Attachment 0001 - Special Provisions.docx

Attachment 0001 Special Provisions W31P4Q-25-R-0060

1. 52.209-4716, ELECTRONIC FABRICATION: REQUIREMENTS FOR ELECTRICAL AND ELECTRONIC ASSEMBLIES

1. Notwithstanding any other provision contained in any part of this contract to the contrary, the minimum requirements/standards for soldering electrical and electronic assemblies shall be the non-military joint industry standard, ANSI/J-STD-001, Class 3. The revision of ANSI/J-STD-001 in effect on the effective date of the contract shall govern the hardware produced hereunder. A copy of ANSI/J-STD-001 may be obtained from the Institute for Interconnecting and Packaging Electronic Circuits (IPC), 2215 Sanders Road, Northbrook, IL, 60062- 6135, telephone number (847) 509-9700, fax number (847) 509-9798.

2. The contractor shall establish and maintain an electronic/electrical parts control program and shall maintain and make available to the Government records and data which will provide visibility and traceability of all parts used in the production of the equipment under this contract. This selection of parts shall not be construed to relieve the contractor of meeting specified performance of the end item in which the part is used.

3. The Technical Data Package (TDP) shall serve as the baseline Program Parts Selection List (PPSL) and the parts and sources listed therein are the standard parts and sources. A Non Standard Part is defined as a part or source other than that cited in the PPSL. When the contractor desires to use a part or source other than those cited in the PPSL, the change must be approved by the Government via a Request for Deviation (RFD) as defined elsewhere in this contract. Failure on the part of the contractor to submit such RFDs may result in the replacement of the nonstandard part with the standard part by the Government at the contractors expense for all affected items.

4. The contractor shall provide objective evidence such as form, fit, function, and interchangeability data that shows the proposed part complies with the requirements of applicable parts documentation. The RFD shall detail the technical justification for the use of the part and advantages of the nonstandard part, if any. Compare the nonstandard part to the standard part whose characteristics are nearest to those required for the application. Include, when applicable:

a. Part Number and Source

b. Size and weight data.

c. Electrical and mechanical characteristics

d. Reliability (with data if requested)

e. Availability of the standard part (delivery schedules, still available etc.)

f. Supplemental data such as existing control drawings, specifications, vendor data sheets, and other pertinent data.

Data need not be furnished for nonstandard parts covered by documents listed in the Department of Defense Index of Specifications and Standards (DoDISS) or Standardized Military Drawings (SMD).

5. The Contractor shall maintain a Lead Free Control Plan (LFCP) and make available to the Government upon request. The requirement for a Lead Free Control Plan shall be flowed down to suppliers of equipment that may include lead-free materials. The LFCP shall follow the guidelines set forth in GEIA-STD-0005-1, "Performance Standard for Aerospace and High Performance Electronic Systems Containing LeadFree Solder" or its equivalent. In addition, the LFCP shall also include tin whisker mitigation plans in accordance with GEIA-STD-0005- 2, "Standard for Mitigating the Effects of Tin Whiskers in Aerospace and High Performance Electronic Systems" or its equivalent, at control level 2C or equivalent. The Contractor should include in the LFCP any special design considerations, manufacturing process controls, test and qualification requirements, quality inspection and screening, marking and identification, maintenance and repair processes, and other steps taken to mitigate risk.

6. The Contractor shall prepare, or update existing, Counterfeit Risk Management Plan and make available to the Government upon request.

The Plan shall meet the requirements of SAE AS5553 for electronic items. The Contractor shall procure parts from original manufacturers or the original manufacturers franchised distributors. Contractors shall report counterfeits and suspected counterfeits to the Government and in the Government Industry Data Exchange Program (GIDEP), in accordance with the GIDEP Operations Manual, SO300-BT-PRO-010.

(End of Clause)

2. 52.243-4000, ENG CHG PROPOSAL, VALUE ENG CHG PROPOSAL, REQUEST FOR DEVIATION, MAR/2011 REQUEST FOR VARIANCE, ENG RELEASE RECORDS, NOTICE OF REVISION, AND SPECIFICATION CHG NOTICE PREPARATION AND SUBMISSION INSTRUCTIONS, MAR/2011

1. Contractor initiated Engineering Change Proposals (ECPs), Value Engineering Change Proposals (VECPs), Request for Deviations (RFDs), and Request for Variance (RFVs), collectively referred to as "proposals", shall be prepared, submitted and distributed in accordance with paragraphs 2, 3 and 4 below except as specified in paragraph 5 below.

