Solicitation Amendment W912CH26BA0100004 SF 30.pdf

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 amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or electronic communication 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 letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER 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

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. The purpose of this Amendment is to:Block 14 (Description of Amendment/Modification):

Section E:

a) Change the final sentence E.1 USE OF MIL-STD 1916 (a) from, "The Verification Level (VL) shall be VL -1- for major characteristics and VL -2- for minor characteristics", to, "The Verification Level (VL) shall be VL IV for major characteristics and VL II for minor characteristics."

Section M:

a) Edit the following sub-section:

M.5 BASIS OF AWARD

2. All other terms and conditions, except for those addressed above, remain unchanged and are in full force and effect.

Section E - Inspection and Acceptance

Miscellaneous text in this section has been modified from:

E.1 USE OF MIL-STD 1916

(a) The Government will not accept lots whose samples submitted for acceptance contain non-conformances unless appropriately documented and approved by the contracting officer. The contractor shall use MIL-STD 1916, DOD Preferred Methods of Acceptance of Product. The Verification Level (VL) shall be VL -1- for major characteristics and VL -2- for minor characteristics.

(b) MIL-STD HDBK-1916 provides guidance on the use of MIL-STD 1916. This handbook is not contractually binding.

E.2 INSPECTION AND ACCEPTANCE POINTS: ORIGIN

W912CH26BA0100004

The Government's inspection and acceptance of the supplies offered under this contract/purchase order shall take place at ORIGIN. Offeror must specify below the exact name, address, and CAGE of the facility where supplies to be furnished under this contract/purchase order will be available for inspection/acceptance. See Attachment 0003 for inspection requirements.

INSPECTION POINT: __________________________________________

(Name) (CAGE)

(Address) (City) (State) (Zip)

ACCEPTANCE POINT: __________________________________________

E.3 NOTICE REGARDING FIRST ARTICLE TEST SAMPLE

(a) The approved first article items, as described elsewhere in this contract, consist of a quantity of 0 that will be consumed or destroyed in testing. Any items consumed or destroyed in testing shall not be delivered as part of the contractually required quantity as set forth in the schedule. The cost of any items that are consumed or destroyed shall be included in the overall offer or contract price.

A quantity of 2 that successfully passes all specified tests, less the destructive tests, if any, 2 serve as a manufacturing standard for the remainder of the contract.

(b) A manufacturing standard is an item, which conforms to all technical performance requirements. A manufacturing standard will serve as 1) an aid in identifying configuration changes not controlled by the contractual design. 2) an aid in identifying any process changes, or 3) the approved workmanship sample, when required, unless alternate samples are submitted for specific characteristics by the Contractor and approved by the Government.

(c) The manufacturing standard will only be used to supplement contractual acceptance/rejection criteria for those process characteristics that require approved workmanship samples. For other characteristics, if configuration or process changes are identified in production units, the contractor will notify the contracting officer for disposition. Manufacturing items that serve as a manufacturing standard may be delivered as part of the contractual quantity with the last shipment made under this contract provided it meets all contractual requirements existing at time of delivery.

E.4 INSPECTION AND ACCEPTANCE (FIRST ARTICLE APPROVAL)

In addition to inspection requirements specified in applicable drawings and/or specifications, the following provisions shall apply to this contract:

(a) FIRST ARTICLE APPROVAL-CONTRACTOR TESTING: First Article Approval-Contractor Testing shall be performed in accordance with QP 11-1-2780-8.

(b) The First Article Test Report (FATR) shall be compiled by the contractor to the contractor's own format. The FATR shall document the results of all inspections and tests (including supplier's and vendor's inspection records and certifications, when applicable). The FATR shall include actual inspections and test results to include all measurements, recorded test data, and certifications (if applicable) keyed to each drawing, specification and Quality Assurance Provision (QAP) requirement and identified by each individual QAP characteristic, drawing/specification characteristic and unlisted characteristic. The FATR shall contain sufficient narrative content, technical data, illustrations or photographic evidence, and an objective determination by the contractor to allow the designated Government representative to determine that the First Article Test was successfully completed.

