Attached files
file | filename |
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8-K - AMERICAN DEFENSE SYSTEMS INC | v171380_8k.htm |
1.
Contract ID Code:
Firm-Fixed-Price
2.
Amendment/Modification No.
P00042
3.
Effective Date
2009DEC28
4.
Requisition/Purchase Req. No.
SEE
SCHEDULE
5.
Project No.
6.
Issued By:
|
Code:
W56HZV
|
U.S. ARMY
CONTRACTING COMMAND AMSCC-TAC-ADEC
JUSTIN A.
MASON (586)282-7564
WARREN,
MICHIGAN 48397-5000
HTTP:
//CONTRACTING.
TACOM.ARMY.MIL
EMAIL:
JUSTIN.A.MASON@US.ARMY.MIL
7.
Administered By:
|
Code:
S3309A
|
DCMA LONG
ISLAND
605
STEWART AVENUE
GARDEN
CITY, NY 11530-4761
SCD:
A PAS: 2005SEP23 ADP
PT: HQ0337
8. Name
and Address of Contractor
AMERICAN
DEFENSE SYSTEMS, INC.
230 DUFFY
AVENUE, UNIT A
HICKSVILLE,
NY 11801-3641
TYPE OF
BUSINESS: Other Small Business Performing in U.S.
9A.
Amendment Of Solicitation No.
9B. Dated
(See Item 11)
10A.
Modification Of Contract/Order No.
W56HZV-05-D-0382
10B.
Dated (See Item 13)
2005OCT07
11. THIS
ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
12.
Accounting And Appropriation Data
NO CHANGE
TO OBLIGATION DATA
13. THIS
ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS
KIND MOD
CODE:W
C. This
Supplemental Agreement Is Entered Into Pursuant to Authority Of:
MUTUAL
AGREEMENT OF PARTIES
E.
IMPORTANT: CONTACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO
THE ISSUING OFFICE.
14.
Description of Amendment/Modification
SEE
SECOND PAGE FOR DESCRIPTION
Contract
Expiration Date: 2010OCT07
15A. Name
And Title of Signer
15B.
Contractor/Offeror
15C. Date
Signed
16A. Name
And Title Of Contracting Officer
KATHLEEN
A. LAMBERT
KATHLEEN.LAMBERT@US.ARMY.MIL
(586)282-6802
16B.
United States of America
By
/signed/
16C. Date
Signed 2009DEC28
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P00042
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Page 2 of
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Name of Offeror or
Contractor AMERICAN DEFENSE SYSTEMS,
INC.
|
SECTION A
- SUPPLEMENTAL INFORMATION
DEPARTMENT
OF THE ARMY
UNITED
STATES ARMY CONTRACTING COMMAND
TACOM
CONTRACTING CENTER
6501 EAST
11 MILE ROAD
WARREN,
MICHIGAN 48397-5000
REPLY TO
THE ATTENTION OF:
AMSCC-TAC-ADEC
Mr. Gary
Evans
VP for
Contract Administration
American
Defense Systems, Inc
292
Garrisonville Road, Suite 201
Stafford,
Virginia 22554
Dear Mr.
Evans:
This
letter constitutes an Undefinitized Contract Action (UCA) and signifies the
intent of the U.S. Army TACOM Contracting Center to execute a definitive
Firm-Fixed-Price Letter Contract Modification with your company for delivery of
supplies as set forth in the UCA, upon the terms and conditions states therein,
which are incorporated into and made part of this UCA.
You are
directed to proceed immediately and to commence performance of work, and to
pursue such work with all diligence to the end that supplies may be delivered or
the services performed within the time specified in the Letter Contract
Modification, or if no time is specified, at the earliest practicable date.
Additionally, you shall obtain such approvals in respect of commitments
hereunder as may be specified in the contract.
In
accordance with the clause entitled Contract Definitization you shall submit a
proposal to the Government for the items and services covered by this letter.
Your proposal shall be supported by cost breakdown reflecting the factors
outlined in the suggested format attached, and such other information as may be
specified herein. A certificate of current cost and pricing data shall be
submitted upon agreement of contract price.
Please
indicate your acceptance of the foregoing by signing this letter and returning
it with all supporting documentation to TACOM, AMSCC-TAC-ADEC, ATTN: Kathleen A.
Lambert.
This
Letter Contract Modification is entered into pursuant to 10.U.S.C. 2304 (2) and
the required justification and approval has been executed.