2 . Format.

a. Class 1 ECPs require the "Long Form Procedure" for documenting the change and describing the effects of the change on the suitability and supportability of the Configuration Item (CI). Class I ECPs should be limited to those that are necessary or offer significant benefit to the Government. Class I ECPs are those that affect the performance, reliability, maintainability, survivability, weight, balance, moment of inertia, interface characteristics, electromagnetic characteristics, or other technical requirements in the specifications and drawings. Class I ECPs also include those changes that affect Government Furnished Equipment, safety, compatibility, retrofit, operation and maintenance manuals, interchangeability, substitutability, replaceability, source control specifications and drawings, costs, guarantees or warranties, deliveries, or schedules. Class II ECPs are those that do not affect form, fit and function, cost, or schedule of the system CI and do not meet the other criteria described above for Class I ECPs.

b. Long Form Procedure: Class I changes to the CI require that RDMR Form 523, pages 1 through 7 (as applicable), be prepared. Use of this procedure assures that all effects of the change on the CI are properly addressed and documented to the necessary detail to allow proper evaluation of the proposed change.

c. Short Form Procedure: ECPs and VECPs , which meet the requirements of Class II ECPs, shall be prepared using RDMR Form 523 (page 1 only). Supplemental pages may be used with the form as necessary. The responsible Contract Management Office (CMO) will enter the appropriate data in Block 5 "Class of ECP", Block 6 "Justification Codes", and Block 7 "Priority."

d. The Contractor shall not manufacture items for acceptance by the Government that incorporate a known departure from requirements, unless the Government has approved an RFD. RFDs shall be prepared using RDMR Form 527 or RDMR Form 530 (Type I, see block 5 of the form.)

e. The Contractor shall not submit items for acceptance by the Government that include a known departure from the requirements, unless the Government has approved a RFV. RFVs shall be prepared using RDMR Form 528.

f. Each ECP, RFD or RFV shall be accompanied by a written and signed evaluation prepared by the responsible Defense Contract Management Agency (DCMA) technical representative. The DCMA written evaluation shall be considered part of the ECP/RFD/RFV proposal.

g. Classification of RFDs/RFVs.

(1) Major RFDs/RFVs. RFDs/RFVs written against CIs shall be designated as major when the RFD/RFV consists of acceptance of an item having a nonconformance with contract or configuration documentation involving health; performance; interchangeability; reliability; survivability; maintainability; effective use or operation; weight; appearance (when a factor); or when there is a departure from a requirement classified as major in the contractual documentation.

(2) Critical RFDs/RFVs. RFDs/RFVs written against CIs shall be designated as critical when the RFD/RFV consists of acceptance of an item having a nonconformance with contract or configuration documentation involving safety or when there is a departure from a requirement classified as critical in the contractual documentation.

(3) Minor RFDs/RFVs. RFDs/RFVs written against CIs shall be designated as minor when the RFD/RFV consists of acceptance of an item having a nonconformance with contract or configuration documentation which does not involve any of the factors listed above in paragraphs g(1) or g(2), or when there is a departure from a requirement classified as minor in the contractual documentation.

h. Proposals shall include sufficient technical data to describe all changes from existing contract requirements.

i. Proposals shall include sufficient justification for making the change, including a statement of contract impact, if the change is not authorized.

j. Proposals for ECPs shall set forth a "not to exceed" price and delivery adjustment acceptable to the Contractor if the Government subsequently approves the proposal. If approved, the equitable increase shall not exceed this amount.

k. Times allowed for technical decisions for ECP and RFD/RFV proposals will be worked out via mutual agreement between the Contractor and the Government.

l. The Contractor shall submit, concurrent with the ECP, a separate AMSAM-RD Form 525, "Specification Change Notice" (SCN), for each specification that would require revision if the ECP were approved.

m. Proposals for VECPs shall set forth a "not less than" price and delivery adjustment acceptable to the Contractor if the Government subsequently approves the proposal. If approved, the savings shall not be less than this amount.

n. The Contractor shall utilize RDMR Form 526, "Engineering Release Record" (ERR) to release new or revised configuration documentation to the Government for approval.

o. The Contractor shall utilize RDMR Form 524, "Notice of Revision" (NOR) to describe the exact change(s) to configuration documentation specified as a data requirement in the contract. The Contractor shall describe the change using subsections entitled "WAS" to describe the current contractual technical requirement and "IS" to describe the proposed new requirement.

3 . Submittal. The Contractor shall submit two (2) copies of each proposal to the responsible Administrative Contracting Officer (ACO). One (1) copy of each proposal shall be returned to the Contractor within (5) working days after receipt by the ACO, stating whether or not the proposal is in compliance with this provision. Any unresolved differences between the ACO and the Contractor concerning ECPs, VECPs, RFVs or RFDs will be submitted to the PCO for resolution. Submittals may be made by electronic means by scanning the appropriate completed forms into a computer or preparing the forms electronically.

