AWARD/CONTRACT

2. Contract (Proc. Inst. Ident) No.
W52H09-08-D-0120

1. This Contract Is A Rated Order Under DPAS (15 CFR 700) 3. Effective Date
2007DEC21

Rating DOA5

Page

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4. Requisition/Purchase Request/Project No.
SEE SCHEDULE

5. Issued By
TACOM-ROCK ISLAND AMSTA-LC-WSC-D ROBERT EGAN (309)782-1547 ROCK ISLAND IL 61299-7630

Code

W52H09

6. Administered By (If Other Than Item 5)
DCMA MANCHESTER 2 WALL ST MANCHESTER NH 03101-1518

Code

S3319A

e-mail address:

ROBERT.R.EGAN@US.ARMY.MIL

SCD C

PAS NONE

ADP PT HQ0337

7. Name And Address Of Contractor (No. Street, City, County, State, And Zip Code)
BUSHMASTER FIREARMS 999 ROOSEVELT TRAIL WINDHAM, ME 04062-5650

8. Delivery
X Other (See Below) FOB Origin 9. Discount For Prompt Payment

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

Code 7Z500 11. Ship To/Mark For
SEE SCHEDULE

Facility Code Code

10. Submit Invoices (4 Copies Unless Otherwise Specified) To The Address Shown In: 12. Payment Will Be Made By
DFAS COLUMBUS CENTER NORTH ENTITLEMENT OPERATIONS PO BOX 182266 COLUMBUS OH 43218-2266

Item
12

Code

HQ0337

13. Authority For Using Other Than Full And Open Competition: 10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) 15A. Item No.
SEE SCHEDULE

14. Accounting And Appropriation Data 15C. Quantity 15D. Unit 15E. Unit Price 15F. Amount

15B. Schedule Of Supplies/Services
CONTRACT TYPE: Firm-Fixed-Price

KIND OF CONTRACT: Supply Contracts and Priced Orders

Contract Expiration Date: 2010DEC31

15G. Total Amount Of Contract

$0.00

(X)
X X X X X X X X

Section A B C D E F G H

Description Part I - The Schedule Solicitation/Contract Form Supplies or Services and Prices/Costs Description/Specs./Work Statement Packaging and Marking Inspection and Acceptance Deliveries or Performance Contract Administration Data Special Contract Requirements

16. Table Of Contents Page(s) (X) Section Description Page(s) Part II - Contract Clauses 1 X 30 I Contract Clauses 4 Part III - List Of Documents, Exhibits, And Other Attachments 9 X 47 J List of Attachments Part IV - Representations And Instructions 14 K Representations, Certifications, and 16 Other Statements of Offerors 20 L Instrs., Conds., and Notices to Offerors 24 25 M Evaluation Factors for Award 18. X Award (Contractor is not required to sign this document.) Your offer on W52H0907R0205 Solicitation Number including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as to the items listed above and on any continuation sheets. This award consummates the contract which consists of the following documents: (a) the Government’s solicitation and your offer, and (b) this award/contract. No further contractual document is necessary.

Contracting Officer Will Complete Item 17 Or 18 As Applicable 17. Contractor’s Negotiated Agreement (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all the services set forth or otherwise identified above and on any continuation sheets for the consideration stated herein. The rights and obligations of the parties to this contract shall be subject to and governed by the following documents: (a) this award/contract, (b) the solicitation, if any, and (c) such provisions, representations, certifications, and specifications, as are attached or incorporated by reference herein. (Attachments are listed herein.) 19A. Name And Title Of Signer (Type Or Print)

20A. Name Of Contracting Officer
NATHAN E ACREE JR NATHAN.ACREEJR@US.ARMY.MIL (309)782-1176

19B. Name of Contractor By (Signature of person authorized to sign) NSN 7540-01-152-8069 PREVIOUS EDITIONS UNUSABLE

19c. Date Signed

20B. United States Of America By
/SIGNED/

20C. Date Signed
2007DEC21

(Signature of Contracting Officer) 25-106 Standard Form 26 (Rev. 4-85) GPO : 1985 0 – 478-632 Prescribed By GSA-FAR (4.8 CFR) 53.214(a)