E.5 GOVERNMENT REVIEW OF CONTRACTOR FIRST ARTICLE TEST (FAT)

(a) Upon delivery of the First Article Test Report (FATR), the Government may elect to either:

1. Ship Option: Require the Contractor to ship the First Article Test (FAT) sample(s) to the Government at the following address within five business days:

US ARMY COMBAT CAPABILITIES DEVELOPMENT COMMAND,

SOLDIER CENTER (DEVCOM SC) AERIAL DELIVERY

ENGINEERING SUPPORT BRANCH (ADEST), FCDD-SCD-SAE

ATTN: ANDY MELONI

15 General Greene Ave

BUILDING 3 ROOM-213

NATICK, MA 01760

DODAAC W56YHX

2. The Contractor shall provide shipment tracking information, including carrier name, tracking number, and estimated delivery date, to the Government via email to andrew.

within two business days of shipment. The Government will w.meloni.civ@army.mil inspect the FAT sample(s) upon receipt to verify conformance with the Technical Data Package (TDP).

mailto:andrew.w.meloni.civ@army.mil

3. On-site Inspection Option: Conduct an on-site physical inspection of the FAT sample(s) at the Contractor's facility within the 30-day Government FATR review period. The Contractor shall provide the Government with access to the FAT sample (s), a reasonable workspace, and all necessary tools and equipment required for the inspection. The Government will inspect the FAT sample(s) on-site to verify conformance with the Technical Data Package (TDP).

In either case, the Government will utilize the collected information along with any contractor-submitted data to review and determine acceptance or rejection of the FATR.

(a) If the Government elects the shipment option, the Contractor shall bear all responsibility and expense related to removal and disposal of the FAT sample(s) from the Government facility.

Within five business days of Government notification of FAT acceptance or rejection, the Contractor shall provide the Government, via email to , a written andrew.w.meloni.civ@army.mil removal plan specifying the carrier name, pickup date and time, shipping method, and point of contact for coordination. Removal shall occur no later than ten business days from the Government notification date. Failure to remove the FAT sample(s) within this timeframe may result in Government disposition at the Contractor's risk and expense.

(b) Any non-conformance identified during production that was not detected during the FATR review and FAT inspection or shipment does not absolve the Contractor of responsibility. The Contractor shall immediately rectify such non-conformance on all subsequent production units at the Contractor's expense. The Government reserves the right to convene a meeting of stakeholders to determine acceptability and final disposition of any non-conforming material previously delivered. Such disposition may include, but is not limited to, acceptance as-is, repair, or replacement at the Contractor's expense.

E.6 NOTICE REGARDING FIRST ARTICLE TEST

(a) Notwithstanding the provisions for waiver of first article, an additional first article sample (or portion thereof) may be ordered by the Contracting Officer in writing when (i) a major change is made to the technical data, (ii) whenever there is a lapse in production for a period in excess of one year, or (iii) whenever a change occurs in place of performance, manufacturing process, material used, drawing, specification or source of supply.

(b) When any of the conditions above occurs, the Contractor shall notify the Contracting Officer so that a determination can be made concerning the need for the additional first article sample (or portion thereof), and instructions can be provided concerning the submission, inspection, and notification of results.

(c) Costs of any additional testing and inspection resulting from conditions specified above shall be borne by the Contractor, unless the change was directed by the Government. Further, any production delays caused by additional testing and inspection will not be the basis for an excusable delay as defined in the default clause of this contract. Such delays shall not form the basis for adjustment in contract price or delivery schedule.

E.7 PROVISION FOR WAIVER OF REQUIRED FIRST ARTICLE APPROVAL - SEALED

BIDDING

(a) The Government reserves the right to waive the requirement entitled First Article Approval (RFO FAR 52.209-3), incorporated via Section I. Bidders interested in submitting a First Article waiver request shall adhere to the following:

(1) Bidders must provide sufficient information for the Government to determine whether the First Article waiver request will be approved. If the Bidder intends to request a waiver, Attachment 0002: First Article Waiver Worksheet must be completed and submitted to the Government, along with any supporting documentation, as part of its bid. The worksheet is located in Section J of this IFB. The Bidder's request will not be considered if the worksheet and any supporting documentation are not submitted to the Government. The worksheet must be completed in its entirety. For those sections of the worksheet that do not apply, annotate with "N/A" (not applicable). To substantiate or clarify information provided by the Bidder, the Government may request additional information. Incomplete worksheets may result in the waiver request being denied.

