Contract between DOD and Bushmaster

AWARD/CONTRACT 1. This Contract Is A Rated Order Under DPAS (15 CFR 700)

Rating Page Of

2. Contract (Proc. Inst. Ident) No. 3. Effective Date 4. Requisition/Purchase Request/Project No.

5. Issued By Code 6. Administered By (If Other Than Item 5) Code

e-mail address: SCD PAS ADP PT

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

FOB Origin Other (See Below)

9. Discount For Prompt Payment

10. Submit Invoices Item(4 Copies Unless Otherwise Specified)

Code Facility Code To The Address Shown In:11. Ship To/Mark For Code 12. Payment Will Be Made By Code

13. Authority For Using Other Than Full And Open Competition: 14. Accounting And Appropriation Data 10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

15A. Item No. 15B. Schedule Of Supplies/Services 15C. Quantity 15D. Unit 15E. Unit Price 15F. Amount

15G. Total Amount Of Contract

16. Table Of Contents(X) Section Description Page(s) (X) Section Description Page(s)

Part I - The Schedule Part II - Contract ClausesA Solicitation/Contract Form I Contract ClausesB Supplies or Services and Prices/Costs Part III - List Of Documents, Exhibits, And Other AttachmentsC Description/Specs./Work Statement J List of AttachmentsD Packaging and Marking Part IV - Representations And InstructionsE Inspection and Acceptance K Representations, Certifications, andF Deliveries or Performance Other Statements of OfferorsG Contract Administration Data L Instrs., Conds., and Notices to OfferorsH Special Contract Requirements M Evaluation Factors for Award

Contracting Officer Will Complete Item 17 Or 18 As Applicable

17. Contractor’s Negotiated Agreement (Contractor isrequired to sign this document and return copies toissuing office.) Contractor agrees to furnish and deliver all itemsor perform all the services set forth or otherwise identified aboveand on any continuation sheets for the consideration stated herein.The rights and obligations of the parties to this contract shall besubject to and governed by the following documents: (a) thisaward/contract, (b) the solicitation, if any, and (c) such provisions,representations, certifications, and specifications, as are attachedor incorporated by reference herein. (Attachments are listedherein.)

18. Award (Contractor is not required to sign this document.) Your offer onSolicitation Number including the additions orchanges made by you which additions or changes are set forth in full above, ishereby accepted as to the items listed above and on any continuation sheets. Thisaward consummates the contract which consists of the following documents: (a)the Government’s solicitation and your offer, and (b) this award/contract. Nofurther contractual document is necessary.

19A. Name And Title Of Signer (Type Or Print) 20A. Name Of Contracting Officer

19B. Name of Contractor 19c. Date Signed 20B. United States Of America 20C. Date Signed

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

NSN 7540-01-152-8069 25-106 Standard Form 26 (Rev. 4-85)PREVIOUS EDITIONS UNUSABLE GPO : 1985 0 – 478-632 Prescribed By GSA-FAR (4.8 CFR) 53.214(a)

DOA5

W52H09-08-D-0120 2007DEC21 SEE SCHEDULE

W52H09

TACOM-ROCK ISLAND

ROCK ISLAND IL 61299-7630

AMSTA-LC-WSC-DROBERT EGAN (309)782-1547

[email protected]

S3319A

DCMA MANCHESTER

2 WALL ST

MANCHESTER NH 03101-1518

C NONE HQ0337

7Z500

BUSHMASTER FIREARMS

999 ROOSEVELT TRAIL

WINDHAM, ME 04062-5650

TYPE BUSINESS: Other Small Business Performing in U.S.

X

12

SEE SCHEDULE

HQ0337

DFAS COLUMBUS CENTERNORTH ENTITLEMENT OPERATIONSPO BOX 182266COLUMBUS OH 43218-2266

SEE SCHEDULE CONTRACT TYPE: Firm-Fixed-Price

KIND OF CONTRACT: Supply Contracts and Priced Orders

Contract Expiration Date: 2010DEC31 $0.00

X

W52H0907R0205

NATHAN E ACREE [email protected] (309)782-1176

/SIGNED/ 2007DEC21

1 47

X 1

X 4

X 9

X 14

X 16

X 20

X 24

X 25

X 30

X 47

CONTINUATION SHEETReference No. of Document Being Continued Page of

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION A - SUPPLEMENTAL INFORMATION

1. This 3-year Indefinite Delivery Indefinite Quantity (IDIQ) Contract is awarded to Bushmaster Firearms, 999

Roosevelt Trail, Windham ME 04062-5650 (CAGE 7Z500) for the M16 Rifle, NSN 1005-01-383-2872, PN 12973001 and the M16A3 Rifle, NSN 1005-

01-357-5112, PN 12012000. The M16A4 rifle may be procured in a number of configurations as outlined in the solicitation. Delivery

Order 0001 that obligates the guaranteed minimum order quantity will be issued concurrently. Consequently, the Government is under no

further obligation to place any additional orders.

2. Following are the dates of the Ordering Periods (OP) covered by this award.

Ordering Period (OP) 1: Award date - 31 December 2008

Ordering Period (OP) 2: 1 January 2009 - 31 December 2009

Ordering Period (OP) 3: 1 January 2010 - 31 December 2010

3. All clauses, terms and conditions of W52H09-07-R-0205 and amendments 0001, 0002 and 0003 are hereby incorporated into

this contract. The final proposal revision submitted by Bushmaster Firearms dated 6 December 2007 is hereby incorporated

at Attachment 001 and are to be considered ceiling prices. No delivery order quantities will be awarded at higher prices.

4. First Article is required.

5. Inspection, Acceptance, and FOB Point for the production quantities shall be Origin.

For the First Article Test Report, Inspection shall be Origin, Acceptance shall be Destination and FOB point

shall be Destination.

6. The Pre-Production Phosphate Coating Procedure submission required at CLIN 0010 is to be delivered to the Contracting Officer for

approval immediately upon notification of award. Contractor must receive Government approval before commencement of production

activities.

7. Under a multiple award contract, all contractors are afforded an opportunity in the placement of delivery orders in

accordance with FAR 16.505(b).

DELIVERY ORDER PLACEMENT

7a. THE GOVERNMENT RESERVES THE RIGHT TO MAKE MULTIPLE AWARDS. IF MULTIPLE AWARDS ARE MADE, THE GOVERNMENT INTENDS TO PROVIDE ALL

MULTIPLE AWARDEES A FAIR OPPORTUNITY IN THE PLACEMENT OF DELIVERY ORDERS IN ACCORDANCE WITH FAR 16.505(b)(1).

THE GUARANTEED MINIMUM QUANTITY WILL BE DIVIDED, WITH 70% OF THAT TOTAL QUANTITY GOING TO THE NON SETASIDE AWARDEE AND THE REMAINING 30%

GOING TO THE SETASIDE AWARDEES. IF TWO SETASIDE AWARDS ARE MADE, EACH AWARDEE WILL RECEIVE 15% OF THE GUARANTEED MINIMUM QUANTITY. IF A

SINGLE SETASIDE AWARD IS MADE, THAT AWARDEE WILL RECEIVE 30% OF THE GUARANTEED MINIMUM QUANTITY.

7b. DELIVERY ORDERS WILL BE SOLICITED AND ISSUED AS REQUIREMENTS BECOME KNOWN. IN ACCORDANCE WITH FAR 16.505(a)(9), NO PROTEST UNDER

FAR SUBPART 33.1 IS AUTHORIZED IN CONNECTION WITH THE ISSUANCE OR PROPOSED ISSUANCE OF AN ORDER EXCEPT FOR A PROTEST ON THE GROUNDS THAT

THE ORDER INCREASES THE SCOPE, PERIOD, OR MAXIMUM VALUE OF THE CONTRACT. THE DESIGNATED OMBUDSMAN FOR THIS ACTION MAY BE REACHED AT 309-

782-3224, EMAIL: [email protected]. THE OMBUDSMAN WILL REVIEW COMPLAINTS FROM THE CONTRACTORS AND ENSURE ALL CONTRACTORS

ARE AFFORDED A FAIR OPPORTUNITY CONSISTENT WITH THE PROCEDURES IN THIS SOLICITATION.

7c. IF AT LEAST TWO BASIC CONTRACT AWARDS ARE MADE, AND WHENEVER POSSIBLE AND PRACTICAL, IT IS THE GOVERNMENT'S INTENT TO REQUEST

PRICES THROUGH A COMPETITIVE ORDER PROCESS BASED ON INDIVIDUAL DELIVERY ORDER REQUIREMENTS. SUCH ORDERS WILL BE COMPETED BETWEEN THE

CONTRACTORS WHO HAVE BEEN AWARDED A BASIC CONTRACT FOR THE ITEMS IDENTIFIED AT ATTACHMENTS 004 AND 005. THE UNIT PRICES INCLUDED IN THE

ORDERING PERIODS AWARDED ON THE BASIC CONTRACT(S) CONSTITUTE CEILING PRICES, AND NO DELIVERY ORDER QUANTITIES WILL BE AWARDED AT HIGHER

PRICES. GENERALLY, CONTRACTORS WILL BE ALLOWED ONE WEEK TO RESPOND TO A REQUEST FOR A DELIVERY ORDER PROPOSAL. THE PROPOSAL RESPONSES

MAY BE DUE AS EARLY AS FIVE WORKING DAYS AFTER THE REQUEST. PROPOSALS WILL BE REQUESTED ON A FOB ORIGIN BASIS, UNLESS OTHERWISE NOTED.

THE GOVERNMENT INTENDS TO ISSUE DELIVERY ORDERS WITHOUT DISCUSSIONS. HOWEVER, THE GOVERNMENT RESERVES THE RIGHT TO CONDUCT DISCUSSIONS

IF THE CONTRACTING OFFICER DETERMINES THEM TO BE NECESSARY.

7d. THE GOVERNMENT INTENDS TO COMPETITIVELY ISSUE DELIVERY ORDERS TO THOSE OFFERORS WHOSE PROPOSALS REPRESENT THE BEST VALUE TO THE

GOVERNMENT. THE GOVERNMENT RESERVES THE RIGHT TO MAKE SINGLE OR SPLIT DELIVERY ORDER AWARDS BASED ON THE SCHEDULE AND QUANTITIES

REQUIRED. THE CRITERIA FOR FUTURE PLACEMENT OF DELIVERY ORDERS ARE AS FOLLOWS:

(i). WRITTEN OR ORAL DELIVERY ORDER PROPOSALS WILL BE REQUESTED PRIOR TO EXECUTION OF ANY SUBSEQUENT DELIVERY ORDERS.

SUBSEQUENT DELIVERY ORDERS WILL BE PLACED WITH THE SUCCESSFUL OFFEROR(S) WHO PROVIDE(S) THE GOVERNMENT WITH THE BEST VALUE CONSIDERING

PROPOSED UNIT PRICES (NOT TO EXCEED THE CEILING UNIT PRICES), AND/OR PAST PERFORMANCE ON OTHER PREVIOUS ORDERS AGAINST THIS CONTRACT,

AND/OR THE ABILITY TO MEET THE DELIVERY REQUIREMENTS, AND/OR CURRENT PRODUCTION CAPACITY.

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PIIN/SIIN MOD/AMD

(ii). FOR FUTURE DELIVERY ORDER PLACEMENT BEYOND THE INITIAL GUARANTEED MINIMUM QUANTITY, THE SMALL BUSINESS SETASIDE

CONTRACTOR(S) WILL RECEIVE AT LEAST 30% (AND UP TO 100%) OF THE REQUIREMENT, PROVIDED THOSE SMALL BUSINESS AWARDEES HAVE POSITIVE PAST

PERFORMANCE ON PREVIOUS REQUIREMENTS ASSOCIATED WITH THIS SOLICITATION, THE ABILITY TO MEET ANY ADDITIONAL REQUIREMENT AND CURRENT

PRODUCTION CAPACITY.

(iii). FOR FUTURE DELIVERY ORDER PLACEMENT BEYOND THE INITIAL GUARANTEED MINIMUM QUANTITY, THE NON SETASIDE CONTRACTOR WILL

RECEIVE UP TO 70% (BUT POSSIBLY LESS) OF THE REQUIREMENT, PROVIDED THAT AWARDEE HAS POSITIVE PAST PERFORMANCE ON PREVIOUS REQUIREMENTS

ASSOCIATED WITH THIS SOLICITATION, THE ABILITY TO MEET ANY ADDITIONAL REQUIREMENT AND CURRENT PRODUCTION CAPACITY.

(iv). AS STATED ABOVE, THE GOVERNMENT INTENDS TO AWARD COMPETITIVE DELIVERY ORDERS UNLESS ANY OF THE EXCEPTIONS TO THE FAIR

OPPORTUNITY PROCESS AS STATED IN FAR 16.505(b)(2) APPLIES.

7e. ANY AWARDEE THAT HAS NOT SUCCESSFULLY COMPLETED FIRST ARTICLE TESTING AND DELIVERED THE INITIAL QUANTITY ASSOCIATED WITH THEIR

BASIC AWARD IS INELIGIBLE FOR CONSIDERATION OF FUTURE REQUIREMENTS. SUCCESSFUL COMPLETION OF FAT AND THE DELIVERY AND ACCEPTANCE OF AN

INITIAL LOT OF PRODUCTION WEAPONS IS REQUIRED FOR ANY AWARDEE TO BE CONSIDERED FOR FUTURE ORDERS.

8. All delivery orders will be issued unilaterally. Delivery orders will specify the delivery dates.

8a. For the M16A4 configurations, rate of delivery is 700 weapons per month. If a First Article Test is required when issuing a

delivery order, First Article Test Report is due to the Government 407 days after receipt of order. When First Article is required, an

initial delivery order quantity of 700 rifles is due 646 days after receipt of order with subsequent deliveries at a rate of 700 weapons

per month until the order is complete. If a First Article Test is not required when issuing a delivery order, an initial delivery order

quantity of 3,000 weapons is due 120 days after receipt of order with 3,000 weapons per month thereafter until the order is complete.

8b. For the M16A3, NSN 1005-01-357-5112, PN 12012000, rate of delivery is 800 weapons per month. If a First Article Test is required

when issuing a delivery order, First Article Test Report is due to the Government 407 days after receipt of order. When First Article

is required, an initial delivery order quantity of 700 rifles is due 646 days after receipt of order with subsequent deliveries at a

rate of 700 weapons per month until the order is complete. If a First Article Test is not required when issuing a delivery order, an

initial delivery order quantity of 800 weapons is due 150 days after receipt of order with 800 weapons per month thereafter until the

order is complete.

*** END OF NARRATIVE A0006 ***

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CONTINUATION SHEETPIIN/SIIN

Page of


ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

0005 PRODUCTION QUANTITY ___________________

SECURITY CLASS: Unclassified

NOUN: M16A4 RIFLE, 5.56mm

WITH BUIS REMOVED & CARRYING

HANDLE ASSY ATTACHED

(USMC REQUIREMENT)

CEILING UNIT PRICES FOR EACH

QUANTITY RANGE AND ORDERING

PERIOD ARE LOCATED AT

ATTACHMENT 0001

ORDERING PERIODS:

01: AWARD THROUGH 31 DEC 08

02: 1 JAN 09 THROUGH 31 DEC 09


DELIVERY SCHEDULE:

FIRST ARTICLE TEST REPORT(FATR)

DUE 407 DAYS AFTER ISSUANCE OF

INITIAL DELIVERY ORDER.

PRODUCTION QUANTITY OF 700 RIFLES


INITIAL DELIVERY ORDER WITH ANY

ADDITIONAL QUANTITIES DUE AT A

RATE OF 700 RIFLES PER MONTH

UNTIL COMPLETION OF DELIVERY ORDER.

(End of narrative B002)

Packaging and Marking _____________________




JOINT SERVICES CONFIGURATION

NSN: 1005-01-383-2872

PN: 12973001



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Page of




MOD/AMD


ATTACHMENT 0001

ORDERING PERIODS:




DELIVERY SCHEDULE:















WITH HANDGUARD ASSEMBLY &

CARRYING HANDLE IN LIEU

OF M5 ARS AND BUIS




ATTACHMENT 0001

ORDERING PERIODS:




DELIVERY SCHEDULE:







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Page of




MOD/AMD









NSN: 1005-01-357-5112

PN: 12012000




ATTACHMENT 0001

ORDERING PERIODS:




DELIVERY SCHEDULE:












0009 ACCEPTANCE INSPECTION EQUIPMENT $ ** NSP ** $ ** NSP ** _______________________________ ______________ __________________


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Page of




MOD/AMD

The contractor is responsible for submitting

AIE design documentation sufficently prior

to production or First Article, if required.