CONTINUATION SHEET
Name of Offeror or Contractor:

Reference No. of Document Being Continued
PIIN/SIIN W52H09-08-D-0120 MOD/AMD

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BUSHMASTER FIREARMS

SECTION A - SUPPLEMENTAL INFORMATION 1. This 3-year Indefinite Delivery Indefinite Quantity (IDIQ) Contract Roosevelt Trail, Windham ME 04062-5650 (CAGE 7Z500) for the M16 Rifle, 01-357-5112, PN 12012000. The M16A4 rifle may be procured in a number Order 0001 that obligates the guaranteed minimum order quantity will be further obligation to place any additional orders. 2. is awarded to Bushmaster Firearms, 999 NSN 1005-01-383-2872, PN 12973001 and the M16A3 Rifle, NSN 1005of configurations as outlined in the solicitation. Delivery issued concurrently. Consequently, the Government is under no

Following are the dates of the Ordering Periods (OP) covered by this award. Ordering Period (OP) 1: Ordering Period (OP) 2: Ordering Period (OP) 3: Award date 1 January 2009 1 January 2010 - 31 December 2008 - 31 December 2009 - 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 309782-3224, EMAIL: ROCK-OMBUDSMAN@CONUS.ARMY.MIL. 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.

CONTINUATION SHEET
Name of Offeror or Contractor:

Reference No. of Document Being Continued
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(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 ***

CONTINUATION SHEET
Name of Offeror or Contractor: ITEM NO

Reference No. of Document Being Continued PIIN/SIIN
W52H09-08-D-0120

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BUSHMASTER FIREARMS

SUPPLIES/SERVICES
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

QUANTITY

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 03: 1 JAN 10 THROUGH 31 DEC 10 DELIVERY SCHEDULE: FIRST ARTICLE TEST REPORT(FATR) DUE 407 DAYS AFTER ISSUANCE OF INITIAL DELIVERY ORDER. PRODUCTION QUANTITY OF 700 RIFLES DUE 646 DAYS AFTER ISSUANCE OF 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

0006

___________________ PRODUCTION QUANTITY

SECURITY CLASS: Unclassified

NOUN: M16A4 RIFLE, 5.56mm JOINT SERVICES CONFIGURATION NSN: 1005-01-383-2872 PN: 12973001 CEILING UNIT PRICES FOR EACH QUANTITY RANGE AND ORDERING

CONTINUATION SHEET
Name of Offeror or Contractor: ITEM NO

Reference No. of Document Being Continued PIIN/SIIN
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SUPPLIES/SERVICES
PERIOD ARE LOCATED AT ATTACHMENT 0001 ORDERING PERIODS: 01: AWARD THROUGH 31 DEC 08 02: 1 JAN 09 THROUGH 31 DEC 09 03: 1 JAN 10 THROUGH 31 DEC 10 DELIVERY SCHEDULE: FIRST ARTICLE TEST REPORT(FATR) DUE 407 DAYS AFTER ISSUANCE OF INITIAL DELIVERY ORDER. PRODUCTION QUANTITY OF 700 RIFLES DUE 646 DAYS AFTER ISSUANCE OF INITIAL DELIVERY ORDER WITH ANY ADDITIONAL QUANTITIES DUE AT A RATE OF 700 RIFLES PER MONTH UNTIL COMPLETION OF DELIVERY ORDER.

QUANTITY

(End of narrative B001)

_____________________ Packaging and Marking

0007

___________________ PRODUCTION QUANTITY

SECURITY CLASS: Unclassified

NOUN: M16A4 RIFLE, 5.56mm WITH HANDGUARD ASSEMBLY & CARRYING HANDLE IN LIEU OF M5 ARS AND BUIS

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 03: 1 JAN 10 THROUGH 31 DEC 10 DELIVERY SCHEDULE: FIRST ARTICLE TEST REPORT(FATR) DUE 407 DAYS AFTER ISSUANCE OF INITIAL DELIVERY ORDER. PRODUCTION QUANTITY OF 700 RIFLES DUE 646 DAYS AFTER ISSUANCE OF INITIAL DELIVERY ORDER WITH ANY

CONTINUATION SHEET
Name of Offeror or Contractor: ITEM NO

Reference No. of Document Being Continued PIIN/SIIN
W52H09-08-D-0120

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SUPPLIES/SERVICES
ADDITIONAL QUANTITIES DUE AT A RATE OF 700 RIFLES PER MONTH UNTIL COMPLETION OF DELIVERY ORDER.

