Contract
Exhibit 10.1
[***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED BY FORCE PROTECTION, INC. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
AWARD/CONTRACT |
1. THIS CONTRACT IS A RATED ORDER |
RATING DX-A4 |
PAGE OF PAGES 1 14 | |||||||||||||||||||||||||
2. CONTRACT (Proc. Inst. Indent.) NO. M67854-11-C-5063 |
3. EFFECTIVE DATE 31 Mar 2011 |
4. REQUISITION/PURCHASE REQUEST/PROJECT NO. M67854-11-RC-F0153 | ||||||||||||||||||||||||||
5. ISSUED BY |
CODE |
M67854 |
6. ADMINISTERED BY (if other than Item 5) |
CODE |
S1103A | |||||||||||||||||||||||
MARINE CORPS SYSTEMS COMMAND — MRAP FMS ATTN: XXXXXX XXXXXX 0000 XXXXXX XXXXXX XXXXXXXX XX 00000 |
DCMA ATLANTA ATTN: ACO XXXXX XXXXX 0000 XXXX XXXX XX XXXXX 000 XXXXXX XX 00000-0000 SCD: A
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7. NAME AND ADDRESS OF CONTRACTOR FORCE PROTECTION INDUSTRIES, (INC) XXXX XXXX 0000 XXX 00 XXX 0 XXXXXX XX 00000-3802 |
(Xx., xxxxxx, xxxxxx, state and zip code) |
8. DELIVERY x FOB ORIGIN o OTHER (See below) 9. DISCOUNT FOR PROMPT PAYMENT Net 30 Days
10. SUBMIT INVOICES ITEM (4 copies unless otherwise specified) TO THE ADDRESS SHOWN IN
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CODE 1EFH8 |
FACILITY CODE | |||||||||||||||||||||||||||
11. SHIP TO/MARK FOR |
CODE |
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12. PAYMENT WILL BE MADE BY |
CODE |
HQ0338 | |||||||||||||||||||||||
FORCE PROTECTION INDUSTRIES, INC. XXXXX XXXXXXXX, XX. 0000 XXXXXXX 00 XXXXXX XX 00000 |
DFAS — COLUMBUS CENTER DFAS — CO/SOUTH ENTITLEMENT OPERATIONS ( PO BOX 182264 COLUMBUS OH 43218-2264
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13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION o 10 U.S.C. 2304(c)( ) o 41 U.S.C. 253(c)( ) |
14. ACCOUNTING AND APPROPRIATION DATA See Schedule | |||||||||||||||||||||||||||
15A. ITEM NO. |
15B. SUPPLIES/SERVICES |
15C. QUANTITY |
15D.UNIT |
15E. UNIT PRICE |
15F. AMOUNT | |||||||||||||||||||||||
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SEE SCHEDULE |
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15G. TOTAL AMOUNT OF CONTRACT $46,596,600.00 | ||||||||||||||||||||||||||||
16. TABLE OF CONTENTS | ||||||||||||||||||||||||||||
(X) |
SEC |
DESCRIPTION |
PAGE(S) |
(X) |
SEC |
DESCRIPTION |
PAGE(S) | |||||||||||||||||||||
PART I - THE SCHEDULE |
PART II - CONTRACT CLAUSES | |||||||||||||||||||||||||||
X |
A |
SOLICITATION/CONTRACT FORM |
1 |
X |
I |
CONTRACT CLAUSES |
9-14 | |||||||||||||||||||||
X |
B |
SUPPLIES OR SERVICES AND PRICES/COSTS |
2 |
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS | ||||||||||||||||||||||||
X |
C |
DESCRIPTION/SPECS/WORK STATEMENT |
3-5 |
X |
J |
LIST OF ATTACHMENTS |
15 | |||||||||||||||||||||
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D |
PACKAGING AND MARKING |
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PART IV - REPRESENTATIONS AND INSTRUCTIONS | ||||||||||||||||||||||||
X |
E |
INSPECTION AND ACCEPTANCE |
6 |
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K |
REPRESENTATIONS, CERTIFICATIONS AND |
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X |
F |
DELIVERIES OR PERFORMANCE |
7 |
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OTHER STATEMENTS OF OFFERORS |
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X |
G |
CONTRACT ADMINISTRATION DATA |
8 |
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L |
INSTRS., CONDS., AND NOTICES TO OFFERORS |
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H |
SPECIAL CONTRACT REQUIREMENTS |
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M |
EVALUATION FACTORS FOR AWARD |
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CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE | ||||||||||||||||||||||||||||
17. x CONTRACTOR’S NEGOTIATED AGREEMENT Contractor is required to sign this document and return 1 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.) |
18. o AWARD (Contractor is not required to sign this document) Your offer on 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. | |||||||||||||||||||||||||||
19A. NAME AND TITLE OF SIGNER (Type or print) Xxxxxx Xxxxxxxxxx Director of Contracts |
20A. NAME OF CONTRACTING OFFICER Xxxxx Xxxxxx TEL: (000) 000-0000 EMAIL: Xxxxx.Xxxxxx@xxxx.xxx | |||||||||||||||||||||||||||
19B. NAME OF CONTRACTOR
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19C. DATE SIGNED
4/1/2011 |
20B. UNITED STATES OF AMERICA
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20C. DATE SIGNED
