Exhibit
10.1


 


[***] INDICATES MATERIAL THAT HAS
BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. 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.


 


SALES AUTHORIZATION RELEASE


 


	
  CONTRACT:
  M67854-07-D-5031-18

  	
   

  	
  SAR #: 10-249

  
	
   

  	
   

  	
   

  
	
  MODIFICATION: 08

  	
   

  	
  CONTRACT/MOD TYPE: FFP

  
	
   

  	
   

  	
   

  
	
  CONTRACT MOD DATE:
  08/20/10

  	
   

  	
  PROGRAM MGMT POC: MIKE
  MARTYN

  
	
   

  	
   

  	
   

  
	
  F.O.B.
  POINT: DESTINATION

  	
   

  	
  CONTRACT POC: MIKE MIKSCHE

  
	
   

  	
   

  	
   

  
	
  FP Proposal No(s):
  FP10-0035

  	
   

  	
   

  



 


DESCRIPTION:
Development and Ver/Val, NRE Ver’Val of Materials, NRE ILS/CM Documentation,
NRE Engineering Design, Seat Survivability Production Kits


 


SCOPE OF
WORK:


 


The purpose
of this modification is to revise the delivery schedule for the following:


 


1)            CLIN 3333AA — NRE TB Development and
Ver/Val — 1 Lot


2)            CLIN 3330 — NRE Ver/Val of Materials
— 1 Lot


3)            CLIN 3331 —
NRE ILS/CM Documentation — 1 Lot


4)            CLIN 3332 — NRE Engineering Design —
1 Lot


5)            CLIN 3333AA — Seat Survivability
Production Kits — 1,203


6)            CLIN 3333AB — Seat Survivability
Production Kits — 484


7)            CLIN 3333AC — Seat Survivability
Production Kits — 46


8)            CLIN 3333AD — Seat Survivability
Production Kits — 213


9)


 


There is an
increase of $64,096,792 to the DO


 


SPECIAL
TERMS AND CONDITIONS, IF APPLICABLE:


 


NOTE:  Contract and Modifications are available on
S:/Library/Contracts


 

















 


[***] INDICATES MATERIAL THAT HAS
BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. 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.


 


	
  AMENDMENT
  OF SOLICITATION/MODIFICATION OF CONTRACT

  	
  1. CONTRACT ID
  CODE

  	
  PAGE OF PAGES

  
	
  J

  	
  1

  	
  13

  
	
   

  	
   

  	
   

  	
   

  
	
  2.
  AMENDMENT/MODIFICATION NO.

  08

  	
  3. EFFECTIVE DATE

  19-Aug-2010

  	
  4. REQUISITION/PURCHASE
  REQ. NO. 

  SEE SCHEDULE

  	
  5. PROJECT NO.
  (If applicable)

  
	
   

  	
  CODE   

  	
    M67854

  	
   

  	
  CODE   

  	
     S1103A

  
	
  6. ISSUED BY

   

  COMMANDING
  GENERAL

  MARINE
  CORPS SYSTEMS COMMAND

  ATTEN:
  MRAP/CARL V. BRADSHAW

  2200
  LESTER STREET

  QUANTICO,
  VA 22134-5010

   

  	
  7. ADMINISTERED BY (If
  other than Item 6)

  DCMA
  ATLANTA

  ATTN:
  DIANNE ROBERTS, 2300 LAKE PARK DRIV

  SUITE
  300

  SMYNRA,
  GA 30080

  
	
  8. NAME AND
  ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code)

  FORCE PROTECTION
  INDUSTRIES, (INC)

  OTIS BYRD

  9801 HWY 78 STE 3

  LADSON, SC
  29456-3802

  	
  o

  	
  9A. AMENDMENT OF
  SOLICITATION NO.

   

  
	
  o

  	
  9B. DATED (SEE ITEM 11)

   

  
	
  x

  	
  10A. MOD. OF
  CONTRACT/ORDER NO.

  M67854-07-D-5031-0018

  
	
   

  	
   

  	
   

  	
   

  
	
  CODE: 1EFH8

  	
  FACILITY CODE

  	
  x

  	
  10B. DATED (SEE ITEM 13)

  23-Apr-2010

  
	
   

  
	
  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 Offer.     o is extended,  o is not extended.