(2) Supporting Documentation. The First Article waiver request must be accompanied by documentation in support of the request. This documentation may include the following:

i. A copy of the Administrative Contracting Officer (ACO) or Procuring Contracting Officer (PCO) letter approving a First Article Test Report (FATR) on a recent contract for the same or similar item;

ii. A copy of a FATR for the same or a similar item as that solicited herein*;

iii. A copy of an ACO or PCO letter approving a prior waiver request; and/or

iv. If the waiver request is based on similarity, a copy of the drawing/other appropriate technical requirements of the similar item.

*Note: If a copy of a FATR is submitted in support of a waiver request under this IFB, the report must have been approved and signed by an authorized representative of the Government.

(3) The worksheet and any additional supporting documentation are part of your bid and must be submitted as part of the response to this IFB on company letterhead and signed by an agent of the company.

(4) Bidders shall not assume that a First Article waiver request will be approved even if the completed worksheet and any supporting documentation are submitted to the Government.

(5) Partial First Article waiver requests will neither be reviewed nor accepted.

(b) The Government will not consider any First Article waiver requests as part of its price evaluation process and will only review the apparent low Bidder's First Article waiver request, following the bid opening event and prior to contract award, if submitted.

(c) Accelerated Delivery Schedule.

(1) If the Government approves a Bidder's First Article waiver request, an accelerated delivery schedule pursuant to Section F.3 shall apply.

(2) If a Bidder submits a First Article waiver request but takes exception to the accelerated delivery schedule, the waiver will be rejected. Consequently, any award to this Bidder will reflect either (i) the Government-required delivery schedule pursuant to Section F.3 or (ii) the Bidder-proposed delivery schedule in that narrative, if the Government accepts it.

(d) Cost Considerations.

(1) If the Government approves a Bidder's First Article waiver request, the proposed FAT price, as identified by the Bidder at Section B, CLIN 0016, will be deducted from the total award amount.

(2) If the Government rejects a Bidder's First Article waiver request, and the Bidder failed to separately identify its FAT price at Section B, CLIN 0016, the Government will require the Bidder to perform on contract at such price whether or not the First Article requirement is waived, at no additional cost to the Government.

(e) Additional First Article Testing.

(1) Absent a First Article Waiver, the Government anticipates requiring First Article Approval only once over the course of the resulting contract, in conjunction with issuance of the first delivery order. However, the Government may require additional First Article Testing if the Awardee changes or moves the production facility at which the contract item is manufactured, or if it submits a significant configuration change in the form of an Engineering Change Proposal (ECP), Request for Variance (RFV), or similar, during or after performance of the first delivery order.

E.8 TECHNICAL DATA FOR INSPECTION

(a) When requested, the Contractor shall make available to the Government Inspector, the drawings, specifications, and any applicable Engineering Exceptions associated to the technical data, to which the product was manufactured. Upon completion of product inspection and acceptance by the Government Inspector, all drawings, specifications and Engineering Exceptions, will be returned to the Contractor.

(b) If the contractor is not the actual manufacturer of the item being procured (i.e. dealer, distributor, etc.) the contractor shall ensure that subcontractor technical data is available for review to support the Government's inspection requirements.

To:

E.1 USE OF MIL-STD 1916

(a) The Government will not accept lots whose samples submitted for acceptance contain non-conformances unless appropriately documented and approved by the contracting officer. The contractor shall use MIL-STD 1916, DOD Preferred Methods of Acceptance of Product. The Verification Level (VL) shall be VL IV for major characteristics and VL II for minor characteristics.

(b) MIL-STD HDBK-1916 provides guidance on the use of MIL-STD 1916. This handbook is not contractually binding.

E.2 INSPECTION AND ACCEPTANCE POINTS: ORIGIN

The Government's inspection and acceptance of the supplies offered under this contract/purchase order shall take place at ORIGIN. Offeror must specify below the exact name, address, and CAGE of the facility where supplies to be furnished under this contract/purchase order will be available for inspection/acceptance. See Attachment 0003 for inspection requirements.

INSPECTION POINT: __________________________________________

ACCEPTANCE POINT: __________________________________________

E.3 NOTICE REGARDING FIRST ARTICLE TEST SAMPLE

(a) The approved first article items, as described elsewhere in this contract, consist of a quantity of 0 that will be consumed or destroyed in testing. Any items consumed or destroyed in testing shall not be delivered as part of the contractually required quantity as set forth in the schedule. The cost of any items that are consumed or destroyed shall be included in the overall offer or contract price.

