20R1690 MCTCU Draft SOW.pdf

Marine Corps Tropical Combat Uniform (MCTCU)

DRAFT STATEMENT OF WORK

1. SCOPE. Program Manager, Infantry Combat Equipment (PM

ICE), Marine Corps Systems Command (MCSC), has a requirement for a government-designed, Berry Amendment compliant, Marine Corps

Tropical Combat Uniform (MCTCU). The MCTCU is a modification of the current Marine Corp Combat Utility Uniform (MCCUU). The design and fabrics have been modified to increase mobility and reduce thermal strain in a hot, humid and wet environment. The

MCTCU consists of one blouse and one trouser printed in the

Woodland MARPAT™ camouflage pattern. The blouse and trouser are constructed with a five ounce 50/50 nylon/cotton plain weave basic material constructed using a continuous filament high tenacity nylon yarn twisted with a cotton singles yarn. The blouse and trouser include woven, nylon reinforced patches compliant to MIL-DTL-32439, type IV, class 1, style E fabric for the elbows, seat and knees.

The MCTCU blouse and trousers use the same government owned design as the MCCUU MIL-PRF-MCCUU REV E dated 01 Jul 2016 with the addition of a crotch gusset (approximately 7 inch in length by 3 inch in width) and larger belt loops (1 ± 1/8 inch wide).

Each blouse and trouser must be factory permethrin treated as established in the MCTCU specification. The permethrin treatment process of the garment shall comply with Environmental

Protection Agency (EPA) Federal Insecticide, Fungicide, and

Rodenticide Act (FIFRA) and EPA Product Performance Test

Guidelines. The permethrin treatment shall not degrade any performance characteristic of the garments or present any latent defects to garment.

The vast majority of Marines fit within the size tariff contained within the MCTCU Purchase Description, MIL-PRF-MCTCU

(Attachment 1); however, there will be a small number of individuals (estimated between 1-10 per year) who will routinely require a special size. These individuals may require a special measurement MCTCU and the Contractor shall have the flexibility to accommodate this special measurement requirement.

The Contractor shall furnish the services, personnel, facilities, equipment and materials required to produce and deliver the MCTCU ordered under this contract in accordance with the MIL-PRF-MCTCU (Attachment 1) and the required delivery schedule under Section F. The Contractor shall further accomplish any additional requirements set forth in this statement of work.

1.1 Background. The United States Marine Corps (USMC) has a

requirement for a utility uniform that is lighter weight, faster drying and air permeable. Under the cognizance of PM ICE, MCSC developed the MCTCU to meet this capability. The MCTCU will increase the survivability and mobility of the individual Marine supporting Overseas Contingency Operations (OCO) and training in hot and humid environments, increasing the Marine's lethality in combat. Initial Acquisition Objective for the MCTCU is projected at 70,000 uniform sets, with a uniform set consisting of one blouse and one pair of trousers.

2 APPLICABLE DOCUMENTS. The following documents form a part of this SOW to the extent specified herein. All parties shall use the most recent revision of the referenced document at the time of contract, unless otherwise specified. All government document issue dates are those listed in ASSIST database and are available at http://quicksearch.dla.mil/. In the event of conflict between the applicable documents and this SOW, the SOW shall take precedence. Nothing in this document, however, supersedes applicable laws and regulations unless a specific exemption has been obtained. While the Government has made every effort to ensure the completeness of this list, documents may be referenced in the SOW that are not included below.

Contractors shall meet all specified requirements cited in this

SOW regardless of whether or not an applicable referenced document is listed below.

2.1 Government documents.

FED-STD-313 x/CN #1 Maternial Safety Data, Transportation Data and Disposal Data for Hazardous Materials Furnished to

Government Activities

MIL-DTL-32439 Cloth, Duck, Textured Nylon

MIL-HDBK-61 Configuration Management Guidance

MIL-STD-129P, Military Marking for Shipment and Storage

MIL-STD-130N, Standard Practice Identification Marking of U.S.

Military Property

MIL-STD-882E Standard Practice for System Safety http://quicksearch.dla.mil/

2.2. Other government documents and patterns. The

Government will provide the Government Furnished Information

(GFI) identified below to the Contractor.

