Attachment 0006 Special Contract Requirements.docx

ATTACHMENT 0006 - SPECIAL CONTRACT REQUIREMENTS

H.1 Shelf Life Markings:

4240-01-512-4429, 4240-01-512-4431, 4240-01-512-4434, 4240-01-512-4435, 4240-01-512-4436, 4240-01-512-4437, 4240-01-529-0593, 4240-01-529-0601, 4240-01-529-0602, 4240-01-529-1399, 4240-01-539-5593, 4720-01-528-9285, 4820-01-528-9291, 4820-01-528-9292, 4240-01-539-3426, 5330-01-530-1002, 4240-01-529-8323, 4240-01-529-8324, 4240-01-529-8329, 4240-01-529-8330, 4240-01-529-8331, 4240-01-529-8340, 4240-01-529-8345, 4240-01-529-8353, 4240-01-529-8357, 4240-01-529-8358, 4240-01-529-8360, 4240-01-529-8362, 4240-01-529-8365, 4240-01-529-8366, 4240-01-529-9194, 4240-01-529-9209, 4240-01-646-2614, 4240-01-646-2625, 4240-01-646-2637, 4240-01-646-2646, 4240-01-646-2683, 4240-01-646-2699, 4240-01-646-2709, 4240-01-660-3863 4240-01-660-4224, 4240-01-660-4232, 4240-01-660-5075, 4240-01-660-5077, 4240-01-660-5084, 5120-01-615-6257, 5331-01-529-8369, 4240-01-660-2895, 5120-01-615-6257, 5331-01-529-8369, and 4820-01-530-1000 Extendable shelf life markings (e.g., 1, 2, 3, etc.) are required for this procurement and shall be applied in accordance with MILSTD-129. The shelf life code is 9. The shelf life markings shall include, as applicable: the “Manufactured” or “Assembled” or “Cured” Date: (mo/yr), and the “Insp/Test Date” (mo/yr). The Insp/Test Date date shall be 60 months in the future from the manufactured, cured, or assembled date. In accordance with DoD 4140.27-M and MIL-STD-129, an item shall have not less than 85 percent of shelf life remaining at time of receipt by the Government. Any part not having at least 85 percent shelf life remaining shall be considered non-conforming.

H.2 Lot Numbering

4240-01-529-8323, 4240-01-529-8324, 4240-01-529-8328, 4240-01-529-8329, 4240-01-529-8330, 4240-01-529-8331, 4240-01-529-8340, 4240-01-529-8345, 4240-01-529-8353, 4240-01-529-8358, and 4240-01-660-3862 Lot numbering will be according to contractor lotting procedures.

Manufacturers shall contact usarmy.ria.ccdc-cbc.mbx.qa@mail.mil to obtain a unique manufacturer's identification symbol.

4240-01-646-2614, 4240-01-646-2625, 4240-01-646-2637, 4240-01-646-2646 4240-01-646-2683, 4240-01-646-2699, 4240-01-646-2709, and 4240-01-646-2717 Lot numbering shall be in accordance with Specification EA-M-10034.

4240-01-660-3862, 4240-01-660-3863, 4240-01-660-4224, 4240-01-660-4232, 4240-01-660-5075, 4240-01-660-5077, 4240-01-660-5084, 5120-01-615-6257, 5331-01-529-8369, and 4240-01-660-2895 The Contractor shall provide standardized lot numbers on all Facepiece Assemblies, identifying the production run during which the units were produced. A copy of the records from the production runs shall be maintained by the Contractor for Government review, as requested, for a minimum time period of two years.

H.3 DEMILITARIZATION AND TRADE SECURITY CONTROL REQUIREMENTS AND PROCEDURES

(a) Demil and Trade Security Controls (TSCs) Summary:

(1) The following NSNs have demil and/or TSC consideration requirements:

M50/M51 Systems and Spares - 4240-01-512-4429, 4240-01-512-4431, 4240-01-512-4434, 4240-01-512-4435, 4240-01-512-4436, 4240-01-512-4437, 4240-01-529-0593, 4240-01-529-0601, 4240-01-529-0602, 4240-01-529-1399, 4240-01-539-5593, 4720-01-528-9285, 4820-01-528-9291, 4820-01-528-9292, 8465-01-529-0599, 8465-01-529-1397, and 4240-01-539-3426