A quantity of 2 that successfully passes all specified tests, less the destructive tests, if any, 2 serve as a manufacturing standard for the remainder of the contract.

(b) A manufacturing standard is an item, which conforms to all technical performance requirements. A manufacturing standard will serve as 1) an aid in identifying configuration changes not controlled by the contractual design. 2) an aid in identifying any process changes, or 3) the approved workmanship sample, when required, unless alternate samples are submitted for specific characteristics by the Contractor and approved by the Government.

(c) The manufacturing standard will only be used to supplement contractual acceptance/rejection criteria for those process characteristics that require approved workmanship samples. For other characteristics, if configuration or process changes are identified in production units, the contractor will notify the contracting officer for disposition. Manufacturing items that serve as a manufacturing standard may be delivered as part of the contractual quantity with the last shipment made under this contract provided it meets all contractual requirements existing at time of delivery.

E.4 INSPECTION AND ACCEPTANCE (FIRST ARTICLE APPROVAL)

In addition to inspection requirements specified in applicable drawings and/or specifications, the following provisions shall apply to this contract:

(a) FIRST ARTICLE APPROVAL-CONTRACTOR TESTING: First Article Approval-Contractor Testing shall be performed in accordance with QP 11-1-2780-8.

(b) The First Article Test Report (FATR) shall be compiled by the contractor to the contractor's own format. The FATR shall document the results of all inspections and tests (including supplier's and vendor's inspection records and certifications, when applicable). The FATR shall include actual inspections and test results to include all measurements, recorded test data, and certifications (if applicable) keyed to each drawing, specification and Quality Assurance Provision (QAP) requirement and identified by each individual QAP characteristic, drawing/specification characteristic and unlisted characteristic. The FATR shall contain sufficient narrative content, technical data, illustrations or photographic evidence, and an objective determination by the contractor to allow the designated Government representative to determine that the First Article Test was successfully completed.

E.5 GOVERNMENT REVIEW OF CONTRACTOR FIRST ARTICLE TEST (FAT)

(a) Upon delivery of the First Article Test Report (FATR), the Government may elect to either:

1. Ship Option: Require the Contractor to ship the First Article Test (FAT) sample(s) to the Government at the following address within five business days:

US ARMY COMBAT CAPABILITIES DEVELOPMENT COMMAND,

SOLDIER CENTER (DEVCOM SC) AERIAL DELIVERY

ENGINEERING SUPPORT BRANCH (ADEST), FCDD-SCD-SAE

ATTN: ANDY MELONI

15 General Greene Ave

BUILDING 3 ROOM-213

NATICK, MA 01760

DODAAC W56YHX

2. The Contractor shall provide shipment tracking information, including carrier name, tracking number, and estimated delivery date, to the Government via email to andrew.

within two business days of shipment. The Government will w.meloni.civ@army.mil inspect the FAT sample(s) upon receipt to verify conformance with the Technical Data Package (TDP).

3. On-site Inspection Option: Conduct an on-site physical inspection of the FAT sample(s) at the Contractor's facility within the 30-day Government FATR review period. The Contractor shall provide the Government with access to the FAT sample (s), a reasonable workspace, and all necessary tools and equipment required for the inspection. The Government will inspect the FAT sample(s) on-site to verify conformance with the Technical Data Package (TDP).

W912CH26BA0100004

In either case, the Government will utilize the collected information along with any contractor-submitted data to review and determine acceptance or rejection of the FATR.

(a) If the Government elects the shipment option, the Contractor shall bear all responsibility and expense related to removal and disposal of the FAT sample(s) from the Government facility.

Within five business days of Government notification of FAT acceptance or rejection, the Contractor shall provide the Government, via email to , a written andrew.w.meloni.civ@army.mil removal plan specifying the carrier name, pickup date and time, shipping method, and point of contact for coordination. Removal shall occur no later than ten business days from the Government notification date. Failure to remove the FAT sample(s) within this timeframe may result in Government disposition at the Contractor's risk and expense.

(b) Any non-conformance identified during production that was not detected during the FATR review and FAT inspection or shipment does not absolve the Contractor of responsibility. The Contractor shall immediately rectify such non-conformance on all subsequent production units at the Contractor's expense. The Government reserves the right to convene a meeting of stakeholders to determine acceptability and final disposition of any non-conforming material previously delivered. Such disposition may include, but is not limited to, acceptance as-is, repair, or replacement at the Contractor's expense.