MIL-PRF-MCTCU Specification, Uniform, Tropical, Camouflage

Pattern; Marine Corps (Blouse and Trousers)(Attachment 1)

MIL-PRF-MCTCU Patterns (upon request)

2.3 Non-Government documents.

ASTM-D-3951, Standard Practice for Commercial Packaging

ANSI/ASQ Z1.4, American National Standard, “Sampling

Procedures and Tables For Inspection by Attributes” National

Aerospace Standard (NAS) 411

3 GENERAL INFORMATION.

3.1 Organizational Conflict of Interest (OCI). PM ICE may

use Contractor and Subcontractor personnel to perform work in support of this contract. These personnel will have access to, or participate in, the review of proprietary information (e.g.

specifications, or work statements) which may create a current or subsequent OCI as defined FAR Subpart 9.5, Organizational and

Consultant Conflicts of Interest. As necessary, the Contracting

Officer will identify and evaluate potential OCI and resolve IAW

FAR 9.5.

3.2 Intellectual Property. The USMC owns the patent

rights in and to the design (ornamental) and the functional features of the MARPATTM. Furthermore, the USMC owns trademark rights in the MARPATTM. Still further, the patterns including, but not limited to, the MARPATTM, and each item including, but not limited to, the documents, materials and information, and all associated intellectual property, created, generated or produced in association with this effort are the sole property of the U.S. Government and not the contractor. Therefore, without the prior written permission of the contracting officer neither the MARPAT nor any other data, documents, materials and/or information created or provided expressly for the contract shall be used by the contractor (to include its subcontractors and suppliers) for any purpose other than those purposes that are in support of, or for its performance under, the contract.

3.3 Other uses of the USMC Trademarks. In the event

that a contractor is interested in seeking permission to use the

MARPATTM for other purposes, or is seeking to use other Marine

Corps trademarks/service marks not described herein, please contact the Marine Corps Trademark Licensing Office through its website at:

http://www.marines.mil/unit/divpa/tmlo/pages/welcome.aspx

3.4 MARPAT fabric patterns. The MIL-PRF-MCTCU

(Attachment 1) refers to MARPAT fabric patterns. MARPAT designs are patented and may not be reproduced for commercial purposes without the permission of the USMC.

3.5 Government Furnished Information (GFI). The Government

will provide the Government Furnished Information (GFI) identified below to the Contractor. The Contractor shall secure, store, and account for the GFI. The Contractor shall inspect and inventory all GFI and report any discrepancies and deficiencies as well as any associated costs (e.g., materials, labor, and tests) to repair the GFI to like-new conditions. As part of the (Government Furnished Information (GFI)- MCTCU

Specification and/or MCTCU Patterns distribution process, the contractor's accessing of any of the GFI-Specification and/or

Patterns is a confirmation of the contractor's agreement to the following: “The contractor, to include its subcontractors and suppliers, agrees that it shall not, without the express written permission of the Government, use, modify, reproduce, release, perform, or display any of the GFI-Specification and/or Patterns for any commercial purpose or disclose any of the GFI-

Specification and/or Patterns to a person other than its subcontractors, suppliers, or prospective subcontractors or suppliers, who require any of the GFI- Specification and/or

Patterns to submit offers for, or perform, contracts under this effort.”

MIL-PRF-MCTCU Specification, Uniform, Tropical, Camouflage

Pattern; Marine Corps (Blouse and Trousers)(Attachment 1)

MIL-PRF-MCTCU Patterns (Attachement 2)

4 REQUIREMENTS.

4.1 General. The Contractor shall perform all tasks

delineated in this statement of work including providing all materials, equipment, hard tooling, personnel, and facilities necessary to manufacture, fabricate, integrate, produce, and http://www.marines.mil/unit/divpa/tmlo/pages/welcome.aspx deliver First Article Test items, production of MCTCU’s inaccordance to MIL-PRF-MCTCU (attachment 1) , and data item deliverables as specified by the contract, Section J attachments, and individual delivery orders.

4.2 Program, subcontractor, and data management.

4.2.1 Program management. The contractor shall designate

a single individual to serve as the primary point of contact

(POC) between the Government and Contractor, who shall be responsible for coordinating all contractor activities related to this contract. This individual shall have the authority to commit the Contractor to specific courses of action and accept direction from the Contracting Officer, or from the Contracting

Officer's authorized representative(s). This individual shall be responsible for coordinating all meetings between the Government and Contractor; shall be responsible for immediately bringing to the Contracting Officer's attention any conflicts in the

Contractor's interpretation of the contract requirements (first by telephone verbal notification, to be followed by written notification); and shall be responsible for bringing to the

Contracting Officer's attention any problems that could adversely affect the Contractor's ability to meet the contract quality, cost, production/delivery schedule, or other performance requirements. The Contractor shall submit Progress, Status and Management Reports monthly to the contractor specialist with a copy to the project officer.