Kathleen
A. Lambert
Contracting
Officer
EXECUTED
AS OF THE DATE SHOWN BELOW:
for
American Defense Systems, INC
Name:
_____________________________
Title:
______________________________
Signature:
__________________________
Date:
______________________________
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Name of Offeror or
Contractor AMERICAN DEFENSE SYSTEMS,
INC.
|
The
purpose of modification P00042 to contract W56HZV-05-D-0382 is to:
1.
Incorporate the Undefinitized Contract Action (UCA)letter on page 2 into this
contract.
2. Add
the Scope of Work (SOW) for the D7G Dozer and Hydraulic Excavator (HYEX) Crew
Protection Kits (CPK’s) in section C under paragraphs C.1 through
C.3.
3.
Establish the following CLINs:
a. CLIN
0085HA - D7G Dozer CPK & PLL
b. CLIN
0085HC - D7G & HYEX OCONUS crating
c. CLIN
0095HA - HYEX CPK & PLL
4. The
CLINS’s will be valued at $3,226,703.46 , which equals 49 percent of ADSI’s
not-to-exceed the price of $6,585,109.10 for this effort. The price will be
negotiated and definitized within 180 days of this contract modification and
includes the following:
a. CLIN
0085HA - D7G Dozer CPK & PLL
b. CLIN
0085HC - D7G & HYEX OCONUS crating
c. CLIN
0095HA - HYEX CPK & PLL
5. Add
the following Clauses:
52.216-23
- Execution and Commencement of work (APR 1984)
52.216-24
- Limitation of Government Liability (APR 1984)
252.217-7027
- Contract Definitization (OCT 1998)
52.246-4025
- Higher- Level Contract Quality Requirement - TACOM Quality System Requirement
(May 2005)
52.246-4040
- Drawings for inspection (TACOM AUG 2007)
252.211-7006
- Radio Frequency Identification (FEB 2007)
252.211-7003
- Item Identification and Valuation (AUG 2008)
6. Update
the following clause:
2.211-4016
- CARC Paint-Pretreatment Requirements for Ferrous, Galvanized and Aluminum
Surfaces (DEC 05)
7.
Modification P00042 is a bilateral agreement.
8. Except
as provided by modification P00042, all other terms and conditions remain
unchanged and in full force and effect.
***END OF
NARRATIVE A00042***
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Name of Offeror or
Contractor AMERICAN DEFENSE SYSTEMS,
INC.
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ITEM
NO
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SUPPLIES/SERVICES
|
QUANTITY
|
UNIT
|
UNIT PRICE
|
AMOUNT
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|||||||||
SECTION
B - SUPPLIES OR SERVICES AND PRICES/COSTS
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||||||||||||||
0085
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SECURITY
CLASS: Unclassified
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|||||||||||||
0085HA
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D7G
DOZER CPK & PLL
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LO
|
$ | 6,585,109.10 | ||||||||||
NOUN:
DOZER CPK & PLL
|
||||||||||||||
The
quantity for the D7G Dozer CPK & PLL is 72 EA.
|
||||||||||||||
The
limitation for government liability for CLIN 0085HA is $3,226,703.46,
which represents 49% of proposed ceiling price of
$6,585,109.10.
|
||||||||||||||
(End
of narrative B001)
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||||||||||||||
0085HC
|
D7G
& HYEX OCONUS
CRATING
|
72
|
LO
|
$ |
**NSP**
|
$
|
**NSP**
|
|||||||
Per
Section C, Scope of Work, C.1.1
|
||||||||||||||
0095HA
|
HYEX
CPK
|
12
|
EA
|
$ |
**NSP**
|
$ |
**NSP**
|
|||||||
Per
Section C, Scope of Work, C.1.1
|
||||||||||||||
(End
of Narrative B002)
|
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Name of Offeror or
Contractor AMERICAN DEFENSE SYSTEMS,
INC.
|
SECTION C
- DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
C.1
General:
C.1.1 The
purpose of this effort is to have the Contractor build and deliver Add on Armor
(AoA) Crew Protection Kits (CPK) for the D7G Dozer and HYEX . The contractor
shall also build and deliver kits of spare parts defined below as Prescribed
Load List kits, and Authorized Stockage List kits.