4/1/2011 | |||||||||||||||||||||||||
BY |
/s/ Xxxxxx Xxxxxxxxxx |
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BY |
/s/ Xxxxx Xxxxxx |
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(Signature of person authorized to sign) |
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(Signature of Contracting Officer) |
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AUTHORIZED FOR LOCAL REPRODUCTION |
STANDARD FORM 26 (REV.4/2008) |
Previous edition is usable |
Prescribed by GSA |
|
FAR (48 CFR) 53.214(a) |
[***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED BY FORCE PROTECTION, INC. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
Section B - Supplies or Services and Prices
ITEM NO |
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SUPPLIES/SERVICES |
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QUANTITY |
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UNIT |
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UNIT PRICE |
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AMOUNT |
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0001 |
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[***] |
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Each |
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$[***] |
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$ |
46,596,600.00 |
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Buffalo AZ Vehicle FFP U.S. Army Program of Record Configuration Buffalo A2 Vehicles in support of the G4 program. | ||
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| |
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FMS CASE: G4-P-LPF PDLI: IZ0000 RSN: 001 MILSTRIP: PG4A74/1077/6001/0LPF PURCHASE REQUEST NUMBER: M67854-11-RC-F0153 FOB: Origin MILSTRIP: PG4A74/1077/6001/0LPF PURCHASE REQUEST NUMBER: M67854-11-RC-F0153 |
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NET AMT |
$ |
46,596,600.00 |
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$ |
46,596,600.00 |
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ACRN AA CIN: M6785411RCF01530001 |
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ITEM NO |
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SUPPLIES/SERVICES |
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QUANTITY |
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UNIT |
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UNIT PRICE |
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AMOUNT |
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0002 |
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1 |
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Lot |
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NSP |
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Final Inspection Report (FIR) FFP Final Inspection Report (FIR) FOB: Destination MILSTRIP: PG4A74/1077/6001/0LPF PURCHASE REQUEST NUMBER: M67854-11-RC-F0153 |
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NET AMT |
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[***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED BY FORCE PROTECTION, INC. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
Section C - Descriptions and Specifications
STATEMENT OF WORK (SOW)
STATEMENT OF WORK FOR FMS Case G4-P-LPF
1.0 PROGRAM DESCRIPTION
Buffalo A2 Mine Protected Clearance Vehicle (MPCV) is a blast protected vehicle that will operate in explosive hazardous environments to conduct route clearance operations. The system will have an articulating arm with a digging/lifting attachment and camera to remotely interrogate a suspected explosive hazard and allow the crew to confirm, deny, and/or classify the explosive hazard. The articulating arm and attachment can be used to move explosive hazards to the side of routes. It will provide a blast protected platform to transport soldiers and to allow soldiers to dismount in order to neutralize and/or mark explosive hazards.
2.0 INTRODUCTION
This Statement of Work (SOW) defines the effort required for the procurement and delivery of the Mine Resistant Ambush Protected (MRAP) Buffalo A2 Army Program of Record for FMS Case G4-P-LPF. The USG has identified an urgent need to procure a broad, adaptable, and flexible mobile land-based route proving and clearance (RP&C) capability, which will enhance Tactics, Techniques and Procedures (TT&P) for detecting, recognizing, and defeating Emplaced Explosive Ordnance (EEO).