Contractor’s Progress, Status and Management Report – CDRL A001

4.2.2 Subcontractor Management. The Contractor is

responsible for performance of requirements delineated in this

SOW and shall institute appropriate management actions relative to subcontractor performance. Contractually specified requirements shall apply to subcontractor performance; however, the Contractor shall be accountable for subcontractor compliance and is ultimately responsible for ensuring all deliverable products comply with the contract requirements.

4.2.3 Data Management. The contractor shall establish a

single, centralized system for management of all data required under this contract. The Government reserves the right to review all data associated with and developed for the MCTCU and to require delivery of any such data.

4.3 Meetings, formal reviews, conferences, and audits.

4.3.1 Post Award Conference. At request of the

Government, the contractor shall host a Post Award Conference

(PAC) at their facility no later than 30 days after contract award. The PAC is for the Contractor to demonstrate to the

Government its production, quality control, and management procedures for producing the MCTCU, and for the Government and

Contractor to discuss any specialty areas deemed pertinent at that time, and to ensure mutual understanding of contract requirements. The Contractor shall ensure its key operations and management personnel attend the PAC. The contractor shall provide a meeting agenda prior to conference start as well as provide meeting minutes for Government approval after conference completion.

Conference and meeting agenda - CDRL A002

Conference and meeting minutes – CDRL A003

4.3.2 Production Readiness Review (PRR). A PRR shall occur

after FAT and prior to the start of full rate production. The review will include an evaluation of quality management documents and processes, production lines and processes, supply chain management and material availability, and other topics as necessary to determine if the Contractor is ready to proceed into full rate production. The Contractor shall declare their production readiness and document their readiness levels in a briefing to the Government in support of their production readiness declaration. The Contractor shall present to the

Government, as part of their presentation, internal audits records (e.g. internal reports of their Quality Management

(QMS), Purchase Orders, Configuration Management System, Internal Audits of their subcontractor, and their readiness level for production). The briefing shall address the following:

(a) Adequacy and stability of the supply chain during the Period of Performance (PoP) of the contract

(b) Program is properly staffed with qualified production, quality (engineers and inspectors), and manufacturing personnel

(c) Product acceptance system, including acceptance test procedures and associated equipment, has been validated and put under configuration control

(d) Production facilities are ready and required personnel are trained

(e) Delivery schedule is executable (technical/cost risks, long lead items)

(f) Drawing/pattern and manufacturing work instructions are ready, validated, and released to the appropriate subcontractor and supplier; certification that all documentation are under the configuration control and available for Government inspection/verification

Conference and meeting agenda – CDRL A002

4.3.3 In-Process Reviews (IPRs) and status meetings. The

IPRs will be held on an as needed basis at the contractor location. Status meetings generally are held only when the

Contractor is in production to meet delivery orders issued under the contract. Teleconference topics for status meetings such as complying with contract requirements, identifying and resolving problems, and assessing manufacturing performance. The contractor shall deliver meeting agendas and meeting minutes for

Government approval.

Conference and meeting agenda - CDRL A002

5. ENVIRONMENTAL, SAFETY and OCCUPATIONAL HEALTH.

5.1 System Safety. The Contractor shall evaluate any

environmental, safety, and health hazards; and define associated risk levels. The Contractor shall also establish a program that reduces the probability and severity of all hazards associated with development, use, and disposal of the MCTCU in accordance with MIL-STD-882E. Residual risks will be evaluated by the

Government in accordance with MIL-STD-882E and accepted as appropriate prior to exposing people, equipment, or the environment to known system related Environment, Safety, and

Occupational Health (ESOH) risks. The Contractor shall make available all ESOH documentation for the Government’s review upon request.

5.1.1 Health hazard assessment. The Contractor shall perform, document, and deliver a Health Hazard Assessment Report (HHAR) to identify health hazards, evaluate hazardous materials, and propose protective measures to reduce the associated risk.

Health Hazard Assessment Report (HHAR) – CDRL A004

5.2 Safety Data Sheets. The Contractor shall deliver all Safety

Data Sheets (SDSs) to the Government for review. A copy of the

SDSs are required in accordance with FED-STD-313E.

SDS, Safety Data Sheets – CDRL A005

5.3 Environmental considerations. The Contractor shall

deliver information on the potential for any adverse environmental impacts from manufacturing, operating, maintaining, and disposing the MCTCU. The Government will use this information for a preliminary National Environmental Policy

Act (NEPA) decision and to prepare formal NEPA documents, which include the Categorical Exclusion (CATEX), Environmental

Assessment (EA) and Environmental Impact Statement (EIS).