QUANTITY

(End of narrative B001)

_____________________ Packaging and Marking

0008

___________________ PRODUCTION QUANTITY

SECURITY CLASS: Unclassified

NOUN: M16A3 RIFLE, 5.56mm NSN: 1005-01-357-5112 PN: 12012000 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 03: 1 JAN 10 THROUGH 31 DEC 10 DELIVERY SCHEDULE: FIRST ARTICLE TEST REPORT(FATR) DUE 407 DAYS AFTER ISSUANCE OF INITIAL DELIVERY ORDER. PRODUCTION QUANTITY OF 700 RIFLES DUE 646 DAYS AFTER ISSUANCE OF INITIAL DELIVERY ORDER WITH ANY ADDITIONAL QUANTITIES DUE AT A RATE OF 700 RIFLES PER MONTH UNTIL COMPLETION OF DELIVERY ORDER.

(End of narrative B001)

_____________________ Packaging and Marking

0009

_______________________________ ACCEPTANCE INSPECTION EQUIPMENT

$______________ ** NSP **

$__________________ ** NSP **

SECURITY CLASS: Unclassified

CONTINUATION SHEET
Name of Offeror or Contractor: ITEM NO

Reference No. of Document Being Continued PIIN/SIIN
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SUPPLIES/SERVICES

QUANTITY

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 AIE-QEW@PICA.ARMY.MIL with copies furnished to AMSTA-AR-QA-CDRL@RIA.ARMY.MIL and the Contracting Officer. (DD FORM 1423, Sequence Number A004) (End of narrative B001)

_________________________ Inspection and Acceptance INSPECTION: Destination

ACCEPTANCE: Destination

0010

______________________________________ PHOSPHATE COATING PROCEDURE SUBMISSION

$______________ ** NSP **

$__________________ ** NSP **

SECURITY CLASS: Unclassified

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 (End of narrative B001)

_________________________ Inspection and Acceptance INSPECTION: Destination

ACCEPTANCE: Destination

0011

____________________________________________ CONTRACT DATA REQTS LIST(CDRL)(DD FORM 1423)

$______________ ** NSP **

$__________________ ** NSP **

SECURITY CLASS: Unclassified

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

CONTINUATION SHEET
Name of Offeror or Contractor: ITEM NO

Reference No. of Document Being Continued PIIN/SIIN
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SUPPLIES/SERVICES
(End of narrative B001)

QUANTITY

_________________________ Inspection and Acceptance INSPECTION: Destination

ACCEPTANCE: Destination

CONTINUATION SHEET
Name of Offeror or Contractor:

Reference No. of Document Being Continued
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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT _______________ Regulatory Cite C-1 ______________________________________________________________________ Title ____________ Date

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 effect as of 01/12/2007 (except as follows): 1. 2. ADD DISTRIBUTION CODE "A" TO DRAWINGS 12011964 AND 8443775. DTL12973001: TDPL 12973001, M16A4 with revisions in

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. DELETE SPEC VV-L-800 PPP-B-601 REPLACE WITH MIL-PRF-32033 ASTM D6251 GAGE DRAWINGS' DISTRIBUTION STATEEMENT IS THE SAME AS THE DISTRIBUTION

DOCUMENT 12973001 12973001

GAGES FOR INFORMATION PURPOSES ONLY, NOT FOR ACCEPTANCE. 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. REPLACE WITH ASTM A 545, ASTM A 546, ASTM A 547, ASTM A 548, ASTM A 549. REPLACE WITH ASTM A 576, ASTM A 675.

DELETE QQ-W-405. DELETE QQ-S-631.

