B08_Solicitation_W91CRB-21-R-0033.pdf

CODE

(Hour)

PAGE(S)

until local time

X

A X B X C

D

EX

X G F 50 - 52

53 - 66 H 67 - 77

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 77

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W91CRB 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 5

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

6 - 38 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 41 - 43 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

44 - 48

PART II - CONTRACT CLAUSES

ACC - APG - W91CRB

BLDG 4310

6515 INTEGRITY COURT

ABERDEEN PROVING GROUND MD 21005-3013

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

25 May 2021

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W91CRB21R0033

Section A - Solicitation/Contract Form

CONTRACT DETAILS

CONTRACT TYPE:

a. This requirement is a 100% small business set aside.

b. The basic contract is a firm, fixed price (FFP) indefinite delivery, indefinite quantity (IDIQ)-type contract with an ordering period of five (5) years or sixty (60) months, in accordance with Federal Acquisition Regulations (FAR) 16.505.

c. The Government intends to award up to two (2) firm fixed price (FFP), Indefinite Delivery, Indefinite Quantity (IDIQ) contracts. The Government will issue all delivery orders IAW the fair opportunity procedures within Federal Acquisition Regulation (FAR) 16.505.

CONTRACT MINIMUM: Per the shoot pack Purchase Description (AR/PD 11-01C), each awardee will submit sixty-eight (68) Pathfinder S shoot packs and forty-five (45) MSV-B-100 shoot packs for FAT. After FAT approval, each vendor will produce one (1) Lot of twelve hundred (1,200) Pathfinder S shoot packs.

The Contractor shall deliver the contract’s minimum number of end item articles within the following timelines:

a. Deliver the Pre-First Article Test (FAT) Deliverable, also known as the Design Package, (CLIN 0001) NLT twenty-one (21) calendar days after award of Delivery Order IAW the

SOW.

b. Deliver FAT samples (CLIN 0002) NLT forty-five (45) calendar days after award of Delivery Order IAW with the SOW.

c. Deliver 1st Lot (CLIN 0003) NLT forty five (45) calendar days after First Article Test

Approval IAW the SOW.

The Government reserves the right to award only the contract minimum for each awarded contract resulting from this solicitation.

CONTRACT MAXIMUM: The Government may place additional delivery orders for a maximum of up to seventy-one thousand six hundred forty-one (71,641) Pathfinder S shoot packs and eighty thousand one hundred thirty-two (80,132) MSV-B-100 shoot packs.

Each production lot shall contain no more than three thousand two hundred (3,200) finished end items.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Pre-First Article Test (FAT) Deliverable

FFP

Prior to submitting FAT samples, the Contractor shall submit their Physical Demonstration Model (PDM) items and Production Process Package (PPP) NLT twenty-one (21) calendar days after DO award. See the latest end item PD in Section J of the contract for DP requirements and the DO for shipping information.

The Contractor shall not submit FAT samples prior to receiving Government approval to do so.

FOB: Destination

PSC CD: 8470

NET AMT

FAT Samples

FFP

The Contractor shall provide test data, traceability to materials, and procedures that verify the outcome contained in all Certificates of Conformance (CoCs). The Contractor shall produce all end items in accordance with their PPP. Submission of FAT samples shall take place NLT forty-five (45) calendar days after DO award. Testing for all ballistic and critical non-ballistic testing will be in accordance with the end item Purchase Description (PD) at Aberdeen Test Center (ATC). If a Contractor fails initial FAT, the Contractor shall pay for additional testing to become FAT qualified. The Contractor is also responsible for cost of schedule delays incurred due to the failure of FAT. The Government anticipates completion of FAT NLT one hundred and five (105) calendar days after the start of FAT at ATC.