Environmental impacts include air, soil, wetlands, water, flora, fauna, endangered species, emissions and toxic waste resulting from development, maintenance (coatings and primers), operation, disposal, etc.

Technical Report, Study/Services (Environmental Considerations) –

CDRL A006

6 TEST AND EVALUATION. The Government plans to conduct several stages of testing to ensure the MCTCU meets the performance specification requirements.

6.1 First Article Test. The Government will conduct First

Article Tests in accordance with FAR 52.209-4 First Article

Approval – Government Testing to verify the MCTCU meets all

Government requirements in the detailed specification. The contractor shall ensure that FAT manufacturing is distributed as uniformly as possible over the machinery and tooling it intends on using for lot production. The Contracting Officer will notify the Contractor, in writing, of the approval, conditional approval, or disapproval of the first article. If FAT is approved, the Contractor will be authorized to proceed into production. The notice of conditional approval or disapproval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. The Contractor shall be responsible for costs associated with additional uniforms that may be required for FAT beyond those shown in the FAT CLIN (CLIN 0001).

The Government will travel to the contractor facility and inspect garments for defects pre and post Permethrin treatment.

All production quantities submitted after approval of the

First Article Test shall be produced using the same raw material suppliers, materials, processes, procedures, equipment and facilities that resulted in the manufacture of the acceptable

First Article Test items. This includes all raw materials and/or sub-components. Contractors desiring to make changes to approved First Article Test items, to include raw material supplier and production processes, must request in writing and receive written approval from the Contracting Officer prior to use. The Contracting Officer, along with the Government Project

Officer, will determine if the request is approved or disapproved and if a new First Article Test is required.

6.1.1 First Article Test Requirements (FAT). The

Contractor shall deliver a minimum of (60) FAT samples listed below MCTCU in the sizes indicated for verification no later than 60 days after contract award.

Blouse and trouser

Sample Size Quantity Length

1 X-Small 10 Regular

2 Small 10 Short

3 Medium 10 Regular

4 Large 10 Long

5 X-Large 10 X-Long

6 XX-Large 10 Long

The Government will conduct FAT in accordance with FAR 52.209-4

First Article Approval – Government Testing (clause is included in full text in Section I of this contract) and the MCTCU MIL-PRF-

MCTCU specification.

6.1.2 Conditional FAT Approval. If the Contracting

Officer authorizes a Conditional FAT Approval, requirements that have been met with exceptions during FAT and any failures noted during FAT not relating to mandatory source items (e.g., workmanship issues on the MCTCU, labeling issues) shall be corrected prior to the start of production. For failures noted relating specifically to mandatory source item quality issues, the Contractor shall submit waivers addressing those items and must receive approval of those waivers prior to beginning production. After receipt of a Conditional FAT approval letter detailing FAT findings, the Contractor shall deliver a Failure

Analysis and Corrective Action Report (FACAR) which must be approved by the Government prior to the Contractor beginning production. All costs related to any additional FAT testing that may be required shall be borne by the Contractor. After correction of all issues, the Contracting Officer will issue a final FAT approval letter authorizing the Contractor to proceed into production.

Failure Analysis Corrective Action Report (FACAR) – CDRL A007

6.1.3 FAT disapproval. If the FAT is disapproved, the

Contracting Officer will detail the findings in the FAT Disapproval

Letter. After receipt of a FAT Disapproval Letter, the Contractor shall deliver a FACAR addressing the findings which must be approved by the Government prior to the Contractor beginning production. All costs related to any additional FAT testing that may be required shall be borne by the Contractor.

6.2 Confirmation testing. After approval of FAT, any changes

below the product baseline may require a Government approved confirmation test. Additionally, any proposed changes in equipment/tooling (hardware or software) replacement or modifications, equipment additions, and changes in equipment location will require Government approved confirmation testing.

The Government will determine if additional testing is required and what that additional testing will encompass based on the scope of the change. Contractors shall notify the Government in writing in advance of any planned changes.

7 CONFIGURATION MANAGEMENT.

7.1 Configuration management process. The Contractor shall

maintain a Configuration Management (CM) process for the control of raw material utilized in the MCTCU with what is approved by the

Government in accordance with First Article Test requirements.

The Contractor shall furnish, with FAT and with each lot submitted to the government, the associated raw material traceability matrix to include raw material supplier Certificates of Conformance (CoC) and lots of raw material used in each lot presented to the

Government. The Contractor’s CM process shall consist of configuration identification and configuration control of all raw materials utilized in the production of the MCTCU. The CM process shall interface with other acquisition requirements such as design review, quality assurance, and other program related disciplines shall be addressed. The government reserves the right to request verification testing of conformance or conduct QA and / or verification testing against any or all requirements of the contract and or its specifications at any time as a condition of acceptance. Testing may be performed at either a government or commercial test facility; this decision is up to the government.