FOLLOWING QS DOCUMENTS SHOULD BE MARKED OBSOLETE AS QAPs HAVE BEEN ADDED TO THE 3D TDP: 8448503 8448504 8448511 8448517 8448519 8448555 8448670 8448712 9349051 9349106 (Firing Pin) (Retaining Pin) (Bolt Ring) (Charging Handle Assembly) (Carrying Handle Latch) (Spring Weld Assy Hand Guard Slip Ring) (30 round magazine assy) (Hand Guard Slip Ring) (Compensator) (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. The following drawing(s) and specifications are applicable to this procurement. Drawings and Specifications in accordance with enclosed Technical Data Package Listing effect as of 06/15/2007 (except as follows): TDPL 12012000, M16A3 with revisions in

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

CONTINUATION SHEET
Name of Offeror or Contractor:
SQ SQ SQ SQ 1. 8448503 8448504 8448507 8448511 DOCUMENT

Reference No. of Document Being Continued
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SQ 8448517 SQ 8448519 SQ 8448555

SQ 8448571 SQ 8448670 SQ 9349051

REMOVE MIL-L-8574 REMOVE

REPLACE WITH MIL-I-8574 REPLACE WITH "BLOCKING AND BRACING SHALL BE DESIGNED AT THE DISCRETION OF THE PACKAGING FACILITY PROVIDING THAT THE BUFFER ASSEMBLY IS ADEQUATELY IMMOBILIZED TO PREVENT DAMAGE TO THE COMPONENT AS WELL AS THE UNIT CONTAINER."

SPI 12012000 2. DOCUMENT

SPI 12012000

"BLOCKING AND BRACING SHALL BE EMPLOYED, AS REQUIRED IN ACCORDANCE WITH MIL-STD-1186"

3.

DOCUMENT

REMOVE PPP-B-1660

REPLACE WITH MIL-B-43666

SPI 12012000

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 O ALL AIE DESIGNS SPECIFIED FOR CRITICAL CHARACTERISTICS/DEFECTS 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

CONTINUATION SHEET
Name of Offeror or Contractor:

Reference No. of Document Being Continued
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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. ****************************************************** 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 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. ******************************************************* 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 revisions in effect as of 07/09/2007 (except as follows): TDPL DOCUMENT 12012054 9349059-PL ADD REV C -DELETE -----XXX TDPL 9345059, HANDGUARD ASSEMBLY with TDPL 12951011, CARRYING HANDLE ASSEMBLY

SUBSTITUTE -----------

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

CONTINUATION SHEET
Name of Offeror or Contractor:
THE WOODLANDS, TX 281-719-6000 77380

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(CS6100)

(End of Clause)

C-2

52.210-4501 TACOM LCMC (RI)

HEAVY PHOSPHATE COATING REQUIREMENT

DEC/2005

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: AMSTALC-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." weight is "per lot, at least every 8 hours." The frequency for testing coating

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. (CS6510) (End of Clause)

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52.210-4511 TACOM LCMC (RI)

STATEMENT OF WORK - OZONE DEPLETING CHEMICALS

NOV/2005

(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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(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. (CS6191) (End of Clause)

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52.247-4504 TACOM LCMC (RI)

TRANSPORTATION SECURITY REQUIREMENTS FOR CONTRACTOR-TO-CONTRACTOR SHIPMENTS

MAY/2003

(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)

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52.248-4502 TACOM LCMC (RI)

CONFIGURATION MANAGEMENT DOCUMENTATION

JUL/2001

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. (CS7110) (End of Clause)

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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 *** _______________ Regulatory Cite D-1 ______________________________________________________________________ Title ____________ Date

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: -2SPI NUMBER-3B. 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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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 (End of Clause)

(DS6419)

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SECTION E - INSPECTION AND ACCEPTANCE 1. THE GOVERNMENT WILL NOT FURNISH SLINGS OR MAGAZINES INCLUDING TEST SUPPORT MAGAZINES. SUPPLYING ALL SLINGS AND ALL MAGAZINES. THE CONTRACTOR WILL BE RESPONSIBLE FOR

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 *** _______________ Regulatory Cite 52.246-2 52.246-16 52.246-11 ______________________________________________________________________ Title INSPECTION OF SUPPLIES - FIXED-PRICE RESPONSIBILITY FOR SUPPLIES HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT ____________ Date AUG/1996 APR/1984 FEB/1999 The Contractor shall be fully compliant prior to award