0003 1,200 Each First LOT

FFP

The contractor shall deliver shoot packs in accordance with the Statement of Work, patterns and Purchase Description AR/PD 11-01C dated 22 January 2021

0004 71,641 Each Pathfinder S Shoot Packs

FFP

The contractor shall deliver shoot packs in accordance with the Statement of Work, patterns and Purchase Description AR/PD 11-01C dated 22 January 2021

0005 80,132 Each MSV-B-100 Shoot Packs

FFP

The contractor shall deliver shoot packs in accordance with the Statement of Work, patterns and Purchase Description AR/PD 11-01C dated 22 January 2021

Section C - Descriptions and Specifications

STATEMENT OF WORK

Statement of Work Shoot Packs

18 November 2020

1.0 Background.

1.1 Shoot Packs. Both mounted and dismounted Soldiers wear soft and hard armor during a full spectrum of combat operations to provide multiple levels of ballistic protection. The Army’s primary protective carrier systems are the Improved Outer Tactical Vest (IOTV), the Modular Scalable Vest (MSV). These carriers hold soft armor inserts and hard armor inserts that provide ballistic protection. The Improved Outer Tactical Vest (IOTV) soft armor system provides protection from conventional fragmenting munitions and multiple hits from 9mm handgun rounds. The MSV soft armor inserts meet the requirements of IOTV and adds additional protection to .357 MAG and .357 SIG handgun rounds. Hard Armor provides a variety of rifle threat protection. The Army tests each of these systems as they are warn. The Army tests soft armor as a standalone system. When testing Hard Armor, the Army, tests the insert with soft armor behind the hard armor in the same configuration it is worn by the Soldier in a carrier.

1.2 A simulated, or surrogate, shoot pack representative of the soft armor system is used for hard armor testing in order to have a consistent soft armor base on which to test hard armor. The shoot pack is a 15-inch-by-15-inch packet that is comprised of the soft ballistic insert design and a cover. Army owns the Technical Data Package (TDP) to produce surrogate shoot packs for IOTV and MSV armor. The Pathfinder S shoot pack design is the representative surrogate for IOTV soft armor. The MSVB100 shoot pack design is the representative surrogate for MSV soft armor.

1.3 Critical Safety Item. The Government considers the shoot pack a Critical Safety Item (CSI) subject to the requirements outlined in this SOW at 8.0.

2.0 Scope. This SOW sets forth the requirements to deliver the shoot pack (hereafter referred to as the “end item”). The scope of work covered by this SOW includes all procurement and production activities required to obtain First Article Test (FAT) approval and production authorization to begin production, manufacture the shoot pack pocket, soft armor packet, and other materials that constitute the end item, and deliver the end item after Lot Acceptance Testing (LAT).

Note: For the purpose of this document, the term “Contractor” (capitalized) refers specifically to the entity providing the end item, whether or not that entity is the actual end item manufacturer (see “actual manufacturer” at 8.2.9.1 of this SOW). The terms “contractor” and “subcontractor” (small case) refer not to the entity providing the end item to the Government but rather to entities providing end item components or supplies to the Contractor, or ancillary services to the

Government.

2.1 End Item Documentation. The Contractor shall provide the end item in accordance with the latest version of the Purchase Description (PD) and Technical Design Package(s) (TDPs) listed in Section J of the contract. The PD provides the shoot pack construction and performance requirements. The TDP directs how each shoot pack shall be produced to include specific material type, fabric, yarn denier, number of plies, how each package shall be stitched, and how the shoot pack carrier shall be produced. The following documentation will be provided in Section J of the contract.

Purchase Description (PD) Shoot Pack, Ballistic Testing AR/PD 11-01, (hereafter referred to as the “PD”);

Pathfinder S Technical Design Package (TDP).

MSV B100 TDP

2.2 Production Quantities and Contract Type. The Government will procure production quantities through an Indefinite Delivery, Indefinite Quantity (IDIQ) type contract(s). The execution of Contract Line Item Numbers (CLINs) is at the Government’s discretion and based on the availability of funds, schedule, and testing events.

3.0 Requirements.

3.1 Procurement Requirements:

3.1.1 Required Delivery Dates for Production Quantities. Required delivery dates will be established on each individual Delivery Order(s) (DOs).

3.1.2 Lot Size. Each production lot shall contain no more than three thousand two hundred (3,200) finished end items

3.2 Product Support Requirements. The Contractor shall verify design characteristics, product support strategy, and infrastructure.

3.2.1 Workmanship. The finished product shall conform to the quality requirements established by the respective PD and TDP listed in Section J of the contract. The Contractor shall verify and validate that all fabrication procedures used during production meet workmanship requirements as defined in the PD, TDP, and contract. All materials used by the Contractor in the construction of the finished end item shall consist of quality levels to assure conformance to all requirements, unless otherwise authorized by the Government. All components shall be thoroughly clean and free from production debris, stains, and other foreign matter. Material layers shall be free of contaminants such as foreign objects, debris, any material not associated with the TDP, loose fragments of component material, and operator elements not part of the component material level.