M53A1 Systems and M53/M53A1 Spares - 4240-01-529-8323, 4240-01-529-8324, 4240-01-529-8328, 4240-01-529-8329, 4240-01-529-8330, 4240-01-529-8331, 4240-01-529-8340, 4240-01-529-8345, 4240-01-529-8353, 4240-01-529-8357, 4240-01-529-8358, 4240-01-529-8360, 4240-01-529-8362, 4240-01-529-8365, 4240-01-529-8366, 5330-01-530-1002, 4240-01-529-9194, 4240-01-529-9209, 4240-01-646-2614, 4240-01-646-2625, 4240-01-646-2637, 4240-01-646-2646, 4240-01-646-2683, 4240-01-646-2699, 4240-01-646-2709, 4240-01-660-3862, 4240-01-660-3863, 4240-01-660-4224, 4240-01-660-4232, 4240-01-660-5075, 4240-01-660-5077, 4240-01-660-5084, 5120-01-615-6257, 5331-01-529-8369, 4240-01-646-2712, 4240-01-660-2895, and 4820-01-530-1000

The demil and trade security control provisions in this solicitation implement the policy and requirements of the “Arms Export Control Act,” 22 United States Code (U.S.C.), Section 2778, the “International Traffic in Arms Regulations (ITAR)” at 22 Code of Federal Regulations (CFR), Parts 120-130, the “Export Administration Regulations (EAR)”, at 15 CFR 730-774 and the “Export Administration Act”. Regulatory requirements and guidance are contained in Federal Acquisition Regulation (FAR) 45.6, “Reporting, Redistribution, and Disposal of Contractor Inventory” and Defense Federal Acquisition Regulation Supplement (DFARS) 245.604, “Restrictions on Purchase or Retention of Contractor Inventory.”

(2) Demil and TSC policy is promulgated via Department of Defense (DoD) regulations and in the establishment of contract requirements. Accordingly, the Government’s right to require demilitarization is a contractual right, subject to the authority and discretion of the Procuring Contracting Officer (PCO). Therefore the PCO may or may not forward Contractor demilitarization waiver request to the DoD Demilitarization Program Manager for review and approval, even when there is certifiable Contractor’s compliance with all existing TSC regulations. The waiver approval process is described in paragraph 6 below.

(3) The DoD policy and requirements for demil are contained in the DoDM 4160.28-M-V1, V2, and V3, Defense Demilitarization Manuals (hereinafter referred to as Demil Manual, available at <http://www.dtic.mil/whs/directives/corres/pub1.html>). This manual is hereby incorporated by reference, and its terms, conditions, and procedures are valid and enforceable as contractual requirements. If there is a conflict between the Demil Manual and the Demil and/or TSC language herein, the Demil Manual takes precedence.

(4) This contract requires the manufacture, assembly, test, maintenance, repair, and/or delivery of military/defense items. This SOW sets forth the requirements for the control and corresponding certification and verification of disposition of “contract excess property.” These requirements are applicable to any Contractor and/or Subcontractor who perform work under this contract. This SOW is a mandatory flow-down; accordingly, Contractor/Subcontractor must include this language in subcontracts for work under this solicitation and resulting contract.

(5) The demil and TSC requirements apply to all materials and property (Government furnished equipment (GFE)), special tools and special test equipment, manufactured parts in whatever stage of assembly, and associated technical data including technical manuals, drawings, process sheets, and working papers) bought, assembled, produced, or provided by the Government under this contract regardless of the type of contract and regardless of who has title to the material. The intent is to control military/defense items in accordance with statutory and regulatory requirements. Bidders’/offerors’ proposed prices under this solicitation and any resulting contract should include any and all cost(s) to comply with this SOW and the Government’s demil and TSC requirements.

(6) In general, the demil requirements must be met upon completion of the contract. For indefinite delivery contracts as defined by FAR 16.501-2, demil requirements must be met upon the expiration of the potential contractual performance period as described in section A of the contract and/or in section B (the schedule) of the contract; or upon contract termination if the contract is terminated earlier. Contractor(s) awarded a contract with demil requirements shall be responsible for maintaining an inventory system capable of recording, safeguarding and tracking all material, work in process, components associated or related to the performance of the contract for the purpose (not intended to be exclusive) of enabling the Contractor to fulfill its demil obligations under this SOW. The Contractor will provide a copy of demil certificates to the PCO within 30 days for inclusion in the contract file.

(7) The Contractor agrees that demil performed under this contract will be conducted in accordance with this SOW or DoDM 4160.28-M-V1, V2 and V3, Demil Manual, and all demilitarized material will meet or exceed the definition of scrap as defined by this SOW.