E-1 E-2 E-3

The Contractor shall comply with the higher-level quality standard below. of this contract. Title Quality Management Systems Requirements (EF6002) Number ISO 9001:2000 (End of Clause) Date 13 Dec 2000

Tailoring Untailored

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52.209-4512 TACOM LCMC (RI)

FIRST ARTICLE TEST (CONTRACTOR TESTING)

JUL/2007

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 612997630. 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)

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52.245-4538 TACOM LCMC (RI)

GOVERNMENT FURNISHED AMMUNITION

AUG/2005

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: Robert.R.Egan@conus.army.mil, or datafax CML 309-782-7899, with copies furnished to: TACOMMCA@tacom.army.mil and karen.pavlicko@us.army.mil. 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. (ES6045) (End of Clause)

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52.246-4528 TACOM LCMC (RI)

REWORK AND REPAIR OF NONCONFORMING MATERIAL

MAY/1994

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. (ES7012) (End of Clause)

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52.246-4531 TACOM LCMC (RI)

ACCEPTANCE INSPECTION EQUIPMENT (AIE)

MAR/2001

(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) use. (ES7002)

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

(End of Clause)

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52.246-4532 TACOM LCMC RI

DESTRUCTIVE TESTING

MAY/1994

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. (ES7011) (End of Clause)

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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 *** _______________ Regulatory Cite 52.242-15 52.242-17 52.247-29 52.247-30 52.247-59 252.211-7003 DFARS ______________________________________________________________________ Title STOP-WORK ORDER GOVERNMENT DELAY OF WORK F.O.B. ORIGIN F.O.B. ORIGIN, CONTRACTOR'S FACILITY F.O.B. ORIGIN--CARLOAD AND TRUCKLOAD SHIPMENTS ITEM IDENTIFICATION AND VALUATION ____________ Date AUG/1989 APR/1984 FEB/2006 FEB/2006 APR/1984 JUN/2005

F-1 F-2 F-3 F-4 F-5 F-6

(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 machinereadable 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. ___________________N/A________________________ ______________________________________________ ______________________________________________

Item description: ______________________________________________________ ______________________________________________________ ______________________________________________________

(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 TACOM LCMC RI

COGNIZANT TRANSPORTATION OFFICER

MAY/1993

(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 _______________ Regulatory Cite G-1 52.232-4500 TACOM LCMC (RI) ______________________________________________________________________ Title CONTRACT PAYMENT INSTRUCTIONS ____________ Date AUG/1997

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 TACOM LCMC (RI)

CAO SHIPPING INSTRUCTIONS FOR OVERSEAS MOVEMENTS

MAR/1988

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) (2) (3) (4) (5) (6) (7) Country and case designator; Nomenclature, NSN, and DODIC; Material release order (MRO) number; Lot/serial number and quantity to be shipped; Date of manufacture and date of U.S. Government acceptance; Functional deviations or waivers from local records; 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 _______________ Regulatory Cite 252.247-7023 DFARS 252.247-7024 DFARS 52.232-4508 TACOM LCMC (RI) ______________________________________________________________________ Title TRANSPORTATION OF SUPPLIES BY SEA NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA ____________ Date MAY/2002 MAR/2000

H-1 H-2

H-3

PROGRESS PAYMENT LIMITATION

MAR/1988

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 TACOM LCMC (RI)

DISPOSITION OF DRAWINGS AND SPECIFICATIONS

JUL/2007

(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 (HS7501) (End of Clause)

H-5

52.227-4576 TACOM LCMC (RI)

M16 LICENSE AGREEMENT REQUIREMENT

MAR/1995

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. (HS7502) (End of Clause)

H-6

52.245-4500 TACOM LCMC (RI)

DEMILITARIZATION AND TRADE SECURITY CONTROL REQUIREMENTS AND PROCEDURES

OCT/2006

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

Any

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 A Commercial B C D E F G P Q Dual Use/ Commercial Demil Req'd No Demil Req'd X X TSC Required X X X X X X X X EUC EUC EUC EUC EUC EUC EUC EUC DLA DLA DLA DLA DLA DLA DLA DLA Form Form Form Form Form Form Form Form 1822 1822 1822 1822 1822 1822 1822 1822