4 . Distribution.

a . Electronic Distribution. The preferred method of distribution is through the Internet E-mail System to the PCO. Microsoft Word is required for use with the transmittal letter (E-mail). Required forms will be attached to the E-mail. All forms may be obtained from the Army Contracting Command - Redstone Website (http://www.redstone.army.mil/amrdec/rdmr-se/tdmd/ConfigMgt.htm) by clicking on "Forms/Checksheets." The forms are in both "Adobe Acrobat" and "Form Flow" formats. In order to access and use the forms, the user must have the "Adobe Acrobat" or "Form Flow" software installed on their computer. Drawings may be scanned into the computer and sent as an attachment. In some cases, because of size, drawings may have to be sent as hard copies or sent under special electronic instructions provided by the PCO. Contractors who do not have access to the Army Contracting Command - Redstone website will need to contact the PCO, the appropriate Project Office Configuration Management Office, or the Technical Data Management Division (RDMR-SET) to have the forms sent to their facility.

b. Hard Copy Distribution of Class I or II ECPs and RFD/RFVs, For each Class I or II ECP, or each RFD/RFV that the ACO determines to be in compliance with this provision, the Contractor shall submit the original plus five copies to the PCO and one copy to the ACO. Upon receipt of any type of change proposal that is submitted to the PCO, the ACO shall immediately submit DCMA's written evaluation pertaining to the proposed engineering change action to the PCO. Assistance in preparing any of these proposals may be obtained from the ACO or AMCOM Change Control Point at:

Aviation and Missile Research, Development, and Engineering Center

ATTN: RDMR-SET

Redstone Arsenal, Al 35898-5000 Telephone: 256-876-1335 c . Hard Copy Distribution of VECPs. For each VECP that the ACO determines to be in compliance with this provision, the Contractor shall submit the original plus five copies to the PCO and one copy to the ACO. Upon receipt of any VECP that is submitted to the PCO, the ACO shall immediately submit DCMA's written evaluation to the PCO. The Contractor shall also submit one copy of the VECP to the Value Engineering Program Manager (VEPM) whose address is below. Assistance in preparing VECPs may be obtained from the VEPM.

Aviation and Missile Research, Development, and Engineering Center

ATTN: RDMR-SEI

Redstone Arsenal, Al 35898-5000 Telephone: 256-876-8163 5 . Alternate Format, Submittal or Distribution Process. Proposals may be prepared in a different format, submitted using a different submittal process or distributed in a different manner than specified in paragraphs 2, 3 and 4 above, so long as the alternate approach is in accordance with a Government approved configuration management plan governed by this contract or the PCO authorizes the alternate format, submittal, or distribution process.

6 . Government Acceptance. Acceptance of a proposal by the Government shall be affected by the issuance of a change order or execution of a supplemental agreement incorporating the proposal into the contract unless the PCO authorizes another method of acceptance. The Government will notify the Contractor in writing if a proposal is determined to be unacceptable.

(end of clause)

3. 52.211-4708, EVALUATION FOR AWARD, REVISIONS TO DRAWINGS/PART NUMBERS

(a) Sources in receipt of this solicitation are requested, at no cost to the Government, to immediately notify the Contracting Officer if they are aware of any change(s)/revision(s) to the drawing(s) or part number(s) in this solicitation which have been approved by the Government for implementation. Notification of part number changes shall be supported by data which indicates the type of change, approving authority as required by ANSI EIA 649 MIL-STD-973 and date and method of submittal of provisioning documentation and drawings.

If complete data package has not been previously provided, the contractor shall, at no direct cost to the Government, immediately submit applicable drawings, along with a copy of the approval change authority, to the Contracting Officer, at the office symbol and mailing address listed in the "ISSUED BY" block on page one (1) of this document. The minimum acceptable data includes the next higher assembly and the item of Supply Detail Drawings which will allow provisioning, National Stock Number assignment and updating of AMCOM's data records.

(b) The contractor hereby verifies previous contractual submission of technical data:

Contract No.:

Contractor:

Explanation of Data Rights:

(c) The Government is not by this request soliciting, nor is the Government liable for cost incurred by the offeror in preparing or developing modifications, deviations, waivers, or other changes to drawings or part number(s). Furthermore, this request does not authorize changes to the drawing(s) or part number(s) for this acquisition, another contract, or for any other purpose. Offerors performing any contract awarded as a result of this solicitation must comply with the drawing(s) and specifications as set forth herein, unless this solicitation is amended or any resulting contract is modified by the Contracting Officer.

(d) All proposed part number changes shall be submitted pursuant to the requirements of the clause entitled, "Engineering Change Proposal (ECP), Value Engineering Change Proposal (VECP), Request for Deviation (RFD), and Request for Waiver (RFW) (USAAMCOM).

(End of Clause)

4. 53.247 Transportation (U.S. Commercial Bill of Lading).

The commercial bill of lading is the preferred document for the transportation of property, as specified in 47.101 .