The Government requires 45 days for review.

AIE documentation for minor charateristics

shall be submitted to the DCMA QAR for

approval. Design documentation for any

critical and major charateristics must be

submitted to [email protected] with

copies furnished to [email protected]

and the Contracting Officer. (DD FORM 1423,

Sequence Number A004)


Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

0010 PHOSPHATE COATING PROCEDURE SUBMISSION $ ** NSP ** $ ** NSP ** ______________________________________ ______________ __________________


The contractor will prepare and deliver the

pre-production phosphate coating procedure

to the Contracting Officer for approval

immediately upon notification of award

and receive Government approval before

commencing production.

(DD FORM 1423, Sequence Number A005)

A DD FORM 250 IS NOT REQUIRED




0011 CONTRACT DATA REQTS LIST(CDRL)(DD FORM 1423) $ ** NSP ** $ ** NSP ** ____________________________________________ ______________ __________________


The contractor will prepare and deliver

data submissions in accordance with the

requirements, quantities, and schedules

set forth in the Contract Data Requirements

List (DD Form 1423, Sequence Numbers A001,

A002, and A003)

A DD Form 250 IS NOT REQUIRED

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MOD/AMD




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PIIN/SIIN MOD/AMD

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

C-1 52.210-4501 DRAWINGS/SPECIFICATION MAR/1988

TACOM LCMC

(RI)

In addition to the drawing(s) and/or specifications listed below, other documents which are part of this procurement and which apply

to Preservation/Packaging/Packing and Inspection and Acceptance are contained elsewhere.

The following drawing(s) and specifications are applicable to this procurement.

Drawings and Specifications in accordance with enclosed Technical Data Package Listing TDPL 12973001, M16A4 with revisions in

effect as of 01/12/2007 (except as follows):

1. ADD DISTRIBUTION CODE "A" TO DRAWINGS 12011964 AND 8443775.

2. DTL12973001:

2A. PG 02 - PARA 1.1. - CHANGE FROM M16A2E4. CHANGE TO: M16A4.

2B. PG 03 - PARA 2.2.2. - REMOVE 9342868 FROM PRODUCT DWGS, ADD 9342868 (CTG 5.56MM BALL, M855), 8443572 (COMPUTER, RATE OF FIRE),

AND 11837945 (FIRING STAND) TO INSPECT EQUIPMENT DRAWINGS.

2C. PARA 4.7.8.2 - CHANGE FROM: 8448770 CHANGE TO: 8448670

3. DISTRIBUTION CODE "A" SHALL APPLY TO DRAWING 8444972.

DOCUMENT DELETE SPEC REPLACE WITH

12973001 VV-L-800 MIL-PRF-32033

12973001 PPP-B-601 ASTM D6251

GAGES FOR INFORMATION PURPOSES ONLY, NOT FOR ACCEPTANCE. GAGE DRAWINGS' DISTRIBUTION STATEEMENT IS THE SAME AS THE DISTRIBUTION

STATEMENT OF DRAWING OF THE PART THE GAGE

IS INTENDED TO BE USED ON.

ADD: DISTRIBUTION STATEMENT "F" TO ALL QA AND INSPECTION DRAWINGS WITHOUT DISTRIBUTION.

DELETE QQ-W-405. REPLACE WITH ASTM A 545, ASTM A 546, ASTM A 547, ASTM A 548, ASTM A 549.

DELETE QQ-S-631. REPLACE WITH ASTM A 576, ASTM A 675.

FOLLOWING QS DOCUMENTS SHOULD BE MARKED OBSOLETE AS QAPs HAVE BEEN ADDED TO THE 3D TDP:

8448503 (Firing Pin)

8448504 (Retaining Pin)

8448511 (Bolt Ring)

8448517 (Charging Handle Assembly)

8448519 (Carrying Handle Latch)

8448555 (Spring Weld Assy Hand Guard Slip Ring)

8448670 (30 round magazine assy)

8448712 (Hand Guard Slip Ring)

9349051 (Compensator)

9349106 (Hammer Assembly)

**********************************

In addition to the drawing(s) and/or specifications listed below, other documents which are part of this procurement and which apply to

Preservation/Packaging/Packing and Inspection and Acceptance are contained elsewhere.


Drawings and Specifications in accordance with enclosed Technical Data Package Listing TDPL 12012000, M16A3 with revisions in

effect as of 06/15/2007 (except as follows):

REMOVE THE FOLLOWING SQAP'S ACCORDING TO THE APPROVED ECP # L06S3020 THAT OBSOLETES THE FOLLOWING WITHIN TDP:

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PIIN/SIIN MOD/AMD

SQ 8448503 SQ 8448517 SQ 8448571

SQ 8448504 SQ 8448519 SQ 8448670

SQ 8448507 SQ 8448555 SQ 9349051

SQ 8448511

1. DOCUMENT REMOVE REPLACE WITH

SPI 12012000 MIL-L-8574 MIL-I-8574


SPI 12012000 "BLOCKING AND BRACING SHALL BE "BLOCKING AND BRACING SHALL BE

EMPLOYED, AS REQUIRED IN DESIGNED AT THE DISCRETION OF THE

ACCORDANCE WITH MIL-STD-1186" PACKAGING FACILITY PROVIDING THAT

THE BUFFER ASSEMBLY IS ADEQUATELY

IMMOBILIZED TO PREVENT DAMAGE TO THE

COMPONENT AS WELL AS THE UNIT CONTAINER."


SPI 12012000 PPP-B-1660 MIL-B-43666

DWG# 12973021 ITEM #8 - PART # 620 IS CORRECT.

DWG# 9349056

CHANGE FROM: ASM-2175

CHANGE TO: AMS-2175

DWG# 8558589

CHANGE FROM: DWG# 8448587

CHANGE TO: 8448589

DWG# 9349126

CHANGE FROM: 8540 BAYCENTER ROAD P.O. BOX 19129 JACKSONVILLE, FL. 32254

CHANGE TO: 54 WAMSLEY AVE JACKSONVILLE, FL. 32254

DWG# 8448615

CHANGE FROM: 844620

CHANGE TO: 8448620

DWG 12012000 IN SPEC MIL-R-71135 REPLACE THE FOLLOWING:

REMOVE: MIL-STD-109

REPLACE WITH: ASQC A8402

REMOVE: MIL-STD-45662

REPLACE WITH: ISO 10012-2

DWG# 8448516

ADD QAPs - ADD 101 for solid height, ADD 102 for .784 compressed length, ADD 103 for .850 compressed length,

ADD 201 for outside diameter, ADD 202 for both ends ground and square, ADD 203 for workmanship.

ADD DISTRIBUTION STATEMENT "A" TO DWG 8448500, 8448672, 9327045, 12011964 AND NASM501.

SAFETY OFFICE:

-DISTRIBUTION CODE F APPLIES TO LIMITED DRAWINGS AND SHEETS

-THE FOLLOWING GOVERNMENT ACCEPTANCE INSPECTION EQUIPMENT (AIE) DESIGNS DRAWINGS, CITED ELSEWHERE IN THE TECHNICAL DATA,

ARE APPROPRIATE FOR USE DURING PERFORMANCE OF THIS CONTRACT TO INSPECT THE APPLICABLE CHARACTERISTICS.

O ALL AIE DESIGNS SPECIFIED FOR CRITICAL CHARACTERISTICS/DEFECTS

O OTHER - LISTS BY CITING INDIVIDUAL DRAWING NUMBERS OR EQUIPMENT LIST(S). NONE

ALL OTHER GOVERNMENT AIE DESIGNS WHICH ARE CITED IN THE TECHNICAL DATA PACKAGE LIST OR IN ANY OF THE DOCUMENTS IN THE

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PIIN/SIIN MOD/AMD

TECHNICAL DATA PACKAGE ARE NO LONGER BEING MAINTAINED BY THE GOVERNMENT, MAY NOT REFLECT THE LATEST COMPONENT CONFIGURATION

AND ARE, THEREFORE, INCLUDED FOR INFORMATION PURPOSES ONLY.

KEEP QS 8448516 FOR INSPECTION REQUIREMENTS - EVEN THOSE THAT ARE OBSOLETE.

QUALITY ASSURANCE PROVISIONS (QAPs) HAVE NOT BEEN TRANSPOSED ONTO 3D DRAWING.

SAFETY OFFICE:

DELETE HCSDS #9 - NOT REQUIRED FOR THIS PROCUREMENT.

******************************************************




Drawings and Specifications in accordance with enclosed Technical Data Package Listing TDPL 12951011, CARRYING HANDLE ASSEMBLY

with revisions in effect

as of 10/02/2006 (except as follows):

DISTRIBUTION STATEMENT "F" APPLIES TO INSPECTION DRAWINGS IN THIS TDPL.

DISTRIBUTION STATEMENT "F" APPLIES TO DWG 8443833 SHEETS 1 & 2.

*******************************************************




Drawings and Specifications in accordance with enclosed Technical Data Package Listing TDPL 9345059, HANDGUARD ASSEMBLY with

revisions in effect as of 07/09/2007 (except as follows):

TDPL DOCUMENT ADD DELETE SUBSTITUTE

12012054 REV C ------ ------

9349059-PL -- XXX ------

9349123:

At approved source(s) of Supply change:

PREMIX, INC.

4702 JAMES SAVAGE RD

MIDLAND, MI 48640-5833

CHANGE TO:

QUANTUM COMPOSITES, INC.

1310 S. VALLEY CENTER DRIVE

BAY CITY, MI 48706

12012054:

At approved source(s) of supply change from:

VANICO AT US, INC.

4917 DAWN AVE.

EAST LANSING, MI 48823-5691

(517) 351-5900

CHANGE TO:

HUNTSMAN LLC

MATERIALS AND EFFECTS DIVISION

10003 WOODLOCH FOREST DRIVE

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PIIN/SIIN MOD/AMD

THE WOODLANDS, TX 77380

281-719-6000

(CS6100) (End of Clause)

C-2 52.210-4501 HEAVY PHOSPHATE COATING REQUIREMENT DEC/2005

TACOM LCMC

(RI)

The following requirements regarding heavy phosphate coating are applicable to this solicitation and any resultant contract in addition

to those requirements set forth in specification MIL-DTL-16232G.

a. Paragraph 3.1 of MIL-DTL-16232G refers to "Preproduction Inspection." The appropriate address to which heavy phosphate

coating procedures should be sent by the contractor is Commander, TACOM Life Cycle Management Command, Rock Island Arsenal, ATTN: AMSTA-

LC-WSC-D (Mr. Nathan Acree Jr.), Rock Island, IL 61299-7630. The contract number must be cited on all phosphate coating procedures

being submitted to TACOM Life Cycle Management Command for review and approval. Procedures shall include product name and manufacturer

of all chemicals/materials to be used. All processes, equipment, controls along with testing and test frequencies used for phosphating

including application of supplemental finishes shall be described in detail.

b. Paragraph 3.2.5-c of MIL-DTL-16232G refers to the "Chromic acid rinse, (Classes 1, 2 and 3)." The final rinse shall be

checked by a standard free and total acid titration along with a pH reading "prior to starting production and at least every 8 hours

thereafter."

c. Paragraph 4.7.3 of MIL-DTL-16232G refers to "Weight per unit area of phosphate coatings." The frequency for testing coating

weight is "per lot, at least every 8 hours."

d. Paragraph 4.7.5 of MIL-DTL-16232G refers to "Accelerated corrosion resistance." Accelerated corrosion resistance shall be

determined in accordance with 4.7.5.1. The frequency for testing accelerated corrosion resistance per ASTM B117 is "per lot, at least

every 8 hours."

e. A thickness range for the supplemental dry film lubricant or CARC paint (primer/topcoat) shall be stated in the procedure

along with a frequency for testing. A daily frequency is required.

f. Adhesion testing shall be stated in the procedure for a supplemental coating of dry film lubricant per ASTM D2510 or CARC

paint per ASTM D3359, method B along with the frequency for testing. A daily frequency is required.

g. Salt spray testing of parts with phosphate and supplemental dry film lubricant per ASTM B117 for 100 hours shall be stated in

the procedure along with the frequency for testing. The frequency for testing is "per lot or weekly." Parts shall show no rusting

visible to the unaided eye, no more than 3 blisters with none larger than 1.0 mm in diameter per panel. Salt spray testing of parts

with phosphate and primer per ASTM B117 for 336 hours shall be included in the procedure for supplemental coatings of CARC paint along

with a frequency for testing. The frequency for salt spray testing is "per lot or monthly." Parts shall show no rusting visible to the

unaided eye, no more than 5 blisters with none larger than 3/64 inch in diameter per 24 square inches of area. Underfilm attack at the

scribe shall not exceed 1/8 inch.


C-3 52.210-4511 STATEMENT OF WORK - OZONE DEPLETING CHEMICALS NOV/2005

TACOM LCMC

(RI)

(a)(1) Specifications and standards, which identify ODCs among alternative substances for use, are part of this TDP/SOW as follows:

N/A

(2) The above specifications and standards allow the optional use of Ozone Depleting Substances (ODS) or Ozone Depleting Chemicals

(ODC). Preference should be given to the Non-ODS/ODC choices in compliance with Executive Order 13148, dated April 21, 2000, ''Greening

the Government through Leadership In Environmental Management".

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PIIN/SIIN MOD/AMD

(b) Other specifications and standards containing ODS/ODC materials, and included in this TDP/SOW, for which a substitute is provided,

and must be used are as follows:

N/A

(c) Other specifications and standards included in this TDP/SOW that specify use of an ODS/ODC, and have been approved for use, are as

follows:

N/A

(d) NOTE: Offerors are requested, although not obligated, to perform their own screening of the TDP specifications and standards or

SOW and identify any additional potential ODS/ODC to the Contracting Officer.


C-4 52.247-4504 TRANSPORTATION SECURITY REQUIREMENTS FOR CONTRACTOR-TO-CONTRACTOR MAY/2003

TACOM LCMC SHIPMENTS

(RI)

(a) Supplies procured or furnished under this contract/subcontract, which are shipped between two or more contractors, and which

are qualified as sensitive in accordance with Department of Defense (DoD) Regulation 5100.76-M, Physical Security of Sensitive

Conventional Arms, Ammunition and Explosives, dated Aug 2000, or are shipped as DOT Class A or B Explosives, require special

Transportation Protective Service (TPS) during shipment from all points of origin to all destinations. TPS will be equivalent to the

DoD security standard for the applicable sensitivity category or explosive class identified under DoD 4500.9, Part II, Chapter 203,

dated May 2003, as added to or amended by applicable military service policies in accordance with guidance provided by Defense Logistics

Agency (DLA)/Defense Contract Management Agency (DCMA).

(b) Shipper's DCMA transportation offices will furnish assistance in providing the sensitive category of items to be shipped,

determining the TPS required, and obtaining the TPS from commercial carriers as necessary.

(c) This clause must be entered in all contracts/subcontracts at any tier.

(CS7115) (End of Statement of Work)

C-5 52.248-4502 CONFIGURATION MANAGEMENT DOCUMENTATION JUL/2001

TACOM LCMC

(RI)

The contractor may submit Engineering Change Proposals (ECPs), Value Engineering change Proposals (VECPs), (Code V shall be assigned to

an engineering change that will effect a net life cycle cost), including Notice of Revisions (NORs), and Request for Deviations (RFDs),

for the documents in the Technical Data Package (TDP). The contractor shall prepare these documents in accordance with the Data Item

Descriptions cited in block 04 on the enclosed DD Form 1423, Contract Data Requirements List.

Contractor ECPs/VECPs shall describe and justify all proposed changes and shall included NORs completely defining the change to be made.