   

  Offer must acknowledge
  receipt of this amendment prior to the hour and date specified in the
  solicitation or as amended by one of the following methods:

  (a) By completing Items
  8 and 15, and returning        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 a
  reference to the solicitation and amendment numbers.  FAILURE OF YOUR ACKNOWLEDGEMENT TO BE
  RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PROIR 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 or 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
  Schedule

  
	
   

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

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

  
	
   

  	
   

  
	
  o

  	
  A. 

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

  
	
   

  	
   

  	
   

  
	
  o

  	
  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(A) Bilateral Authority.

  
	
   

  	
   

  	
   

  
	
  x

  	
  C. 

  	
  THIS SUPPLEMENTAL
  AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

  
	
   

  	
  43.103(a) Bilateral
  Agreement of Both Parties

  
	
   

  	
   

  	
   

  
	
  o

  	
  D. 

  	
  OTHER (Specify type of
  modification and authority)

  
	
   

  
	
  E.  IMPORTANT: 
  Contractor                        o is not,          x is required to sign this document and
  return 1 copies to the issuing office.

  
	
   

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

  Modification
  Control Number:  

   

  The purpose of this
  modification is to order the following CLIN’s in support of the Seat Survivability Upgrade
  effort::

   

  1. CLIN 3329 - NRE TB Development and Ver/Val

  2. CLIN 3330 - NRE Ver/Val
  Material,

  3. CLIN 3331 - NRE ILS/CM
  Documentation,

  4. CLIN 3332 - NRE Engineering Design, and

  5. CLIN 3333 - Seat Survivability Production Kits.

   

  All remaining contract
  terms and conditions remain in full force and effect.

   

  Except as provided
  herein, all terms and conditions of the document referenced in Item 9A or
  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)

  CARL V.
  BRADSHAW   /  CONTRACTING OFFICER

  TEL:                                                                       EMAIL:
  

  
	
   

  	
   

  	
   

  	
   

  
	
  15B. CONTRACTOR/OFFEROR

  	
  15C.
  DATE SIGNED

  	
  16B.
  UNITED STATES OF AMERICA

  	
  16C. DATE SIGNED

  
	
   

  	
   

  	
   

  	
  By

  	
   

  	
   

  	
   

  
	
  (Signature of person
  authorized to sign)

  	
   

  	
  (Signature of Contracting Officer)

  	
   

  
																					



	
   

  	
   

  	
   

  	
   

  	
   

  
	
  EXCEPTION TO SF
  30

  	
   

  	
  30-105-04

  	
   

  	
  STANDARD FORM 30 (Rev. 10-83)

  
	
  APPROVED BY OIRM
  11-84

  	
   

  	
   

  	
   

  	
  Prescribed by GSA

  
	
   

  	
   

  	
   

  	
   

  	
  FAR (48 CFR) 53.243

  



 
















 


[***]
INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT
HAS BEEN REQUESTED. 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.


 


M67854-07-D-5031


0018-08


SECTION SF 30 BLOCK 14
CONTINUATION PAGE


 


SUMMARY OF
CHANGES


 


SECTION A -
SOLICITATION/CONTRACT FORM


 


The total cost of this
contract was increased by $64,096,792 from $62,652,782.45 to $126,749,574.45.


 


SECTION B - SUPPLIES OR
SERVICES AND PRICES


 


CLIN 3329 is added as
follows:


 


	
  ITEM NO

  	
   

  	
  SUPPLIES/SERVICES

  	
   

  	
  QUANTITY

  	
   

  	
  UNIT

  	
   

  	
  UNIT PRICE

  	
   

  	
  AMOUNT

  	
   

  
	
  3329

  	
   

  	
   

  	
   

  	
  [***]

  	
   

  	
  Lot

  	
   

  	
  $

  	
  [***]

  	
   

  	
  $

  	
  [***]NTE

  	
   

  
	
   

  	
   

  	
  NRE TB Development and
  Ver/Val

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  FFP

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  The contractor shall provide
  NRE for the Development, Verification and Validation of the Technical
  Bulletins in support of the Seat Survivability Upgrade in accordance with
  FPII proposal No. FP10-0135.