C.1.2
References: The following standards are incorporated into this contract to the
extent that they are referenced:
MIL-STD-209K
FED-STD-595C
These are
available at: http://assist.daps.dla.mil/quicksearch/
C.2
Hardware Requirements:
C.2.1 The
Contractor shall produce the D7G Dozer Add on Armor (AoA) Crew Protection Kits
(CPK), AoA Kit NSN: 2540-01-538-9976, Cage: 31UG4, Part Number: CPKD7G and HYEX
Add on Armor (AoA) Crew Protection Kits (CPK), AoA Kit NSN: 2540-01-542-1260,
Cage: 19207, Part Number: DTA184000.
Each kit
shall include:
C.2.1.1 A
list of kit contents.
C.2.1.2 A
set of installation instructions will be provide with each kit.
C.2.2 The
Contractor shall produce Authorized Stockage List sets of parts in accordance
with Attachment 0001.
C.2.3 The
Contractor shall produce Prescribed Load List sets of parts in accordance with
Attachment 0002. One PLL kit shall be overpacked with each CPK kit.
C.2.4 All
components shall be painted Tan 686, color number 33446 in accordance with
FED-STD-595C, except that fasteners (e.g. bolts, screws, washers and nuts) need
not be painted.
C.2.5 The
Contractor shall mark each side of each shipping container with an Add on Armor
placard that will be supplied by the government.
C.3
MANAGEMENT
The
Contractor shall promptly report to the Government Procuring Contracting Officer
and Administrative Contracting Officer any problems that may result in the
Contractor failing to meet the contractual delivery schedule.
**END OF
NARRATIVE C0003***
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Name of Offeror or
Contractor AMERICAN DEFENSE SYSTEMS,
INC.
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SECTION E
- INSPECTION AND ACCEPTANCE
Status
|
Regulatory Cite
|
Title
|
Date
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|||
E-1
CHANGED
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52.246-4025
|
HIGHER-LEVEL
CONTRACT QUALITY
|
MAY/2005
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|||
(TACOM)
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REQUIREMENT—TACOM
QUALITY
|
|||||
SYSTEM
REQUIREMENT
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(a)
As the contractor, you shall implement and maintain a quality system that
ensures the functional and physical conformity of all products or services you
furnish under this contract. Your quality system shall achieve (i) defect
prevention and (ii) process control, providing adequate quality controls
throughout all areas of contract performance.
(b)
Your quality system under this contract shall be in accordance with the quality
system indicated by an X below:
o ISO
9001:2000 (tailored: delete paragraph 7.3) or comparable quality
system
x ISO 9001:2000
(untailored) or comparable quality system
o IS0
9001:2000 (tailored or comparable quality system
If you
intend to use a system comparable to ISO 9001:2000, please identify your quality
system below. You may use an in-house quality system, or one based on a
commercial, military, national, or international system.
_________n/a_____________________________________________
In
addition to identifying your proposed system in the space above, you must attach
a description of this system to your offer in response to the solicitation, so
that we can assess its suitability. If you receive a contract award, your
proposed system will be required by the contract.)
(c) Certification
of compliance or registration of the quality system you identify above, by an
independent standards organization or auditor does not need to be furnished to
us under this contract. However, you may attach a copy of such certification
with your offer in response to the solicitation, as proof of system
compliance.
(d) At
any point during contract performance, we have the right to review your quality
system to assess its effectiveness in meeting contractual
requirements.
[End of
Clause]
Status
|
Regulatory Cite |
Title
|
Date
|
|||
E-2
ADDED
|
52.211-4016 |
CARC
PAINT-PRETREATMENT REQUIREMENTS
|
DEC/2005
|
|||
FOR
FERROUS, GALVANIZED AND
|
||||||
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(TACOM)
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ALUMINUM
SURFACES
|
(a)
Ferrous and galvanized surfaces shall be cleaned and pretreated with a Type 1,
zinc phosphate system per TT-C-490. Alternate pretreatment systems for ferrous
substances must meet the performance tests specified in paragraphs 3.5.7, 3.5.8,
4.2.7, and 4.2.8 of TT- C-490.
Corrosion
resistance tests on steel substrates will be conducted on a monthly basis using
two test coupons. This test frequency shall begin once the process has been
found to be in statistical control.
Unless
otherwise specified, MIL-P-53022 and -53030 primers on steel substrates shall be
salt spray tested for 336 hours (ASTM B117) . All electrocoat primers on steel
substrates shall be tested for 1000 hours. Test coupons shall be scraped at a 30
degree contact angle (approximate), with a one inch (approximate) metal blade
such as a putty knife, between 24 and 168 hours after removal from the neutral
salt spray cabinet for coupon evaluation. All TT-C-490E (Type I) zinc phosphate
pretreatment systems must be documented and approved by the procuring activity
prior to use. The procedure containing all the elements specified in paragraph
3.2 of TT-C-490 shall be available for review at the applicator’s
facility.