Non-MLI/or Non-CCLI MLI-Non-SME MLI/SME MLI/SME MLI/Non-SME MLI/SME MLISME MLI/SME EAR/CCLI

X X X X X X X

(HS7144)

(End of clause)

H-7

52.247-4545 TACOM LCMC (RI)

PLACE OF CONTRACT SHIPPING POINT, RAIL INFORMATION

MAY/1993

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: _________________________ (HS7600) (End of Clause)

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SECTION I - CONTRACT CLAUSES _______________ Regulatory Cite 52.202-1 52.203-3 52.203-5 52.203-8 52.203-10 52.203-12 52.204-4 52.204-7 52.209-6 52.211-5 52.211-15 52.215-2 52.215-14 52.219-7 52.219-8 52.219-9 52.219-14 52.219-16 52.222-1 52.222-19 52.222-21 52.222-26 52.222-35 52.222-36 52.222-37 52.222-39 52.223-6 52.223-14 52.225-13 52.227-2 52.229-3 52.232-1 52.232-8 52.232-11 52.232-17 52.232-23 52.232-25 52.232-33 52.233-1 52.233-3 52.233-4 52.242-13 52.243-1 52.244-6 52.246-1 52.246-23 52.247-1 52.247-63 52.248-1 52.249-2 52.249-8 52.253-1 252.203-7001 DFARS 252.203-7002 DFARS

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I-1 I-2 I-3 I-4 I-5 I-6 I-7 I-8 I-9 I-10 I-11 I-12 I-13 I-14 I-15 I-16 I-17 I-18 I-19 I-20 I-21 I-22 I-23 I-24 I-25 I-26 I-27 I-28 I-29 I-30 I-31 I-32 I-33 I-34 I-35 I-36 I-37 I-38 I-39 I-40 I-41 I-42 I-43 I-44 I-45 I-46 I-47 I-48 I-49 I-50 I-51 I-52 I-53 I-54

______________________________________________________________________ Title DEFINITIONS GRATUITIES COVENANT AGAINST CONTINGENT FEES CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER CENTRAL CONTRACTOR REGISTRATION PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT MATERIAL REQUIREMENTS DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS AUDIT AND RECORDS - NEGOTIATION INTEGRITY OF UNIT PRICES NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE UTILIZATION OF SMALL BUSINESS CONCERNS SMALL BUSINESS SUBCONTRACTING PLAN LIMITATIONS ON SUBCONTRACTING LIQUIDATED DAMAGES--SUBCONTRACTING PLAN NOTICE TO THE GOVERNMENT OF LABOR DISPUTES CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES PROHIBITION OF SEGREGATED FACILITIES EQUAL OPPORTUNITY EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES DRUG-FREE WORKPLACE TOXIC CHEMICAL RELEASE REPORTING RESTRICTIONS ON CERTAIN FOREIGN PURCHASES NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT FEDERAL, STATE, AND LOCAL TAXES PAYMENTS DISCOUNTS FOR PROMPT PAYMENT EXTRAS INTEREST ASSIGNMENT OF CLAIMS - ALTERNATE I PROMPT PAYMENT PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR REGISTRATION DISPUTES PROTEST AFTER AWARD APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM BANKRUPTCY CHANGES - FIXED PRICE SUBCONTRACTS FOR COMMERCIAL ITEMS CONTRACTOR INSPECTION REQUIREMENTS LIMITATION OF LIABILITY COMMERCIAL BILL OF LADING NOTATIONS PREFERENCE FOR U.S. - FLAG AIR CARRIERS VALUE ENGINEERING TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) COMPUTER GENERATED FORMS PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACTRELATED FELONIES DISPLAY OF DOD HOTLINE POSTER