Any change in CoC’s or variance must be approved in writing by the

Contracting Officer. The furnishment of CoC to the government does not absolve the Contractor the responsibility of ensuring compliance with MIL-PRF-MCTCU (Attachment 1) and the terms of this

SOW.

7.1.1 Configuration identification. At the Post Award

Conference, the Contractor shall propose Configuration Items (CIs) for Government control and those to be managed by the Contractor at a lower level/tier. For the CIs under Government control, the

Contractor shall provide form, fit, function, and interface documentation necessary for configuration status accounting. The

Contractor shall establish management practices for the lower level/tier CIs.

7.1.2 Configuration status accounting. The Contractor shall

establish and maintain a CSA database and deliver CSA Information, reflecting the MCTCU configuration. All baselines and changes shall be documented in the Contractor’s CSA Information. The

Contractor's CSA Information shall reconcile any differences between the supplier information and Contractor practices to provide the Government with clear accountability of product information. Additionally, the CSA Information shall be a reliable source for support test activities, including program management, systems engineering, logistics support, modification and maintenance actions.

Configuration Status Accounting (CSA) Information – CDRL A008

7.2 Baseline Management. Upon contract award, the

contractor shall freeze the configuration of the MCTCU. The contractor shall be responsible for maintaining the currency and accuracy of the established baseline to ensure form, fit, and function of the MCTCU. The contractor shall have configuration management plan documenting the process for managing the baseline and tracking of any approved changes to the baseline.

The contractor’s configuration management plan and baseline configuration shall be provided to the government at contract award. The revised change log shall be provided to the government after implementation of any approved change along with a representative sample of the revised configuration. The baseline, change log and production representative sample shall also be maintained at the contractor’s facility.

Configuration Management Plan – CDRL A009

7.2.1 Product baseline. The Contractor shall establish

the product baseline by the successful completion and Government acceptance of FAT. The product baseline shall describe all the necessary physical characteristics of the MCTCU to include all verifications required to demonstrate MCTCU meets all required dimension ald performance parameters. The Contractor shall change the product baseline only through the submission and government approval of an Engineering Change Proposal (ECP) process or Request for Deviation.

7.2.1.1 Bill of Materials(BOM). For the MCTCU, the

Contractor shall deliver to the Government a Bill of Materials

(BOM) and drawings documenting all materials and components that comprise the MCTCU to identify Configuration Items for CM. The

BOM shall contain the material or component supplier. All materials or components with a shelf life shall note their respective shelf life accordingly.

Bill of Materials – CDRL A010

7.3 Functional baseline. The MCTCU specification and

associated government-furnished drawings establish the functional baseline.

7.4 Configuration control. The Contractor shall implement

configuration control methods and procedures to maintain the integrity and traceability of an established baseline. The

Contractor may only change established baselines upon Government approval of ECPs and Requests for Deviation (RFD). The

Contractor shall include sufficient supporting data to evaluate the proposed change, such as drawings, supplemental drawings, sketches, specifications, or manufacturer's data sheets, with the

ECPs and RFDs.

Request For Deviation (RFD) – CDRL A011

7.5 Engineering Change Proposals (ECP). The Contractor

shall submit ECPs as data deliverables. MIL-HDBK-61 provides guidance concerning the classification of ECPs. After the product baseline is established, all ECPs shall be submitted and processed in accordance with the MCTCU CM Plan incorporated as

Attachment 04 of Section J to this contract. The Government will review each ECP upon receipt and notify the Contractor in writing of approval/disapproval. For Class I ECPs, approval of the ECP grants the Contractor the authority to proceed to testing only. Based on the test results obtained, the

Government will decide whether or not to proceed with permanent implementation of the change. The Contractor will be notified of this decision via separate formal correspondence.

Engineering Change Proposal (ECP) – CDRL A012

7.5.1 ECP Required Data. If there are no costs to the

Government associated with the change, the Contractor shall fill out DD Form 1692/1, Aug 96 Blocks 1-36 for Government review.

If there are costs to the Government associated with the change, the Contractor shall fill out Block 51 columns a-e identifying the funding required for the engineering change. Block 51 column f will be reserved for the Government to estimate costs outside the contract (i.e. government lab testing, additional

GFP, etc.). The Contractor shall submit ECPs, to include supporting documentation, to the Government PCO as a Portable

Document Format (PDF). Upon ECP approval, the Government will modify the contract to add the ECP as an attachment.