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Name of Offeror or
Contractor AMERICAN DEFENSE SYSTEMS,
INC.
|
The prime
contractor shall notify the procuring activity no less than 45 days prior to
start of pretreatment and painting that the procedure is available for review
and approval. Qualification will consist of verification that the process with
its controls can meet the performance requirements in the
specification.
Re-qualification
of the process shall be required if the process is changed outside the limits
defined in the TACOM letter of system approval provided to the application
facility.
Note:
Zinc phosphate systems for galvanized surfaces require different controls than
those for steel. Hot dipped galvanized surfaces are highly prone to chloride
contamination from the galvanizing flux process. This contaminant must be
removed prior to pretreatment for the coating system to pass these performance
tests. The test coupons must duplicate the production painting process as
closely as possible. If production is force cured, test coupons shall be cured
in an identical manner.
(b) Qualification
and control of pretreatment systems for galvanized substrates shall be performed
using Accelerated Corrosion Test protocol contained in GM 9540P rather than salt
spray. Test coupons with pretreatment and primer only shall be cured for seven
days, and then scribed through the primer to the substrate. After 40 cycles of
test exposure, the test coupons shall be scraped at a 30 degree contact angle
(approximate), with a one inch (approximate) metal blade such as a putty knife,
both parallel and perpendicular to the scribe after removal from the test
chamber for coupon evaluation. There shall be no more than 3 mm of corrosion,
blistering, or loss of paint adhesion from the scribe line and no more than 5
blisters in the field with none greater than 1 mm diameter. This test shall be
performed at three month intervals (two test coupons) to ensure that the process
remains in control.
(c) Aluminum
substrates require a chromate conversion coating per MIL-C-5541E (or alternate,
see note below). If any other alternate pretreatment is considered, it must pass
120 cycles of GM9540P with a design of experiments test matrix approved by the
procuring activity. After completion of the cyclic salt environment exposure,
the panels shall be scraped as described above, and shall have no more than 0.5
mm paint loss (creep-back) from the scribe. In addition, there shall be no more
than 5 blisters in the field with none larger than 1mm diameter. After
completion of the 120 cycle corrosion resistance test evaluation, each test
panel will be subjected to cross hatch tape test (ASTM D3359, method b 6 cut
pattern. minimum tape adhesion rating of 45 oz. per inch of width) and shall be
done no closer than 12 mm from any panel edge or the scribe. The removal of two
or more complete squares of primer shall constitute failure. Any alternate
system must demonstrate its ability to pass both corrosion and adhesion tests on
5 consecutive days of production to be considered acceptable.
For
information purposes:
Note: The
only alternative products which have demonstrated their ability to meet these
requirements for 5000 and 6000 series aluminum alloys are Alodine 5200 and
Alodine 5700. Documented process controls shall be established which comply with
the manufacturer’s technical bulletin. Spray-to-waste systems will require fewer
process controls than an immersion process.
(d) The
use of TT-C-490E Type III: Vinyl Wash Primer (DOD-P-15328) has hexavalent
chromium content and high VOC level. Bonderite 7400 is an approved,
environmentally friendly alternative for wash primer. The application and
control process shall be documented. This product is subject to the same salt
spray requirements as a zinc phosphated product. The number of process controls
for this product is dependent upon its method of application. The specific
controls shall be in agreement with the product manufacturer’s technical
bulletin to provide the level of performance required for zinc phosphated
substrates. Spray-to-waste applications will require fewer process controls than
an immersion process.
(e) Acceptance
of production painted parts is contingent upon the painted surface meeting the
dry film thickness and cross hatch adhesion requirements. The CARC painted
surface shall be free of any blisters, pores or coverage voids.
(End of
Clause)
Status
|
Regulatory Cite |
Title
|
Date
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|||
E-3
ADDED
|
52.246-4048
|
DRAWINGS
FOR INSPECTION
|
AUG/2007
|
|||
(TACOM)
|
|
When
requested, the Contractor shall make available to the Government Inspector, the
drawings and specifications to which the product was manufactured. Upon
completion of product inspection and acceptance by the Government Inspector, all
drawings and specifications will be returned to the Contractor.