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  FOB: Destination

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  MILSTRIP: M6785410RC06915

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  PURCHASE REQUEST NUMBER:
  M6785410RC069150009

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  MAX
  NET AMT

  	
   

  	
  $

  	
  [***]

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  ACRN 

  	
   

  	
  $

  	
  [***]

  	
   

  
	
   

  	
   

  	
  CIN:
  M6785410RC0691500090019

  	
   

  	
   

  	
   

  
														



 


                Workshare Professional comparison of 

interwovenSite://IMANDMS/ACTIVE/73509484/1 and 

interwovenSite://IMANDMS/ACTIVE/73509484/2. Performed on 10/25/2010.


 


2

















 


[***] INDICATES MATERIAL THAT HAS
BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. 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.


 


M67854-07-D-5031


0018-08


 


CLIN 3330 is added as
follows:


 


	
  ITEM NO

  	
   

  	
  SUPPLIES/SERVICES

  	
   

  	
  QUANTITY

  	
   

  	
  UNIT

  	
   

  	
  UNIT PRICE

  	
   

  	
  AMOUNT

  	
   

  
	
  3330

  	
   

  	
   

  	
   

  	
  [***]

  	
   

  	
  Lot

  	
   

  	
  $

  	
  [***]

  	
   

  	
  $

  	
  [***]NTE

  	
   

  
	
   

  	
   

  	
  NRE Ver/Val of Materials

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  FFP

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  The contractor shall
  provide NRE for the Verification and Validation of Material in support of the
  Seat Survivability Upgrade in accordance with FPII proposal No.FP10-0135.

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  FOB: Destination

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  MILSTRIP: M6785410RC06915

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  PURCHASE REQUEST NUMBER:
  M6785410RC069150009

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  MAX
  NET AMT

  	
   

  	
  $

  	
  [***]

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  ACRN 

  	
   

  	
  $

  	
  [***]

  	
   

  
	
   

  	
   

  	
  CIN:
  M6785410RC0691500090020

  	
   

  	
   

  	
   

  
														



 


CLIN 3331 is added as
follows:


 


	
  ITEM NO

  	
   

  	
  SUPPLIES/SERVICES

  	
   

  	
  QUANTITY

  	
   

  	
  UNIT

  	
   

  	
  UNIT PRICE

  	
   

  	
  AMOUNT

  	
   

  
	
  3331

  	
   

  	
   

  	
   

  	
  [***]

  	
   

  	
  Lot

  	
   

  	
  $

  	
  [***]

  	
   

  	
  $

  	
  [***]NTE

  	
   

  
	
   

  	
   

  	
  NRE ILS/CM Documentation

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  FFP

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  The contractor shall
  provide NRE for the ILS/CM Documentation efforts in support of the Seat
  Survivability Upgrade in accordance with FPII proposal No. FP10-0135.

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  FOB: Destination

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  MILSTRIP: M6785410RC06915

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  PURCHASE REQUEST NUMBER:
  M6785410RC069150009

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  MAX
  NET AMT

  	
   

  	
  $

  	
  [***]

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  ACRN 

  	
   

  	
  $

  	
  [***]

  	
   

  
	
   

  	
   

  	
  CIN:
  M6785410RC0691500090021

  	
   

  	
   

  	
   

  
														



 


3

















 


[***] INDICATES MATERIAL THAT HAS
BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. 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.


 


M67854-07-D-5031


0018-08


 


CLIN 3332 is added as
follows:


 


	
  ITEM NO

  	
   

  	
  SUPPLIES/SERVICES

  	
   

  	
  QUANTITY

  	
   

  	
  UNIT

  	
   

  	
  UNIT PRICE

  	
   

  	
  AMOUNT

  	
   

  
	
  3332

  	
   

  	
   

  	
   

  	
  [***]

  	
   

  	
  Lot

  	
   

  	
  $

  	
  [***]

  	
   

  	
  $

  	
  [***]NTE

  	
   

  
	
   

  	
   

  	
  NRE Engineering Design

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  FFP

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  The contractor shall
  provide NRE for the Engineering Design efforts in support of the Seat
  Survivability Upgrade in accordance with FPII proposal No. FP10-0135.