____________ Date JUL/2004 APR/1984 APR/1984 JAN/1997 JAN/1997 SEP/2005 AUG/2000 JUL/2006 SEP/2006 AUG/2000 SEP/1990 JUN/1999 OCT/1997 JUN/2003 OCT/2000 SEP/2007 DEC/1996 JAN/1999 FEB/1997 JAN/2006 FEB/1999 MAR/2007 SEP/2006 JUN/1998 SEP/2006 DEC/2004 MAY/2001 AUG/2003 FEB/2006 AUG/1996 APR/2003 APR/1984 FEB/2002 APR/1984 JUN/1996 APR/1984 OCT/2003 OCT/2003 JUL/2002 AUG/1996 OCT/2004 JUL/1995 AUG/1987 MAR/2007 APR/1984 FEB/1997 APR/1984 JUN/2003 FEB/2000 MAY/2004 APR/1984 JAN/1991 DEC/2004 DEC/1991

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_______________ Regulatory Cite 252.204-7000 DFARS 252.204-7003 DFARS 252.204-7004 DFARS 252.204-7006 DFARS 252.205-7000 DFARS 252.209-7004 DFARS 252.219-7003 252.223-7002 252.223-7003 252.223-7004 DFARS 252.225-7001 DFARS 252.225-7002 DFARS 252.225-7006 252.225-7012 DFARS 252.225-7013 DFARS 252.225-7028 DFARS 252.226-7001 DFARS 252.227-7025 DFARS 252.231-7000 DFARS 252.232-7002 DFARS 252.232-7003 DFARS 252.232-7004 DFARS 252.232-7010 DFARS 252.242-7003 252.242-7004 DFARS 252.243-7001 DFARS 252.243-7002 DFARS 252.244-7000 DFARS 252.245-7001 DFARS 252.246-7000 DFARS 52.216-18

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I-55 I-56 I-57 I-58 I-59 I-60 I-61 I-62 I-63 I-64 I-65 I-66 I-67 I-68 I-69 I-70 I-71 I-72 I-73 I-74 I-75 I-76 I-77 I-78 I-79 I-80 I-81 I-82 I-83 I-84

______________________________________________________________________ Title DISCLOSURE OF INFORMATION CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT CENTRAL CONTRACTOR REGISTRATION - ALTERNATE A BILLING INSTRUCTIONS PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A TERRORIST COUNTRY SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES CHANGE IN PLACE OF PERFORMANCE--AMMUNITION AND EXPLOSIVES DRUG-FREE WORK FORCE BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS QUARTERLY REPORTING OF ACTUAL CONTRACT PERFORMANCE OUTSIDE THE UNITED STATES PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES DUTY-FREE ENTRY EXCLUSIONARY POLICIES AND PRACTICES OF FOREIGN GOVERNMENTS UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (OCT 2003) LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT FURNISHED INFORMATION MARKED WITH RESTRICTIVE LEGENDS SUPPLEMENTAL COST PRINCIPLES PROGRESS PAYMENTS FOR FOREIGN MILITARY SALES ACQUISITIONS ELECTRONIC SUBMISSION OF PAYMENT REQUESTS DOD PROGRESS PAYMENT RATES LEVIES ON CONTRACT PAYMENTS APPLICATION FOR U.S. GOVERNMENT SHIPPING DOCUMENTATION/INSTRUCTIONS MATERIAL MANAGEMENT AND ACCOUNTING SYSTEM PRICING OF CONTRACT MODIFICATIONS REQUESTS FOR EQUITABLE ADJUSTMENT SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DOD CONTRACTS) REPORTS OF GOVERNMENT PROPERTY MATERIAL INSPECTION AND RECEIVING REPORT

____________ Date DEC/1991 APR/1992 NOV/2003 OCT/2005 DEC/1991 DEC/2006 APR/2007 MAY/1994 DEC/1991 SEP/1988 JUN/2005 APR/2003 MAY/2007 JAN/2007 OCT/2006 APR/2003 SEP/2004 JUN/1995 DEC/1991 DEC/1991 MAR/2007 OCT/2001 DEC/2006 DEC/1991 NOV/2005 DEC/1991 MAR/1998 JAN/2007 MAY/1994 MAR/2003

I-85

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. issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (IF6155) (End of Clause) Orders may be

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

Any order for a single item in excess of 40,000 (Forty thousand); 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. (IF6029) (End of Clause)

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. (IF6036) (End of Clause)

I-88

52.223-9

ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPADESIGNATED PRODUCTS

AUG/2000

(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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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) (IF6075) Submit this estimate to AMSTA-LC-WSC, ATTN: Mr. Nathan Acree Jr., Rock Island Arsenal, Rock Island, IL (End of Clause) 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) (ii) (3) In accordance with the terms and conditions of a subcontract of invoice; and Ordinarily within 30 days of the submission of the Contractor's next payment request to the Government.