(b) Definitions:

(1) “Contract excess property” is property of the type covered by this contract for which the contractor does not claim payment or has been denied payment and all GFE not returned to the Government upon completion of the contract. This includes, but is not limited to, rejects and overruns. Contract excess property (whether title to the property is in the Government or not) includes completed or partially completed parts, components, subassemblies, assemblies, end items, special tools and test equipment, and all associated technical manuals, technical data, packaging and labeling. Contract excess property shall be controlled and final disposition determined by assigned demil code unless waived by the DoD Demil PM.

(2) “Excess GFE” is equipment/technical data provided by the U. S. Government to the Contractor that the Contractor no longer needs to satisfy the contract’s requirements, which the Government does not want returned during or at the completion of the contract.

(3) “Demilitarization” is the act of destroying the military offensive and defensive characteristics inherent in certain types of equipment and material to the degree necessary to preclude its restoration to a usable condition. The term includes mutilation, dumping at sea, cutting, crushing, shredding, melting, burning or alteration designed to prevent the further use of this equipment and material for its originally intended military purpose. It applies equally to material in unserviceable and serviceable condition.

(4) “Scrap” is material that has no value except for its basic material content.

(5) “Munitions list item (MLI)” is any item contained in the U. S. Munitions List, 22 CFR 120-130.

(6) “Commerce control list item (CCLI)” is a multi-use (military, commercial and other strategic use) item under the jurisdiction of the Bureau of Export Administration, U. S. Department of Commerce, through the Export Administration Regulations, 15 CFR 730-774. The types of items on the CCL may be commodities (i. e., equipment, materials, or electronics), software, or a particular technology.

(7) “Trade security control (TSC)” is control procedures designed to preclude the sale or shipment of Munitions List or Commerce Control List items to any entity whose interests are inimical to those of the United States. These controls are also applicable to such other selected entities as may be designated by the Deputy Under Secretary of Defense (Trade Security Policy).

(8) “Commercial type property” is material, equipment, software, or technology not generally considered to be unique and peculiar to DoD and possessing commercial marketability.

(9) “Significant military equipment (SME)” is material for which special export controls are warranted because of their capacity for substantial military utility or capability. Items designated as SME require worldwide demil as prescribed in DoDM 4160.28-M-V1, V3 and V3, Demil Manual.

(10) “Ammunition, explosives, and dangerous articles (AEDA)” is any substance that by its composition and chemical characteristics, alone or when combined with another substance, is or becomes an explosive or propellant or is hazardous or dangerous to personnel, animal or plant-life, structures, equipment or the environment as a result of blast, fire, fragment, radiological or toxic effects. AEDA is not a criterion for demil. AEDA items not on the Munitions List would be coded A or Q.

(c) Applicability:

This solicitation/contract is for the production of MLIs or CCLIs and contract excess may require demil and TSCs. This SOW is applicable to prime and Subcontractors.

(d) Contractor Demil and TSCs:

(1) The Contractor will demil and apply TSCs as required on all contract excess property as dictated by the Government assigned demil code and its definition and the demilitarization and trade security controls matrix in paragraph 9 below. Demil codes and definitions can be accessed per paragraph 8 below.

(2) The Contractor will contact the PCO for declassification, safety and demil instructions for contract excess property with an assigned demil code of “P”, “F”, or G”.

(3) The Contractor will demil all associated excess technical data.

(e) Demil Certification and Verification (DC&V):

(1) During or upon completion of manufacturing under this contract, the prime Contractor shall notify the PCO in a timely manner that a Government representative is required to witness demil of contract excess property produced under this contract whether the prime Contractor or a Subcontractor is performing the demil.

(2) Subcontractors shall notify the prime Contractor in a timely manner who shall notify the PCO that a Government representative is required to witness demil of contract excess property produced under this contract.

(3) The Government Quality Assurance Representative (QAR) will forward all demil certificates and the final DD Form 250 to the PCO so that final payment can be made. The PCO will not release the final DD Form 250 for payment unless all pertinent demilitarization certificates from all prime and subcontractors involved have been received. If the Contractor is using the Wide Area Workflow (WAWF) Receipt-Acceptance system, the QAR will ensure all demil certificates are attached to the final WAWF Receiving Report before accepting the shipment. The Demil Certification and Verification Certificate will be forwarded to the PCO to become part of the contract file.