2.2 VEHICLE REQUIREMENTS
Attachment Y, US Army Buffalo A2 Program of Record Purchase Description ATPD-2373 dated 01 April 2010 performance requirements for forty (40) each. Buffalo A2 vehicles. In addition, the contractor shall ensure that the FMS Case G4-P-LPF Buffalo A2 vehicles meet all specifications applicable at the time of award.
2.3 PERFORMANCE SPECIFICATION
The contractor’s proposal shall, together with the performance specification, form the contract requirements for the G4 Buffalo A2 vehicles. The contractor’s proposal shall meet or exceed all requirements in the Performance Specifications with the specific exception of Cooling system paragraph 3.4.2.a “...Maintain the specified component operating temperatures within the specified limits while operating continuously at full load and 0.6 tractive effort to gross vehicle weight ratio (TE/GVW) while under the maximum temperatures conditions specified herein.” and paragraph 4.9.4 “The cooling system shall be tested for maintaining the specified component operating temperatures within the specified limits while operating continuously at full load and 0.6 tractive effort...” The US Army has accepted performance at 0.5 tractive effort. G4 will also accept 0.5 tractive effort.
In addition, Tires and Wheels paragraph 3.11.4 states in part “...A spare tire and wheel assembly identical to those provided on the axles shall be furnished, and provided with the vehicle.”
In this case, the tires shall be provided as spares and not part of the vehicle shipment. The following specification paragraphs are also modified as follows:
· 3.1 First Article (p. 6)-Delete
· Testing conducted by TACOM
· 3.12.11 Communication equipment mounting provisions (p. 16)-Delete (a,b,c)
· 3.1211:1 Government Furnished Equipment Storage and Assembly (p. 16)-Delete (a,b,c)
· 3.16 Government-loaned property -Table (p. 20) Delete GFE notes except for VIC-03
· 3.1 First Article Table (p.28) - Delete
· Testing conducted by TACOM
· 4.6 Performance (p. 31-35) - Delete
· Testing conducted by TACOM
· 4.9.4 Cooling System (p. 37) - .5 Tractive effort
[***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED BY FORCE PROTECTION, INC. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
· 4.9.86 Reliability, Availability, and Maintainability (RAM) (p.43) - Delete
· Testing conducted by TACOM
· 6.3 First article (p. 46) - Xxxxxx
· Testing conducted by TACOM
5.0 REQUIREMENTS
The Contractor shall accomplish delivery of forty (40) units (platforms) set forth under the contract. A corresponding delivery schedule is provided within the contract. The Contractor shall ensure that stated performance capabilities of these vehicles are certified and the level warranted. (CDRL A005)
NOTE: The standard requirements for the Buffalo A2 vehicle build are located in the performance specifications. If there is a conflict between the Statement of Work and the performance specification, then the SOW takes precedence.
[***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED BY FORCE PROTECTION, INC. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
XXXX |
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INSPECT AT |
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INSPECT BY |
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ACCEPT AT |
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ACCEPT BY |
0001 |
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Origin |
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Government |
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Origin |
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Government |
0002 |
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Origin |
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Government |
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Origin |
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Government |
[***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED BY FORCE PROTECTION, INC. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN |
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DELIVERY DATE |
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QUANTITY |
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SHIP TO ADDRESS |
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UIC |
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0001 |
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29-APR-2011 |
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[***] |
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FORCE PROTECTION INDUSTRIES, INC. |
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XXXXX XXXXXXXX, XX. |
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0000 XXXXXXX 00 |
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LADSON SC 29456 |
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000-000-0000 |
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FOB: Origin |
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0001 |
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31-MAY-2011 |
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[***] |
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(SAME AS PREVIOUS LOCATION) |
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FOB: Origin |
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0001 |
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30-JUN-2011 |
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[***] |
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(SAME AS PREVIOUS LOCATION) |
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FOB: Origin |
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0001 |
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29-JUL-2011 |
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[***] |
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(SAME AS PREVIOUS LOCATION) |
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FOB: Origin |
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0001 |
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31-AUG-2011 |
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[***] |
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(SAME AS PREVIOUS LOCATION) |
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FOB: Origin |
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0001 |
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30-SEP-2011 |
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[***] |
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(SAME AS PREVIOUS LOCATION) |
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FOB: Origin |
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0002 |
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15-APR-2011 |
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[***] |
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(SAME AS PREVIOUS LOCATION) |
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FOB: Destination |
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DELIVERY SCHEDULE
Apr |
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May |
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Jun |
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Jul |
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Aug |
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Sep |
5 |
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7 |
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7 |
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7 |
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7 |
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7 |
The required delivery date shall be as stated above or sooner. All Line Items shall be shipped complete and received complete by consignee by 30 September 2011. The contractor shall provide the contract specialist advance notification of any anticipated delays. Accelerated deliveries are accepted and encouraged.