Contractors may also submit RFD, which define a temporary departure from the Technical Data package or other baseline documentation

under Government control. The contractor shall not deliver any units incorporating any change/deviation to Government documentation

until notified by the Government that the change/deviation has been approved and the change/deviation has been incorporated in the

contract.

If the Government receives the same or substantially the same VECPs from two or more contractors, the contracts whose VECP is received

first will be entitled to share with the Government in all instant, concurrent, future, and collateral savings under the terms of the VE

clause in the contract.

Duplicate VECPs, which are received subsequently, will be returned to the contractor(s) without formal evaluation, regardless of whether

or not the first VECP has been approved and accepted by the Government.


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SECTION D - PACKAGING AND MARKING

FOR ALL REQUIREMENTS, AWARDEES WILL BE RESPONSIBLE FOR OVERPACKING OPERATOR MANUALS WITH EACH WEAPON.

FOR THOSE REQUIREMENTS IDENTIFIED AS "USMC" (CONFIGURATION ONE), AWARDEES WILL OVERPACK THE

CARRYING HANDLE, NSN 1005-01-465-0401, PN 12951011 WITH EACH WEAPON AS A SINGLE PACKAGE.

*** END OF NARRATIVE D0001 ***


D-1 52.211-4501 PACKAGING REQUIREMENTS (SPECIAL PACKAGING INSTRUCTIONS) DEC/2007

TACOM LCMC

(RI)

A. Military preservation, packing, and marking for the item identified above shall be accomplished in accordance with the specific

requirements identified below, all the applicable requirements of, MIL-STD-2073-1, Revision D, Date 15 Dec 99 including Notice 1, dated

10 May 02 and the Special Packaging Instruction (SPI) contained in the TDP.

PRESERVATION: MILITARY

LEVEL OF PACKING: -1--

QUANTITY PER UNIT PACKAGE: -2-

SPI NUMBER-3-

B. Unitization: Shipments of identical items going to the same destination shall be palletized if they have a total cubic displacement

of 50 cubic feet or more unless skids or other forklift handling features are included on the containers. Pallet loads must be stable,

and to the greatest extent possible, provide a level top for ease of stacking. A palletized load shall be of a size to allow for

placement of two loads high and wide in a conveyance. The weight capacity of the pallet must be adequate for the load. The pallet

shall be a 40 x 48 inch, 4-way entry pallet although variations may be permitted as dictated by the characteristics of the items being

unitized. The load shall be contained in a manner that will permit safe handling during shipment and storage.

C. Marking: In addition to any special markings called out on the SPI;

C.1. All unit packages, intermediate packs, exterior shipping containers, and, as applicable, unitized loads shall be marked in

accordance with MIL-STD-129, Revision P, Change Notice 4, dated 19 Sep 2007 including bar coding and a MSL label. The contractor is

responsible for application of special markings as discussed in the Military Standard regardless of whether specified in the contract or

not. Special markings include, but are not limited to, Shelf-life markings, structural markings, and transportation special handling

markings. The marking of pilferable and sensitive materiel will not identify the nature of the materiel. Passive RFID tagging is

required in all contracts that contain DFARS clause 252.211-7006. Contractors must check the solicitation and/or contract for this

clause. For details and most recent information, see http://www.acq.osd.mil/log/rfid/index.htm for the current DoD Suppliers Passive

RFID Information Guide and Supplier Implementation Plan. If the item has Unique Item Identifier (UII) markings then the concatenated UII

needs to be 2D bar coded and applied on the unit package, intermediate and exterior containers, and the palletized unit load.

D. Heat Treatment and Marking of Wood Packaging Materials: All non-manufactured wood used in packaging shall be heat treated to a core

temperature of 56 degrees Celsius for a minimum of 30 minutes. The box/pallet manufacturer and the manufacturer of wood used as inner

packaging shall be affiliated with an inspection agency accredited by the board of review of the American Lumber Standard Committee. The

box/pallet manufacturer and the manufacturer of wood used as inner packaging shall ensure tractability to the original source of heat

treatment. Each box/pallet shall be marked to show the conformance to the International Plant Protection Convention Standard.

Boxes/pallets and any wood used as inner packaging made of non-manufactured wood shall be heat-treated. The quality mark shall be placed

on both ends of the outer packaging, between the end cleats or end battens; on two sides of the pallet. Foreign manufacturers shall have

the heat treatment of non-manufactured wood products verified in accordance with their National Plant Protection Organizations

compliance program. In addition, wood used as dunnage for blocking and bracing, to include ISO containers, shall be ordered with ALSC

certified marking for dunnage or the markings may be applied locally at two foot intervals.

E. This SPI has been validated and the method of preservation/packing has proven successful in meeting the needs of the military

distribution system, including indeterminate storage and shipment throughout the world. Special instructions and/or tailoring of the

SPI is detailed in the Supplemental Instructions below. A prototype package is required to validate the sizes and fit requirements of

the SPI. Minor dimensional and size changes are acceptable provided contractor provides the PCO and ACO with notification 60 days prior

to delivery. Any design changes or changes in the method of preservation that provide a cost savings without degrading the method of

preservation or packing or affecting the serviceability of the item will be considered and responded to within 10 days of submission to

PCO and ACO. Government reserves the right to require testing to validate alternate industrial preservation methods, materials,

alternate blocking, bracing, cushioning, and packing.

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F. Hazardous Materials (as applicable):

F.1..Hazardous Materials is defined as a substance, or waste which has been determined by the Secretary of Transportation to be capable

of posing an unreasonable risk to health, safety, and property when transported in commerce and which has been so designated. (This

includes all items listed as hazardous in Titles 29, 40 and 49 CFR and other applicable modal regulations effective at the time of

shipment.)

F.2. Unless otherwise specified, packaging and marking for hazardous material shall comply with the requirements for the mode of

transport and the applicable performance packaging contained in the following documents:

--International Air Transport Association (IATA) Dangerous Goods Regulations

--International Maritime Dangerous Goods Code (IMDG)

--Code of Federal Regulations (CFR) Title 29, Title 40 and Title 49

--Joint Service Regulation AFJMAN24-204/TM38-250/NAVSUPPUB 505/MCO

P4030.19/DLAM 4145.3 (for military air shipments).

F.3. If the shipment originates from outside the continental United States, the shipment shall be prepared in accordance with the United

Nations Recommendations on the Transport of Dangerous Goods in a manner acceptable to the Competent Authority of the nation of origin

and in accordance with regulations of all applicable carriers.

F.4. When applicable, a Product Material Safety Data Sheets (MSDS) is required to be included with every unit pack and intermediate

container and shall be included with the packing list inside the sealed pouch attached to the outside of the package.

G. SUPPLEMENTAL INSTRUCTIONS: -4

(DS6419) (End of Clause)

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SECTION E - INSPECTION AND ACCEPTANCE

1. THE GOVERNMENT WILL NOT FURNISH SLINGS OR MAGAZINES INCLUDING TEST SUPPORT MAGAZINES. THE CONTRACTOR WILL BE RESPONSIBLE FOR

SUPPLYING ALL SLINGS AND ALL MAGAZINES.

2. RIFLES USED FOR THE CONDUCT OF ENDURANCE TESTING ARE TO BE CONSIDERED DESTRUCTIVELY TESTED. THEY ARE NOT DELIVERABLE AS PART OF THE

CONTRACT QUANTITY. THE GOVERNMENT WILL TAKE TITLE TO THE ENDURANCE WEAPONS. DISPOSITION OF ENDURANCE WEAPONS WILL BE PROVIDED AT A

LATER DATE.

3. THE SUCCESSFUL OFFEROR(S) WILL BE REQUIRED TO COMPLETE THE FIRST ARTICLE TEST (IF NOT WAIVED) AND ALL PRODUCTION LOT ACCEPTANCE

TESTING. ALL TESTING SHALL BE IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN THE RESULTING CONTRACT.

*** END OF NARRATIVE E0001 ***


E-1 52.246-2 INSPECTION OF SUPPLIES - FIXED-PRICE AUG/1996

E-2 52.246-16 RESPONSIBILITY FOR SUPPLIES APR/1984

E-3 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT FEB/1999

The Contractor shall comply with the higher-level quality standard below. The Contractor shall be fully compliant prior to award

of this contract.

Title Number Date Tailoring

Quality Management Systems Requirements ISO 9001:2000 13 Dec 2000 Untailored

(EF6002) (End of Clause)

E-4 52.209-4512 FIRST ARTICLE TEST (CONTRACTOR TESTING) JUL/2007

TACOM LCMC

(RI)

a. The first article shall be examined and tested in accordance with contract requirements, the item specification(s), Quality Assurance

Provisions (QAPs) and all drawings listed in the Technical Data Package.

NOTE: FOR THE M16A3, NSN 1005-01-357-5112, PN 12012000, FIRST ARTICLE SHALL CONSIST OF: 5(Five) each of each drawing listed on the

TDPL. Three each prior to application of final protective finish and 2 after this application as applicable. In addition 20 complete

weapons will be tested in accordance with MIL-R-71135.

NOTE: FOR THE M16A4, NSN 1005-01-383-2872, PN 12973001 (STANDARD JOINT-SERVICES M16A4) First Article shall consist of: 5(Five) each of

each drawing listed on the TDPL. Three each prior to application of final protective finish and 2 after this application as applicable.

In addition 20 complete weapons will be tested in accordance with DTL 12973001.

FOR THE M16A4-1, M16A4-1 NON STANDARD CONFIGURATION DESCRIBED IN SECTIONS A AND C, FIRST ARTICLE SHALL CONSIST OF: 5(Five) each of each

drawing listed on the TDPL. Three each prior to application of final protective finish and 2 after this application as applicable. In

addition 20 complete weapons will be tested in accordance with DTL 12973001 and the exceptions provided to this document in Section C.

FOR THE M16A4-2, M16A4-2 NON STANDARD CONFIGURATION DESCRIBED IN SECTIONS A AND C, FIRST ARTICLE SHALL CONSIST OF: 5(Five) each of each

drawing listed on the TDPL. Three each prior to application of final protective finish and 2 after this application as applicable. In

addition 20 complete weapons will be tested in accordance with DTL 12973001 and the exceptions provided to this document in Section C.

b. The first article shall be representative of items to be manufactured using the same processes and procedures and at the same

facility as contract production. All parts and materials, including packaging and packing, shall be obtained from the same source of

supply as will be used during regular production. All components, subassemblies, and assemblies in the first article sample shall have

been produced by the Contractor (including subcontractors) using the technical data package applicable to this procurement.

c. The first article shall be inspected and tested by the contractor for all requirements of the drawing(s), the QAPs, and

specification(s) referenced thereon, except for:

(1) Inspections and tests contained in material specifications provided that the required inspection and tests have been performed

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previously and certificates of conformance are submitted with the First Article Test Report.

(2) Inspections and tests for Military Standard (MS) components and parts provided that inspection and tests have been performed

previously and certifications for the components and parts are submitted with the First Article Test Report.

(3) Corrosion resistance tests over 10 days in length provided that a test specimen or sample representing the same process has

successfully passed the same test within 30 days prior to processing the first article, and results of the tests are submitted with the

First Article Test Report.

(4) Life cycle tests over 10 days in length provided that the same or similar items manufactured using the same processes have

successfully passed the same test within 1 year prior to processing the first article and results of the tests are submitted with the

First Article Test Report.

(5) Onetime qualification tests, which are defined as a one-time on the drawing(s), provided that the same or similar item

manufactured using the same processes has successfully passed the tests, and results of the test are on file at the contractor's

facility and certifications are submitted with the First Article Test Report.

d. The Contractor shall provide to the Contracting Officer at least 15 calendar days advance notice of the scheduled date for final

inspection and test of the first article. Those inspections which are of a destructive nature shall be performed upon additional sample

parts selected from the same lot(s) or batch(es) from which the first article was selected.

e. A First Article Test Report shall be compiled by the contractor documenting the results of all inspections and tests (including

supplier's and vendor's inspection records and certifications, when applicable). The First Article Test Report shall include actual

inspection and test results to include all measurements, recorded test data, and certifications (if applicable) keyed to each drawing,

specification and QAP requirement and identified by each individual QAP characteristic, drawing/specification characteristic and

unlisted characteristic. Evidence of the QAR's verification will be provided. One copy of the First Article Test Report will be copy

furnished to TACOM LCMC (RI), 1 Rock Island Arsenal, ATTN: AMSTA-LC-WSC-D (Attn: Mr. R. Egan) Rock Island, IL 61299-7630. An

additional copy shall be sent directly to AMSRD-AAR-QEP-C, 1 Rock Island, Arsenal, ATTN: Ms. Jo Ann McConville, Rock Island, IL 61299-

7630.

f. 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 90 days, or (iii) whenever a change occurs in place of performance, manufacturing process, material used,

drawing, specification or source of supply. When conditions (i), (ii), or (iii) 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 provided concerning the submission, inspection, and notification of results. Costs of the additional first article

testing resulting from any of the causes listed herein that were instituted by the contractor and not due to changes directed by the

Government shall be borne by the Contractor.

(ES6016) (End of Clause)

E-5 52.245-4538 GOVERNMENT FURNISHED AMMUNITION AUG/2005

TACOM LCMC

(RI)

a. Ammunition has been programmed to support contractual test requirements as follows:

FOR THE M16A3, NSN 1005-01-357-5112, PN 12012000:

1,098,185 Each, Ball cartridge, National Stock Number 1305-01-457-4589, Department of Defense Identification Code AA33

b. Requests for all ammunition shall be submitted electronically to the contract specialist on DD Form 1348 no later than 45 days prior

to desired delivery dates. The completed request may be submitted via one of the following methods. By electronic mail to:

[email protected], or datafax CML 309-782-7899, with copies furnished to: [email protected] and

[email protected]. Or datafax to: (586) 574-7757.

c. No later than 30 days after completion of the contract, the contractor shall report to the Contracting Officer on the remaining

ammunition. The contractor shall indicate the quantity, type and National Stock Number of unused ammunition remaining at the

manufacturing/test facility and request disposition instructions.

d. The contractor shall also copy furnish the cognizant Defense Contract Management Command (DCMC) Quality Assurance Representative

(QAR) the above ammunition and disposition requests.


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E-6 52.246-4528 REWORK AND REPAIR OF NONCONFORMING MATERIAL MAY/1994

TACOM LCMC

(RI)

a. Rework and Repair are defined as follows:

(1) Rework - The reprocessing of nonconforming material to make it conform completely to the drawings, specifications or

contract requirements.

(2) Repair - The reprocessing of nonconforming material in accordance with approved written procedures and operations to

reduce, but not completely eliminate, the nonconformance. The purpose of repair is to bring nonconforming material into a usable

condition. Repair is distinguished from rework in that the item after repair still does not completely conform to all of the applicable

drawings, specifications or contract requirements.

b. Rework procedures along with the associated inspection procedures shall be documented by the Contractor and submitted to the

Government Quality Assurance Representative (QAR) for review prior to implementation. Rework procedures are subject to the QAR's

disapproval.

c. Repair procedures shall be documented by the Contractor and submitted on a Request for Deviation/Waiver, to the Contracting

Officer for review and written approval prior to implementation.

d. Whenever the Contractor submits a repair or rework procedure for Government review, the submission shall also include a

description of the cause for the nonconformances and a description of the action taken or to be taken to prevent recurrence.

e. The rework or repair procedure shall also contain a provision for reinspection which will take precedence over the Technical

Data Package requirements and shall, in addition, provide the Government assurance that the reworked or repaired items have met

reprocessing requirements.


E-7 52.246-4531 ACCEPTANCE INSPECTION EQUIPMENT (AIE) MAR/2001

TACOM LCMC

(RI)

(a) The contractor shall use a calibration system with traceability to a national or international standard for the AIE used on

this contract.

(b) The contractor shall provide all AIE (except for any AIE listed as available in Section H or Appendix I) necessary to assure

conformance of material to the contract requirements.

(c) AIE shall be available for use on the First Article (FA) submission, if FA is required, or prior to use for acceptance of

production material on this contract.

(d) Contractor furnished AIE shall be made (i) to the AIE designs specified in Section C, or (ii) to any other design provided the

contractor's proposed AIE design is approved by the Government. Contractor's proposed AIE design for inspection of characteristics

listed as "Critical, Special or Major" shall be submitted to the Government for review and approval as directed on the Contract Data

Requirements List, DD Form 1423. Government approval of AIE design shall not be considered to modify the contract requirements.