5. 5347.305-10 (b), Packaging, Marking, and Consignment Instructions (a)(90) Use AFMC Form 158, Packaging Requirements, or similar document for all acquisitions requiring delivery of hardware items.

(91) Insert the clause at 5352.247-9005, Shipping Container Marking, substantially as written, in Section D when the Government requires marking and/or bar coding in accordance with the requirements of MIL-STD-129, Standard Practice for Military Marking. The additional bar coding requirements will be identified on the AFMC Form 158.

(92) Insert the clause at 5352.247-9006, Marking of Warranted Items, substantially as written, in Section D when the items to be delivered are covered by a warranty.

(93) Insert the clause at 5352.247-9007, Specification Commercial Packaging, in Section D when the Government requires the use of commercial packaging to the American Society for Testing and Materials (ASTM) Specification D3951. This is the preferred commercial packaging requirement. In addition to this clause, if marking and bar coding are required, use 5352.247-9005 to identify the requirements.

(94) Insert the clause at 5352.247-9008, Contractor Commercial Packaging, in Section D when other packaging requirements are not appropriate or acceptable to the offeror. In addition to this clause, if marking and bar coding are required, use 5352.247-9005, Shipping Container Marking, to identify appropriate requirements.

(95) Insert the clause at 5352.247-9009, Military Packaging and Marking, in Section D when military specification packaging and marking are required. In addition to this clause, if marking and bar coding are required, use 5352.247-9005, Shipping Container Marking, to identify appropriate requirements.

(96) When the contractor is to develop (design and/or manufacture) a new engineered or specialized container, the requirement must be identified as a separate line item in the purchase request, the solicitation, and the contract. The proposal shall include the proposed container cost broken into design and manufacturing elements. Approval for purchase of new containers shall be determined by AAC/WMGC, 102 West D Avenue, Suite 168, Eglin AFB FL 32542-6807 for munitions containers and AFMC LSO/LOP, 5215 Thurlow Street, Wright-Patterson AFB OH 45433-5540 for nonmunitions containers. The approval shall be provided to the contracting officer for notification to the contractor. Insert the clause at 5352.247-9010, Engineered or Specialized Containers, substantially as written, in Section D. Data items, DI-PACK-80683, Container Design and Retrieval System (CDRS) Search Request, and DI-PACK-80684, Container Design and Retrieval System (CDRS) Data Input, must be identified on the DD Form 1423, Contract Data Requirements List.

(97) Insert the clause at 5352.247-9011, Packaging and Marking of Hazardous Material, substantially as written, in Section D when an acquisition requires DFARS 252.223-7001, Hazard Warning Labels, and is for the delivery of commercial or military items involving hazardous material.

(98) Insert the clause at 5352.247-9013, Packaging Data, in Section D when the Government will purchase the rights to the packaging design and data.

(99) The contracting officer may insert the clause at 5352.247-9012, Packaging for Inspection and Acceptance at Destination, substantially as written, in Section D when packaged material requires inspection at destination

(b) (90) For shipment of Foreign Military Sales (FMS) material:

(i) The following data are required on the acquisition documents and in the resulting contracts or orders:

(A)"Ship to" Military Assistance Program Address Code (MAPAC).

(B)"Mark for" MAPAC.

(C) MILSTRIP requisition number.

(D) MILSTRIP supplemental address.

(E) Issue Priority Designator.

(ii) The complete in-the-clear address for the MAPACs shall be provided to the contractor by the cognizant transportation office when the material is available for shipment. In-the-clear addresses shall not be printed in the contracts or orders for the MAPACs because they are subject to frequent change. When contracts or orders show shipping points outside of CONUS, the requiring activity shall assure that shipping instructions conform to the negotiated delivery conditions.

(91) These shipments shall include data similar to (b)(i)(A) through (b)(i)(D) of DFARS 247.305-10. The transportation office of the organization providing contract administration services shall convert the data to a transportation control number (TCN) as prescribed by DoD 4500.9-R, the Defense Transportation Regulation (DTR) and a transportation account code (TAC) as prescribed in Part II, Appendix CC-1 of the DTR.

(92) Insert the clause at 5352.247-9015, Temporary Storage of FMS Munitions Items, in Section F for FMS munitions items in all contracts involving munitions and FMS.

(93) When the purchase request is for spare parts to be delivered f.o.b. origin, and the items are ASI candidates, the contracting officer may insert the clause at 5352.247-9014, Unilateral Amended Shipping Instructions (ASIs), f.o.b. origin, substantially as written, in Section F.

6. EVALUATION FOR AWARD

Bids/offers shall be evaluated and award made to the responsive, responsible offeror whose offer represents the lowest overall cost to the Government.

7. EVALUATION FOR AWARD

Bids/offers shall be evaluated and award made to the responsive, responsible offeror whose offer represents the lowest overall cost to the Government.