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  FOB: Destination

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  MILSTRIP: M6785410RC06915

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  PURCHASE REQUEST NUMBER:
  M6785410RC069150009

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  MAX
  NET AMT

  	
   

  	
  $

  	
  [***]

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  ACRN 

  	
   

  	
  $

  	
  [***]

  	
   

  
	
   

  	
   

  	
  CIN:
  M6785410RC0691500090022

  	
   

  	
   

  	
   

  
														



 


CLIN 3333 is added as
follows:


 


	
  ITEM NO

  	
   

  	
  SUPPLIES/SERVICES

  	
   

  	
  QUANTITY

  	
   

  	
  UNIT

  	
   

  	
  UNIT PRICE

  	
   

  	
  AMOUNT

  	
   

  
	
  3333

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  Each

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  [***]

  	
   

  
	
   

  	
   

  	
  Seat Survivability
  Production Kits

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  FFP

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  The contractor shall
  provide Seat Survivability Upgrade Production Kits in accordance with FPII
  proposal No. FP10-0135. The Unit of Issue of 1 Each is equal to 1 Kit.

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  FOB: Destination

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  NET
  AMT

  	
   

  	
  $

  	
  [***]

  	
   

  
														



 


4

















 


[***] INDICATES MATERIAL THAT HAS
BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. 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.


 


M67854-07-D-5031


0018-08


 


CLIN 3333AA is added as
follows:


 


	
  ITEM NO

  	
   

  	
  SUPPLIES/SERVICES

  	
   

  	
  QUANTITY

  	
   

  	
  UNIT

  	
   

  	
  UNIT PRICE

  	
   

  	
  AMOUNT

  	
   

  
	
  3333AA

  	
   

  	
   

  	
   

  	
  [***]

  	
   

  	
  Each

  	
   

  	
  $

  	
  [***]

  	
   

  	
  $

  	
  [***]NTE

  	
   

  
	
   

  	
   

  	
  Seat Survivability Production
  Kits

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  FFP

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  The contractor shall
  provide Seat Survivability Upgrade Production Kits in accordance with FPII
  proposal No. FP10-0135. The Unit of Issue of 1 Each is equal to 1 Kit.

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  FOB: Destination

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  MILSTRIP: M6785410RC06915

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  PURCHASE REQUEST NUMBER:
  M6785410RC069150009

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  MAX
  NET AMT

  	
   

  	
  $

  	
  [***]

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  ACRN 

  	
   

  	
  $

  	
  [***]

  	
   

  
	
   

  	
   

  	
  CIN:
  M6785410RC0691500090014

  	
   

  	
   

  	
   

  
														



 


CLIN 3333AB is added as
follows:


 


	
  ITEM NO

  	
   

  	
  SUPPLIES/SERVICES

  	
   

  	
  QUANTITY

  	
   

  	
  UNIT

  	
   

  	
  UNIT PRICE

  	
   

  	
  AMOUNT

  	
   

  
	
  3333AB

  	
   

  	
   

  	
   

  	
  [***]

  	
   

  	
  Each

  	
   

  	
  $

  	
  [***]

  	
   

  	
  $

  	
  [***]NTE

  	
   

  
	
   

  	
   

  	
  Seat Survivability
  Production Kits

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  FFP

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  The contractor shall
  provide Seat Survivability Upgrade Production Kits in accordance with FPII
  proposal No. FP10-0135. The Unit of Issue of 1 Each is equal to 1 Kit.

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  FOB: Destination

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  MILSTRIP: M6785410RC002190

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  PURCHASE REQUEST NUMBER:
  M6785410RC002190011

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  MAX
  NET AMT

  	
   

  	
  $

  	
  [***]

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  ACRN 

  	
   

  	
  $

  	
  [***]

  	
   

  
	
   

  	
   

  	
  CIN: M6785410RC0021900110012

  	
   

  	
   

  	
   

  
														



 


5

















 


[***] INDICATES MATERIAL THAT HAS
BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. 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.


 


M67854-07-D-5031


0018-08


 


CLIN 3333AC is added as
follows:


 


	
  ITEM NO

  	
   

  	
  SUPPLIES/SERVICES

  	
   

  	
  QUANTITY

  	
   

  	
  UNIT

  	
   

  	
  UNIT PRICE

  	
   

  	
  AMOUNT

  	
   

  
	
  3333AC

  	
   

  	
   

  	
   

  	
  [***]

  	
   

  	
  Each

  	
   

  	
  $

  	
  [***]

  	
   

  	
  $

  	
  [***]NTE

  	
   

  
	
   

  	
   

  	
  Seat Survivability
  Production Kits

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  FFP

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  The contractor shall
  provide Seat Survivability Upgrade Production Kits in accordance with FPII
  proposal No. FP10-0135. The Unit of Issue of 1 Each is equal to 1 Kit.

