exv10w4



 






Exhibit 10.4




	 	 	 	 	 	 	 	 	 	 	 	 	 
	
 
	AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

	 	1. CONTRACT ID CODE
	 	PAGE
	 	OF
	 	PAGES

	

	 	 	 	 	1	 	 	 	 	 	3	 







	 	 	 	 	 	 	 
	
 
	2. AMENDMENT/MODIFICATION NO.

	 	3. EFFECTIVE DATE
	 	4. REQUISITION/PURCHASE REG. NO.
	 	5. PROJ. NO. (if applicable)
	P00032

	 	Same as block 16C
	 	N00024-03-MR-21575
	 	0-02442-21575







	 	 	 	 	 	 	 
	
 
	6. ISSUED BY

	 	CODE N00024
	 	7. ADMINISTERED BY (if other than line 8)
	 	CODE S2401A
	 
	 	 	 	 	 	 
	NAVAL SEA SYSTEMS COMMAND

	 	 	 	DCMAO TWIN CITIES	 	 
	1333 ISAAC HULL AVE SE STOP 2040	 	B.H. WHIPPLE FEDERAL BUILDING, SUITE 1150	 	 
	WASHINGTON NAVY YARD, DC 20376-2040	 	ONE FEDERAL DRIVE	 	 
	BUYER: JON
            HALL, CODE 02442 
	 	 	 	FORT SNELLING, MN 55111	 	 
	PHONE: (202) 781-2879
	 	 	 	 	 	 







	 	 	 	 	 	 	 
	
 
	8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

	 	(X)
	 	9A.
	 	AMENDMENT OF SOLICITATION NO.
	UNITED DEFENSE L.P.
	 	 	 	

	ARMAMENT SYSTEMS DIVISION

	 	 	 	9B.
	 	DATED (SEE ITEM 11)
	4800 EAST RIVER ROAD
	 	 	 	

	MINNEAPOLIS, MN 55421-1492

	 	 	 	10A.
	 	 MODIFICATION OF CONTRACT/ORDER NO:.
	

	 	X
	 	 	 	N00024-93-E-8521
	DUNS:
	 	 	 	

	

	 	 	 	10B.
	 	 DATED (SEE ITEM 13)
	

	 	 	 	 	 	16-Nov-92







	 	 	 
	



          
	CAGE CODE       44114

	 	FACILITY CODE:










11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS





The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers o is extended o is not extended.






Offers must acknowledge receipt of this amendment prior to the hour and date specified in
the solicitation as amended, by one of the following methods: (a) By completing items 8 and 15, and returning 2 copies of the
amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or telegram which includes reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE
PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE
SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment
you desire to change an offer already submitted, such change may be made by telegram of letter, provided each telegram or letter makes reference to the solicitation and this
amendment, and is received prior to the opening hour and date specified.



  12. ACCOUNTING AND
APPROPRIATION DATA  (if
    required)

SEE ATTACHED FINANCIAL ACCOUNTING DATA SHEETS(S)










  13. THIS ITEM APPLIES ONLY TO MODIFICATIONS
    AND CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.




	 	 	 	 	 
	
 
	(X)

	 	A.
	 	THIS CHANGE ORDER IS ISSUED PURSUANT TO: (specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT CHANGE
NO. IN ITEM 10A.
	

	

	 	B.
	 	THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as
changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
	

	X 
	 	C.
	 	THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO
          PURSUANT TO AUTHORITY OF:

          MUTUAL AGREEMENT OF THE PARTIES
	

	
	 	 	 	 
	

	 	D.
	 	OTHER (Specify type of modification and authority)











  E. IMPORTANT: Contractor ( )
    is not, (x) is required to sign this document
    and return 2 copies to the issuing office.




	 	 	 
	
 
	14. DESCRIPTION OF AMENDMENT/MODIFICATION
(Organization by UCF section headings, including solicitation/contract subject matter where feasible.)
	

	 	 
	

	 	Facility: MROP, Fridley, MN







SEE ATTACHED PAGE



Except as provided herein, all terms and conditions referenced in Items 9A and 10A,
as heretofore changed, remains unchanged and in full force and effect.




