AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

EX-10.6 5 a09-31166_1ex10d6.htm EX-10.6

Exhibit 10.6

[***] 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.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. Contract ID Code

Firm-Fixed-Price

Page 1 of 7

2. Amendment/Modification No.

P00013

3. Effective Date

2009SEP25

4. Requisition/Purchase Req. No.

SEE SCHEDULE

5. Project No. (If applicable)

6. Issued By Code

W56HZV

7. Administered By (If other than Item 6) Code

DCMA ATLANTA

2300 LAKE PARK DRIVE SUITE 300

SMYNRA, GA 30080

S1103A

U.S. ARMY TACOM LCMC

AMSCC-TAC-ADED

REBECCA TABOR ###-###-####

WARREN, MICHIGAN ###-###-####

HTTP://CONTRACTING.TACOM.ARMY.MIL

WEAPON SYSTEM: WPN SYS: UR

EMAIL: ***@***

SCD A

PAS NONE

ADP PT HQ0338

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

FORCE PROTECTION INDUSTRIES, INC.

9801 HIGHWAY 78 STE 3

LADSON, SC ###-###-####

TYPE BUSINESS: Large Business Performing in U.S.

9A. Amendment Of Solicitation No.

9B. Dated (See Item 11)

10A. Modification Of Contract/

Order No.

W56HZV-08-C-0028

Code: 1EFH8

Facility Code

10B. Dated (See Item 13)

2007NOV02

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

o The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer.

¨ is extended. ¨ is not extended.

Offer must acknowledge receipts 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 amendments: (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)

ACRN: AB NET INCREASE: $25,872,611.52

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

KIND MOD CODE: 6

It Modifies The Contract/Order No. As Described In Item 14.

This Change Order Is Issued Pursuant To:

The Contract Order No. In Item 10A.

The Changes Set Forth In Item 14 Are Made In

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).

This Supplemental Agreement Is Entered Into Pursuant To Authority Of:

Other (Specify type of modification and authority) Exercise Option

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

14.

Description Of Amendment/Modification (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

SEE SECOND PAGE FOR DESCRIPTION

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)

VICTOR J. VAUGHN

***@*** (586 ###-###-####

15B. Contractor/Offeror

15C. Date Signed

16B. United States Of America

16C. Date Signed

/SIGNED/

2009SEP25

(Signature of person authorized to sign)

(Signature of Contracting Officer)

NSN 7540-01-152-8070	30-105-02	STANDARD FORM 30 (Rev. 10-83)
PREVIOUS EDITIONS UNUSABLE		Prescribed by GSA FAR (48 CFR) 53.243

SECTION A - SUPPLEMENTAL INFORMATION

1. The purpose of this Modification P00013 to Contract W56HZV-08-C-0028 is to incorporate the following into this contract:

SECTION B:

a) CLIN 2101: Correct NSN 2355-01-567-4930.

b) Exercise Option CLIN 2101AB, [***] each Buffalo A2 Vehicles, NTE: $[***], Undefinitized: $[***].

c) Exercise Option CLIN 2101AC, [***] each Buffalo A2 Vehicles, NTE: $[***], Undefinitized: $[***].

SECTION I:

Change Clause 52.216-24, Limitation of Government Liability accordingly.

2. As a result of this modification, the total dollar amount of the contract is increased by $25,872,611.52 from $81,685,052.35 to $107,557,663.87. The Not to Exceed amount for this contract is increased by $52,801,248.00 from $103,254,015.00 to $156,055,263.00.

3. The FAR Clause 52.216-24, Limitation of Liability, applies to CLINs 1200AA, 1200AG, 1200AH, 1201AA, 1202AA, 2100AA, 2101AA, 2101AB and 2101AC only.

4. All other contract terms and conditions remain unchanged and in full force and effect.

*** END OF NARRATIVE A0016 ***

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

1201

NSN: 2320 ###-###-####
SECURITY CLASS: Unclassified

1201AA

FIRST ORDERING PERIOD

[***]

$ UNDEFINITIZED

[***]

NOT TO EXCEED

[***]

NOUN: BUFFALO A2 ([***] EA)
PRON: P186M0972T PRON AMD: 01 ARCN: AB
AMS CD: 51108360009

Packaging and Marking

Inspection and Acceptance

INSPECTION: Origin

ACCEPTANCE: Origin

Deliveries or Performance

DOC
REL CD

MILSTRIP

SUPPL
ADDR

SIG CD

MARK FOR

TP CD

001

W56HZV8294G800

Y00000

DEL REL CD

QUANTITY

DEL DATE

001

29-MAY-2009

002

30-JUN-2009

FOB POINT:

Origin

SHIP TO:

(Y00000)

SHIPPING INSTRUCTIONS FOR CONSIGNEE (SHIP-TO) WILL BE FURNISHED PRIOR TO THE SCHEDULED DELIVERY DATE FOR ITEMS REQUIRED UNDER THIS REQUISITION.

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

2101

NSN: 2355 ###-###-####
FSCM: 1EFH8
PART NR: B6EAD
SECURITY CLASS: Unclassified

2101AB

SECOND ORDERING PERIOD

[***]

$ UNDEFINITIZED

[***]

NOT TO EXCEED

[***]

NOUN: MPCV BUFFALO A2

PRON: P196M0612T PRON AMD: 01 ACRN: AD

AMS CD: 51108360009

Packaging and Marking

Inspection and Acceptance

INSPECTION: Origin

ACCEPTANCE: Origin

Deliveries or Performance

DOC
REL CD

MILSTRIP

SUPPL
ADDR

SIG CD

MARK FOR

TP CD

001

W56HZV9225G800

Y00000

DEL REL CD

QUANTITY

DEL DATE

001

[***]

28-FEB-2010

002

[***]

31-MAR-2010

FOB POINT:

Destination

SHIP TO:

(Y00000)

SHIPPING INSTRUCTIONS FOR CONSIGNEE (SHIP-TO) WILL BE FURNISHED PRIOR TO THE SCHEDULED DELIVERY DATE FOR ITEMS REQUIRED UNDER THIS REQUISITION.

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

2101AC

SECOND ORDERING PERIOD

[***]

$ UNDEFINITIZED

[***]

NOT TO EXCEED

[***]

NOUN: MPCV BUFFALO A2

PRON: P196M0582T PRON AMD: 03 ACRN: AD

AMS CD: ###-###-####

Packaging and Marking

Inspection and Acceptance

INSPECTION: Origin

ACCEPTANCE: Origin

Deliveries or Performance

DOC
REL CD

MILSTRIP

SUPPL
ADDR

SIG CD

MARK FOR

TP CD

001

W56HZV9209G800

Y00009

DEL REL CD

QUANTITY

DEL DATE

001

[***]

31-MAR-2010

002

[***]

30-APR-2010

003

[***]

28-MAY-2010

004

[***]

30-JUN-2010

005

[***]

30-JUL-2010

006

[***]

31-AUG-2010

FOB POINT:

Destination

SHIP TO:

(Y00000)

SHIPPING INSTRUCTIONS FOR CONSIGNEE (SHIP-TO) WILL BE FURNISHED PRIOR TO THE SCHEDULED DELIVERY DATE FOR ITEMS REQUIRED UNDER THIS REQUISITION.

SECTION G - - CONTRACT ADMINISTRATION DATA

PRON/

LINE

AMS/CD/

OBLG STAT/

INCREASE/DECREASE

CUMULATIVE

ITEM

MIPR

ACRN

JOB ORD NO

PRIOR AMOUNT

AMOUNT

2101AB

P196M0612T

0.00

[***]

51108360009

9ZCMB1

P19P50091CBBA

2101AC

P196M0582T

0.00

[***]

51108360009

9ZCMB5

P19P50091CBMS

NET CHANGE

[***]

SERVICE

NET CHANGE

ACCOUNTING

INCREASE/DECREASE

NAME

BY ACRN

ACCOUNTING CLASSIFICATION

STATION

AMOUNT

Army

21 92035000091C1C09P51108331E1

S20113

W56HZV

[***]

NET CHANGE

[***]

	PRIOR AMOUNT		INCREASE/DECREASE		CUMULATIVE
	OF AWARD		AMOUNT		OBLIG AMT
NET CHANGE FOR AWARD:	$	[]*	$	[]*	$	[]*

ACRN	EDI ACCOUNTING CLASSIFICATION
AD	21 091120350000	S20113	91C1C095110836000931E1	9ZCBM1S20113 W56HZV
AD	21 091120350000	S20113	91C1C095110836000931E1	9ZCBM5S20113 W56HZV

SECTION I - CONTRACT CLAUSES

	Status	Regulatory Cite	Title	Date

I-1	CHANGED	52.216-24	LIMITATION OF GOVERNMENT LIABILITY	APR/1984

(a) In performing this undefinitized contract action, the Contractor is not authorized to make expenditures or incur obligations exceeding $76,467,078.87 dollars.

(b) The maximum amount for which the Government shall be liable if this undefinitized contract action is terminated is $156,055,263.00 dollars.

(End of clause)