E.6 NOTICE REGARDING FIRST ARTICLE TEST

(a) Notwithstanding the provisions for waiver of first article, an additional first article sample (or portion thereof) may be ordered by the Contracting Officer in writing when (i) a major change is made to the technical data, (ii) whenever there is a lapse in production for a period in excess of one year, or (iii) whenever a change occurs in place of performance, manufacturing process, material used, drawing, specification or source of supply.

(b) When any of the conditions above occurs, the Contractor shall notify the Contracting Officer so that a determination can be made concerning the need for the additional first article sample (or portion thereof), and instructions can be provided concerning the submission, inspection, and notification of results.

(c) Costs of any additional testing and inspection resulting from conditions specified above shall be borne by the Contractor, unless the change was directed by the Government. Further, any production delays caused by additional testing and inspection will not be the basis for an excusable delay as defined in the default clause of this contract. Such delays shall not form the basis for adjustment in contract price or delivery schedule.

E.7 PROVISION FOR WAIVER OF REQUIRED FIRST ARTICLE APPROVAL - SEALED

BIDDING

(a) The Government reserves the right to waive the requirement entitled First Article Approval (RFO FAR 52.209-3), incorporated via Section I. Bidders interested in submitting a First Article waiver request shall adhere to the following:

(1) Bidders must provide sufficient information for the Government to determine whether the First Article waiver request will be approved. If the Bidder intends to request a waiver, Attachment 0002: First Article Waiver Worksheet must be completed and submitted to the Government, along with any supporting documentation, as part of its bid. The worksheet is located in Section J of this IFB. The Bidder's request will not be considered if the worksheet and any supporting documentation are not submitted to the Government. The worksheet must be completed in its entirety. For those sections of the worksheet that do not apply, annotate with "N/A" (not applicable). To substantiate or clarify information provided by the Bidder, the Government may request additional information. Incomplete worksheets may result in the waiver request being denied.

(2) Supporting Documentation. The First Article waiver request must be accompanied by documentation in support of the request. This documentation may include the following:

i. A copy of the Administrative Contracting Officer (ACO) or Procuring Contracting Officer (PCO) letter approving a First Article Test Report (FATR) on a recent contract for the same or similar item;

ii. A copy of a FATR for the same or a similar item as that solicited herein*;

iii. A copy of an ACO or PCO letter approving a prior waiver request; and/or

iv. If the waiver request is based on similarity, a copy of the drawing/other appropriate technical requirements of the similar item.

*Note: If a copy of a FATR is submitted in support of a waiver request under this IFB, the report must have been approved and signed by an authorized representative of the Government.

(3) The worksheet and any additional supporting documentation are part of your bid and must be submitted as part of the response to this IFB on company letterhead and signed by an agent of the company.

(4) Bidders shall not assume that a First Article waiver request will be approved even if the completed worksheet and any supporting documentation are submitted to the Government.

(5) Partial First Article waiver requests will neither be reviewed nor accepted.

(b) The Government will not consider any First Article waiver requests as part of its price evaluation process and will only review the apparent low Bidder's First Article waiver request, following the bid opening event and prior to contract award, if submitted.

(c) Accelerated Delivery Schedule.

(1) If the Government approves a Bidder's First Article waiver request, an accelerated delivery schedule pursuant to Section F.3 shall apply.

(2) If a Bidder submits a First Article waiver request but takes exception to the accelerated delivery schedule, the waiver will be rejected. Consequently, any award to this Bidder will reflect either (i) the Government-required delivery schedule pursuant to Section F.3 or (ii) the Bidder-proposed delivery schedule in that narrative, if the Government accepts it.

(d) Cost Considerations.

(1) If the Government approves a Bidder's First Article waiver request, the proposed FAT price, as identified by the Bidder at Section B, CLIN 0016, will be deducted from the total award amount.

(2) If the Government rejects a Bidder's First Article waiver request, and the Bidder failed to separately identify its FAT price at Section B, CLIN 0016, the Government will require the Bidder to perform on contract at such price whether or not the First Article requirement is waived, at no additional cost to the Government.

(e) Additional First Article Testing.

(1) Absent a First Article Waiver, the Government anticipates requiring First Article Approval only once over the course of the resulting contract, in conjunction with issuance of the first delivery order. However, the Government may require additional First Article Testing if the Awardee changes or moves the production facility at which the contract item is manufactured, or if it submits a significant configuration change in the form of an Engineering Change Proposal (ECP), Request for Variance (RFV), or similar, during or after performance of the first delivery order.