[***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED BY FORCE PROTECTION, INC. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
Section G - Contract Administration Data
ACCOUNTING AND APPROPRIATION DATA
AA: 97-11X8242 28D7 000 74D72 0 065916 2D PG4A74 1077 6001 0LPF
AMOUNT: $46,596,600.00
CIN M6785411RCF01530001: $46,596,600.00
[***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED BY FORCE PROTECTION, INC. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.202-1 |
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Definitions |
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JUL 2004 |
52.203-3 |
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Gratuities |
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APR 1984 |
52.203-5 |
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Covenant Against Contingent Fees |
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APR 1984 |
52.203-6 |
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Restrictions On Subcontractor Sales To The Government |
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SEP 2006 |
52.203-7 |
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Anti-Kickback Procedures |
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OCT 2010 |
52.203-10 |
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Price Or Fee Adjustment For Illegal Or Improper Activity |
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JAN 1997 |
52.203-12 |
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Limitation On Payments To Influence Certain Federal Transactions |
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OCT 2010 |
52.204-2 |
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Security Requirements |
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AUG 1996 |
52.204-4 |
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Printed or Copied Double-Sided on Recycled Paper |
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AUG 2000 |
52.209-6 |
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Protecting the Government’s Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
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DEC 2010 |
52.211-5 |
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Material Requirements |
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AUG 2000 |
52.219-9 |
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Small Business Subcontracting Plan |
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JAN 2011 |
52.219-9 Alt II |
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Small Business Subcontracting Plan (JAN 2011) Alternate II |
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OCT 2010 |
52.222-1 |
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Notice To The Government Of Labor Disputes |
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FEB 1997 |
52.222-3 |
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Convict Labor |
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JUN 2003 |
52.222-19 |
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Child Labor — Cooperation with Authorities and Remedies |
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JUL 2010 |
52.222-20 |
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Xxxxx-Xxxxxx Public Contracts Act |
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OCT 2010 |
52.222-21 |
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Prohibition Of Segregated Facilities |
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FEB 1999 |
52.222-26 |
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Equal Opportunity |
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MAR 2007 |
52.222-29 |
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Notification Of Visa Denial |
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JUN 2003 |
52.222-35 |
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Equal Opportunity for Veterans |
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SEP 2010 |
52.222-36 |
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Affirmative Action For Workers With Disabilities |
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OCT 2010 |
52.222-37 |
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Employment Reports on Veterans |
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SEP 2010 |
52.222-50 |
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Combating Trafficking in Persons |
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FEB 2009 |
52.223-3 |
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Hazardous Material Identification And Material Safety Data |
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JAN 1997 |
52.223-10 |
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Waste Reduction Program |
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AUG 2000 |
52.223-13 |
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Certification of Toxic Chemical Release Reporting |
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AUG 2003 |
52.223-14 |
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Toxic Chemical Release Reporting |
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AUG 2003 |
52.224-1 |
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Privacy Act Notification |
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APR 1984 |
52.225-13 |
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Restrictions on Certain Foreign Purchases |
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JUN 2008 |
52.225-14 |
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Inconsistency Between English Version And Translation Of Contract |
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FEB 2000 |
52.227-1 |
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Authorization and Consent |
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DEC 2007 |
52.227-2 |
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Notice And Assistance Regarding Patent And Copyright Infringement |
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DEC 2007 |
52.227-3 |
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Patent Indemnity |
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APR 1984 |
52.228-3 |
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Worker’s Compensation Insurance (Defense Base Act) |
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APR 1984 |
52.228-4 |
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Workers’ Compensation and War-Hazard Insurance Overseas |
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APR 1984 |
52.229-3 |
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Federal, State And Local Taxes |
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APR 2003 |
52.229-4 |
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Federal, State, And Local Taxes (State and Local Adjustments) |
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APR 2003 |
[***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED BY FORCE PROTECTION, INC. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
52.229-6 |
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Taxes—Foreign Fixed-Price Contracts |
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JUN 2003 |
52.232-1 |
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Payments |
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APR 1984 |
52.232-8 |
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Discounts For Prompt Payment |
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FEB 2002 |
52.232-11 |
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Extras |
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APR 1984 |
52.232-17 |
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Interest |
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OCT 2010 |
52.232-23 |
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Assignment Of Claims |
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JAN 1986 |
52.232-25 |
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Prompt Payment |
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OCT 2008 |
52.232-32 |
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Performance-Based Payments |
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AUG 2010 |
52.233-1 |
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Disputes |
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JUL 2002 |
52.233-1 Alt 1 |
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Disputes (Jul 2002) - Alternate I |
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DEC 1991 |
52.233-2 |
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Service Of Protest |
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SEP 2006 |
52.233-2 |
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Service Of Protest |
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SEP 2006 |
52.233-3 |
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Protest After Award |
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AUG 1996 |
52.233-4 |
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Applicable Law for Breach of Contract Claim |
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OCT 2004 |
52.242-1 |
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Notice of Intent to Disallow Costs |
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APR 1984 |
52.242-13 |
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Bankruptcy |
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JUL 1995 |
52.242-15 |
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Stop-Work Order |
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AUG 1989 |
52.243-1 |
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Changes—Fixed Price |
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AUG 1987 |
52.245-1 |
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Government Property |
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AUG 2010 |
52.246-23 |
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Limitation Of Liability |
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FEB 1997 |
52.246-24 |
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Limitation Of Liability—High-Value Items |
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FEB 1997 |
52.246-24 Alt I |
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Limitation Of Liability—High Value items (Feb 1997) - Alternate I |
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APR 1984 |
52.247-63 |
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Preference For U.S. Flag Air Carriers |
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JUN 2003 |
52.249-2 |
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Termination For Convenience Of The Government (Fixed- Price) |
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MAY 2004 |
52.249-8 |
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Default (Fixed-Price Supply & Service) |
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APR 1984 |
52.253-1 |
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Computer Generated Forms |
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JAN 1991 |
252.203-7002 |
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Requirement to Inform Employees of Whistleblower Rights |
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JAN 2009 |
252.204-7000 |
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Disclosure Of Information |
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DEC 1991 |
252.204-7002 |
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Payment For Subline Items Not Separately Priced |
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DEC 1991 |
252.204-7003 |
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Control Of Government Personnel Work Product |
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APR 1992 |
252.204-7004 Alt A |
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Central Contractor Registration (52.204-7) Alternate A |
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SEP 2007 |
252.209-7004 |
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Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country |
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DEC 2006 |
252.211-7003 |
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Item Identification and Valuation |
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SEP 2010 |
252.219-7003 |
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Small Business Subcontracting Plan (DOD Contracts) |
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OCT 2010 |
252.223-7004 |
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Drug Free Work Force |
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SEP 1988 |
252.225-7001 |
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Buy American Act And Balance Of Payments Program |
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JAN 2009 |
252.225-7001 Alt I |
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252.225-7001 Buy American Act and Balance of Payments Program (JAN 2009) Alternate I |
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DEC 2010 |
252.225-7002 |
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Qualifying Country Sources As Subcontractors |
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APR 2003 |
252.225-7004 |
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Report of Intended Performance Outside the United States and Canada—Submission after Award |
|
OCT 2010 |
252.225-7012 |
|
Preference For Certain Domestic Commodities |
|
JUN 2010 |
252.225-7013 |
|
Duty-Free Entry |
|
DEC 2009 |
252.225-7016 |
|
Restriction On Acquisition Of Ball and Roller Bearings |
|
DEC 2010 |
[***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED BY FORCE PROTECTION, INC. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
252.225-7028 |
|
Exclusionary Policies And Practices Of Foreign Government |
|
APR 2003 |
252.225-7041 |
|
Correspondence in English |
|
JUN 1997 |
252.225-7042 |
|
Authorization to Perform |
|
APR 2003 |
252.227-7013 |
|
Rights in Technical Data—Noncommercial Items |
|
NOV 1995 |
252.227-7015 |
|
Technical Data—Commercial Items |
|
NOV 1995 |
252.227-7027 |
|
Deferred Ordering Of Technical Data Or Computer Software |
|
APR 1988 |
252.227-7030 |
|
Technical Data—Withholding Of Payment |
|
MAR 2000 |
252.227-7037 |
|
Validation of Restrictive Markings on Technical Data |
|
SEP 1999 |
252.229-7006 |
|
Value Added Tax Exclusion (United Kingdom) |
|
JUN 1997 |
252.229-7008 |
|
Relief From Import Duty (United Kingdom) |
|
JUN 1997 |
252.232-7008 |
|
Assignment of Claims (Overseas) |
|
JUN 1997 |
252.232-7010 |
|
Levies on Contract Payments |
|
DEC 2006 |
252.233-7001 |
|
Choice of Law (Overseas) |
|
JUN 1997 |
252.243-7001 |
|
Pricing Of Contract Modifications |
|
DEC 1991 |
252.243-7002 |
|
Requests for Equitable Adjustment |
|
MAR 1998 |
252.247-7024 |
|
Notification Of Transportation Of Supplies By Sea |
|
MAR 2000 |
CLAUSES INCORPORATED BY FULL TEXT
52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)
(a) If the Government receives information that a contractor or a person has engaged in conduct constituting a violation of subsection (a), (b), (c), or (d) of Section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423) (the Act), as amended by section 4304 of the 1996 National Defense Authorization Act for Fiscal Year 1996 (Pub. L. 104-106), the Government may—
(1) Cancel the solicitation, if the contract has not yet been awarded or issued; or
(2) Rescind the contract with respect to which—
(i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct constitutes a violation of subsection 27(a) or (b) of the Act for the purpose of either—
(A) Exchanging the information covered by such subsections for anything of value; or
(B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or
(ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the Contractor or someone acting for the Contractor has engaged in conduct constituting an offense punishable under subsections 27(e)(1) of the Act.
(b) If the Government rescinds the contract under paragraph (a) of this clause, the Government is entitled to recover, in addition to any penalty prescribed by law, the amount expended under the contract.
(c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights
[***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED BY FORCE PROTECTION, INC. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
and remedies provided by law, regulation, or under this contract.
(End of clause)
52.211-11 LIQUIDATED DAMAGES—SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEP 2000)
(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages identified in the below table.
Number of Calendar Days Delinquent in Delivery |
|
Liquidated Damage (LD) - % of Deliverable Cost |
|
1-7 |
|
1 |
% |
8-14 |
|
2 |
% |
15-21 |
|
3 |
% |
22-26 |
|
4 |
% |
27-31 |
|
5 |
% |
32 and Above |
|
6 |
% |
NOTE: The percentages of LD’s are not cumulative per calendar day. Example, a delay from 1 to 7 calendar days will equal a total LD assessment of 1% of the deliverable cost and a delay from 27-31 calendar days will result in a total LD assessment of 5% of the deliverable cost.
(b) If the Government terminates this contract in whole or in part under the Default—Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default—Fixed-Price Supply and Service clause in this contract.
(End of clause)
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 $46,596,600.00 dollars.
(b) The maximum amount for which the Government shall be liable if this contract is terminated is $46,596,600.00 dollars.
(End of clause)
[***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED BY FORCE PROTECTION, INC. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
United States law will apply to resolve any claim of breach of this contract.
(End of clause)
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
United States law will apply to resolve any claim of breach of this contract.