(e) When the contractor submits it's proposed AIE on commercial off the shelf equipment, the contractor shall include the

manufacturer's name and model number, and sufficient information to show capability of the proposed AIE to perform the inspection

required. When submitting proposed AIE design documentation on commercial computer controlled test and measuring equipment include

information on (1) test program listing (2) flowcharts showing accept and reject limits and computer generated test stimuli (3)

calibration program listing (4) sample of the printout of an actual test and calibration (5) test plan to verify accuracy of inspection

and correctness of accept or reject decision (6) identification of the equipment by model name and number.

(f) Resubmission of the contractor's proposed AIE design for Government approval on a follow on Government contract is not

required, provided the inspection characteristic parameters specified in the technical data package and the previously Government

approved AIE designs have not changed. In this situation, the contractor shall provide written correspondence in the place of the AIE

designs that indicates the prior Government approval and states that no changes have occurred.

(g) The Government reserves the right to disapprove, at any time during the performance of this contract, any AIE that is not

accomplishing its intended use in verifying an inspection or test characteristic.

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(h) If the contractor changes the design after the initial approval, the modified design must be submitted for approval prior to

use.


E-8 52.246-4532 DESTRUCTIVE TESTING MAY/1994

TACOM LCMC RI

a. All costs for destructive testing by the Contractor and items destroyed by the Government are considered as being included in

the contract unit price.

b. Where destructive testing of items or components thereof is required by contract or specification, the number of items or

components required to be destructively tested, whether destructively tested or not, shall be in addition to the quantity to be

delivered to the Government as set forth in the Contract Schedule.

c. All pieces of the complete First Article shall be considered as destructively tested items unless specifically exempted by other

provisions of this contract.

d. The Contractor shall not reuse any components from items used in a destructive test during First Article, lot acceptance or

inprocess testing, unless specifically authorized by the Contracting Officer.

e. The Government reserves the right to take title to all or any items or components described above. The Government may take title

to all or any items or components upon notice to the Contractor. The items or components of items to which the Government takes title

shall be shipped in accordance with the Contracting Officer's instructions. Those items and components to which the Government does not

obtain title shall be rendered inoperable and disposed of as scrap by the Contractor.


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SECTION F - DELIVERIES OR PERFORMANCE

EARLY DELIVERIES ARE NOT ACCEPTABLE WITHOUT THE EXPRESS WRITTEN CONSENT OF THE CONTRACTING OFFICER.

*** END OF NARRATIVE F0001 ***


F-1 52.242-15 STOP-WORK ORDER AUG/1989

F-2 52.242-17 GOVERNMENT DELAY OF WORK APR/1984

F-3 52.247-29 F.O.B. ORIGIN FEB/2006

F-4 52.247-30 F.O.B. ORIGIN, CONTRACTOR'S FACILITY FEB/2006

F-5 52.247-59 F.O.B. ORIGIN--CARLOAD AND TRUCKLOAD SHIPMENTS APR/1984

F-6 252.211-7003 ITEM IDENTIFICATION AND VALUATION JUN/2005

DFARS

(a) Definitions. As used in this clause:

Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable

media.

Concatenated unique item identifier means--

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data

elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data

elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the

original part, lot, or batch number.

Data qualifier means a specified character (or string of characters) that immediately precedes a data field that defines the

general category or intended use of the data that follows.

DoD recognized unique identification equivalent means a unique identification method that is in commercial use and has been

recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/UID/equivalents.html _________________________________________________

DoD unique item identification means a system of marking items delivered to DoD with unique item identifiers that have machine-

readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise

identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For

items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall

include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

Enterprise means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency.

Government's unit acquisition cost means--

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the

Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at

the time of delivery.

Issuing agency means an organization responsible for assigning a non-repeatable identifier to an enterprise (i.e., Dun &

Bradstreet's Data Universal Numbering System (DUNS) Number, Uniform Code Council (UCC)/EAN International (EAN) Company Prefix, or

Defense Logistics Information System (DLIS) Commercial and Government Entity (CAGE) Code).

Issuing agency code means a code that designates the registration (or controlling) authority for the enterprise

identifier.

Item means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

Lot or batch number means an identifying number assigned by the enterprise to a designated group of items, usually referred to as

either a lot or a batch, all of which were manufactured under identical conditions.

Machine-readable means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency

identification, or optical memory cards.

Original part number means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with

the same form, fit, function, and interface.

Parent item means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier

or DoD recognized unique identification equivalent.

Serial number within the enterprise identifier means a combination of numbers, letters, or symbols assigned by the

enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again

within the enterprise.

Serial number within the part, lot, or batch number means a combination of numbers or letters assigned by the enterprise to an item

that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

Serialization within the enterprise identifier means each item produced is assigned a serial number that is unique among all the

tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization

within the enterprise identifier.

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Serialization within the part, lot, or batch number means each item of a particular part, lot, or batch number is assigned a unique

serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within

the part, lot, or batch number within the enterprise identifier.

Unique item identifier means a set of data elements marked on items that is globally unique and unambiguous.

Unique item identifier type means a designator to indicate which method of uniquely identifying a part has been used. The current

list of accepted unique item identifier types is maintained at

http://www.acq.osd.mil/dpap/UID/uid_types.html_______________________________________________

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) DoD unique item identification or DoD recognized unique identification equivalents.

(1) The Contractor shall provide DoD unique item identification, or a DoD recognized unique identification equivalent, for--

(i) All delivered items for which the Government's unit acquisition cost is $5,000 or more; and

(ii) The following items for which the Government's unit acquisition cost is less than $5,000:

Contract line, subline, or exhibit line

item No. Item description:

___________________N/A________________________ ______________________________________________________

______________________________________________ ______________________________________________________

______________________________________________ ______________________________________________________

(iii) Subassemblies, components, and parts embedded within delivered items as specified in Attachment Number -2-.

(2) The concatenated unique item identifier and the component data elements of the DoD unique item identification or DoD

recognized unique identification equivalent shall not change over the life of the item.

(3) Data syntax and semantics of DoD unique item identification and DoD recognized unique identification equivalents. The Contractor

shall ensure that--

(i) The encoded data elements (except issuing agency code) of the unique item identifier are marked on the item using one of the

following three types of data qualifiers, as determined by the Contractor:

(A) Data Identifiers (DIs) (Format 06) in accordance with ISO/IEC International Standard 15418, Information Technology EAN/UCC

Application Identifiers and ANSI MH 10 Data Identifiers and ANSI MH 10 Data Identifiers and Maintenance.

(B) Application Identifiers (AIs) (Format 05), in accordance with ISO/IEC International Standard 15418, Information Technology

EAN/UCC Application Identifiers and ANSI MH 10 Data Identifiers and ANSI MH 10 Data Identifiers and Maintenance.

(C) Text Element Identifiers (TEIs), in accordance with the DoD collaborative solution "DD" format for use until the solution is

approved by ISO/IEC JTC1 SC 31. The "DD" format is described in Appendix D of the DoD Guide to Uniquely Identifying Items, available at

http://www.acq.osd.mil/dpap/UID/guides.htm; and__________________________________________

(ii) The encoded data elements of the unique item identifier conform to ISO/IEC International Standard 15434, Information

Technology--Syntax for High Capacity Automatic Data Capture Media.

(4) DoD unique item identification and DoD recognized unique identification equivalents.

(i) The Contractor shall--

(A) Determine whether to serialize within the enterprise identifier or serialize within the part, lot, or batch number; and

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; and for serialization within the

part, lot, or batch number only; original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this

clause, based on the criteria provided in the version of MIL-STD-130, Identification Marking of U.S. Military Property, cited in

the contract Schedule.

(ii) The issuing agency code--

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires unique item identification under paragraph (c) of this clause, in addition to the information

provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at

the time of delivery, either as part of, or associated with, the Material Inspection and Receiving Report, the following information:

(1) Concatenated unique item identifier; or DoD recognized unique identification equivalent.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number.

(6) Lot or batch number.

(7) Current part number (if not the same as the original part number).

(8) Current part number effective date.

(9) Serial number.

(10) Government's unit acquisition cost.

(e) Embedded DoD serially managed subassemblies, components, and parts. The Contractor shall report at the time of delivery, either

as part of, or associated with the Material Inspection and Receiving Report specified elsewhere in this contract, the following

information:

(1) Concatenated unique item identifier or DoD recognized unique identification equivalent of the parent item delivered under a

contract line, subline, or exhibit line item that contains the embedded subassembly, component, or part.

(2) Concatenated unique item identifier or DoD recognized unique identification equivalent of the embedded subassembly, component,

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or part.

(3) Unique item identifier type.**

(4) Issuing agency code (if concatenated unique item identifier is used).**

(5) Enterprise identifier (if concatenated unique item identifier is used).**

(6) Original part number.**

(7) Lot or batch number.**

(8) Current part number (if not the same as the original part number.**

(9) Current part number effective date.**

(10) Serial number.**

(11) Unit of measure.

(12) Description.

** Once per item.

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause in accordance with the data

submission procedures at http://www.acq.osd.mil/dpap/UID/DataSubmission.htm ___________________________________________________

(g) Subcontracts. If paragraph (c)(1) of this clause applies, the Contractor shall include this clause, including this paragraph

(g), in all subcontracts issued under this contract.

(FA6003) (End of Clause)

F-7 52.247-68 REPORT OF SHIPMENT (REPSHIP) FEB/2006

(a) Definition. Domestic destination, as used in this clause, means--

(1) A destination within the contiguous United States; or

(2) If shipment originates in Alaska or Hawaii, a destination in Alaska or Hawaii, respectively.

(b) Unless otherwise directed by the Contracting Officer, the Contractor shall--

(1) Send a prepaid notice of shipment to the consignee transportation officer--

(i) For all shipments of--

(A) Classified material, protected sensitive, and protected controlled material;

(B) Explosives and poisons, class 1, division 1.1, 1.2 and 1.3; class 2, division 2.3 and class 6, division 6.1;

(C) Radioactive materials requiring the use of a III bar label; or

(ii) When a truckload/carload shipment of supplies weighing 20,000 pounds or more, or a shipment of less weight that

occupies the full visible capacity of a railway car or motor vehicle, is given to any carrier (common, contract, or private) for

transportation to a domestic destination (other than a port for export);

(2) Transmits the notice by rapid means to be received by the consignee transportation officer at least 24 hours before the arrival

of the shipment; and

(3) Send, to the receiving transportation officer, the bill of lading or letter or other document containing the following

information and prominently identified as a Report of Shipment or REPSHIP FOR T.O.

REPSHIP FOR T.O. 81 JUN 01

TRANSPORTATION OFFICER

DEFENSE DEPOT, MEMPHIS, TN.

SHIPPED YOUR DEPOT 1981 JUN 1 540 CTNS MENS COTTON TROUSERS, 30,240 LB, 1782 CUBE, VIA XX-YY*

IN CAR NO. XX 123456**-BL***-C98000031****CONTRACT DLA----------

ETA*****-JUNE 5 JONES & CO., JERSEY CITY, N.J.

*Name of rail carrier, trucker, or other carrier.

**Vehicle identification.

***Bill of lading.

****If not shipped by BL, identify lading document and state whether paid by contractor.

*****Estimated time of arrival.

(FF7068) (End of Clause)

F-8 52.247-4531 COGNIZANT TRANSPORTATION OFFICER MAY/1993

TACOM LCMC RI

(a) The Contract Administration Office designated at the time of contract award, or the office servicing the point of shipment if

subsequently designated by the original office, will be the contact point to which the contractor will:

(1) Submit, as necessary, DD Form 1659, Application for U.S. Government Bill(s) of Lading/Export Traffic Release, in

triplicate at least ten days prior to date supplies will be available for shipment;

(2) Obtain shipping instructions as necessary for F.O.B. Destination delivery; and

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(3) Furnish necessary information for MILSTRIP/MILSTAMP or other shipment documentation and movement control, including air

and water terminal clearances.

(4) For FMS, at least 10 days in advance of actual shipping date, the contractor should request verification of ''Ship to''

and ''Notification'' address from the appropriate DCMA.

(b) The Contract Administration Office will provide to the contractor data necessary for shipment marking and freight routing.

(c) The contractor shall not ship directly to a Military air or waterport terminal without authorization by the designated point of

contact.

(FS7240) (End of Clause)

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SECTION G - CONTRACT ADMINISTRATION DATA


G-1 52.232-4500 CONTRACT PAYMENT INSTRUCTIONS AUG/1997

TACOM LCMC

(RI)

The paying office shall ensure that the invoice/voucher is disbursed from each ACRN as indicated on the invoice/voucher.

(GS7016) (End of Clause)

G-2 52.242-4505 CAO SHIPPING INSTRUCTIONS FOR OVERSEAS MOVEMENTS MAR/1988

TACOM LCMC

(RI)

The Contract Administration Office shall:

a. Assure that Contractor is not authorized to release any shipment without clearance by TACOM-RI Quality Assurance Directorate and

either CAO Traffic Office or TACOM-RI Transportation and Traffic Management Directorate. Additionally, for U.S. Army foreign military

sales (FMS) shipments of ammunition from a contractor-owned contractor-operated (COCO) facility, the CAO will contact the Surveillance

Operations Division, TACOM-RI Product Assurance Directorate (AMSTA-QAW-C)) at DSN 793-7558 or COMMERCIAL 309/782-7558 to obtain

functional clearance for each lot/shipment which is direct shipped to an FMS customer. The following information is required for

functional clearance of ammunition for FMS:

(1) Country and case designator;

(2) Nomenclature, NSN, and DODIC;

(3) Material release order (MRO) number;

(4) Lot/serial number and quantity to be shipped;

(5) Date of manufacture and date of U.S. Government acceptance;

(6) Functional deviations or waivers from local records;

(7) Restrictions or suspensions.

b. At least 10 days prior to availability of FMS Ammo shipments, contact TACOM-RI Rock Island, IL 61299-6000, ATTN: AMSMC-TMD,

Phone: DSN 793-4910 or 4707, furnishing date of QA clearance and by whom, Document Number/TCN/PIECES/WEIGHT/and CUBE of shipment and

request shipping instructions.

c. Provide Contractor with appropriate instructions for shipment address markings.

d. Provide Contractor with Bill of Lading, and/or Freight Routing Instructions.

e. For all FMS Ammo Shipments:

(1) Provide a copy of each DD Form 1348-5, Notice of Availability, including supporting DD Forms 1348-1A (if applicable) to

TACOM-RI, Rock Island, IL 61299-6000, ATTN: AMSMC-TMD and AMSMC-QAS-C to maintain total visibility of hazardous and/or sensitive

materials to and through the regulated Port of Embarkation.

(2) Furnish a copy of each DD Form 250, to TACOM-RI, Rock Island, IL 61299-6000, ATTN: AMSMC-TMD and AMSMC-QAS-C, additionally

annotated with PCS/WT/CUBE, name of carrier and actual date shipped, to confirm movements for tracking and ongoing visability purpose.

(GS7010) (End of Clause)

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SECTION H - SPECIAL CONTRACT REQUIREMENTS


H-1 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA MAY/2002

DFARS

H-2 252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA MAR/2000

DFARS

H-3 52.232-4508 PROGRESS PAYMENT LIMITATION MAR/1988

TACOM LCMC

(RI)

Prior to first article approval, only costs incurred for the first article, or those authorized in writing by the Contracting Officer,

are allowable for progress payments; however, such payments shall not exceed ten percent ( 10 %) of the initial award value of the

contract.

(HS6009) (End of Clause)

H-4 52.227-4575 DISPOSITION OF DRAWINGS AND SPECIFICATIONS JUL/2007

TACOM LCMC

(RI)

(a) There are documents included in the Technical Data Package which have been marked with the following Legend:

'This entire document and all information thereon is proprietary to Colt's Inc. and shall not be reproduced, duplicated or copied in

whole or in part, disclosed or made available to any other person, firm or corporation or otherwise used except to the extent necessary

for and then only in connection with the preparation and/or submission of bids or proposals related to a procurement being affected by

the United States Government or in connection with the manufacture in the United States either by the United States Government or under

a contract with the United States Government. This document will be disposed of in accordance with instructions issued by the

responsible Contracting Officer upon completion of the purpose for which it was issued.'