E.8 TECHNICAL DATA FOR INSPECTION

(a) When requested, the Contractor shall make available to the Government Inspector, the drawings, specifications, and any applicable Engineering Exceptions associated to the technical data, to which the product was manufactured. Upon completion of product inspection and acceptance by the Government Inspector, all drawings, specifications and Engineering Exceptions, will be returned to the Contractor.

(b) If the contractor is not the actual manufacturer of the item being procured (i.e. dealer, distributor, etc.) the contractor shall ensure that subcontractor technical data is available for review to support the Government's inspection requirements.

Section M - Evaluation Factors for Award

Miscellaneous text in this section has been modified from:

M.1 METHOD OF EVALUATION FOR F.O.B. ORIGIN TRANSPORTATION OFFERS

For the evaluation of this offer, we will use the lowest freight rates from the Transportation Officer that are:

(a) In effect (or the lowest rates that will become effective before the expected date of initial shipment),

(b) On file or published with the Transportation Officer by the date of bid opening (or by the closing date specified for requests for proposals),

(c) For the Government selected method of shipment, and

(d) Based upon the following freight classification:

STCC ITEM NO.: 3599995

NMFC ITEM NO: 133300

M.2 EVALUATION OF TRANSPORTATION COSTS FOR LONG TERM CONTRACTS

The Government does not know the specific quantity-by-destination requirements that will apply during the term of this Contract. To determine the low offeror, the transportation costs applicable to both production and option quantities, if any, will be evaluated by using the methodology described in the Section M.1 METHOD OF EVALUATION FOR F.O.B. ORIGIN

. The quantity delivery rate the Government identified in TRANSPORTATION OFFERS Paragraph (a) of Section F - Deliveries or Performance will be used in the evaluation. When evaluating the Production CLIN(s), the following estimated quantities or percentages will be used, excluding any Foreign military Sales (FMS) portion (if any), to the listed tentative destinations in conducting our evaluation:

Total Production CLIN Quantity: 1,110 PACKAGES (5-year maximum)

SR W1A8 DLA DISTRIBUTION

100% to DDSP NEW CUMBERLAND FACILITY

2083 NORMANDY DRIVE DOOR 113 TO 134

NEW CUMBERLAND, PA, 17070-5002

M.3 CONTRACTOR RESPONSIBILITY AND ELIGIBILITY FOR AWARD

(a)The Government will award a contract to the offeror that:

(1) submits the lowest evaluated offer if award is based on price only, or the offer that provides the best value to the Government if factors in addition to price are identified elsewhere in this solicitation,

(2) submits a bid or proposal that meets all the material requirements (including technical requirements of the specification, if applicable) of this solicitation, and

(3) meets all the responsibility criteria at FAR 9.104.

(b) To make sure that an offeror meets the responsibility criteria at FAR 9.104 the Government may:

(1) arrange a visit to the offeror's plant and perform a preaward survey;

(2) ask the offeror to provide financial, technical, production, or managerial background information.

(c) If the offeror does not provide the Government with the data requested within 7 days from the date the requested is received, or if the offeror refuses to have an onsite visit to the offeror's facility, the Government may determine the offeror to be non-responsible.

(d) If the Government visits the offeror's facility, please make sure that current certified financial statements and other data relevant to the bid or proposal available for Government personnel to review.

M.4 METHOD OF PRICE EVALUATION

(a) The unit price for each year will be multiplied by the estimated annual requirement for the corresponding year, and the results for each year added together to produce the evaluated price for the total maximum quantity. Based on this method of evaluation, award will be made to the responsible offeror whose offer represents the lowest evaluated price, or, if applicable, represents the Best Value to the Government as outlined elsewhere in this solicitation.

(b) If this solicitation contains quantities to be shipped FOB Origin, transportation cost will be evaluated as specified in paragraph M.2 EVALUATION OF TRANSPORTATION COSTS in this Section, and award will be made to the responsible offeror whose offer represents the lowest evaluated price including transportation costs, or, if applicable, represents the Best Value to the Government as outlined elsewhere in this solicitation.