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  FOB: Destination

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  MILSTRIP: M6785410RC00125

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  PURCHASE REQUEST NUMBER:
  M6785410RC001250008

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  MAX
  NET AMT

  	
   

  	
  $

  	
  [***]

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  ACRN 

  	
   

  	
  $

  	
  [***]

  	
   

  
	
   

  	
   

  	
  CIN:
  M6785410RC0012500080005

  	
   

  	
   

  	
   

  
														



 


CLIN 3333AD is added as
follows:


 


	
  ITEM NO

  	
   

  	
  SUPPLIES/SERVICES

  	
   

  	
  QUANTITY

  	
   

  	
  UNIT

  	
   

  	
  UNIT PRICE

  	
   

  	
  AMOUNT

  	
   

  
	
  3333AD

  	
   

  	
   

  	
   

  	
  [***]

  	
   

  	
  Each

  	
   

  	
  $

  	
  [***]

  	
   

  	
  $

  	
  [***]NTE

  	
   

  
	
   

  	
   

  	
  Seat Survivability
  Production Kits

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  FFP

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  The contractor shall
  provide Seat Survivability Upgrade Production Kits in accordance with FPII
  proposal No. FP10-0135. The Unit of Issue of 1 Each is equal to 1 Kit.

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  FOB: Destination

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  MILSTRIP: M6785410RC00332

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  PURCHASE REQUEST NUMBER:
  M6785410RC003320011

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  MAX
  NET AMT

  	
   

  	
  $

  	
  [***]

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  ACRN 

  	
   

  	
  $

  	
  [***]

  	
   

  
	
   

  	
   

  	
  CIN: M6785410RC0033200110009

  	
   

  	
   

  	
   

  
														



 


6
















 


[***] INDICATES MATERIAL THAT HAS
BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. 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.


 


M67854-07-D-5031


0018-08


 


SECTION E - INSPECTION AND
ACCEPTANCE


 


The
following Acceptance/Inspection Schedule was added for CLIN 3329:


 


	
  INSPECT AT

  	
   

  	
  INSPECT BY

  	
   

  	
  ACCEPT AT

  	
   

  	
  ACCEPT BY

  
	
  Destination

  	
   

  	
  Government

  	
   

  	
  Destination

  	
   

  	
  Government

  



 


The following
Acceptance/Inspection Schedule was added for CLIN 3330:


 


	
  INSPECT AT

  	
   

  	
  INSPECT BY

  	
   

  	
  ACCEPT AT

  	
   

  	
  ACCEPT BY

  
	
  Destination

  	
   

  	
  Government

  	
   

  	
  Destination

  	
   

  	
  Government

  



 


The
following Acceptance/Inspection Schedule was added for CLIN 3331:


 


	
  INSPECT AT

  	
   

  	
  INSPECT BY

  	
   

  	
  ACCEPT AT

  	
   

  	
  ACCEPT BY

  
	
  Destination

  	
   

  	
  Government

  	
   

  	
  Destination

  	
   

  	
  Government

  



 


The following
Acceptance/Inspection Schedule was added for CLIN 3332:


 


	
  INSPECT AT

  	
   

  	
  INSPECT BY

  	
   

  	
  ACCEPT AT

  	
   

  	
  ACCEPT BY

  
	
  Destination

  	
   

  	
  Government

  	
   

  	
  Destination

  	
   

  	
  Government

  



 


The following
Acceptance/Inspection Schedule was added for CLIN 3333:


 


	
  INSPECT AT

  	
   

  	
  INSPECT BY

  	
   

  	
  ACCEPT AT

  	
   

  	
  ACCEPT BY

  
	
  Origin

  	
   

  	
  Government

  	
   

  	
  Origin

  	
   

  	
  Government

  



 


The following
Acceptance/Inspection Schedule was added for SUBCLIN 3333AA:


 


	
  INSPECT AT

  	
   

  	
  INSPECT BY

  	
   

  	
  ACCEPT AT

  	
   

  	
  ACCEPT BY

  
	
  Origin

  	
   

  	
  Government

  	
   

  	
  Origin

  	
   