(b) It is required that the Contractor must maintain the legend intact and will be required to certify to the use made and

disposition of the documents. If distribution of these documents is made by the Contractor, the same requirements are imposed with

respect to the legend, the use, and disposition of these documents.

(c) Upon completion of the purposes for which these documents have been issued, the contractor is required to destroy or have

destroyed all documents bearing the above legend, including all reproductions, duplications or copies thereof as may have been further

distributed by the Contractor. Immediately after destruction thereof, a Certificate of Destruction will be furnished to the Contracting

Officer, which will include identification of the documents and quantity thereof, as well as the date of destruction.

(d) The Contractor's attention is specifically directed to the fact that, under this Contract, any technical data which is

restricted as to use by a legend such as that set forth in paragraph (a) above shall not be furnished to others in connection with

manufacture or procurement activities unless it is clearly and indelibly marked to restrict its use and/or reproduction and shall

include the legend specified in paragraph (a) above.

(e) Destruction of this technical data shall be accomplished by burning, shredding or pulping.

(f) A certificate of destruction must be forwarded to:

TACOM Life Cycle Management Command

1 Rock Island Arsenal

ATTN: AMSTA-LC-WSC

Rock Island, IL 61299-7630


H-5 52.227-4576 M16 LICENSE AGREEMENT REQUIREMENT MAR/1995

TACOM LCMC

(RI)

A license agreement between Colt Industries and the United States Government requires the items procured under this contract to be

manufactured exclusively in the United States Territory. The United States Territory is defined as the fifty states, District of

Columbia, and the territories, island possessions and protectorates of the United States of America. An offeror under this

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solicitation, by submitting a bid/proposal, certifies that if awarded a contract, all items being procured will be manufactured

exclusively within the United States Territory and agrees that any failure to have the items so manufactured will be a material breach

of the contract.


H-6 52.245-4500 DEMILITARIZATION AND TRADE SECURITY CONTROL REQUIREMENTS AND OCT/2006

TACOM LCMC PROCEDURES

(RI)

I. Demil and Trade Security Controls (TSCs) Summary:

A. This procurement action has a demil and/or TSC consideration requirement. The demil and trade security control provisions in this

solicitation implement the policy and requirements of the Arms Export Control Act, 22 United States Code (U.S.C.), Section 2778, the

International Traffic in Arms Regulations (ITAR) at 22 Code of Federal Regulations (CFR), Parts 120-130, the Export Administration

Regulations (EAR), at 15 CFR 730-774 and the Export Administration Act. Regulatory requirements and guidance are contained in Federal

Acquisition Regulation (FAR) 45.6, Reporting, Redistribution, and Disposal of Contractor Inventory and Defense Federal Acquisition

Regulation Supplement (DFARS) 245.604, Restrictions on Purchase or Retention of Contractor Inventory.

B. Demil and TSC policy is promulgated via Department of Defense (DoD) regulations and in the establishment of contract requirements.

Accordingly, the Governments right to require demilitarization under this clause is a contractual right, subject to the authority and

discretion of the Procuring Contracting Officer (PCO). Therefore the PCO may or may not forward Contractor demilitarization waiver

request to the DoD Demilitarization Program Manager for review and approval, even when there is certifiable Contractors compliance with

all existing TSC regulations. The waiver approval process is described in paragraph VII of this clause.

C. The DoD policy and requirements for demil and TSCs are contained in the DoD 4160.21-M-1, Demil and TSCs Manual. This manual is

hereby incorporated by reference, and its terms, conditions, and procedures are valid and enforceable as contractual requirements. If

there is a conflict between the Demil and TSCs Manual and the Demil and TSC Clause herein, the Demil and TSCs Manual takes precedence.

D. This contract requires the manufacture, assembly, test, maintenance, repair, and/or delivery of military/defense items. This clause

sets forth the requirements for the control and corresponding certification and verification of disposition of contract excess property.

The requirements under this clause are applicable to any Contractor and/or Subcontractor who perform work under this contract. This

clause is a mandatory flow-down clause; accordingly, Contractor/Subcontractor must include this clause in subcontracts for work under

this solicitation and resulting contract.

E. The demil and TSC requirements apply to all materials and property (Government furnished equipment (GFE)), special tools and

special test equipment, manufactured parts in whatever stage of assembly, and associated technical data including technical manuals,

drawings, process sheets, and working papers) bought, assembled, produced, or provided by the Government under this contract regardless

of the type of contract and regardless of who has title to the material. The intent is to control military/defense items in accordance

with statutory and regulatory requirements. Bidders/offerors proposed prices under this solicitation and any resulting contract should

include any and all cost(s) to comply with this clause and the Governments demil and TSC requirements.

F. In general, the demil requirements must be met upon completion of the contract. For indefinite delivery contracts as defined by FAR

16.501-2, demil requirements must be met upon the expiration of the potential contractual performance period as described in section A

of the contract and/or in section B (the schedule) of the contract; or upon contract termination if the contract is terminated earlier.

Contractor(s) awarded a contract with demil requirements shall be responsible for maintaining an inventory system capable of recording,

safeguarding and tracking all material, work in process, components associated or related to the performance of the contract for the

purpose (not intended to be exclusive) of enabling the Contractor to fulfill its demil obligations under this clause. The Contractor

will provide a copy of demil certificates to the PCO within 30 days for inclusion in the contract file.

G. Paragraph VIII. c. of this clause applies to the demil of excess U.S. Government furnished equipment (GFE)/technical data provided

to a Contractor in support of this contract; see excess GFE definition II. b. below. If the Contractor is not using GFE in performance

of this contract, disregard this paragraph.

H. The Contractor agrees that demil performed under this contract will be conducted in accordance with this clause or DoD 4160.21-M-1,

Demil and TSCs Manual, and all demilitarized material will meet or exceed the definition of scrap as defined by this clause.

II. Definitions:

A. Contract excess property is property of the type covered by this contract for which the contractor does not claim payment or has

been denied payment and all GFE not returned to the Government upon completion of the contract. This includes, but is not limited to,

rejects and overruns. Contract excess property (whether title to the property is in the Government or not) includes completed or

partially completed parts, components, subassemblies, assemblies, end items, special tools and test equipment, and all associated

technical manuals, technical data, packaging and labeling. Contract excess property shall be controlled and final disposition determined

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by assigned demil code unless waived by the DoD Demil PM.

B. Excess GFE is equipment/technical data provided by the U. S. Government to the Contractor that the Contractor no longer needs to

satisfy the contracts requirements, which the Government does not want returned during or at the completion of the contract.

C. Demilitarization is the act of destroying the military offensive and defensive characteristics inherent in certain types of

equipment and material to the degree necessary to preclude its restoration to a usable condition.\~The term includes mutilation, dumping

at sea, cutting, crushing, shredding, melting, burning or alteration designed to prevent the further use of this equipment and material

for its originally intended military purpose. It applies equally to material in unserviceable and serviceable condition.

D. Scrap is material that has no value except for its basic material content.

E. Munitions list item (MLI) is any item contained in the U. S. Munitions List, 22 CFR 120-130.

F. Commerce control list item (CCLI) is a multi-use (military, commercial and other strategic use) item under the jurisdiction of the

Bureau of Export Administration, U. S. Department of Commerce, through the Export Administration Regulations, 15 CFR 730-774. The types

of items on the CCL may be commodities (i. e., equipment, materials, electronics), software, or a particular technology.

G. Trade security control (TSC) is control procedures designed to preclude the sale or shipment of Munitions List or Commerce Control

List items to any entity whose interests are inimical to those of the United States. These controls are also applicable to such other

selected entities as may be designated by the Deputy Under Secretary of Defense (Trade Security Policy).

H. Commercial type property is material, equipment, software, or technology not generally considered to be unique and peculiar to DoD

and possessing commercial marketability.

I. Significant military equipment (SME) is material for which special export controls are warranted because of their capacity for

substantial military utility or capability. Items designated as SME require worldwide demil as prescribed in DoD 4160.21-M-1, Demil and

TSCs Manual, appendix 4.

J. Ammunition, explosives, and dangerous articles (AEDA) is any substance that by its composition and chemical characteristics, alone

or when combined with another substance, is or becomes an explosive or propellant or is hazardous or dangerous to personnel, animal or

plant-life, structures, equipment or the environment as a result of blast, fire, fragment, radiological or toxic effects. AEDA is not a

criterion for demil. AEDA items not on the Munitions List would be coded A or Q.

III. Applicability:

This solicitation/contract is for the production of MLIs or CCLIs and contract excess may require demil and TSCs. This clause is

applicable to prime and Subcontractors.

IV. Contractor Demil and TSCs:

A. The Contractor will demil and apply TSCs as required on all contract excess property as dictated by the Government assigned demil

code and its definition and the demilitarization and trade security controls matrix in paragraph IX of this clause. Demil codes and

definitions can be accessed per paragraph VIII of this clause.

B. The Contractor will contact the PCO for declassification, safety and demil instructions for contract excess property with an

assigned demil code of P, F, or G.

C. The Contractor will demil all associated excess technical data.

V. Demil Certification and Verification (DC&V):

A. During or upon completion of manufacturing under this contract, the prime Contractor shall notify the PCO in a timely manner that a

Government representative is required to witness demil of contract excess property produced under this contract whether the prime

Contractor or a Subcontractor is performing the demil.

B. Subcontractors shall notify the prime Contractor in a timely manner who shall notify the PCO that a Government representative is

required to witness demil of contract excess property produced under this contract.

C. The Government Quality Assurance Representative (QAR) will forward all demil certificates and the final DD Form 250 to the PCO so

that final payment can be made. The PCO will not release the final DD Form 250 for payment unless all pertinent demilitarization

certificates from all prime and subcontractors involved have been received. If the Contractor is using the Wide Area Workflow (WAWF)

Receipt-Acceptance system, the QAR will ensure all demil certificates are attached to the final WAWF Receiving Report before accepting

the shipment. The Demil Certification and Verification Certificate will become part of the contract file.

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D. A Contractors representative certifies and a technically qualified U.S. Government QAR (United States citizen) is designated as the

U.S. Government official responsible for executing the Demil verification unless another U.S. Government official is designated in

writing by the PCO. Both shall actually witness the demil; and both shall sign and date the DA Form 7579 available at

http://www.apd.army.mil/.

VI. Demil Waivers:

A. The Contractor may request a demil waiver for contractual requirements. However, any waiver must be predicated upon disposition of

material in a manner that is consistent with the guidelines and intent of applicable demil and TSC laws and regulations. All requests

for demil waivers must be submitted in writing through the PCO and the Armys Demil PM to the DoD Demil PM. Waiver request must be

approved prior to Contractor disposition of any contract excess property and prior to the release of final DD Form 250 for payment. All

waiver requests must specify the items, quantity, proposed disposition of the material, and any additional terms. If written approval of

the request for a demil waiver is not granted within 45 days of submission, the demil request shall be deemed disapproved. The

Contractor is not entitled to demil waiver. Contact the PCO for additional specific guidance.

B. When a demil waiver is approved, all packaging and Government property containing non-removable markings shall have these markings

permanently obliterated before any non-demilitarized disposition.

VII. Disputes - any disputes concerning this clause shall be addressed in accordance with the Disputes clause in this

solicitation/contract.

VIII. Contractor Access and Identification of Demilitarization Requirements:

A. Contractors will identify demilitarization requirements by accessing the assigned demilitarization code via the Internet using the

following steps:

1. Logon to Army Electronic Product Support (AEPS) Website https://aeps.ria.army.mil/. This displays the U.S. Army Materiel

Command Army Electronic Product Support Website entrance portal.

2. Click on Accept. This displays the Public Applications page.

3. If you have an AEPS account, go to step 4 below. First time users, click on How to Enter AEPS and then follow instructions for

Government Contractors to establish an AEPS account.

4. Click on Enter AEPS and enter your UserID and Password.

5. Under Popular Applications, click on Contractor Demil Code Query which displays an interactive searchable database containing

all part numbers that have been assigned a National Stock Number (NSN) in the FLIS.

6. Click on the icon Demilitarization Code Definitions provided on this web page. Print these definitions for future reference and

close the screen.

B. The Contractors demilitarization requirement:

1. The Contractors demilitarization requirement is based on the demilitarization code (A, B, C, D, E, F, G, P or Q) assigned to

the property and its corresponding definition.

2. Identify the current demilitarization code assigned by entering the part number (P/N) or National Item Identification Number

(NIIN) of the property in question and click on Enter.

Note: If an NSN has NOT been assigned to the property in question, the demilitarization code for the property is not in this database.

Contact the PCO for the demilitarization requirements for property if the demilitarization code could not be identified in this

database.

3. Result will be the current demilitarization code. Match the demilitarization code with its definition. Demilitarize excess

property in accordance with the demilitarization code definition.

C. Due to numerous variables, the Government may not know which disposal option is most advantageous for GFE until the end of the

contract. Three GFE disposal options available to the Government are:

Option 1:

1. Have the Contractor demilitarize the excess GFE per the assigned demilitarization code.

2. The cost of Contractor demilitarization will be negotiated.

3. The PCO will provide the Contractor with the pertinent demilitarization instructions for property without codes assigned.

4. The PCO will ensure that demilitarization certification and verification is properly documented.

Option 2:

1. Abandon or sell the excess GFE and transfer the title to the Contractor.

2. Prior to the Government transferring the title of demilitarized or un-demilitarized excess GFE and regardless of its

serviceability, all TSC laws must be satisfied. Therefore, the Contractor must be in possession of an approved end use certificate

(EUC), DLA Form 1822, before the Government transfers title to the property.

3. The EUC is the U.S. Government's instrument to ensure the Contractor is aware of and agrees to assume the responsibility for

future TSC requirements and demilitarization cost and liabilities for the excess GFE. The demilitarization and TSC requirements for

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MLI/CCLE do not diminish over time. For complete TSC requirements, see paragraph IX of this clause and DoD 4160.21-M-1,

Demilitarization and TSCs Manual.

4. Contractors and other persons must obtain the permission of the PCO prior to any subsequent disposition or sale. Any

subsequent disposition or sale will be accomplished in accordance with DoD 4160.21-M-1, Demilitarization and TSCs Manual.

Option 3:

The Contractor returns excess GFE to the Government's control for disposal and the Government ensures adequate disposal occurs

per DoD 4160.21-M-1, Demilitarization and TSCs Manual.

IX. Demilitarization and Trade Security Controls Matrix

Table 2-1. Demilitarization and/or no demilitarization and/or trade security controls and/or_____________________________________________________________________________________________

end use certificate matrix ___________________________

Demil Code Demil Req'd No Demil Req'd TSC Required

Non-MLI/or Non-CCLI A Commercial X

MLI-Non-SME B X X EUC DLA Form 1822

MLI/SME C X X EUC DLA Form 1822

MLI/SME D X X EUC DLA Form 1822

MLI/Non-SME E X X EUC DLA Form 1822

MLI/SME F X X EUC DLA Form 1822

MLISME G X X EUC DLA Form 1822

MLI/SME P X X EUC DLA Form 1822

EAR/CCLI Q Dual Use/ X X EUC DLA Form 1822

Commercial

(HS7144) (End of clause)

H-7 52.247-4545 PLACE OF CONTRACT SHIPPING POINT, RAIL INFORMATION MAY/1993

TACOM LCMC

(RI)

The bidder/offeror is to fill in the 'Shipped From' address, if different from 'Place of Performance' indicated elsewhere in this

section.