(End of
Clause)
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Name of Offeror or
Contractor AMERICAN DEFENSE SYSTEMS,
INC.
|
SECTION F
- DELIVERIES OR PERFORMANCE
Status
|
Regulatory Cite
|
Title
|
Date
|
||||
F-1
ADDED
|
252.211-7006
|
RADIO
FREQUENCY IDENTIFICATION
|
FEB/2007
|
||||
F-2
CHANGED
|
252.211-7003
|
ITEM
IDENTIFICATION AND VALUATION
|
AUG/2008
|
(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/pdi/uid/iuid_equivalents.html.
“DoD
unique item identification” means a system of marking items delivered to DoD
with unique item identifiers that have machine- readable data elements to
distinguish an item from all other like and unlike items. For items that are
serialized within the enterprise identifier, the unique item identifier shall
include the data elements of the enterprise identifier and a unique serial
number. For items that are serialized within the part, lot, or batch number
within the enterprise identifier, the unique item identifier shall include the
data elements of the enterprise identifier; the original part, lot, or batch
number; and the serial number.
“Enterprise”
means the entity (e.g., a manufacturer or vendor) responsible for assigning
unique item identifiers to items.
“Enterprise
identifier” means a code that is uniquely assigned to an enterprise by an
issuing agency.
“Governments
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 Contractors
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 Contractors 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 & Bradstreets Data Universal
Numbering System (DUNS) Number, GS1 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.
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Name of Offeror or
Contractor AMERICAN DEFENSE SYSTEMS,
INC.
|
“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.
“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. The term includes a concatenated unique item identifier
or a DoD recognized unique identification equivalent.
“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/pdi/uid/uii_types.html.
(b) The
Contractor shall deliver all items under a contract line, subline, or exhibit
line item.
(c) Unique
item identifier.
(1)
The Contractor shall provide a unique item identifier for the
following:
(i) All
delivered items for which the Governments unit acquisition cost is $5,000 or
more.
(ii) The
following items for which the Governments unit acquisition cost is less than
$5,000:
Contract
Line,
Subline,
or
Exhibit
Line
|
Item
Number
|
Item
Description
|
||
__n/a
|
n/a
|
n/a
|
||
__n/a
|
n/a
|
n/a
|
||
__n/a
|
n/a
|
n/a
|
(iii) Subassemblies,
components, and parts embedded within delivered items as specified in Attachment
Number 0001.
(2) The
unique item identifier and the component data elements of the DoD unique item
identification shall not change over the life of the item.
(3) Data
syntax and semantics of unique item identifiers. The Contractor shall ensure
that
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Name of Offeror or
Contractor AMERICAN DEFENSE SYSTEMS,
INC.
|
(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) Application
Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434),
in accordance with ISO/IEC International Standard 15418, Information Technology
EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and
ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.
(B) Data
Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434),
in accordance with ISO/IEC International Standard 15418, Information Technology
EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and
ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.
(C) Text
Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International
Standard 15434), in accordance with the Air Transport Association Common Support
Data Dictionary; and
(ii) The
encoded data elements of the unique item identifier conform to the transfer
structure, syntax, and coding of messages and data formats specified for Format
Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information
Technology Transfer Syntax for High Capacity Automatic Data Capture
Media.
(4) Unique
item identifier.
(i) The
Contractor shall
(A)
Determine whether to
(1) Serialize
within the enterprise identifier;
(2) Serialize
within the part, lot, or batch number; or
(3) Use
a DoD recognized unique identification equivalent; and
(B) Place
the data elements of the unique item identifier (enterprise identifier; serial
number; DoD recognized unique identification equivalent; 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) (1) (i)
or (ii) 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)
Unique item identifier.
(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 (if there is serialization within the original part
number).
(6) Lot
or batch number (if there is serialization within the lot or batch
number).
(7)
Current part number (optional and only if not the same as the original part
number).
CONTINUATION
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Name of Offeror or
Contractor AMERICAN DEFENSE SYSTEMS,
INC.
|
(8)
Current part number effective date (optional and only if current part number is
used).
(9)
Serial number (if concatenated unique item identifier is used).
(10)
Governments unit acquisition cost.
(11) Unit
of measure.
(e) For
embedded subassemblies, components, and parts that require DoD unique item
identification under paragraph (c) (1) (iii) of this clause, the Contractor
shall report as part of, or associated with, the Material Inspection and
Receiving Report specified elsewhere in this contract, the following
information:
(1) Unique
item identifier of the parent item under paragraph (c) (1) of this clause that
contains the embedded subassembly, component, or part.