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) (A) (B) Payments made or amounts payable to subcontractors or suppliers, except for-Completed work, including partial deliveries, to which the Contractor has acquired title; and 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) (4) (5) Inventory allocated to this contract substantially exceeds reasonable requirements. The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of business. 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. administration of this clause. The Contractor shall maintain an accounting system and controls adequate for the proper

(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) rights right, clause The Government's rights and remedies under this clause (i) shall not be exclusive but rather shall be in addition to any other and remedies provided by law or this contract and (ii) shall not be affected by delayed, partial, or omitted exercise of any remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this 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) (i) (ii) The amounts included are limited to The unliquidated reminder of financing payments made; plus 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) (iii) (iv) Are at least as favorable to the Government as the terms of this clause; Are not more favorable to the subcontractor or division than the terms of this clause are to the Contractor; 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. (IF6191) (End of Clause)

I-90

252.223-7007 DFARS

SAFEGUARDING SENSITIVE CONVENTIONAL ARMS, AMMUNITION, AND EXPLOSIVES

SEP/1999

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(a) Definition.

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''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 RIFLE, 5.56 MILLIMETER, M16A4 RIFLE, 5.56 MILLIMETER, M16A3 CARTRIDGE, 5.56 MILLIMETER

_____________________ NATIONAL STOCK NUMBER 1005-01-357-2872 1005-01-357-5112 1305-01-457-4589

____________________ SENSITIVITY/CATEGORY II II IV The edition of DoD

(c) The Contractor shall comply with the requirements of DoD 5100.76-M, as specified in the statement of work. 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) (1) (2) The Contractor shall ensure that the requirements of this clause are included in all subcontracts, at every tier-For the development, production, manufacture, or purchase of AA&E; or 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 DFARS

RESTRICTION ON CONTINGENT FEES FOR FOREIGN MILITARY SALES

APR/2003

(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) (2) A bona fide employee of the Contractor; or 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. (IA6710) (End of Clause)

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 (a) Definitions.

52.203-7

ANTI-KICKBACK PROCEDURES

JUL/1995

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. (IF7211) (End of Clause)

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) End of Clause)

(IF7116)

CONTINUATION SHEET
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BUSHMASTER FIREARMS 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. (IF7003) (End of Clause)

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). (IF7114) (End of Clause)

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. (IF7220) (End of Clause)

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. (IF7002) (End of Clause)

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. (IF7117) (End of Clause)

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. (IF7121) (End of Clause)

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. (IF7016) (End of Clause)

I-102

252.211-7005 DFARS

SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS

NOV/2005

(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) offer;but (2) offers. (IA7009)

May submit the information required by paragraph (d) of this clause to the Contracting Officer prior to submission of an

Must submit the information to the Contracting Officer at least 10 working days prior to the date specified for receipt of

(End of Clause)

I-103 (a) Definitions.

252.225-7014

PREFERENCE FOR DOMESTIC SPECIALTY METALS - ALTERNATE I (DEVIATION)

JUN/2005

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: or copper, 0.60 percent; or (B) Containing more than 0.25 percent of any of the following elements: nickel, titanium, tungsten, or vanadium. manganese, 1.65 percent; silicon, 0.60 percent;

aluminum, chromium, cobalt, columbium, molybdenum,

(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. (IA7740) (End of Clause)

I-104

52.247-4544 TACOM LCMC (RI)

TRANSPORTATION CONTAINERIZATION

JAN/1991

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)

CONTINUATION SHEET
Name of Offeror or Contractor:
SECTION J - LIST OF ATTACHMENTS

Reference No. of Document Being Continued
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List of ________________ Addenda Attachment 0001

____________________________________________________________ Title BUSHMASTER FPR PRICING SPREADSHEET

_______________ Date 06-DEC-2007

Number ____________ Transmitted By of Pages _______________

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