lieu of certificates. The instructor will be Antiterrorism Level II certified and be an appointed Antiterrorism Officer to perform this alternative training method.

C.3.6.9.6 iWatch Training

The contractor shall use Government provided iWatch training for all contractor personnel supporting the contract who are operating on a

DoD controlled installation, facility or area. This training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. iWatch Training shall be accomplished NLT 30 days after the contract award date and accomplished within 30 calendar days after new employees commencing performance. All contractors are required to adhere to CDRL

A015 training and reporting requirements. Training shall be obtained at: https://www.mepcom.army.mil/Home/contractors.aspx

C.3.6.9.7 Antiterrorism (AT) Awareness Training for Contractors Traveling OCONUS

Contractor employees and associated subcontractor employees shall receive government-provided Anti-Terrorism (AT) awareness training specific to the area of responsibility (AOR) as directed by AR 525-13. Specific AOR training content is to be directed by the combatant commander, with the unit Anti-Terrorism Officer (ATO) being the local point of contact.

C.3.6.9.8 Information Flow Down

The contractor shall ensure the security requirements and guidelines contained in section C.3.6.9 is flowed down to U.S. subcontractors and consultants.

C.3.6.10 Data Markings on Tech Data Deliverables

The Government will require a distribution statement on all technical data delivered, and, if applicable, an export control warning, IAW

DODI 5230.24.

C.3.6.11 Army Ordnance Part Numbers (AOPNs)

For items, components, or processes (ICPs) developed or modified under this contract, the contractor shall assign Government-issued

AOPNs to all product data created under this contract. Product data shall use the AOPN as both the drawing number and base Part or

Identifying Number (PIN), along with CAGE 19207 as the original design activity to establish unique item identification. Items described on a vendor item drawing or source control drawing shall be assigned an AOPN and that AOPN shall be called out on all up assemblies. The contractor shall request AOPNs from the designated Government CM (CDM) Representative. The contractor shall request additional blocks of numbers on an as needed basis via e-mail to the CM (CDM) representative.

C.3.6.12 Product Data Custodianship - Including Drawings, Models, and Associated Documents

C.3.6.12.1 The contractor is responsible for all original data in its possession. As custodian for the Government during the contract performance period, the contractor shall make any changes to the original data authorized by i.e. TACOM, the Design Activity, and provide RDTA-EN/CM with compliant data as part of the ERR package IAW the ERR requirements of this contract.

a. The contractor shall distribute additional copies of changed data to co-users and other recipients as described in the SOW…

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