7.5.1.1 ECP Cost Responsibility. The Contractor shall fund

all ECP implementation up to its contractual responsibilities established in the Functional Baseline, Product Baselines, and this SOW. It is the Contractor’s responsibility to resource the manufacturing of test items and testing required for ECP approval at commercial testing facilities. Commercial testing facilities must meet the minimum criteria outlined in the

Performance Specification.

7.5.2 Requests for Deviation. The Contractor shall process

any RFVs from approved configuration documentation. Authorized variances are a necessary temporary departure from the specified baseline requirements and do not constitute a change in the approved baseline. The Contractor shall minimize recurring variations. For permanent changes, the Contractor shall process an ECP. EIA-649 Configuration Management for DoD provides guidance concerning the classification and processing of RFDs.

Request for Deviation (RFD) – CDRL A011

7.5.2.1 RFD required data. The Contractor shall populate

a DD Form 1694, Mar 2016 (EG), filling out Blocks 1-25 for

Government review. If there are costs to the Government associated with the variance, the Contractor shall specify the cost information as an attachment to the DD Form 1694. Block 19 will be reserved for the Government to estimate costs outside the contract (e.g., government lab testing, additional GFP, etc.). The Contractor shall deliver RFDs, to include supporting documentation, to the Government PCO as a PDF. Upon RFV approval, the Government will modify the contract to add the RFD as an attachment.

Request for Deviation (RFD) – CDRL A011

7.5.1.2 RFD cost responsibility. The Contractor shall

fund all RFD implementation up to its contractual responsibilities established in the Functional Baseline, Product

Baselines, and this statement of work. The Contractor shall resource the manufacturing of test items and qualification testing (if required) at commercial testing facilities.

Commercial testing facilities must meet the minimum criteria outlined in the Performance Specification.

7.6 Notices of Revision. The Contractor shall generate

and deliver Notices of Revisions (NORs) as well as any supporting documentation when technical documentation controlled by another Contractor or Government agency requires changes following approval of an ECP.

Notice of Revision (NOR) – CDRL A013

7.7 Quality Management System (QMS). The Contractor shall

have a Quality Management System (QMS) that meets the requirements of Quality stated in FAR 52.246-11, Higher Level

Contract Quality Requirement, to ensure the product conform to contractual requirements. The Contractor shall monitor, assess, and audit raw material quality, product performance, and reliability at all subcontractor and supplier facilities. The

Government reserves the right to audit products and processes, as well as the QMS at any stage of contract performance. The

Contractor shall make available all quality management documentation for the Government’s review upon request.

The Contractor and subcontractors shall calibrate all test, inspection, measurement, and diagnostic equipment, to include all accessories and ancillary equipment in accordance with

ANSI/NCSL Z540.3-2006 or equivalent. The Contractor shall provide a Certification of Conformance (CoC) or equivalence within ten working days of the contract award.

The Contractor shall provide CoCs and supporting test data for all components and material performance as stated in the

Performance Specification to DCMA at the time it presents FAT and LAT samples for Inspection and Acceptance. The Contractor shall attach all CoCs and supporting test results to the DD1222.

7.7.1 Subcontractors and Suppliers. The Contractor shall be

responsible for work performed by its subcontractors and suppliers, including any inspections and tests. The Contractor shall convey to its subcontractors and suppliers that all applicable quality requirements; associated specifications; and all contractual requirements applicable to the component, materials, and spare parts. The Contractor shall also verify its subcontractors’ and suppliers’ compliance for the contract’s the period of performance. The Contractor shall allow the

Government to enter the Contractor’s or any subcontractor or supplier facility for the purpose of audits, production surveillance, verification, and observation during contract performance. The Government’s right to audit, conduct production surveillance and verification, or observe performance does not relieve the Contractor of its contractual obligations.

7.7.2 Quality Manual/Quality Program Plan. The Contractor

shall establish and maintain a Quality Manual compliant with the requirements of ISO 9001:2015 or higher Industry Standard for

QMS. The Contractor shall submit the Quality Program

Plan/Quality Manual for Government review and acceptance as specified in the CDRL. The Quality Manual must include: the scope of the QMS, the documented procedures established for the

QMS, and a description of the interaction between the processes of the QMS. The contractor shall submit in entirety all procedures describing the activities for implementing the system.