  	
  Government

  



 


The following
Acceptance/Inspection Schedule was added for SUBCLIN 3333AB:


 


	
  INSPECT AT

  	
   

  	
  INSPECT BY

  	
   

  	
  ACCEPT AT

  	
   

  	
  ACCEPT BY

  
	
  Origin

  	
   

  	
  Government

  	
   

  	
  Origin

  	
   

  	
  Government

  



 


The following
Acceptance/Inspection Schedule was added for SUBCLIN 3333AC:


 


	
  INSPECT AT

  	
   

  	
  INSPECT BY

  	
   

  	
  ACCEPT AT

  	
   

  	
  ACCEPT BY

  
	
  Origin

  	
   

  	
  Government

  	
   

  	
  Origin

  	
   

  	
  Government

  



 


The
following Acceptance/Inspection Schedule was added for SUBCLIN 3333AD:


 


	
  INSPECT AT

  	
   

  	
  INSPECT BY

  	
   

  	
  ACCEPT AT

  	
   

  	
  ACCEPT BY

  
	
  Origin

  	
   

  	
  Government

  	
   

  	
  Origin

  	
   

  	
  Government

  



 


7

















 


[***] INDICATES MATERIAL THAT HAS
BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. 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.


 


M67854-07-D-5031


0018-08


 


SECTION F - DELIVERIES OR
PERFORMANCE


 


The following Delivery
Schedule item has been added to SUBCLIN 3333AA:


 


	
  DELIVERY DATE

  	
   

  	
  QUANTITY

  	
   

  	
  SHIP TO ADDRESS

  	
   

  	
  UIC

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  29-OCT-2010

  	
   

  	
  [***]

  	
   

  	
  TRAFFIC MANAGEMENT OFFICER

  TMO (M/F PROJECT CODE PLR)

  ATTN: JOHN CRUZ

  BLDG 1221 DR 20

  ALBANY GA 31704-0320

  229-639-5902 

  FOB: Destination

  	
   

  	
  M99933

  



 


	
  DELIVERY DATE

  	
   

  	
  QUANTITY

  	
   

  	
  SHIP TO ADDRESS

  	
   

  	
  UIC

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  30-NOV-2010

  	
   

  	
  [***]

  	
   

  	
  TRAFFIC MANAGEMENT OFFICER

  TMO (M/F PROJECT CODE PLR)

  ATTN: JOHN CRUZ

  BLDG 1221 DR 20

  ALBANY GA 31704-0320

  229-639-5902

  FOB: Destination

  	
   

  	
  M99933

  



 


	
  DELIVERY DATE

  	
   

  	
  QUANTITY

  	
   

  	
  SHIP TO ADDRESS

  	
   

  	
  UIC

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  31-DEC-2010

  	
   

  	
  [***]

  	
   

  	
  TRAFFIC MANAGEMENT OFFICER

  TMO (M/F PROJECT CODE PLR)

  ATTN: JOHN CRUZ

  BLDG 1221 DR 20

  ALBANY GA 31704-0320

  229-639-5902

  FOB: Destination

  	
   

  	
  M99933

  



 


	
  DELIVERY DATE

  	
   

  	
  QUANTITY

  	
   

  	
  SHIP TO ADDRESS

  	
   

  	
  UIC

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  29-JAN-2010

  	
   

  	
  [***]

  	
   

  	
  TRAFFIC MANAGEMENT OFFICER

  TMO (M/F PROJECT CODE PLR)

  ATTN: JOHN CRUZ

  BLDG 1221 DR 20

  ALBANY GA 31704-0320

  229-639-5902

  FOB: Destination

  	
   

  	
  M99933

  



 


8

















 


[***] INDICATES MATERIAL THAT HAS
BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. 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.