(2) Unique
item identifier of the embedded subassembly, component, 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 (if there is serialization within the original part
number).**
(7) Lot
or batch number (if there is serialization within the lot or batch
number).**
(8) Current
part number (optional and only if not the same as the original part
number).**
(9) Current
part number effective date
(optional and only if current part number is used).**
(10) Serial
number (if
concatenated unique item identifier is used).**
(11) Description.
** Once
per item.
(f) The
Contractor shall submit the information required by paragraphs (d) and (e) of
this clause in accordance with the datea submission procedures at
http:
//www.acq.osd.mil/dpap/pdi/uid/data_submission_information.html
(g)
Subcontracts. If the Contractor acquires by subcontract, any item)s) for which
unique item identification is required in accordance with paragraph ( c) (1) of
this clause, the Contractor shall include this clause, including this paragraph
(g) in the applicable subcontract(s).
(End of
clause)
F.1
ATTENTION GOVERNMENT TRANSPORTATION PERSONNEL: Process shipments under this
contract in accordance with DCMA Information Memorandum No. 05-077 available at
http://guidebook.dcma.mil/61/dc05-077.htm.
***END OF
NARRATIVE F0003***
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Name of Offeror or
Contractor AMERICAN DEFENSE SYSTEMS,
INC.
|
SECTION I
- CONTRACT CLAUSES
Status
|
Regulatory Cite |
Title
|
Date
|
||||
I-1
CHANGED
|
52.216-23 |
EXECUTION
AND COMMENCEMENT OF WORK
|
APR/1984
|
The
Contractor shall indicate acceptance of this letter contract by signing three
copies of the contract and returning them to the Contracting Officer not later
than 5 JAN 2009 Upon acceptance by both parties, the Contractor shall proceed
with performance of the work, including purchase of necessary
materials.
(End of
Clause)
I-2
CHANGED
|
52.216-24 |
LIMITATION
OF GOVERNMENT LIABILITY
|
APR/1984
|
(a) In
performing this contract, the Contractor is not authorized to make expenditures
or incur obligations exceeding $3,226,703.46 dollars.
(b) The
maximum amount for which the Government shall be liable if this contract is
terminated is $3,226,703.46 dollars.
(End of
Clause)
I-3
CHANGED
|
252.217-7027 |
CONTRACT
DEFINITIZATION
|
OCT/1998
|
(a) A
letter contract modification is contemplated. The Contractor agrees to begin
promptly negotiating with the Contracting Officer the terms of a definitive
contract that will include (1) all clauses required by the Federal Acquisition
Regulation (FAR) on the date of execution of the undefinitized contract action,
(2) all clauses required by law on the date of execution of the definitive
contract action, and (3) any other mutually agreeable clauses, terms, and
conditions. The Contractor agrees to submit a Firm Fixed Price proposal and cost
or pricing data supporting its proposal.
(b) The
schedule for definitizing this contract action is as follows:
Beginning
of Alpha Effort
|
9
DEC 2009
|
|
Submission
of Proposal
|
16
DEC 2009
|
|
Target
date of Definitization
|
5
APR 2010
|
(c) If
agreement on a definitive contract action to supersede this undefinitized
contract action is not reached by the target date in paragraph (b) of this
clause, or within any extension of it granted by the Contracting Officer, the
Contracting Officer may, with the approval of the head of the contracting
activity, determine a reasonable price or fee in accordance with Subpart 15.4
and Part 31 of the FAR, subject to Contractor appeal as provided in the Disputes
clause. In any event, the Contractor shall proceed with completion of the
contract, subject only to the Limitation of Government Liability
clause.
(1) After
the Contracting Officers determination of price or fee, the contract shall be
governed by
(i) All
clauses required by the FAR on the date of execution of this undefinitized
contract action for either fixed-price or cost- reimbursement contracts, as
determined by the Contracting Officer under this paragraph (c);
(ii) All
clauses required by law as of the date of the Contracting Officers
determination; and
(iii) Any
other clauses, terms, and conditions mutually agreed upon.
(2) To
the extent consistent with paragraph (c) (1) of this clause, all clauses, terms,
and conditions included in this undefinitized contract action shall continue in
effect, except those that by their nature apply only to an undefinitized
contract action.
(d) The
definitive contract resulting from this undefinitized contract action will
include a negotiated firm fixed price in no event to exceed
$6,585,109.10.
(End of
clause)