Quality Program Plan (QPP) – CDRL A014

8. PRODUCTION LOT QUALITY ACCEPTANCE TESTING.

8.1 Testing. Items produced shall be subject to the

requirements contained in this SOW. During production, the

Defense Contract Management Agency (DCMA) Quality Assurance

Representative (QAR) will conduct random sampling, inspection and acceptance to evaluate acceptability of the finished garments in accordance with contract requirements. Quality acceptance testing shall be conducted on all lots, and satisfactory results are required for lot acceptance. Lot size for the purposes of acceptance testing will be determined by the contractor. The Government will require only random sampling in accordance with ANSI/ASQCZ1.4 (Sampling Procedures and Tables for Inspection by Attribute). During the course of production, the Government reserves the right to conduct additional testing to verify that production items continue to meet the desired material performance characteristics. The contractor shall receive notification of acceptance from DCMA prior to shipping any lot. End item acceptance shall be conducted on site by the government representative in accordance with the Quality

Assurance Letter of Instruction (QUALI) which will be provided after contract award. The contractor shall assign lot numbers to each lot produced and shall be able to track each lot number back to raw materials.

8.2 Lot Acceptance Criteria. For purposes of lot acceptance

criteria, the Government reserves the right to test any and all performance attributes contained within MIL-PRF-MCTCU to ensure compliance. For planning purposes, at a minimum, pre-approval quality assurance inspection of respective MCTCU lots should cover the following: (1) Inspection of defects on MCTCU end products for a respective lot as listed in the “End Item Visual

Examination,” section of Product Description document MIL-PRF-

MCTCU. The inspection level shall be S-4 and the acceptable quality level (AQL) is 2.5 for all visual defects as defined in

MIL-PRF-MCTCU (Attachment 1); (2) Inspection of MCTCU blouse and trouser “Finished Measurements” as indicated in Product

Description document MIL-PRF-MCTCU (Attachment 1). The inspection level shall be S-2 and the acceptable quality level

(AQL) is 4.0 for all dimensional requirements; (3) Inspection of preparation of MCTCU lot shipments to ensure compliance with requirements in MIL-PRF-MCTCU (Attachment 1). The inspection level shall be S-2 and the acceptable quality level (AQL) is

2.5; (4) Inspection of palletization of shipments to ensure compliance with Section D “Packaging and Marking” in this contract. The inspection level shall be S-1 and the acceptable quality level (AQL) is 6.5; (5) Inspection of the Certificate of

Conformance from the contractor for each MCTCU lot prior to shipment which provides an affidavit that all end items within the respective MCTCU lot comply with all requirements contained within MIL-PRF-MCTCU (Attachment 1).

The contractor is reminded that the Government has flexibility, at its discretion, to test any attribute listed within MIL-PRF-

MCTCU (Attachment 1) as well as the right to loosen or tighten inspection requirements for lot acceptance testing in accordance with this Statement of Work (e.g. paragraphs 7.1 and 7.2), the

Product Description document in Attachment 1 (e.g. MIL-PRF-MCTCU

(Attachment 1), and ANSI/ASQ Z1.4, American National Standard, “Sampling Procedures and Tables For Inspection by Attributes.”

In addition, inspections of the textile roll prior to end item

“cut and sew” production shall occur for purposes of quality assurance (e.g. MIL-PRF-MCTCU “Spectral Reflectance,” “Color

Matching,” permethrin content, etcetera).

Test / Inspection Report – CDRL A015

8.3 Nonconformance of Lot Acceptance Test. At the Contractor’s expense, the Government will return any LAT article failing to meet requirements as described in the MCTCU Specification to the

Contractor, who shall submit plans for the corrective action or disposition to the Government for approval. Disposition will depend on the nature of the failure and the discussion in the

FACAR. The Contractor shall document results of the test and the retest in the test report and submit to the Government for review and approval. If the retest results in a failure, the Contractor shall notify the Government immediately and prepare a FACAR for submission to the Government.

A sample form including the elements referenced above is included as Attachment to this contract. Contractor format for the FACAR is acceptable; however, the Contractor shall also include a discussion of the following elements in the form to assure that all actions are completed and verified appropriately:

(a) Problem Description – A detailed, specific description of the problem including how many items contain the problem as well as when, where, and how the problem discovered.

(b) Containment Actions – Detailed explanation of the quantity of suspect products in the failed lot at the

Contractor’s facility including the method of quarantine, quarantine identification, method of certification against the problem and certification identification (e.g., if product is screened and bad product is removed, good product is re-packaged and the package has a green

“certified” label adhered to it). Specify the quantity of products in transit, including method of notification to the recipient, a proposed method of certification against the problem (e.g., return authorization, Contractor to go on-site and rework or screen product), and a method of certification identification. Detail the quantity of suspect products in the Customer’s possession, including the return authorization, details of quarantine, and certification upon receipt into the Contractor’s facility, or details of any arrangements made for quarantine and certification at the Customer’s facility.