(End of clause)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
|
|
|
|
|
|
[Insert one or more Internet addresses] |
|
(End of clause)
252.201-7000 CONTRACTING OFFICER’S REPRESENTATIVE (DEC 1991)
(a) “Definition. Contracting officer’s representative” means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.
(b) If the Contracting Officer designates a contracting officer’s representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR’s authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.
(End of clause)
MARCORSYSCOM WAWF INSTRUCTIONS TO CONTRACTORS
ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008).
In compliance with DFARS 252.232-7003, “Electronic Submission of Payment Request and Receiving Reports (March 2008)”, the United States Marine Corps (USMC) utilizes WAWF-RA to electronically process vendor request for payment. The contractor is required to utilize this system when processing invoices and receiving reports under this contract.
The contractor shall (i) ensure an Electronic Business Point of Contract (POC) is designated in Central Contractor Registration at xxxx://xxx.xxx.xxx and (ii) register to use WAWF-RA at the xxxxx://xxxx.xx.xxx/ within ten (10) days
[***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED BY FORCE PROTECTION, INC. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
after award of the contract or modification incorporating WAWF-RA into the contract. Step by step procedures to register are available at the xxxxx://xxxx.xx.xxx/.
The USMC WAWF-RA point of contact for this contract is Xx. Xxxxxxxxx Xxxxxx and can be reached on (000) 000-0000 or via email at xxxxxxxxx.xxxxxx@xxxx.xxx The alternate USMC WAWF-RA point of contact is Xx. Xxxxxxx Xxxxxxxxx and can be reached on (000) 000-0000 or via email at xxxxxxx.xxxxxxxxxx@xxxx.xxx .
The contactor is directed to use the 2 in 1 format when processing invoices and receiving reports. For all requirements, the contractor shall use the Marine Corps Systems Command DODAAC (M67854) as the DODAAC for all shipping addresses, even if the ship-to address-is other than the Marine Corps Systems Command.
DFAS-Columbus
P.O. Box 369022
Attn:Kansas-M67443
Columbus, Ohio 43236-9022
E-Mail: XXX-XX-XXXX@XXXX.XXX (Vendor Pay)
PHONE: 0-000-000-0000 #0 then #4 (MOCAS = #1 then #4)
WAWF: xxxxx://xxxx.xx.xxx/ <xxxxx://xxxx.xx.xxx/>
My Invoice: xxxxx://xxxxxxxxx.xxx.xxxx.xxx
<xxxxx://xxxxxXxxx.xxx.xxxx.xxx>
Data entry information in WAWF:
Payment Office DoDAAC: HQ0338
Issue By DoDAAC: M67854
Admin Office DoDAAC: S1103A
Ship To/Service Acceptor DoDAAC: M67854 EXT PG-15 MRAP
Contract Number: M67854-11-C-5063
Before closing out of an invoice session in WAWF-RA, but after submitting your document or documents, the contractor will be prompted to send additional email notifications. The contractor shall click on “ Send Additional Email Notifications” block on the page that appears. Add the primary point of contact’s email address (provided above) in the first email address block and add the alternate point of contact’s email address in the following block. This additional notification to the government is important to ensure the appropriate point of contact is aware that the invoice documents have been submitted into the WAWF-RA system.
NOTE: The POCs identified above are for WAWF issues only. Any other contracting questions/problems should be addressed to the POC identified in Section A of the contract.
[***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED BY FORCE PROTECTION, INC. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
Section J - List of Documents, Exhibits and Other Attachments
LIST OF ATTACHMENTS
Title |
|
Number of pages |
PURCHASE DESCRIPTION MINE PROTECTED CLEARANCE VEHICLE |
|
48 Pages |
|
|
|
FINAL INSPECTION RECORD CONTRACT DATA REQUIREMENT LIST (CDRL) |
|
1 Page |
[***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED BY FORCE PROTECTION, INC. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
Attachment Y |
|
FOR OFFICIAL USE ONLY |
|
ATPD 2373 |
-INCH-POUND
ATPD-2373
01 April 2010
PURCHASE DESCRIPTION
MINE PROTECTED CLEARANCE VEHICLE
[***]
[***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED BY FORCE PROTECTION, INC. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
CONTRACT DATA REQUIREMENTS LIST
[***]