Shipped From:

___________________________________

___________________________________

___________________________________

For contracts involving F.O.B. Origin shipments furnish the following rail information:

Does Shipping Point have a private railroad siding? YES NO _____ _____

If YES, give name of rail carrier serving it: ____________________

If NO, give name and address of nearest rail freight station and carrier serving it:

Rail Freight Station Name and Address: ____________________

Serving Carrier: _________________________


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SECTION I - CONTRACT CLAUSES


I-1 52.202-1 DEFINITIONS JUL/2004

I-2 52.203-3 GRATUITIES APR/1984

I-3 52.203-5 COVENANT AGAINST CONTINGENT FEES APR/1984

I-4 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR JAN/1997

IMPROPER ACTIVITY

I-5 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY JAN/1997

I-6 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS SEP/2005

I-7 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER AUG/2000

I-8 52.204-7 CENTRAL CONTRACTOR REGISTRATION JUL/2006

I-9 52.209-6 PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH SEP/2006

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

I-10 52.211-5 MATERIAL REQUIREMENTS AUG/2000

I-11 52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS SEP/1990

I-12 52.215-2 AUDIT AND RECORDS - NEGOTIATION JUN/1999

I-13 52.215-14 INTEGRITY OF UNIT PRICES OCT/1997

I-14 52.219-7 NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE JUN/2003

I-15 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT/2000

I-16 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN SEP/2007

I-17 52.219-14 LIMITATIONS ON SUBCONTRACTING DEC/1996

I-18 52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN JAN/1999

I-19 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES FEB/1997

I-20 52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES JAN/2006

I-21 52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB/1999

I-22 52.222-26 EQUAL OPPORTUNITY MAR/2007

I-23 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE SEP/2006

VIETNAM ERA, AND OTHER ELIGIBLE VETERANS

I-24 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES JUN/1998

I-25 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE SEP/2006

VIETNAM ERA, AND OTHER ELIGIBLE VETERANS

I-26 52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR DEC/2004

FEES

I-27 52.223-6 DRUG-FREE WORKPLACE MAY/2001

I-28 52.223-14 TOXIC CHEMICAL RELEASE REPORTING AUG/2003

I-29 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES FEB/2006

I-30 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT AUG/1996

I-31 52.229-3 FEDERAL, STATE, AND LOCAL TAXES APR/2003

I-32 52.232-1 PAYMENTS APR/1984

I-33 52.232-8 DISCOUNTS FOR PROMPT PAYMENT FEB/2002

I-34 52.232-11 EXTRAS APR/1984

I-35 52.232-17 INTEREST JUN/1996

I-36 52.232-23 ASSIGNMENT OF CLAIMS - ALTERNATE I APR/1984

I-37 52.232-25 PROMPT PAYMENT OCT/2003

I-38 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR OCT/2003

REGISTRATION

I-39 52.233-1 DISPUTES JUL/2002

I-40 52.233-3 PROTEST AFTER AWARD AUG/1996

I-41 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT/2004

I-42 52.242-13 BANKRUPTCY JUL/1995

I-43 52.243-1 CHANGES - FIXED PRICE AUG/1987

I-44 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS MAR/2007

I-45 52.246-1 CONTRACTOR INSPECTION REQUIREMENTS APR/1984

I-46 52.246-23 LIMITATION OF LIABILITY FEB/1997

I-47 52.247-1 COMMERCIAL BILL OF LADING NOTATIONS APR/1984

I-48 52.247-63 PREFERENCE FOR U.S. - FLAG AIR CARRIERS JUN/2003

I-49 52.248-1 VALUE ENGINEERING FEB/2000

I-50 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) MAY/2004

I-51 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) APR/1984

I-52 52.253-1 COMPUTER GENERATED FORMS JAN/1991

I-53 252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT- DEC/2004

DFARS RELATED FELONIES

I-54 252.203-7002 DISPLAY OF DOD HOTLINE POSTER DEC/1991

DFARS

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I-55 252.204-7000 DISCLOSURE OF INFORMATION DEC/1991

DFARS

I-56 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT APR/1992

DFARS

I-57 252.204-7004 CENTRAL CONTRACTOR REGISTRATION - ALTERNATE A NOV/2003

DFARS

I-58 252.204-7006 BILLING INSTRUCTIONS OCT/2005

DFARS

I-59 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS DEC/1991

DFARS

I-60 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE DEC/2006

DFARS GOVERNMENT OF A TERRORIST COUNTRY

I-61 252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) APR/2007

I-62 252.223-7002 SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES MAY/1994

I-63 252.223-7003 CHANGE IN PLACE OF PERFORMANCE--AMMUNITION AND EXPLOSIVES DEC/1991

I-64 252.223-7004 DRUG-FREE WORK FORCE SEP/1988

DFARS

I-65 252.225-7001 BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM JUN/2005

DFARS

I-66 252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS APR/2003

DFARS

I-67 252.225-7006 QUARTERLY REPORTING OF ACTUAL CONTRACT PERFORMANCE OUTSIDE THE UNITED MAY/2007

STATES

I-68 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES JAN/2007

DFARS

I-69 252.225-7013 DUTY-FREE ENTRY OCT/2006

DFARS

I-70 252.225-7028 EXCLUSIONARY POLICIES AND PRACTICES OF FOREIGN GOVERNMENTS APR/2003

DFARS

I-71 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC SEP/2004

DFARS ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (OCT 2003)

I-72 252.227-7025 LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT FURNISHED JUN/1995

DFARS INFORMATION MARKED WITH RESTRICTIVE LEGENDS

I-73 252.231-7000 SUPPLEMENTAL COST PRINCIPLES DEC/1991

DFARS

I-74 252.232-7002 PROGRESS PAYMENTS FOR FOREIGN MILITARY SALES ACQUISITIONS DEC/1991

DFARS

I-75 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS MAR/2007

DFARS

I-76 252.232-7004 DOD PROGRESS PAYMENT RATES OCT/2001

DFARS

I-77 252.232-7010 LEVIES ON CONTRACT PAYMENTS DEC/2006

DFARS

I-78 252.242-7003 APPLICATION FOR U.S. GOVERNMENT SHIPPING DOCUMENTATION/INSTRUCTIONS DEC/1991

I-79 252.242-7004 MATERIAL MANAGEMENT AND ACCOUNTING SYSTEM NOV/2005

DFARS

I-80 252.243-7001 PRICING OF CONTRACT MODIFICATIONS DEC/1991

DFARS

I-81 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT MAR/1998

DFARS

I-82 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DOD JAN/2007

DFARS CONTRACTS)

I-83 252.245-7001 REPORTS OF GOVERNMENT PROPERTY MAY/1994

DFARS

I-84 252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT MAR/2003

DFARS

I-85 52.216-18 ORDERING OCT/1995

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the

individuals or activities designated in the Schedule. Such orders may be issued from date of award through 31 December 2010.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a

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delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be

issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(IF6155) (End of Clause)

I-86 52.216-19 ORDER LIMITATIONS OCT/1995

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 200 (TWO

HUNDRED), the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the

contract.

(b) Maximum order. The Contractor is not obligated to honor -

(1) Any order for a single item in excess of 40,000 (Forty thousand);

(2) Any order for a combination of items in excess of (Eighty thousand) or

(3) A series of orders from the same ordering office within 30 (thirty) days that together call for quantities exceeding the

limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition

Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds

the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in

paragraph (b), unless that order (or orders) is returned to the ordering office within 7 (seven) days after issuance, with written

notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the

Government may acquire the supplies or services from another source.


I-87 52.216-22 INDEFINITE QUANTITY OCT/1995

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the

Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The

Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including

the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services

designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of

orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple

locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the

Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations

with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the

Contractor shall not be required to make any deliveries under this contract on Delivery Orders issued after December 31, 2010.


I-88 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA- AUG/2000

DESIGNATED PRODUCTS

(a) Definitions. As used in this clause--

Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or

recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of "recovered

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material."

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those

materials and y-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall--

(1) Estimate the percentage of the total recovered material used in contract performance, including, if applicable, the percentage

of postconsumer material content; and

(2) Submit this estimate to AMSTA-LC-WSC, ATTN: Mr. Nathan Acree Jr., Rock Island Arsenal, Rock Island, IL 61299-7630.


I-89 52.232-16 PROGRESS PAYMENTS APR/2003

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly in

amount of $2500 or more approved by the Contracting Officer, under the following conditions:

(a) Computation of amounts.

(1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 80 percent of the

Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see

paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The

Contracting Officer will consider cost of money that would be allowable under FAR 31.205-10 as an incurred cost for progress payment

purposes.

(2) The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the

amounts that have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors -

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

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

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

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

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any

contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).

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

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

principles and practices.

(ii) Costs incurred by subcontractors or suppliers.

(iii) Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized

portion of such costs.

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

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

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

(5) The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including

allowable unliquidated progress payments to subcontractors) nor (ii) the value, for progress payment purposes, of the incomplete work.

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

Contractor and acceptance by the Government are incomplete.

(6) The total amount of progress payments shall not exceed eighty percent (80%) of the total contract price.

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(7) If a progress payment or the unliquidated progress payment exceed the amounts permitted by subparagraphs (a)(4) or (a)(5) above,

the Contractor shall repay the amount of such excess to the Government on demand.

(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less

than $2500. The Contracting Officer may make exceptions.

(b) Liquidation. Except as provided in the Termination for Convenience of the Government clause, all progress payments shall be

liquidated by deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress

payments, or eighty percent (80%) of the amount invoiced, whichever is less. The Contractor shall repay to the Government any amounts

required by a retroactive price reduction, after computing liquidations and payments on past invoices at the reduced prices and

adjusting the unliquidated progress payments accordingly. The Government reserves the right to unilaterally change from the ordinary

liquidation rate to an alternate rate when deemed appropriate for proper contract financing.

(c) Reduction or suspension. The Contracting Officer may reduce or suspend progress payments, increase the rate of liquidation, or

take a combination of these actions, after finding on substantial evidence any of the following conditions:

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

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

condition.

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

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

(5) The unliquidated progress payments exceed the fair value of the work accomplished on the undelivered portion of this contract.

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

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

(d) Title.

(1) Title to the property described in this paragraph (d) shall vest in the Government. Vestiture shall be immediately upon the date

of this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should

have been allocable or properly chargeable to this contract.

(2) "Property," as used in this clause, includes all of the below-described items acquired or produced by the Contractor that are or

should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices.

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

(ii) Special tooling and special test equipment to which the Government is to acquire title under any other clause of this

contract;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, and other similar

manufacturing aids, title to which would not be obtained as special tooling under subparagraph (ii) above; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by

other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract, e.g., the

termination or special tooling clauses, shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract without requesting the Contracting Officer's

approval, but the proceeds shall be credited against the costs of performance.

(5) To acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor

must obtain the Contracting Officer's advance approval of the action and the terms. The Contractor shall (i) exclude the allocable cost

of the property from the costs of contract performance, and (ii) repay to the Government any amount of unliquidated progress payments

allocable to the property. Repayment may be by cash or credit memorandum.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all progress payments, title

shall vest in the Contractor for all property (or the proceeds thereof) not--

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

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

Government under this clause.

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

Government acquired title solely under this clause.

(e) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the

title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. The

Contractor shall repay the Government an amount equal to the unliquidated progress payments that are based on costs allocable to

property that is damaged, lost, stolen, or destroyed.

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

administration of this clause.

(g) Reports and access to records. The Contractor shall promptly furnish reports, certificates, financial statements, and other

pertinent information reasonably requested by the Contracting Officer for the administration of this clause. Also, the Contractor shall

give the Government reasonable opportunity to examine and verify the Contractor's books, records, and accounts.

(h) Special terms regarding default. If this contract is terminated under the Default clause, (i) the Contractor shall, on demand,

repay to the Government the amount of unliquidated progress payments and (ii) title shall vest in the Contractor, on full liquidation of

progress payments, for all property for which the Government elects not to require delivery under the Default clause. The Government

shall be liable for no payment except as provided by the Default clause.

(i) Reservations of rights.

(1) No payment or vesting of title under this clause shall (i) excuse the Contractor from performance of obligations under this

contract or (ii) constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause (i) shall not be exclusive but rather shall be in addition to any other

rights and remedies provided by law or this contract and (ii) shall not be affected by delayed, partial, or omitted exercise of any

right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this

clause or the exercise of any other right, power, or privilege of the Government.

(j) Financing payments to subcontractors. The financing payments to subcontractors mentioned in paragraphs (a)(1) and (a)(2) of this

clause shall be all financing payments to subcontractors or division, if the following conditions are met:

(1) The amounts included are limited to -

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

(ii) any unpaid subcontractor requests for financing payments.

(2) The subcontract or interdivisional order is expected to involve a minimum of approximately 6 months between the beginning of work

and the first delivery, or, if the subcontractor is a small business concern, 4 months.

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

progress payments -

(i) Are substantially similar to the terms of the clause for any subcontractor that is a large business concern, or that clause

with its Alternate I for any subcontractor that is a small business concern;

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

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

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

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

Government's right to require delivery of the property to the Government if (A) the Contractor defaults or (B) the subcontractor becomes

bankrupt or insolvent.

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

concerning payments -

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(i) Are substantially similar to the Performance-Based Payments clause at FAR 52.232-32 and meet the criteria for, and definition

of, performance-based payments in FAR Part 32;

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

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

Government's right to require delivery of the property to the Government if - (A) The Contractor defaults; or (B) The subcontractor

becomes bankrupt or insolvent.

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

order concerning payments -

(i) Are constructed in accordance with FAR 32.206(c) and included in a subcontract for a commercial item purchase that meets the

definition and standards for acquisition of commercial items in FAR Part 2 and 12;

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

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

Government's right to require delivery of the property to the Government if - (A) The Contractor defaults; or (B) The subcontractor

becomes bankrupt or insolvent.

(6) If financing is in the form of progress payments, the progress payment rate in the subcontract is the customary rate used by the

contracting agency, depending on whether the subcontractor is or is not a small business concern.

(7) Concerning any proceeds received by the Government for property to which title has vested in the Government under the subcontract

terms, the parties agree that the proceeds shall be applied to reducing any unliquidated financing payments by the Government to the

Contractor under this contract.

(8) If no unliquidated financing payments to the Contractor remain, but there are unliquidated financing payments that the

Contractor's has made to any subcontractor, the Contractor shall be subrogated to all the rights the Government obtained through the

terms required by this clause to be in any subcontract, as if all such rights had been assigned and transferred to the Contractor.

(9) To facilitate small business participation in subcontracting under this contract, the Contractor shall provide financing payments

to small business concerns, in conformity with the standards for customary contract financing payments stated in Subpart 32.113. The

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

(k) Limitations on Undefinitized Contract Actions. Notwithstanding any other progress payment provision in this contract, progress

payments may not exceed eighty percent (80%) of costs incurred on work accomplished under undefinitized contract actions. A "contract

action" is any action resulting in a contract, as defined in Subpart 2.1, including contract modifications for additional supplies or

services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract

modifications issued pursuant to the Changes clause, or funding and other administrative changes. This limitation shall apply to the

costs incurred, as computed in accordance with paragraph (a) of this clause, and shall remain in effect until the contract action is

definitized. Costs incurred which are subject to this limitation shall be segregated on contractor progress payment requests and

invoices from those costs eligible for higher progress payment rates. For purposes of progress payment liquidation, as described in

paragraph (b) of this clause, progress payments for undefinitized contract actions shall be liquidated at eighty percent (80%) of the

amount invoiced for work performed under the undefinitized contract action as long as the contract action remains undefinitized. The

amount of unliquidated progress payments for undefinitized contract actions shall not exceed eighty percent (80%) of the maximum

liability of the Government under the undefinitized contract action or such lower limit specified elsewhere in the contract. Separate

limits may be specified for separate actions.

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

proper progress payment request. In the event that the Government requires an audit or other review of a specific progress payment

request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make

payment by the specified due date. Progress payments are considered contract financing and are not subject to the interest penalty

provision of the Prompt Payment Act.

(m) Progress payments under indefinite-delivery contracts. The contractor shall account for and submit progress payment requests under

individual orders as if the order constituted a separate contract, unless otherwise specified in this contract.


I-90 252.223-7007 SAFEGUARDING SENSITIVE CONVENTIONAL ARMS, AMMUNITION, AND EXPLOSIVES SEP/1999

DFARS

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(a) Definition.

''Arms, ammunition, and explosives (AA&E),'' as used in this clause, means those items within the scope (chapter 1, paragraph B) of

DoD 5100.76-M, Physical Security of Sensitive Conventional Arms, Ammunition, and Explosives.