(c). Root Cause Analysis – An explanation of why the failure happened (the root cause) and an explanation of why the failure escaped detection prior to LAT.

(d). Root Cause Verification – An explanation of what actions were taken to assure the true root cause of the failure was found (i.e. could not be something else).

Explain in detail what actions were taken to assure the true root cause was found.

(e). Corrective Actions / Verification of the Actions –

Discuss each corrective action individually as it relates to the root cause. Also discuss how each corrective action relates to non-detection of the problem. For each problem identified by the Contractor, the Contractor shall list each individual action taken, the date of action implementation, and proof that the action taken eliminates the problem. Additionally, the Contractor shall describe what quality assurance procedures would have detected the problem, the date the Contractor will implement those actions in the future, and proof the action taken eliminates non-detection of the problem. Lastly, list if any mechanisms that will help an equipment operator to avoid mistakes (Poke Yokes) were implemented for this problem and provide details. If none implemented, explain why not.

(f). Standardization and Control – An explanation regarding document updates such as Process Control Plans, Process

Flow Diagrams, Visual Aids, Work Instructions, Operating

Procedures, Training Methods/Records, and Preventive

Maintenance Plans.

(g). Verification of Corrective Actions – An explanation of the methods to verify the corrective actions are effective and will remain effective in the long term. Provide the number of trials with corrections in place, measurements, inspections, etc., including data on the number inspected

vs. number of subject defects found.

In the event of a conformance inspection failure, the Contractor shall submit a FACAR for each. The Government will not consider accepting failed lots until the Contractor resolves the failure to the Government’s satisfaction. Government acceptance of a

FACAR does not imply acceptance of a failed lot. Acceptance of failed lots is at the discretion of the Government. After lot failure, the Contractor’s production is at its own risk unless the PCO directs the Contractor in writing to discontinue production.

The Government has a right to revoke acceptance of any and all items potentially containing the root cause failure mode and to require the Contractor to replace the failed units or correct the failure mode at its expense. If the PCO approves the FACAR, the Contractor may perform any such action at destination or otherwise return the affected items to another location subject to the PCO’s approval. Transportation costs to and from the

Contractor’s in this instance will be at the Contractor’s expense.

When the Contractor has shipped products from a failed lot, the

Contractor shall notify the PCO in writing, with copy to the

Administrative Contracting Officer (ACO) and Program Manager

(PM) representative. The notification shall indicate the nature of the failure and shipments, to include consignees, date of shipments, carriers, waybill numbers, and quantity. The

Government reserves the right to return the shipments or any portion thereof to the Contractor at Contractor's expense.

9 DELIVERY STATUS

9.1 Delivery status tracking. The Contractor shall deliver a

delivery status tracking spreadsheet in excel format that it updates and emails with each delivery shipment. This cumulative document shall include current information on items shipped, lot number, quantity by size, shipment date, shipment number, invoice number, delivery destination, delivery date, tracking information, and name and contact information of the individual that signed for the shipment at destination.

Delivery Status Tracking Spreadsheet – CDRL A016

10 WARRANTY. The Contractor warrants that the MCTCU blouse and trouser are free from failures due to manufacturing defects to include but not be limited to workmanship, materials, or design failures, and warrants compliance with the MCTCU

Specification for twelve months from date of Government acceptance of a respective MCTCU.

11 INCORPORATION OF REPRESENTATION AND CERTIFICATION BY

REFERENCE.

All representations and certifications and other written statements made by the contractor, whether in response to the solicitation for this contract or at the request of the contracting officer, incident to the award of the contract or any subsequent modification of this contract, are hereby incorporated by reference with the same force and effect as if they were given in full text.

12 CONTRACT CHANGES. No order, statement, or conduct of

Government personnel who might visit the Contractor's facility or in any other manner communicated with Contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract. No understanding or agreement, contract modification, change order, or other matter deviating from or constituting an alteration or change of the terms of the contract shall be effective or binding upon the Government unless formalized by contractual documents executed by the Contracting Officer or his or her designated representative. The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding provisions contained elsewhere in the contract, the said authority remains solely with the Contracting Officer. In the event that the Contractor effects any change at the direction of any person other than the

Contracting Officer, the change will be considered to have been made without authority at the Contractor's expense, and no adjustment shall be made in the contract price or other contract terms and conditions as consideration for the aforementioned unauthorized change. Further, should the unauthorized change be to the Government's detriment, the contractor may be held financially responsible for its correction.