 


M67854-07-D-5031


0018-08


 


The following Delivery
Schedule item has been added to SUBCLIN 3333AB:


 


	
  DELIVERY DATE

  	
   

  	
  QUANTITY

  	
   

  	
  SHIP TO ADDRESS

  	
   

  	
  UIC

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  29-JAN-2011

  	
   

  	
  [***]

  	
   

  	
  TRAFFIC MANAGEMENT OFFICER

  TMO (M/F PROJECT CODE PLR)

  ATTN: JOHN CRUZ

  BLDG 1221 DR 20

  ALBANY GA 31704-0320

  229-639-5902

  FOB: Destination

  	
   

  	
  M99933

  



 


	
  DELIVERY DATE

  	
   

  	
  QUANTITY

  	
   

  	
  SHIP TO ADDRESS

  	
   

  	
  UIC

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  28-FEB-2011

  	
   

  	
  [***]

  	
   

  	
  TRAFFIC MANAGEMENT OFFICER

  TMO (M/F PROJECT CODE PLR)

  ATTN: JOHN CRUZ

  BLDG 1221 DR 20

  ALBANY GA 31704-0320

  229-639-5902

  FOB: Destination

  	
   

  	
  M99933

  



 


	
  DELIVERY DATE

  	
   

  	
  QUANTITY

  	
   

  	
  SHIP TO ADDRESS

  	
   

  	
  UIC

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  28-FEB-2011

  	
   

  	
  [***]

  	
   

  	
  TRAFFIC MANAGEMENT OFFICER

  TMO (M/F PROJECT CODE PLR)

  ATTN: JOHN CRUZ

  BLDG 1221 DR 20

  ALBANY GA 31704-0320

  229-639-5902

  FOB: Destination

  	
   

  	
  M99933

  



 


The following Delivery
Schedule item has been added to SUBCLIN 3333AC:


 


	
  DELIVERY DATE

  	
   

  	
  QUANTITY

  	
   

  	
  SHIP TO ADDRESS

  	
   

  	
  UIC

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  28-FEB-2011

  	
   

  	
  [***]

  	
   

  	
  TRAFFIC MANAGEMENT OFFICER

  TMO (M/F PROJECT CODE PLR)

  ATTN: JOHN CRUZ

  BLDG 1221 DR 20

  ALBANY GA 31704-0320

  229-639-5902

  FOB: Destination

  	
   

  	
  M99933

  



 


	
  DELIVERY DATE

  	
   

  	
  QUANTITY

  	
   

  	
  SHIP TO ADDRESS

  	
   

  	
  UIC

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  31-MAR-2011

  	
   

  	
  [***]

  	
   

  	
  TRAFFIC MANAGEMENT OFFICER

  TMO (M/F PROJECT CODE PLR)

  ATTN: JOHN CRUZ

  BLDG 1221 DR 20

  ALBANY GA 31704-0320

  229-639-5902

  FOB: Destination

  	
   

  	
  M99933

  



 


9

















 


[***] INDICATES MATERIAL THAT HAS
BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. 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.


 


M67854-07-D-5031


0018-08


 


The following Delivery
Schedule item has been added to SUBCLIN 3333AD:


 


	
  DELIVERY DATE

  	
   

  	
  QUANTITY

  	
   

  	
  SHIP TO ADDRESS

  	
   

  	
  UIC

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  31-MAR-2011

  	
   

  	
  [***]

  	
   

  	
  TRAFFIC MANAGEMENT OFFICER

  TMO (M/F PROJECT CODE PLR)

  ATTN: JOHN CRUZ

  BLDG 1221 DR 20

  ALBANY GA 31704-0320

  229-639-5902

  FOB: Destination

  	
   

  	
  M99933

  



 


	
  DELIVERY DATE

  	
   

  	
  QUANTITY

  	
   

  	
  SHIP TO ADDRESS

  	
   

  	
  UIC

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  31-MAR-2011

  	
   

  	
  [***]

  	
   

  	
  TRAFFIC MANAGEMENT OFFICER

  TMO (M/F PROJECT CODE PLR)

  ATTN: JOHN CRUZ

  BLDG 1221 DR 20

  ALBANY GA 31704-0320

  229-639-5902

  FOB: Destination

  	
   

  	
  M99933

  



 


SECTION G - CONTRACT
ADMINISTRATION DATA


 


Accounting and Appropriation


 


Summary for the Payment
Office


 


As a result of this
modification, the total funded amount for this document was increased by
$48,072,594 from $62,652,782.45 to $110,725,376.45


 


CLIN 3329:


Funding on CLIN 3329 is
initiated as follows:


 


ACRN:


 


CIN: M6785410RC0691500090019


 


Acctng Data: 17011096520 310
67854 067443 2D 6520C5


 


Total: $[***]


 


Cost Code: 0RC06915502A


 


CLIN 3330:


Funding on CLIN 3330 is initiated
as follows:


 


ACRN:


 


CIN: M6785410RC0691500090020


 


10
















 


[***] INDICATES MATERIAL THAT HAS
BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. 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.