(b) The requirements of DoD 5100.76-M apply to the following items of AA&E being developed, produced, manufactured, or purchased

for the Government, or provided to the Contractor as Government-furnished property under this contract:

NOMENCLATURE____________ NATIONAL STOCK NUMBER_____________________ SENSITIVITY/CATEGORY____________________

RIFLE, 5.56 MILLIMETER, M16A4 1005-01-357-2872 II

RIFLE, 5.56 MILLIMETER, M16A3 1005-01-357-5112 II

CARTRIDGE, 5.56 MILLIMETER 1305-01-457-4589 IV

(c) The Contractor shall comply with the requirements of DoD 5100.76-M, as specified in the statement of work. The edition of DoD

5100-76-M in effect on the date of issuance of the solicitation for this contract shall apply.

(d) The Contractor shall allow representatives of the Defense Security Service (DSS), and representatives of other appropriate

offices of the Government, access at all reasonable times into its facilities and those of its subcontractors, for the purpose of

performing surveys, inspections, and investigations necessary to review compliance with the physical security standards applicable to

this contract.

(e) The Contractor shall notify the cognizant DSS field office of any subcontract involving AA&E within 10 days after award of the

subcontract.

(f) The Contractor shall ensure that the requirements of this clause are included in all subcontracts, at every tier--

(1) For the development, production, manufacture, or purchase of AA&E; or

(2) When AA&E will be provided to the subcontractor as Government-furnished property.

(g) Nothing in this clause shall relieve the Contractor of its responsibility for complying with applicable Federal, state, and

local laws, ordinances, codes, and regulations (including requirements for obtaining licenses and permits) in connection with the

performance of this contract.

(IA6716) (End of Clause)

I-91 252.225-7027 RESTRICTION ON CONTINGENT FEES FOR FOREIGN MILITARY SALES APR/2003

DFARS

(a) Except as provided in paragraph (b) of this clause, contingent fees, as defined in the Covenant Against Contingent Fees clause of

this contract, are generally an allowable cost, provided the fees are paid to -

(1) A bona fide employee of the Contractor; or

(2) A bona fide established commercial or selling agency maintained by the Contractor for the purpose of securing business.

(b) For foreign military sales, unless the contingent fees have been identified and payment approved in writing by the foreign customer

before contract award, the following contingent fees are unallowable under this contract:

(1) For sales to the Government(s) of Australia, Taiwan, Egypt, Greece, Israel, Japan, Jordan, Republic of Korea, Kuwait, Pakistan,

Philippines, Saudi Arabia, Turkey, Thailand,

Venezuela (Air Force), contingent fees in any amount.

(2) For sales to Governments not listed in paragraph (b)(1) of this clause, contingent fees exceeding $50,000 per foreign military

sale case.


I-92 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT SEP/2006

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(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective

subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to

the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under

any follow-on production contract.

(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or

regulation.

(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this

contract which exceed the simplified acquisition threshold.

I-93 52.203-7 ANTI-KICKBACK PROCEDURES JUL/1995

(a) Definitions.

Kickback, as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any

kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor

employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection

with a subcontract relating to a prime contract.

Person, as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or

individual.

Prime contract, as used in this clause, means a contract or contractual action entered into by the United States for the purpose of

obtaining supplies, materials, equipment, or services of any kind.

Prime Contractor as used in this clause, means a person who has entered into a prime contract with the United States.

Prime Contractor employee, as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.

Subcontract, as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for

the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

Subcontractor, as used in this clause,

(1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or

services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and

(2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.

Subcontractor employee, as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from --

(1) Providing or attempting to provide or offering to provide any kickback;

(2) Soliciting, accepting, or attempting to accept any kickback; or

(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United

States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.

(c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described

in paragraph (b) of this clause in its own operations and direct business relationships.

(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have

occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of

the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of

Justice.

(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of

this clause.

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(4) The Contracting Officer may

(i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or

(ii) direct that the Prime Contractor withhold from sums owed a subcontractor under the prime contract the amount of the

kickback. The Contracting Officer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the

Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime

Contractor shall notify the Contracting Officer when the monies are withheld.

(5) The Contractor agrees to incorporate the substance of this clause, including subparagraph (c)(5) but excepting subparagraph

(c)(1), in all subcontracts under this contract which exceed $100,000.


I-94 52.209-3 FIRST ARTICLE APPROVAL-CONTRACTOR TESTING - ALTERNATES I & II JAN/1997

(a) The Contractor shall test * unit(s) of Lot/Item * as specified in this contract. At least fifteen (15) calendar days before

the beginning of first article tests, the Contractor shall notify the Contracting Officer, in writing, of the time and location of the

testing so that the Government may witness the tests.

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

''FIRST ARTICLE TEST REPORT: Contract No. ,Lot/Item No. .'' Within thirty (30) calendar days after the Government receives the ____ ____

test report, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of

the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements

of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further

action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall repeat any or all first article tests.

After each request for additional tests, the Contractor shall make any necessary changes, modifications, or repairs to the first article

or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all

costs for additional tests following a disapproval. The Contractor shall then conduct the tests and deliver another report to the

Government under the terms and conditions and within the time specified by the Government. The Government shall take action on this

report within the time specified in paragraph (b) above. The Government reserves the right to require an equitable adjustment of the

contract price for any extension of the delivery schedule, or for any additional costs to the Government related to these tests.

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

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

(e) Unless otherwise provided in the contract, and if the approved first article is not consumed or destroyed in testing, the

Contractor may deliver the approved first article as part of the contract quantity if it meets all contract requirements for acceptance.

(f) If the Government does not act within the time specified in paragraph (b) or (c) above, the Contracting Officer shall, upon

timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates

and/or the contract price, and any other contractual term affected by the delay.

(g) Before first article approval, the Contracting Officer may, by written authorization, authorize the Contractor to acquire

specific materials or components or to commence production to the extent essential to meet the delivery schedules. Until first article

approval is granted, only costs for the first article and costs incurred under this authorization are allocable to this contract for (1)

progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government. If first article

tests reveal deviations from contract requirements, the Contractor shall, at the location designated by the Government, make the

required changes or replace all items produced under this contract at no change in the contract price.

(h) The Government may waive the requirement for first article approval test where supplies identical or similar to those called

for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The

Offeror/Contractor may request a waiver.

(i) The Contractor shall produce both the first article and the production quantity at the same facility.

* (See instructions regarding submission of First Article clause)

** (See Schedule B)

(IF7116) End of Clause)

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I-95 52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT OCT/1997

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order: (a) the Schedule

(excluding the specifications); (b) representations and other instructions; (c) contract clauses; (d) other documents, exhibits, and

attachments; and (e) the specifications.

NOTE: The Order of Precedence within the specifications (paragraph (e) above) is: (1) Detailed specifications (including gage

designs) for item(s) being procured; (2) Detailed specifications for material or operations; (3) General Specifications for class or

items, and (4) General Specifications for class of materials.


I-96 52.222-20 WALSH-HEALEY PUBLIC CONTRACTS ACT DEC/1996

(a) All stipulations required by the Act and regulations issued by the Secretary of Labor (41 CFR Chapter 50) are incorporated by

reference. These stipulations are subject to all applicable rulings and interpretations of the Secretary of Labor that are now, or may

hereafter, be in effect.

(b) All employees whose work relates to this contract shall be paid not less than the minimum wage prescribed by regulations issued

by the Secretary of Labor (41 CFR 50-202.2). Learners, student learners, apprentices, and handicapped workers may be employed at less

than the prescribed minimum wage (see 41 CFR 50-202.3) to the same extent that such employment is permitted under Section 14 of the Fair

Labor Standards Act (41 U.S.C. 40).


I-97 52.227-1 AUTHORIZATION AND CONSENT JUL/1995

(a) The Government authorizes and consents to all use and manufacture, in performing this contract or any subcontract at any tier,

of any invention described in and covered by a United States patent (1) embodied in the structure or composition of any article the

delivery of which is accepted by the Government under this contract or (2) used in machinery, tools, or methods whose use necessarily

results from compliance by the Contractor or a subcontractor with (i) specifications or written provisions forming a part of this

contract or (ii) specific written instructions given by the Contracting Officer directing the manner of performance. The entire

liability to the Government for infringement of a patent of the United States shall be determined solely by the provisions of the

indemnity clause, if any, included in this contract or any subcontract hereunder (including any lower-tier subcontract), and the

Government assumes liability for all other infringement to the extent of the authorization and consent hereinabove granted.

(b) The Contractor agrees to include, and require inclusion of, this clause, suitably modified to identify the parties, in all

subcontracts at any tier for supplies or services (including construction, architect-engineer services, and materials, supplies, models,

samples, and design or testing services expected to exceed the simplified acquisition threshold); however, omission of this clause from

any subcontract, including those at or below the simplified acquisition threshold, does not affect this authorization and consent.


I-98 52.229-XX CALIFORNIA SALES AND USE TAX (AL 92-1) MAY/1992

If this contract contains either the clause at FAR 52.245-2, Government Property (Fixed-Price Contracts), or 52.245-5, Government

Property (Cost-Reimbursement, Time-and-Material, or Labor-Hour Contracts), California sales tax on the purchase of any tangible personal

property for the performance of this contract is not an allowable cost. Such purchases can be made tax-free by giving California

vendors resale certificates, the form for which is prescribed by California tax authorities. This California sales tax exemption does

not apply to the purchase of any property to be incorporated into real property located in California.


I-99 52.245-2 GOVERNMENT PROPERTY (FIXED-PRICE CONTRACTS) MAY/2004

a. Government-furnished property. (1) The Government shall deliver to the Contractor, for use in connection with and under the ______________________________

terms of this contract, the Government-furnished property described in the Schedule or specifications together with any related data and

information that the Contractor may request and is reasonably required for the intended use of the property (hereinafter referred to as

"Government-furnished property").

(2) The delivery or performance dates for this contract are based upon the expectation that Government-furnished property suitable

for use (except for property furnished "as is" will be delivered to the Contractor at the times stated in the Schedule or, if not so

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stated, in sufficient time to enable the Contractor to meet the contract's delivery or performance dates.

(3) If Government-furnished property is received by the Contractor in a condition not suitable for the intended use, the Contractor

shall, upon receipt of it, notify the Contracting Officer, detailing the facts, and, as directed by the Contracting Officer and at

Government expense, either repair, modify, return, or otherwise dispose of the property. After completing the directed action and upon

written request of the Contractor, the Contracting Officer shall make an equitable adjustment as provided in paragraph (h) of this

clause.

(4) If Government-furnished property is not delivered to the Contractor by the required time, the Contracting Officer shall, upon

the Contractor's timely written request, make a determination of the delay, if any, caused the Contractor and shall make an equitable

adjustment in accordance with paragraph (h) of this clause.

b. Changes in Government-furnished property. (1) The Contracting Officer may, by written notice, (i) decrease the Government- _________________________________________

furnished property provided or to be provided under this contract, or (ii) substitute other Government-furnished property for the

property to be provided by the Government, or to be acquired by the Contractor for the Government, under this contract. The Contractor

shall promptly take such action as the Contracting Officer may direct regarding the removal, shipment, or disposal of the property

covered by such notice.

(2) Upon the Contractor's written request, the Contracting Officer shall make an equitable adjustment to the contract in accordance

with paragraph (h) of this clause, if the Government has agreed in the Schedule to make the property available for performing this

contract and there is any:

(i) Decrease or substitution in this property pursuant to subparagraph (b)(1) above; or

(ii) Withdrawal of authority to use this property, if provided under any other contract or lease.

c. Title in Government property. _____________________________

(1) The Government shall retain title to all Government-furnished property.

(2) All Government-furnished property and all property acquired by the Contractor, title to which vests in the Government under

this paragraph (collectively referred to as "Government property"), are subject to the provisions of this clause. Title to Government

property shall not be affected by its incorporation into or attachment to any property not owned by the Government, nor shall Government

property become a fixture or lose its identity as personal property by being attached to any real property.

(3) Title to each item of facilities and special test equipment acquired by the Contractor for the Government under this contract

shall pass to and vest in the Government when its use in performing this contract commences or when the Government has paid for it,

whichever is earlier, whether or not title previously vested in the Government.

(4) If this contract contains a provision directing the Contractor to purchase material for which the Government will reimburse the

Contractor as a direct item of cost under this contract -

(i) Title to material purchased from a vendor shall pass to and vest in the Government upon the vendor's delivery of such material;

and

(ii) Title to all other material shall pass to and vest in the Government upon -

(A) Issuance of the material for use in contract performance;

(B) Commencement of processing of the material or its use in contract performance; or

(C) Reimbursement of the cost of the material by the Government, whichever occurs first.

d. Use of Government property. The Government property shall be used only for performing this contract, unless otherwise provided ___________________________

in this contract or approved by the Contracting Officer.

e. Property administration. (1) The Contractor shall be responsible and accountable for all Government property provided under this ________________________

contract and shall comply with Federal Acquisition Regulation (FAR) Subpart 45.5, as in effect on the date of this contract.

(2) The Contractor shall establish and maintain a program for the use, maintenance, repair, protection, and preservation of

Government property in accordance with sound industrial practice and the applicable provisions of Subpart 45.5 of the FAR.

(3) If damage occurs to Government property, the risk of which has been assumed by the Government under this contract, the

Government shall replace the items or the Contractor shall make such repairs as the Government directs. However, if the Contractor

cannot effect such repairs within the time required, the Contractor shall dispose of the property as directed by the Contracting

Officer. When any property for which the Government is responsible is replaced or repaired, the Contracting Officer shall make an

equitable adjustment in accordance with paragraph (h) of this clause.

(4) The Contractor represents that the contract price does not include any amount for repairs or replacement for which the

Government is responsible. Repair or replacement of property for which the Contractor is responsible shall be accomplished by the

Contractor at its own expense.

f. Access. The Government and all its designees shall have access at all reasonable times to the premises in which any Government _______

property is located for the purpose of inspecting the Government property.

g. Risk of loss. Unless otherwise provided in this contract, the Contractor assume the risk of, and shall be responsible for, any _____________

loss or destruction of, or damage to, Government property upon its delivery to the Contractor or upon passage of title to the Government

under paragraph (c) of this clause. However, the Contractor is not responsible for reasonable wear and tear to Government property or

for Government property properly consumed in performing this contract.

h. Equitable adjustment. When this clause specifies an equitable adjustment, it shall be made to any affected contract provision in _____________________

accordance with the procedures of the Change clause. When appropriate, the Contracting Officer may initiate an equitable adjustment in

favor of the Government. The right to an equitable adjustment shall be the Contractor's exclusive remedy. The Government shall not be

liable to suit for breach of contract for -

(1) Any delay in delivery of Government-furnished property;

(2) Delivery of Government-furnished property in a condition not suitable for its intended use;

(3) A decrease in or substitution of Government-furnished property; or

(4) Failure to repair or replace Government property for which the Government is responsible.

(i) Government property disposal. Except as provided in paragraphs (i)(1)(i), (i)(2), and (i)(8)(i) of this clause, the Contractor ____________________________

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shall not dispose of Government property until authorized to do so by the Plant Clearance Officer.

(1) Scrap (to which the Government has obtained title under paragraph (c) of this clause).

(i) Contractor with an approved scrap procedure.

(A) The Contractor may dispose of scrap resulting from production or testing under this contract without Government approval.

However, if the scrap requires demilitarization or is sensitive property, the Contractor shall submit the scrap on an inventory disposal

schedule.

(B) For scrap from other than production or testing the Contractor may prepare scrap lists in lieu of inventory disposal schedules

(provided such lists are consistent with the approved scrap procedures), except that inventory disposal schedules shall be submitted for

scrap aircraft or aircraft parts and scrap that:

(1) Requires demilitarization;

(2) Is a classified item;

(3) Is generated from classified items;

(4) Contains hazardous materials or hazardous wastes;

(5) Contains precious metals; or

(6) Is dangerous to the public health, safety, or welfare.

(ii) Contractor without an approved scrap procedure. The Contractor shall submit an inventory disposal schedule for all scrap.

(2) Pre-disposal requirements. When the Contractor determines that a property item acquired or produced by the Contractor, to which

the Government has obtained title under paragraph (c) of this clause, is no longer needed for performance of this contract, the

Contractor, in the following order of priority:

(i) May purchase the property at the acquisition cost.

(ii) Shall make reasonable efforts to return unused property to the appropriate supplier at fair market value (less, if applicable,

a reasonable restocking fee that is consistent with the supplier's customary practices).

(iii) Shall list, on Standard Form 1428, Inventory Disposal Schedule, property that was not purchased under paragraph (i)(2)(i) of

this clause, could not be returned to a supplier, or could not be used in the performance of other Government contracts.

(3) Inventory disposal schedules.

(i) The Contractor shall use Standard Form 1428, Inventory Disposal Schedule, to identify:

(A) Government-furnished property that is no longer required for performance of this contract, provided the terms of another

Government contract do not require the Government to furnish that property for performance of that contract; and

(B) Property acquired or produced by the Contractor, to which the Government has obtained title under paragraph (c) of this clause,

that is no longer required for performance of that contract.

(ii) The Contractor may annotate inventory disposal schedules to identify property the Contractor wishes to purchase from the

Government.

(iii) Unless the Plant Clearance Officer has agreed otherwise, or the contract requires electronic submission of inventory disposal

schedules, the Contractor shall prepare separate inventory disposal schedules for:

(A) Special test equipment with commercial components;

(B) Special test equipment without commercial components;

(C) Printing equipment;

(D) Computers, components thereof, peripheral equipment, and related equipment;

(E) Precious Metals;

(F) Nonnuclear hazardous materials or hazardous wastes; or

(G) Nuclear materials or nuclear wastes.

(iv) Property with the same description, condition code, and reporting location may be grouped in a single line item. The

Contractor shall describe special test equipment in sufficient detail to permit an understanding of the special test equipment's

intended use.

(4) Submission requirements. The Contractor shall submit inventory disposal schedules to the Plant Clearance Officer no later than:

(i) Thirty days following the Contractor's determination that a Government property item is no longer required for performance of

the contract;

(ii) Sixty days, or such longer period as may be approved by the Plant Clearance Officer, following completion of contract

deliveries or performance; or

(iii) One hundred twenty days, or such longer period as may be approved by the Plant Clearance Officer, following contract

termination in whole or in part.

(5) Corrections. The Plant Clearance Officer may require the Contractor to correct an inventory disposal schedule or may reject a

schedule if the property identified on the schedule is not accountable under this contract or is not in the quantity or condition

indicated.

(6) Postsubmission adjustments. The Contractor shall provide the Plant Clearance Officer at least 10 working days advance written

notice of its intent to remove a property item from an approved inventory disposal schedule. Unless the Plant Clearance Officer objects

to the intended schedule adjustment within the notice period, the Contractor may make the adjustment upon expiration of the notice

period.

(7) Storage.

(i) The Contractor shall store the property identified on an inventory disposal schedule pending receipt of disposal instructions.

The Government's failure to provide disposal instructions within 120 days following acceptance of an inventory disposal schedule might

entitle the Contractor to an equitable adjustment for costs incurred to store such property on or after the 121st day.

(ii) The Contractor shall obtain the Plant Clearance Officer's approval to remove Government property from the premises at which

the property is currently located prior to receipt of final disposition instructions. If approval is granted, any costs incurred by the

Contractor to transport or store the property shall not increase the price or fee of any Government contract. The storage facility shall

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be appropriate for assuring the property's physical safety and suitability for use. Approval does not relieve the Contractor of any

liability under this contract for such property.

(8) Disposition instructions.

(i) If the Government does not provide disposition instructions to the Contractor within 45 days following acceptance of a scrap

list, the Contractor may dispose of the listed scrap in accordance with the Contractor's approved scrap procedures.

(ii) The Contractor shall prepare for shipment, deliver f.o.b. origin, or dispose of Government property as directed by the Plant

Clearance Officer. The Contractor shall remove and destroy any markings identifying the property as Government property prior to

disposing of the property.

(iii) The Contracting Officer may require the Contractor to demilitarize the property prior to shipment or disposal. Any equitable

adjustment incident to the Contracting Officer's direction to demilitarize Government property shall be made in accordance with

paragraph (h) of this clause.

(9) Disposal proceeds. The Contractor shall credit the net proceeds from the disposal of Government property to the price or cost

of work covered by this contract or to the Government as the Contracting Officer directs.

(10) Subcontractor inventory disposal schedules. The Contractor shall require a subcontractor that is using property accountable

under this contract at a subcontractor-managed site to submit inventory disposal schedules to the Contractor in sufficient time for the

Contractor to comply with the requirements of paragraph (i)(4) of this clause.

(j) Abandonment of Government property. __________________________________

(1) The Government will not abandon sensitive Government property without the Contractor's written consent.

(2) The Government, upon notice to the Contractor, may abandon any nonsensitive Government property in place at which time all

obligations of the Government regarding such abandoned property shall cease.

(3) The Government has no obligation to restore or rehabilitate the Contractor's premises under any circumstances; however, if

Government-furnished property is withdrawn or is unsuitable for the intended use, or if other Government property is substituted, then

the equitable adjustment under paragraph (h) of this clause may properly include restoration or rehabilitation costs.

k. Communications. All communications under this clause shall be in writing. _______________

l. Overseas contracts. If this contract is to be performed outside of the United States and its outlying areas, the words ___________________

"Government" and "Government-furnished" (wherever they appear in this clause) shall be construed as "United States Government" and

"United States Government-furnished," respectively.


I-100 52.245-9 USE AND CHARGES AUG/2005

(a) Definitions. As used in this clause:

Acquisition cost means the acquisition cost recorded in the Contractor's property control system or, in the absence of such record,

the value attributed by the Government to a Government property item for purposes of determining a reasonable rental charge.

Government property means all property owned by or leased to the Government or acquired by the Government under the terms of the

contract. It includes both Government-furnished property and contractor-acquired property as defined in FAR 45.101.

Real property means land and rights in land, ground improvements, utility distribution systems, and buildings and other structures.

It does not include foundations and other work necessary for installing special tooling, special test equipment, or equipment.

Rental period means the calendar period during which Government property is made available for nongovernmental purposes.

Rental time means the number of hours, to the nearest whole hour, rented property is actually used for nongovernmental purposes. It

includes time to set up the property for such purposes, perform required maintenance, and restore the property to its condition prior to

rental (less normal wear and tear).

(b) Use of Government property. The Contractor may use the Government property without charge in the performance of--

(1) Contracts with the Government that specifically authorize such use without charge;

(2) Subcontracts of any tier under Government prime contracts if the Contracting Officer having cognizance of the prime contract--

(i) Approves a subcontract specifically authorizing such use; or

(ii) Otherwise authorizes such use in writing; and

(3) Other work, if the Contracting Officer specifically authorizes in writing use without charge for such work.

(c) Rental. If granted written permission by the Contracting Officer, or if it is specifically provided for in the Schedule, the

Contractor may use the Government property (except material) for a rental fee for work other than that provided in paragraph (b) of this

clause. Authorizing such use of the Government property does not waive any rights of the Government to terminate the Contractor's right

to use the Government property. The rental fee shall be determined in

accordance with the following paragraphs.

(d) General. (1) Rental requests shall be submitted to the Administrative Contracting Officer (ACO), identify the property for which

rental is requested, propose a rental period, and compute an estimated rental charge by using the Contractor's best estimate of rental

time in the formulae described in paragraph (e) of this clause.

(2) The Contractor shall not use Government property for nongovernmental purposes, including Independent Research and Development,

until a rental charge for real property, or estimated rental charge for other property, is agreed upon. Rented property shall be used

only on a non-interference basis.

(e) Rental charge.--(1) Real property and associated fixtures. (i) The Contractor shall obtain, at its expense, a property appraisal

from an independent licensed, accredited, or certified appraiser that computes a monthly, daily, or hourly rental rate for comparable

commercial property. The appraisal may be used to compute rentals under this clause throughout its effective period or, if an effective

period is not stated in the appraisal, for one year following the date the appraisal was performed. The Contractor shall submit the

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appraisal to the ACO at least 30 days prior to the date the property is needed for nongovernmental use. Except as provided in paragraph

(e)(1)(iii) of this clause, the ACO shall use the appraisal rental rate to determine a reasonable rental charge.

(ii) Rental charges shall be determined by multiplying the rental time by the appraisal rental rate expressed as a rate per hour.

Monthly or daily appraisal rental rates shall be divided by 720 or 24, respectively, to determine an hourly rental rate.

(iii) When the ACO believes the appraisal rental rate is unreasonable, the ACO shall promptly notify the Contractor. The parties may

agree on an alternative means for computing a reasonable rental charge.

(iv) The Contractor shall obtain, at its expense, additional property appraisals in the same manner as provided in paragraph

(e)(1)(i) if the effective period has expired and the Contractor desires the continued use of property for nongovernmental use. The

Contractor may obtain additional appraisals within the effective period of the current appraisal if the market prices decrease

substantially.

(2) Other Government property. The Contractor may elect to compute the rental charge using the appraisal method described in

paragraph (e)(1) of this clause subject to the constraints therein or the following formula in which rental time shall be expressed in

increments of not less than one hour with portions of hours rounded to the next higher hour: The rental charge is calculated by

multiplying 2 percent of the acquisition cost by the hours of rental time, and dividing by 720.

(3) Alternative methodology. The Contractor may request consideration of an alternative basis for computing the rental charge if it

considers the monthly rental rate or a time-based rental unreasonable or impractical.

(f) Rental payments. (1) Rent is due 60 days following completion of the rental period or as otherwise specified in the contract.

The Contractor shall compute the rental due, and furnish records or other supporting data in sufficient detail to permit the ACO to

verify the rental time and computation. Payment shall be made by check payable to the Treasurer of the United States and sent to the

contract administration office identified in this contract, unless otherwise specified by the Contracting Officer.

(2) Interest will be charged if payment is not made by the date specified in paragraph (f)(1) of this clause. Interest will accrue

at the ``Renegotiation Board Interest Rate'' (published in the Federal Register semiannually on or about January 1\st\ and July 1\st\)

for the period in which the rent is due.

(3) The Government's acceptance of any rental payment under this clause, in whole or in part, shall not be construed as a waiver or

relinquishment of any rights it may have against the Contractor stemming from the Contractor's unauthorized use of Government property

or any other failure to perform this contract according to its terms.

(g) Use revocation. At any time during the rental period, the Government may revoke nongovernmental use authorization and require

the Contractor, at the Contractor's expense, to return the property to the Government, restore the property to its pre-rental condition

(less normal wear and tear), or both.

(h) Unauthorized use. The unauthorized use of Government property can subject a person to fines, imprisonment, or both, under 18

U.S.C. 641.


I-101 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES APR/1984

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized

deviation is indicated by the addition of ''(DEVIATION)'' after the date of the clause.

(b) The use in this solicitation or contract of any DoD FAR SUPPLEMENT (48 CFR Chapter 2) clause with an authorized deviation is

indicated by the addition of ''(DEVIATION)'' after the name of the regulation.


I-102 252.211-7005 SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS NOV/2005

DFARS

(a) Definition. ''SPI process,'' as used in this clause, means a management or manufacturing process that has been accepted __________

previously by the Department of Defense under the Single Process Initiative (SPI) for use in lieu of specific military or Federal

specification or standard at specific facilities. Under SPI, these processes are reviewed and accepted by a Management Council, which

includes representatives from the Defense Contract Management Agency, the Defense Contract Audit Agency, and the military departments.

(b) Offerors are encouraged to propose SPI processes in lieu of military or Federal specifications and standards cited in the

solicitation. A listing of SPI processes accepted at specific facilities is available via the Internet at

http://guidebook.dcma.mil/20/guidebook_process.htm (paragraph 4.2)

(c) An offeror proposing to use an SPI process in lieu of military or Federal specifications or standard cited in the solicitation

shall--

(1) Identify the specific military or Federal specification or standard for which the SPI process has been accepted,

(2) identify each facility at which the offeror proposed to use the specific SPI process in lieu of military or Federal

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specifications or standards cited in the solicitation;

(3) Identify the contract line items, subline items, components, or elements affected by the SPI process; and

(4) If the proposed SPI process has been accepted at the facility at which it is proposed for use, but is not yet listed at

the Internet site specified in paragraph (b) of this clause, submit documentation of Department of Defense acceptance of the SPI

process.

(d) Absent a determination that an SPI process is not acceptable for this procurement, the Contractor shall use the following SPI

processes in lieu of military or Federal specifications or standards:

(Offeror: insert information for each SPI process)

SPI Process:________________________________________________________________________________

Facility: __________________________________________________________________________________

Military or Federal Specification or Standard: _____________________________________________

Affected Contract Line Item Number, Subline Item Number, Component, or Element: ____________

____________________________________________________________________________________________

(e) If a prospective offeror wishes to obtain, prior to the time specified for receipt of offers, verification that an SPI process

is an acceptable replacement for military or Federal specifications or standards required by the solicitation, the prospective offeror -

(1) May submit the information required by paragraph (d) of this clause to the Contracting Officer prior to submission of an

offer;but

(2) Must submit the information to the Contracting Officer at least 10 working days prior to the date specified for receipt of

offers.


I-103 252.225-7014 PREFERENCE FOR DOMESTIC SPECIALTY METALS - ALTERNATE I (DEVIATION) JUN/2005

(a) Definitions. As used in this clause--

(1) "Electronic component" means an item that operates by controlling the flow of electrons or other electrically charged particles in

circuits, using interconnections of electrical devices such as resistors, inductors, capacitors, diodes, switches, transistors, or

integrated circuits. An item can be an "electronic component" regardless of the tier of the end product at which it is installed.

(2) "End product" means supplies delivered under a line item of this contract.

(3) "Qualifying country" means any country listed in subsection 225.872-1 of the Defense Acquisition Regulation Supplement.

(4) "Specialty metals" means any of the following:

(i) Steel--

(A) With a maximum alloy content exceeding one or more of the following limits: manganese, 1.65 percent; silicon, 0.60 percent;

or copper, 0.60 percent; or

(B) Containing more than 0.25 percent of any of the following elements: aluminum, chromium, cobalt, columbium, molybdenum,

nickel, titanium, tungsten, or vanadium.

(ii) Metal allows consisting of nickel, iron-nickel, and cobalt base alloys containing a total of other alloying metals (except

iron) in excess of 10 percent.

(iii) Titanium and titanium alloys.

(iv) Zirconium and zirconium base alloys.

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(b) Any specialty metals incorporated in articles delivered under this contract shall be melted or produced in the United States or its

outlying areas.

(c) This clause does not apply to specialty metals--

(1) Melted in a qualifying country or incorporated in an article manufactured in a qualifying country; or

(2) Incorporated in a commercially available electronic component, if the value of the specialty metal content in the electronic

component does not exceed 10 percent of the overall value of the lowest level electronic component, containing specialty metal, that is--

(i) Produced by the Contractor; or

(ii) If the Contractor does not produce the electronic component, produced by the subcontractor from which the electronic component

was acquired.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts for items containing

specialty metals.


I-104 52.247-4544 TRANSPORTATION CONTAINERIZATION JAN/1991

TACOM LCMC

(RI)

If production quantities require containerization for shipment to destination, the following will apply:

(a) Containerization of shipments will be accomplished utilizing only 20-foot long American National Standards

Institute/International Organization for Standardization (AMSI/ISO) freight containers, and/or 20-foot MILVANS which bear, in addition

to a manufacturer's data plate, a CONVENTION FOR SAFE CONTAINERS (CSC) SAFETY APPROVAL PLATE. Any repairs made to containers/MILVANS

must be accomplished in accordance with the specifications of the International Maritime Dangerous Goods (IMDG) Code.

(b) The contractor will be liable to the Government for any loss or damage resulting from improper source stuffing, utilization of

containers, or failure to comply with the containerization requirements of the contract. The contractor will also be liable for any

additional costs accrued due to use of other than 20-foot long ANSI/ISO freight containers, and/or 20-foot MILVANS.

(IS7011) (End of Clause)

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SECTION J - LIST OF ATTACHMENTS

List of Number List of Number

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

Attachment 0001 BUSHMASTER FPR PRICING SPREADSHEET 06-DEC-2007

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