(4) A Contractor’s representative certifies and a technically qualified U.S. Government QAR (United States citizen) is designated as the U.S. Government official responsible for executing the Demil verification unless another U.S. Government official is designated in writing by the PCO. Both shall actually witness the demil; and both shall sign and date the DA Form 7579 available at <http://www.apd.army.mil/>.

(f) Demil Waivers:

(1) The Contractor may request a demil waiver for contractual requirements. However, any waiver must be predicated upon disposition of material in a manner that is consistent with the guidelines and intent of applicable demil and TSC laws and regulations. All requests for demil waivers must be submitted in writing through the PCO and the Army’s Demil PM to the DoD Demil PM. Waiver request must be approved prior to Contractor disposition of any contract excess property and prior to the release of final WAWF submittal for payment. All waiver requests must specify the items, quantity, proposed disposition of the material, and any additional terms. If written approval of the request for a demil waiver is not granted within 45 days of submission, the demil request shall be deemed disapproved. The Contractor is not entitled to demil waiver. Contact the PCO for additional specific guidance.

(2) When a demil waiver is approved, all packaging and Government property containing non-removable markings shall have these markings permanently obliterated before any non-demilitarized disposition.

(g) Disputes - any disputes shall be addressed in accordance with the “Disputes” clause in this solicitation/contract.

(h) Contractor Access and Identification of Demilitarization Requirements:

(1) Contractors will identify demilitarization requirements by accessing the assigned demilitarization code via the Internet using the following steps:

a. Logon to the WebFLIS Web site <http://www.dlis.dla.mil/WebFlis/pub/pub_search.aspx>. This displays the Federal Logistics Information System WebFLIS Public Inquire.

b. Enter NIIN or NSN and click on "Go". This page displays the demilitarization code under the icon "DMIL". Make note of the assigned demilitarization code.

c. Click on the icon "DMIL" provided on this Web site. Print these demilitarization code definitions for future reference and close the screen.

(2) The Contractors demilitarization requirement:

a. The Contractors demilitarization requirement is based on the demilitarization code (A, B, C, D, E, F, G, P or Q) assigned to the property and its corresponding definition.

b. Match the demilitarization code with its definition. Demilitarize excess property in accordance with the demilitarization code definition.

Note: If an NSN has NOT been assigned to the property in question, the demilitarization code for the property is not in this database. Contact the PCO for the demilitarization requirements for property if the demilitarization code could not be identified in this database.

(3) Due to numerous variables, the Government may not know which disposal option is most advantageous for GFE until the end of the contract. Three GFE disposal options available to the Government are:

Option 1:

a. Have the Contractor demilitarize the excess GFE per the assigned demilitarization code.

b. The cost of Contractor demilitarization will be negotiated.

c. The PCO will provide the Contractor with the pertinent demilitarization instructions for property without codes assigned.

d. The PCO will ensure that demilitarization certification and verification is properly documented.

Option 2:

a. Abandon or sell the excess GFE and transfer the title to the Contractor.

b. Prior to the Government transferring the title of demilitarized or un-demilitarized excess GFE and regardless of its serviceability, all TSC laws must be satisfied. Therefore, the Contractor must be in possession of an approved end use certificate (EUC), DLA Form 1822, before the Government transfers title to the property.

c. The EUC is the U.S. Government's instrument to ensure the Contractor is aware of and agrees to assume the responsibility for future TSC requirements and demilitarization cost and liabilities for the excess GFE. The demilitarization and TSC requirements for MLI/CCLE do not diminish over time. For complete TSC requirements, see paragraph 9 below and DoDM 4160.28-M-V1, V2 and V3, Demil Manual.

d. Contractors and other persons must obtain the permission of the PCO prior to any subsequent disposition or sale. Any subsequent disposition or sale will be accomplished in accordance with DoDM 4160.28-M-V1, V2 and V3, Demil Manual.

Option 3:

The Contractor returns excess GFE to the Government's control for disposal and the Government ensures adequate disposal occurs per DoDM 4160.28-M-V1, V2 and V3, Demil Manual.

(i) Demilitarization and Trade Security Controls Matrix

Table 2-1. Demilitarization and/or no demilitarization and/or trade security controls and/or end use certificate matrix

Demil Code Demil Req'd No Demil Req'd TSC Required

MLI/SME C X X EUC DLA Form 1822 MLI/SME D X X EUC DLA Form 1822 MLI/Non-SME E X X EUC DLA Form 1822 MLI/SME F X X EUC DLA Form 1822 MLISME G X X EUC DLA Form 1822

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