M.5 BASIS OF AWARD

(a) Overview. The Government will evaluate bids based on the unit prices identified in Section B for CLINS 0011-0016 and intends to award a single firm-fixed-price long-term contract to the responsible Bidder with the lowest total price. The lowest total price will be determined as follows:

(1) CLIN Prices. The Government will verify the Bidder's CLIN prices by multiplying each year's proposed unit price by the estimated annual quantity. This is the first step in determining the lowest total price.

(2) Total Price. The Government will calculate the Bidder's total price by taking the sum of all its CLIN prices, as calculated in step 1. This is the final step in determining the lowest total price.

(3) If a Bidder fails to identify a unit price for all CLINs, including FATR, its bid may be rejected.

Further, the Government will not accept any additional prices identified in Section B or elsewhere in this IFB. If a Bidder submits additional prices, other than those requested, the bid may be rejected.

(b) Price Reasonableness. The Government will assess the reasonableness of the Bidder's proposed prices. A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business. The Government may make a determination of price reasonableness by any means allowable under RFO 15.404:

Cost and/or Price Analysis.

(c) Unbalanced Pricing. Unbalanced pricing exists when, despite an acceptable total price, the price of one or more contract line items or ranges is significantly over- or understated as determined by the application of cost and price analysis techniques. Offerors are cautioned that any bid determined to contain unbalanced pricing may be rejected or determined unacceptable for award. Please see RFO 15.404-6: Unbalanced Pricing for additional information.

(d) Award without Discussions. The Government will evaluate bids without discussions /negotiations and, therefore, the Bidder's initial bid shall contain its best terms. Further, the Government may reject any or all bids, accept other than the lowest bid, and/or waive informalities or minor irregularities in bids received. Please see RFO 52.214-10: Contract Award - Sealed Bidding for additional information.

(e) Equal Low Bids. A contract shall be awarded in the order of priority identified at RFO 14.308:

Award of Equal Low Bids when two or more low bids are equal in all respects. Therefore, the Bidder is required to complete and return the associated RFO 52.219-2: Equal Low Bids fill-in with its bid submission.

(f) Only One Bid. When only one bid is received, the requirements identified at RFO DFARS 252.215-7992: Only One Offer shall apply.

To:

M.1 METHOD OF EVALUATION FOR F.O.B. ORIGIN TRANSPORTATION OFFERS

For the evaluation of this offer, we will use the lowest freight rates from the Transportation Officer that are:

(a) In effect (or the lowest rates that will become effective before the expected date of initial shipment),

(b) On file or published with the Transportation Officer by the date of bid opening (or by the closing date specified for requests for proposals),

(c) For the Government selected method of shipment, and

(d) Based upon the following freight classification:

STCC ITEM NO.: 3599995

NMFC ITEM NO: 133300

M.2 EVALUATION OF TRANSPORTATION COSTS FOR LONG TERM CONTRACTS

The Government does not know the specific quantity-by-destination requirements that will apply during the term of this Contract. To determine the low offeror, the transportation costs applicable to both production and option quantities, if any, will be evaluated by using the methodology described in the Section M.1 METHOD OF EVALUATION FOR F.O.B. ORIGIN

. The quantity delivery rate the Government identified in TRANSPORTATION OFFERS Paragraph (a) of Section F - Deliveries or Performance will be used in the evaluation. When evaluating the Production CLIN(s), the following estimated quantities or percentages will be used, excluding any Foreign military Sales (FMS) portion (if any), to the listed tentative destinations in conducting our evaluation:

Total Production CLIN Quantity: 1,110 PACKAGES (5-year maximum)

SR W1A8 DLA DISTRIBUTION

100% to DDSP NEW CUMBERLAND FACILITY

2083 NORMANDY DRIVE DOOR 113 TO 134

NEW CUMBERLAND, PA, 17070-5002

M.3 CONTRACTOR RESPONSIBILITY AND ELIGIBILITY FOR AWARD

(a)The Government will award a contract to the offeror that:

(1) submits the lowest evaluated offer if award is based on price only, or the offer that provides the best value to the Government if factors in addition to price are identified elsewhere in this solicitation,

(2) submits a bid or proposal that meets all the material requirements (including technical requirements of the specification, if applicable) of this solicitation, and

(3) meets all the responsibility criteria at FAR 9.104.

(b) To make sure that an offeror meets the responsibility criteria at FAR 9.104 the Government may:

(1) arrange a visit to the offeror's plant and perform a preaward survey;

(2) ask the offeror to provide financial, technical, production, or managerial background information.