 


M67854-07-D-5031


0018-08


 


Acctng Data: 17011096520 310
67854 067443 2D 6520C5


 


Total: $[***]


 


Cost Code: 0RC06915502A


 


CLIN 3331:


Funding on CLIN 3331 is
initiated as follows:


 


ACRN:


 


CIN: M6785410RC0691500090021


 


Acctng Data: 17011096520 310
67854 067443 2D 6520C5


 


Total: $[***]


 


Cost Code: 0RC06915502A


 


CLIN 3332:


Funding on CLIN 3332 is
initiated as follows:


 


ACRN:


 


CIN: M6785410RC0691500090022


 


Acctng Data: 517011096520
310 67854 067443 2D 6520C5


 


Total: $[***]


 


Cost Code: 0RC06915502A


 


SUBCLIN 3333AA:


Funding on SUBCLIN 3333AA is
initiated as follows:


 


ACRN:


 


CIN: M6785410RC0691500090014


 


Acctng Data: 17011096520 310
67854 067443 2D 6520C5


 


Total: $[***]


 


Cost Code: 0RC06915502A


 


SUBCLIN 3333AB:


Funding on SUBCLIN 3333AB is
initiated as follows:


 


ACRN:


 


CIN: M6785410RC0021900110012


 


11

















 


[***] INDICATES MATERIAL THAT HAS
BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. 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.


 


M67854-07-D-5031


0018-08


 


Acctng Data: 2102035MRAP 310
67854 067443 2D 2035MR


 


Total: $[***]


 


Cost Code: 0RC00219502C


 


SUBCLIN 3333AC:


Funding on SUBCLIN 3333 AC
is initiated as follows:


 


ACRN:


 


CIN: M6785410RC0012500080005


 


Acctng Data: 5793080MRAP 310
67854 067443 2D 822230


 


Total: $[***]


 


Cost Code: 0RC0012550M2


 


SUBCLIN 3333AD:


Funding on SUBCLIN 3333AD is
initiated as follows:


 


ACRN:


 


CIN: M6785410RC0033200110009


 


Acctng Data: 1701810M5XG 250
67854 067443 2D 6028C5


 


Total: $[***]


 


Cost Code: 0RC0033250N1


 


SECTION I — CONTRACT CLAUSES


 


The following has been
modified:


 


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
$48,072,594.00 dollars.


 


(b)  The maximum amount for which the Government
shall be liable if this contract is terminated is $64,096,792.00 dollars.


 


(End of clause)


 


252.217-7027 CONTRACT
DEFINITIZATION (OCT 1998)


 


(a) A Fixed Price Indefinite
Delivery/Indefinite Quantity contract is contemplated.  The Contractor agrees to begin


 


12

















 


M67854-07-D-5031


0018-08


 


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 firm price proposal and cost or pricing data supporting its proposal.


 


(b) The schedule for
definitizing this contract is as follows (insert target date for definitizing
of the contract action and-dates for submission of proposal, beginning of
negotiations, and, if appropriate, submission of the make-or-buy and subcontracting
plans and cost or pricing data).


 


	
  EVENT

  	
   

  	
  DATE

  
	
  ROM Received

  	
   

  	
  28
  July 2010

  
	
  Proposal Received

  	
   

  	
  06
  Aug 2010

  
	
  Bilateral UCA Modification
  Award

  	
   

  	
  19
  Aug 2010

  
	
  Technical Evaluation
  Received

  	
   

  	
  25
  Aug 2010

  
	
  DCAA Audit Received

  	
   

  	
  23
  Sep 2010

  
	
  Pre-Negotiation Clearance
  Approved

  	
   

  	
  17
  Oct 2010

  
	
  Negotiations Complete

  	
   

  	
  12
  Nov 2010

  
	
  Post Negotiation
  Clearances Approved

  	
   

  	
  17
  Dec 2010

  
	
  Definitive Contract
  Modifications Executed

  	
   

  	
  31
  Jan 2011

  



 


(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 Officer’s 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 Officer’s 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
delivery order in no event to exceed $64,096,792.00.


 


(End of clause)


 


(End of Summary of Changes)


 


13