	 	 	 
	
 
	15A. NAME AND TITLE OF SIGNER (type or print)

	 	16A. NAME AND TITLE OF CONTRACTING OFFICER (type or print)
	 
	 	 
	PAT MILLER,
	 	 
	SR. CONTRACTS REPRESENTATIVE

	 	J.B. HALL, CONTRACTING OFFICER







    	 	 	 	 	 	 	 
	
  
	15B. CONTRACT/OFFEROR
          
	 	15C. DATED SIGNED 	 	16B. UNITED STATES OF AMERICA 	 	16C. DATED SIGNED
	 
	(SGD)
	 	6/5/03 	 	By                (SGD)
        		6/6/03
	  
          

          
  
	(Signature
            of person authorized to sign) 
	 	 	 	(Signature of person authorized to
          sign)	 	 


    

  




	 	 	 
	 
	NSN 7540-01-152-8070

	 	STANDARD FORM 3D (REV. 10-83)
	PREVIOUS EDITION UNUSARLS

	 	Prescribed by GEA
 FAR (48 CFR) 53.24


















 





Page 2 of 3



The purposes of this modification are to 1) extend the contract through 30 June
2004, 2) reflect rescission of the Contracting Officer’s concurrence for
non-interference use of the facilities accountable under this contract for Navy
and Marine Corp contract efforts previously granted by Section C, PART 1, B.
USE OF PROPERTY, paragraph (i) of the contract, and 3) limit Non-Interference
use of the facilities accountable under this contract to either a) work on
contracts, including previously exercised options awarded or exercised before
23 May 2003 where non-interference use was previously authorized by this
contract’s Contracting Officer or this contract OR b) work on other government
or non-government conracts, including priced contract options and subcontracts
where non-interference use is specifically concurred in by this contract’s
Contracting Officer by 18 July 2003 and the contract action is awarded or
exercised on or before 30 September 2003.



Accordingly,





	1.	 	Under Section F — DELIVERIES AND PERFORMANCE, revise the period of
performance as follows:
	 
	 	 	The period of performance is from 16 November 1992 through 30 June 2004.




2. On page 2, Section C — DESCRIPTION/SPECIFICATIONS/WORK STATEMENT,
PART 1 — CONTRACT DESCRIPTION, A. PROPERTY PROVIDED UNDER THIS
CONTRACT, DELETE subparagraph (i) in its entirety and SUBSTITUTE
therefore:





	 	 	“This facility – use contract is entered into to provide Government-owned
property to the contractor for performance of work on government contracts
and subcontracts awarded on or before 23 May 2003 and for other government
contracts, modifications and subcontracts, including priced options
awarded or exercised between 24 May 2003 and 30 September 2003, subject
to the concurrence of this contract’s Contracting Officer’s as required by
Section C, PART 1 — CONTRACT DESCRIPTION, B. USE OF PROPERTY,
subparagraph (i) (See item 3. below) of the contract.”
	 
	3.	 	On page 2, Section C-DESCRIPTION/SPECIFICATIONS/WORK STATEMENT, PART
1 — CONTRACT DESCRIPTION, B. USE OF PROPERTY, DELETE subparagraphs (i)
through (iv) in their entirety and SUBSTITUTE the following:
	 
	 	 	"(i) In accordance with FAR 45.401, prior written concurrence of the
Contracting Officer cognizant of this facility use contract is required
(by 18 July 2003) for the use of the government production and research
property accountable under this facility use contract for performance of
work on all government [including pending Navy (including U.S. Marines)
contract actions] or non-government contracts, including priced options,
modifications or subcontracts, awarded or exercised after 23 May 2003.”

















 




Page 3 of 3


	 	 	(ii) The contractor shall submit by 20 June 2003, a noninterference use request
to this contract’s Contracting Officer for each and every pending (not
awarded or exercised by 23 May 2003) contract action (including U.S. Navy and
Marine Corps contract actions) including priced options, contract modifications
and subcontracts for review and concurrence/ denial.

	 
	 	 	(iii) In accordance with FAR 45.402, any Contracting Officer desiring to use
the government production and research property accountable under this contract
for work on any government or non-government contracts shall obtain written
concurrence (by 18 July 2003) of the Contracting Officer cognizant of this
facility use contract prior to authorizing its use on a rent due or rent free
basis. All requests shall be forwarded through the cognizant ACO. All requests
for use under another government prime contract shall include the following
information as a minimum: (1) request for proposal/quote or contract number,
(2) a description of the effort, (3) period of performance, including priced
options and (4) the government agency awarding the prime contract, with the
point of contact and telephone number. Requests for use under a subcontract
shall contain the above information along with the prime contractor’s name and the
proposal number.

	 
	 	 	(iv) (RESERVED)”






	4.	 	Except as modified herein, all other terms and conditions of this contract
remain unchanged and in full force and effect.