(c) If the offeror does not provide the Government with the data requested within 7 days from the date the requested is received, or if the offeror refuses to have an onsite visit to the offeror's facility, the Government may determine the offeror to be non-responsible.

(d) If the Government visits the offeror's facility, please make sure that current certified financial statements and other data relevant to the bid or proposal available for Government personnel to review.

M.4 METHOD OF PRICE EVALUATION

(a) The unit price for each year will be multiplied by the estimated annual requirement for the corresponding year, and the results for each year added together to produce the evaluated price for the total maximum quantity. Based on this method of evaluation, award will be made to the responsible offeror whose offer represents the lowest evaluated price, or, if applicable, represents the Best Value to the Government as outlined elsewhere in this solicitation.

(b) If this solicitation contains quantities to be shipped FOB Origin, transportation cost will be evaluated as specified in paragraph M.2 EVALUATION OF TRANSPORTATION COSTS in this Section, and award will be made to the responsible offeror whose offer represents the lowest evaluated price including transportation costs, or, if applicable, represents the Best Value to the Government as outlined elsewhere in this solicitation.

M.5 BASIS OF AWARD

(a) Overview. The Government will evaluate bids based on the unit prices identified in Section B for CLIN(s) 0011, 0012, 0013, 0014, 0015, and 0016 and the FOB origin transportation costs for CLIN(s) 0011, 0012, 0013, 0014, and 0015, as determined by the Government's Transportation Officer following the bid opening event, and intends to award a single firm-fixed-price contract to the responsible Bidder with the lowest total price. The lowest total price will be determined as follows:

(1) CLIN Prices. The Government will verify the Bidder's CLIN prices by multiplying each year's proposed unit price by the estimated annual quantity. This is the first step in determining the lowest total price.

(2) Transportation Costs. The Government will determine the Bidder's transportation cost for CLIN(s) 0011, 0012, 0013, 0014, and 0015, based on the Bidder's FOB origin clause fill-ins located in Section F and/or elsewhere in this IFB, and in accordance with Section M.1 Method of Evaluation for FOB Origin Transportation Offers. This is the second step in determining the lowest total price.

(3) Total Price. The Government will calculate the Bidder's total price by taking the sum of all its CLIN prices and transportation costs. This is the final step in determining the lowest total price.

(4) If a Bidder fails to identify a unit price for all CLINs, and/or fails to provide including FATR, all FOB origin clause fill-ins throughout this IFB, its bid may be rejected. Further, the Government will not accept any additional prices identified in Section B or elsewhere in this IFB. If a Bidder submits additional prices, other than those requested, the bid may be rejected.

(b) Price Reasonableness. The Government will assess the reasonableness of the Bidder's proposed prices. A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business. The Government may make a determination of price reasonableness by any means allowable under RFO FAR 15.404: Cost and/or Price Analysis.

(c) Unbalanced Pricing. Unbalanced pricing exists when, despite an acceptable total price, the price of one or more contract line items or ranges is significantly over- or understated as determined by the application of cost and price analysis techniques. Offerors are cautioned that any bid determined to contain unbalanced pricing may be rejected or determined unacceptable for award. Please see RFO FAR 15.404-6: Unbalanced Pricing for additional information.

(d) Award without Discussions. The Government will evaluate bids without discussions /negotiations and, therefore, the Bidder's initial bid shall contain its best terms. Further, the Government may reject any or all bids, accept other than the lowest bid, and/or waive informalities or minor irregularities in bids received. Please see RFO FAR 52.214-10: Contract Award - Sealed Bidding for additional information.

(e) Equal Low Bids. A contract shall be awarded in the order of priority identified at RFO FAR 14.308: Award of Equal Low Bids when two or more low bids are equal in all respects. Therefore, the Bidder is required to complete and return the associated RFO FAR 52.219-2: Equal Low Bids fill-in with its bid submission.

(f) Only One Bid. When only one bid is received, the requirements identified at RFO DFARS 252.215-7992: Only One Offer shall apply.

KO DIRECTORATE OF CONTRACTING, 6501 EAST 11 MILE ROAD

WARREN, MI 48397-5000

UNITED STATES

ZACHARY WIEGAND, EMAIL: ZACHARY.K.WIEGAND.CIV@ARMY.MIL TELEPHONE: 571-588-9382

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SCD: PAS: