MTC-T OTA Prototype Project Agreement

PROTOTYPE PROJECT AGREEMENT

Concerning

Mobile Tactical Cannon – Tracked (MTC-T) set: Mobile Tactical Cannon Self Propelled Howitzer (MTC-T SPH) and Resupply Vehicle – Tracked (RSV-T)

Other Transaction Prototype Project under 10 U.S.C. §4022

BETWEEN

{Vendor Name}{Vendor Address}{Vendor CAGE Code}
AND
The Government:
United States Army Contracting Command – Detroit Arsenal (ACC-DTA)

Controlled by: ACC-DTA
POC: Mrs. Betty Bundoc, (571) 588-1541

DISTRIBUTION STATEMENT A. Approved for public release: distribution unlimited.

GENERAL INFORMATION

This Fixed Price Prototype Project Agreement (PPA) results from a competitive solicitation, evaluation, and selection process. Under this PPA, the identified contractor shall serve as a collaborative partner with the Government. This bi-laterally executed PPA is between the Contractor and the Government. This PPA, to include all attachments and appendices, describes the rights, duties, obligations, and privity of contract between the parties. The Contractor shall be responsible for performance of the work set forth in the PPA and associated attachments and appendices, as agreed upon by the Government and the Contractor. The Government’s designated Agreements Officer Representative (AOR) for the specific project will serve as the Government technical point of contact.

By executing this PPA, the Contractor, and the Government (referred to collectively as “Parties”) hereby agree that the Parties shall adhere to all terms and conditions described herein and in the associated attachments and appendices to the PPA, to include the non-negotiable general terms and conditions listed in Appendix A – Project Articles (entirety), and Appendix B – Project Other Terms and Conditions.

Order of Precedence and Remedies. This Agreement consists of the main body of this Prototype Project Agreement (PPA) and its incorporated attachments and appendices, including the Project Articles. In the event of any conflict, inconsistency, or ambiguity between the main body of this PPA and any attachment or appendix, the terms shall be interpreted to preserve the Government's maximum legal remedies. Notwithstanding any other clause in this Agreement, the Government's unilateral right to terminate this transaction for cause or convenience, as detailed in the Project Articles, shall take precedence over any other remedy or provision.

PRODUCTION FOLLOW-ON ACTIVITIES

Pursuant to 10 USC §4022(f), “a follow-on production contract or transaction may be awarded to the participants of the transaction without the use of competitive procedures…..if A) competitive procedures were used for selection of the parties for participation in the transactions; and B) the participants in the transaction successfully completed the prototype project provided for in the transaction.”