h. Proposals shall include sufficient technical data to describe all changes from existing contract requirements.

Transcription

1 Reference No. of Document Being Continued Page 167 of 189 SECTION H - SPECIAL CONTRACT REQUIREMENTS Regulatory Cite Title Date H ENG CHG PROPOSAL, VALUE ENG CHG PROPOSAL, REQUEST FOR DEVIATION, JUN/2005 REQUEST FOR VARIANCE, ENG RELEASE RECORDS, NOTICE OF REVISION, & SPECIFICATION CHG NOTICE PREPARATION AND SUBMISSION INSTRUCTIONS 1. Contractor initiated Engineering Change Proposals (ECPs), Value Engineering Change Proposals (VECPs), Request for Deviations (RFDs), and Request for Variance (RFVs), collectively referred to as "proposals", shall be prepared, submitted and distributed in accordance with paragraphs 2, 3 and 4 below except as specified in paragraph 5 below. 2. Format. a. Class 1 ECPs require the "Long Form Procedure" for documenting the change and describing the effects of the change on the suitability and supportability of the Configuration Item (CI). Class I ECPs should be limited to those that are necessary or offer significant benefit to the Government. Class I ECPs are those that affect the performance, reliability, maintainability, survivability, weight, balance, moment of inertia, interface characteristics, electromagnetic characteristics, or other technical requirements in the specifications and drawings. Class I ECPs also include those changes that affect Government Furnished Equipment, safety, compatibility, retrofit, operation and maintenance manuals, interchangeability, substitutability, replaceability, source control specifications and drawings, costs, guarantees or warranties, deliveries, or schedules. Class II ECPs are those that do not affect form, fit and function, cost, or schedule of the system CI and do not meet the other criteria described above for Class I ECPs. b. Long Form Procedure: Class I changes to the CI require that AMSAM-RD Form 523, pages 1 through 7 (as applicable), be prepared. Use of this procedure assures that all effects of the change on the CI are properly addressed and documented to the necessary detail to allow proper evaluation of the proposed change. c. Short Form Procedure: ECPs and VECPs, which meet the requirements of Class II ECPs, shall be prepared using AMSAM-RD Form 523 (page 1 only). Supplemental pages may be used with the form as necessary. The responsible Contract Management Office (CMO) will enter the appropriate data in Block 5 "Class of ECP", Block 6 "Justification Codes", and Block 7 "Priority." d. The Contractor shall not manufacture items for acceptance by the Government that incorporate a known departure from requirements, unless the Government has approved a RFD. RFDs shall be prepared using AMSAM-RD Form 527 or AMSRD-AMR Form 530 (Type I, see block 5 on the form). e. The Contractor shall not submit items for acceptance by the Government that include a known departure from the requirements, unless the Government has approved a RFV. RFVs shall be prepared using AMSAM-RD Form 528). f. Each ECP, RFD or RFV shall be accompanied by a written and signed evaluation prepared by the responsible Defense Contract Management Agency (DCMA) technical representative. The DCMA written evaluation shall be considered part of the ECP/RFD/RFV proposal. g. Classification of RFDs/RFVs. (1) Major RFDs/RFVs. RFDs/RFVs written against CIs shall be designated as major when the RFD/RFV consists of acceptance of an item having a nonconformance with contract or configuration documentation involving health; performance; interchangeability; reliability; survivability; maintainability; effective use or operation; weight; appearance (when a factor); or when there is a departure from a requirement classified as major in the contractual documentation. (2) Critical RFDs/RFVs. RFDs/RFVs written against CIs shall be designated as critical when the RFD/RFV consists of acceptance of an item having a nonconformance with contract or configuration documentation involving safety or when there is a departure from a requirement classified as critical in the contractual documentation. (3) Minor RFDs/RFVs. RFDs/RFVs written against CIs shall be designated as minor when the RFD/RFV consists of acceptance of an item having a nonconformance with contract or configuration documentation which does not involve any of the factors listed above in paragraphs g(1) or g(2), or when there is a departure from a requirement classified as minor in the contractual documentation. h. Proposals shall include sufficient technical data to describe all changes from existing contract requirements. i. Proposals shall include sufficient justification for making the change, including a statement of contract impact, if the change is not authorized. j. Proposals for ECPs shall set forth a "not to exceed" price and delivery adjustment acceptable to the Contractor if the Government subsequently approves the proposal. If approved, the equitable increase shall not exceed this amount.

2 Reference No. of Document Being Continued Page 168 of 189 k. Times allowed for technical decisions for ECP and RFD/RFV proposals will be worked out via mutual agreement between the Contractor and the Government. l. The Contractor shall submit, concurrent with the ECP, a separate AMSAM-RD Form 525, "Specification Change Notice" (SCN), for each specification that would require revision if the ECP were approved. m. Proposals for VECPs shall set forth a "not less than" price and delivery adjustment acceptable to the Contractor if the Government subsequently approves the proposal. If approved, the savings shall not be less than this amount. n. The Contractor shall utilize AMSAM-RD Form 526, "Engineering Release Record" (ERR) to release new or revised configuration documentation to the Government for approval. o. The Contractor shall utilize AMSAM-RD Form 524, "Notice of Revision" (NOR) to describe the exact change(s) to configuration documentation specified as a data requirement in the contract. The Contractor shall describe the change using subsections entitled "WAS" to describe the current contractual technical requirement and "IS" to describe the proposed new requirement. 3. Submittal. The Contractor shall submit two (2) copies of each proposal to the responsible Administrative Contracting Officer (ACO). One (1) copy of each proposal shall be returned to the Contractor within (5) working days after receipt by the ACO, stating whether or not the proposal is in compliance with this provision. Any unresolved differences between the ACO and the Contractor concerning ECPs, VECPs, RFVs or RFDs will be submitted to the PCO for resolution. Submittals may be made by electronic means by scanning the appropriate completed forms into a computer or preparing the forms electronically. 4. Distribution. a. Electronic Distribution. The preferred method of distribution is through the Internet System to the PCO. Microsoft Word is required for use with the transmittal letter ( ). Required forms will be attached to the . All forms may be obtained from the AMCOM Acquisition Center Website ( by clicking on "Forms/Checksheets." The forms are in both "Adobe Acrobat" and "Form Flow" formats. In order to access and use the forms, the user must have the "Adobe Acrobat" or "Form Flow" software installed on their computer. Drawings may be scanned into the computer and sent as an attachment. In some cases, because of size, drawings may have to be sent as hard copies or sent under special electronic instructions provided by the PCO. Contractors who do not have access to the AMCOM Acquisition Center Website will need to contact the PCO, the appropriate Project Office Configuration Management Office, or the Technical Data Management Division (AMSRD-AMR-SE-TD) to have the forms sent to their facility. b. Hard Copy Distribution of Class I or II ECPs and RFD/RFVs, For each Class I or II ECP, or each RFD/RFV that the ACO determines to be in compliance with this provision, the Contractor shall submit the original plus five copies to the PCO and one copy to the ACO. Upon receipt of any type of change proposal that is submitted to the PCO, the ACO shall immediately submit DCMA's written evaluation pertaining to the proposed engineering change action to the PCO. Assistance in preparing any of these proposals may be obtained from the ACO or AMCOM Change Control Point at: Aviation and Missile Research, Development, and Engineering Center ATTN: AMSRD-AMR-SE-TD-CM Redstone Arsenal, Al Telephone: c. Hard Copy Distribution of VECPs. For each VECP that the ACO determines to be in compliance with this provision, the Contractor shall submit the original plus five copies to the PCO and one copy to the ACO. Upon receipt of any VECP that is submitted to the PCO, the ACO shall immediately submit DCMA's written evaluation to the PCO. The Contractor shall also submit one copy of the VECP to the Value Engineering Program Manager (VEPM) whose address is below. Assistance in preparing VECPs may be obtained from the VEPM. Aviation and Missile Research, Development, and Engineering Center ATTN: AMSRD-AMR-SE-IO-VE Redstone Arsenal, Al Telephone: Alternate Format, Submittal or Distribution Process. Proposals may be prepared in a different format, submitted using a different submittal process or distributed in a different manner than specified in paragraphs 2, 3 and 4 above, so long as the alternate approach is in accordance with a Government approved configuration management plan governed by this contract or the PCO authorizes the alternate format, submittal, or distribution process. 6. Government Acceptance. Acceptance of a proposal by the Government shall be affected by the issuance of a change order or execution of a supplemental agreement incorporating the proposal into the contract unless the PCO authorizes another method of acceptance. The Government will notify the Contractor in writing if a proposal is determined to be unacceptable.

3 Reference No. of Document Being Continued Page 169 of 189 (End of clause) H-2 LACK OF GFP ARRIVING (i.e. RADIOS, TACTICAL MODEMS) THE FOLLOWING SOLUTION TO LATE DELIVERY OF GOVERNMENT FURNISHED PROPERTY AS SCHEDULED IS HEREBY INCORPORATED INTO THE CONTRACT AT NO INCREASE TO CONTRACT PRICE: THE CONTRACTOR IS AUTHORIZED TO PROCEED WITH FLIGHT ACCEPTANCE TESTING ON PROCURED ASSETS WHEN GFP HAS NOT ARRIVED IN ACCORDANCE WITH CONTRACT SCHEDULE. IF THE LACK OF GFP IMPACTS THE ABILITY TO PERFORM ANY PART OF THE ACCEPTANCE TESTING, DCMA WILL DIRECT THE CONTRACTOR TO DOCUMENT THE LACK OF GFP AND PROCEED WITH THE REQUIRED TESTING AS SCHEDULED SO LONG AS THERE IS NO IMPACT ON FLIGHT SAFETY. ONCE GFP IS AVAILABLE, THE GOVERNMENT WILL PROVIDE SHIPMENT OF SUCH TO THE REQUIRED DESTINATION AND ASSUME RESPONSIBILITY FOR ITS FUNCTIONALITY IN THE TUAV SYSTEM. H-3 THIS CLAUSE GRANTS AUTHORIZATION FOR USE OF GOVERNMENT HARDWARE PREVIOUSLY ACCEPTED BY THE GOVERNMENT, WHETHER IN BONDED STORAGE OR NOT. THIS HARDWARE WILL BE UTILIZED IN CERTAIN TEST ACTIVITIES TO INCLUDE: FOLLOW-ON FLIGHT ACCEPTANCE TESTING PROCEDURES (FATP)s FOR SUBSEQUENT SUBSYSTEMS SUBMITTED FOR ACCEPTANCE, EXTERNAL PILOT AND AIR VEHICLE OPERATOR CURRENCY FLIGHTS REQUIRED BY THE DEFENSE FEDERAL ACQUISITION SUPPLEMENT CLAUSES AND 7002, R&D ACTIVITIES, AND ANY OTHER ACTIVITIES AGREED UPON BY THE UNMANNED AERIAL VEHICLE SYSTEM (UAVS) PROJECT MANAGEMENT OFFICE (PMO). IN ORDER TO MAINTAIN ACCOUNTABILITY OF THE ASSET UTILIZATION AND TO ENSURE THAT THE USE OF THE ASSETS IS FOR A FUNDED ACTIVITY, AAI IS REQUIRED TO REQUEST AUTHORIZATION TO UTILIZE CERTAIN SUBSYSTEMS FOR REQUIRED TEST AND ACCEPTANCE ACTIVITIES. REQUESTS ARE TO BE ED TO EITHER THE CHIEF, UAVS SYSTEM SUPPORT DIVISION; SUPPORTABILITY LEAD FOR TACTICAL UNMANNED AERIAL VEHICLE (TUAV); ASSISTANT PRODUCT MANAGER FOR BRIGADE TUAV; OR THE TUAV HARDWARE MANAGER. AUTHORIZATION WILL BE FORWARDED BY THE UAVS PMO POINT OF CONTACT BACK TO AAI, COPYING THE PROCURING CONTRACTING OFFICER AND THE DEFENSE CONTRACT MANAGEMENT AGENCY (DCMA) MARYLAND REPRESENTATIVES AT AAI AND DCMA PHOENIX REPRESENTATIVE AT FORT HUACHUCA, AZ. THE REQUEST FOR AUTHORIZATION FOR USE WILL SPECIFY A PERIOD OF TIME OF NEED AND WILL NOTE THE CONTRACT NUMBER AND CLIN UNDER WHICH THE TASK IS TO BE PERFORMED ALONG WITH A COMPLETE LIST OF ALL EQUIPMENT REQUIRED. THE HARDWARE WILL BE SUBJECT TO THE GFE ACCOUNTABILITY REQUIREMENTS USING THE AUTHORIZED AUTOMATED INFORMATION TECHNOLOGY SYSTEM TO MONITOR THE LOCATION OF THAT EQUIPMENT AT NO ADDITIONAL COST TO THE GOVERNMENT. *** END OF NARRATIVE H0001 *** H-5 RE-OPENER CLAUSE (RATES) H-6 RE-OPENER CLAUSE (LD VENDORS) H-7 RE-OPENER CLAUSE (UEL) The Government is authorized to open negotiations for the recovery of any savings realized if the actual exchange rate is less than the proposed exchange rate for out year orders with UEL. This clause covers CLINs 0101AA, 0101AB, 0102AA, 0102AB, 0201AA, 0201AB, 0201AC, 0202AA, 0202AB, 0202AC, 0401AA, 0401AB, 0402AA, 0402AB, and 0404AA. This re-opener clause is subject to downward negotiation only. *** END OF NARRATIVE H0002 *** H-4 OPTION EXERCISE PROVISIONS a. The Government reserves the right to exercise none, part or all of the options at any time during this option exercise period. The options are range options that may be exercised one or more times in varying quantities, up to the maximum amount specified in the range. Option CLINs CLIN 0201AC CLIN 0202AB Option Exercise period No later than five months after definitization modification

4 Reference No. of Document Being Continued Page 170 of 189 CLIN 0202AC CLIN 0401AA CLIN 0401AB CLIN 0402AA CLIN 0402AB CLIN 0404AA No later than five months after definitization modification No later than six months after definitization modification No later than six months after definitization modification b. If firm prices have been previously negotiated, the Government may exercise the options by issuing a contract modification executed by the Contracting officer. Options shall be executed on a bilateral basis if firm prices were not previously negotiated. c. Any option quantities not exercised under an option CLIN shall be available for bilateral exercise in any later option CLIN at the range quantity unit price applicable to that later CLIN. This carryover of unexercised option quantities shall be cumulative. d. The Government may bilaterally accelerate (exercise outyear option quantities early) option quantities when its requirements exceed the quantities available in the current period (plus any carryovers, as discussed in paragraph (c) above). e. CLIN 0104AA for the data required by Exhibit A, Contract Data Requirements List (CDRL) is applicable to all CLINs. Cost data and other data required by Exhibit A shall be submitted in accordance with the CDRL requirements for the life of the contract to cover the basic effort and all exercised options. *** END OF NARRATIVE H0003 *** H-8 RE-OPENER CLAUSE (RATES) *** END OF NARRATIVE H0004 *** H-9 OPTION EXERCISE PROVISIONS (P00022) a. The Government reserves the right to exercise none, part or all of the options at any time during this option exercise period. The options for CLINs 0204AB-0204AJ shall be exercised NLT 31 October b. If firm prices have been previously negotiated, the Government may exercise the options by issuing a contract modification executed by the Contracting officer. Options shall be executed on a bilateral basis if firm prices were not previously negotiated. c. CLIN 0104AA for the data required by Exhibit A, Contract Data Requirements List (CDRL) is applicable to all CLINs. Cost data and other data required by Exhibit A shall be submitted in accordance with the CDRL requirements for the life of the contract to cover the basic effort and all exercised options. H-10 RE-OPENER CLAUSE (INDIRECT RATES) *** END OF NARRATIVE H0005 *** H-11 USE OF GOVERNMENT INSTALLATIONS AND FACILITIES Government Installations to be made available under this contract: Joint Technical Center/Systems Integration Lab (JTC/SIL) located at Redstone Arsenal, AL Yuma Proving Ground located at Yuma, AZ White Sands Missile Range (WSMR) located at White Sands, NM Redstone Technical Test Center(RTTC) located at Redstone Arsenal, AL

5 Reference No. of Document Being Continued Page 171 of 189 Electronic Proving Ground located at Ft. Huachuca, AZ Aberdeen Proving Ground (APG) located at Aberdeen, MD Dugway Proving Ground located at Dugway, UT Facilities and materiel include, but are not limited to, operations/maintenance areas, office areas with access to phones, AV and generator fuel. *** END OF NARRATIVE H0006 *** H-12 RE-OPENER CLAUSE (G&A RATE) FORWARD PRICING RATE AGREEMENT BETWEEN AAI AND THE GOVERNMENT FOR THE G&A RATE. THIS RE-OPENER CLAUSE IS SUBJECT TO DOWNWARD NEGOTIATION ONLY AND APPLIES TO SLINs 0701AA, 0701AB, 0702AA, 0702AB, AND OPTION SLINs IF EXERCISED. H-13 OPTION EXERCISE THE GOVERNMENT RESERVES THE RIGHT TO EXERCISE OPTION SLINs 0701AC AND 0702AC BY 31 MAR *** END OF NARRATIVE H0007 *** H-14 RE-OPENER CLAUSE (INDIRECT RATES - OVERHEADS, G&A,AND COM) FORWARD PRICING RATE AGREEMENT BETWEEN AAI AND THE GOVERNMENT FOR ALL INDIRECT RATES. THIS RE-OPENER CLAUSE IS SUBJECT TO DOWNWARD NEGOTIATION ONLY AND APPLIES TO SLINs 0703AA, 0703AB, 0703AC, AND 0703AD. H-15 RE-OPENER CLAUSE (GENERAL DYNAMICS) THE GOVERNMENT IS AUTHORIZED TO OPEN NEGOTIATIONS FOR THE RECOVERY OF ANY SAVINGS REALIZED WITH THE SETTLEMENT OF AAI'S PURCHASE ORDER WITH GENERAL DYNAMICS. THIS RE-OPENER CLAUSE IS SUBJECT TO DOWNWARD NEGOTIATION ONLY AND APPLIES TO SLINs 0703AA, 0703AB, 0703AC, AND 0703AD. H-16 RE-OPENER CLAUSE (UEL) THE GOVERNMENT IS AUTHORIZED TO OPEN NEGOTIATIONS FOR THE RECOVERY OF ANY SAVINGS REALIZED IF THE ACTUAL POUNDS TO DOLLARS EXCHANGE RATE IS LESS THAN THE PROPOSED EXCHANGE RATE WITH UEL. THIS RE-OPENER CLAUSE IS SUBJECT TO DOWNWARD NEGOTIATION ONLY AND APPLIES TO SLINs 0703AA, 0703AB, 0703AC, AND 0703AD. *** END OF NARRATIVE H0008 *** H-17 RE-OPENER CLAUSE (INDIRECT RATES - OVERHEADS, G&A, AND COM) FORWARD PRICING RATE AGREEMENT BETWEEN AAI AND THE GOVERNMENT. THIS RE-OPENER CLAUSE APPLIES TO SLINs 0501AG, 0501AH, 0501AJ, 0501AK, 0502AC, 0502AD, AND 0502AE. H-18 RE-OPENER CLAUSE (IAI)

6 Reference No. of Document Being Continued Page 172 of 189 *** END OF NARRATIVE H0009 *** H-3 THIS MODIFICATION GRANTS AUTHORIZATION FOR USE OF GOVERNMENT HARDWARE PREVIOUSLY ACCEPTED BY THE GOVERNMENT, WHETHER IN BONDED STORAGE OR NOT. THIS HARDWARE WILL BE UTILIZED IN CERTAIN TEST ACTIVITIES TO INCLUDE: FOLLOW-ON FLIGHT ACCEPTANCE TESTING PROCEDURES (FATP)s FOR SUBSEQUENT SUBSYSTEMS SUBMITTED FOR ACCEPTANCE, EXTERNAL PILOT AND AIR VEHICLE OPERATOR CURRENCY FLIGHTS REQUIRED BY THE DEFENSE FEDERAL ACQUISITION SUPPLEMENT CLAUSES AND 7002, R&D ACTIVITIES, AND ANY OTHER ACTIVITIES AGREED UPON BY THE UNMANNED AERIAL VEHICLE SYSTEM (UAVS) PROJECT MANAGEMENT OFFICE (PM0). IN ORDER TO MAINTAIN ACCOUNTABILITY OF THE ASSET UTILIZATION AND TO ENSURE THAT THE USE OF THE ASSETS IS FOR A FUNDED ACTIVITY, AAI IS REQUIRED TO REQUEST AUTHORIZATION TO UTILIZE CERTAIN SUBSYSTEMS FOR REQUIRED TEST AND ACCEPTANCE ACTIVITIES. REQUESTS ARE TO BE ED TO EITHER THE CHIEF, UAVS SYSTEM SUPPORT DIVISION; SUPPORTABILITY LEAD FOR TACTICAL UNMANNED AERIAL VEHICLE (TUAV); ASSISTANT PRODUCT MANAGER FOR BRIGADE TUAV; OR THE TUAV HARDWARE MANAGER. AUTHORIZATION WILL BE FORWARDED BY THE UAVS PMO POINT OF CONTACT BACK TO AAI, COPYING THE PROCURING CONTRACTING OFFICER AND THE DEFENSE CONTRACT MANAGEMENT AGENCY (DCMA) MARYLAND REPRESENTATIVES AT AAI AND DCMA REPRESENTATIVE AT DUGWAY PROVING GROUND, UT. THE REQUEST FOR AUTHORIZATION FOR USE WILL SPECIFY A PERIOD OF TIME OF NEED AND WILL NOTE THE CONTRACT NUMBER AND CLIN UNDER WHICH THE TASK IS TO BE PERFORMED ALONG WITH A COMPLETE LIST OF ALL EQUIPMENT REQUIRED. THE HARDWARE WILL BE SUBJECT TO THE GFE ACCOUNTABILITY REQUIREMENTS USING THE AUTHORIZED AUTOMATED INFORMATION TECHNOLOGY SYSTEM TO MONITOR THE LOCATION OF THAT EQUIPMENT AT NO ADDITIONAL COST TO THE GOVERNMENT. *** END OF NARRATIVE H0010 *** H-19 RE-OPENER CLAUSE (INDIRECT RATES - DIRECT LABOR OVERHEAD AND G&A) FORWARD PRICING RATE AGREEMENT BETWEEN AAI AND THE GOVERNMENT. THIS RE-OPENER CLAUSE APPLIES TO SLINs 0805AA AND 0805AB. *** END OF NARRATIVE H0011 *** H-20 RE-OPENER CLAUSE (INDIRECT RATES - DIRECT LABOR OVERHEAD AND G&A) FORWARD PRICING RATE AGREEMENT BETWEEN AAI AND THE GOVERNMENT. THIS RE-OPENER CLAUSE APPLIES TO SLINs 0806AA AND 0806AB. *** END OF NARRATIVE H0012 *** H-21 OPTION EXERCISE UGCS KITS A. THE GOVERNMENT RESERVES THE RIGHT TO EXERCISE NONE, PART, OR ALL OF THE OPTIONS AT ANY TIME DURING THIS OPTION EXERCISE PERIOD. OPTION SLINs OPTION EXERCISE PERIOD SLIN 1402AA NO LATER THAN 60 DAYS AFTER EXECUTION OF MODIFICATION P00101 AT THE NEGOTIATED PRICE. NO LATER THAN 90 DAYS AFTER EXECUTUTION OF THE MODIFICATION AT THE NTE PRICE. SLIN 1403AA NO LATER THAN 60 DAYS AFTER EXECUTION OF MODIFICATION P00101 AT THE NEGOTIATED PRICE. NO LATER THAN 90 DAYS AFTER EXECUTUTION OF THE MODIFICATION AT THE NTE PRICE. B. IF FIRM PRICES HAVE BEEN PREVIOUSLY NEGOTIATED, THE GOVERNMENT MAY EXERCISE THE OPTIONS BY ISSUING A CONTRACT MODIFICATION EXECUTED BY THE CONTRACTING OFFICER. OPTIONS SHALL BE EXECUTED ON A BILATERAL BASIS IF FIRM PRICES ARE NO LONGER VALID. *** END OF NARRATIVE H0013 ***