3.2.2 End Item Shelf Life. The Contractor shall ship the finished end items following Government LAT approval and ensure that no less than ninety percent (90%) of component shelf life remains. The remaining shelf life shall be at least five (5) years or sixty (60) months at time of receipt at the delivery location indicated on each DO. The Government will verify remaining shelf life prior to acceptance of the finished end items. End items, components, and materials shall suffer no additional degradation in performance in storage for a period of five (5) years after delivery.

3.2.3 Manufacturing Shelf Life. The Contractor and its subcontractor(s) shall not incorporate, integrate, or include expired (shelf life) raw materials or parts in the manufacturing of any subassembly or end item. If the end item’s PD does not define shelf life expiration for raw materials, the Government will honor the recommended shelf life expiration from the raw material source. The Government will consider any end item manufactured with expired material as “nonconforming” and will reject the end item.

3.2.4 Limited Life Materials. The Contractor shall provide shelf life, cure date, date of manufacture, and expiration date to the Government for all limited life materials. The Contractor shall record this information on the Certificates of Conformance (CoC). The Contractor shall consume all materials used to manufacture the subcomponents and finished end item prior to the material expiration date established by the actual manufacturer.

3.2.5 Warranty. The Contractor shall deliver a product that conforms to contractual requirements after acceptance. The warranty period shall be a minimum of three hundred sixty five (365) calendar days from the date of delivery. If the Contractor’s commercial warranty exceeds three hundred sixty five (365) calendar days, the Government shall receive the benefit.

The Contractor shall deliver to the Government the written terms of the commercial warranty for use in returning nonconforming products identified after acceptance. The Contractor shall ensure that the warranty for all production lots complies with the contract. Products provided shall comply with FAR clause 52.246-17, Warranty of Supplies of a Noncomplex Nature (June 2003). The conditions for return, correction, or replacement to the Government, as stated in FAR clause 52.246-17, shall apply if the Contractor supplies a commercial warranty.

3.2.6 Traceability. Lots shall not contain commingled approved designs from different sources of supply; all lots shall be traceable to and from a single component source of supply. In the event of item failure, the Contractor shall have access to, and shall provide to the Government upon request, all information necessary to trace the end item back through the manufacturing process. The Contractor shall produce the documents outlined in this SOW at 4.5.5 when requested by the Contracting Officer.

3.3 General Acquisition Requirements.

3.3.1 Intellectual Property Rights. Any IP, whether data, design, pattern, or otherwise, contained in the SOW or in the PD and provided to the Contractor under this contract is the property of the Government.

3.3.2 Data and Software Rights. Data and Software rights are covered under Defense Federal Acquisition Regulation Supplement (DFARS) clauses 252.227-7013, Rights in Technical Data - Non-commercial Items; 252.227-7014, Rights in Noncommercial Software and Noncommercial

Computer Software Documentation; 252.227-7015, Technical Data – Commercial Items;

252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends; and 252.227-7027, Deferred Ordering of Technical Data or Computer Software. Other than Government-furnished data, all technical data will be owned by the Contractor; however, the Contractor shall grant a license in technical data to the Government in accordance with required or negotiated license rights.

3.3.3 Patent Rights. The Contractor shall comply with FAR clauses 52.227-1, Authorization and Consent; 52.227-2, Notice and Assistance Regarding Patent and Copyright Infringement;

52.227-3, ALT II, Patent Indemnity; 52.227-6, Royalty Information; and 52.227-9, Refund of Royalties; and with DFARS clause 252.227-7038, Patent Rights - Ownership by the Contractor (Large Business); 252.227-7039, Patents-Reporting of Subject Inventions, as they pertain to the patent rights for this contract.

3.4 Berry Amendment Compliance. The Contractor shall ensure that all provided products comply with the Berry Amendment, in that all applicable components of end items are to be “grown, reprocessed, reused, or wholly produced in the United States.” All component parts shall be identifiable and traceable throughout the supply chain and in compliance with the Berry Amendment. The Contractor shall abide by DFAR clause 252.225-7012, Preference for Certain Domestic Commodities and Section E of the contract. The Contractor shall provide documentation to the Government each time there are changes to raw material lots to validate Berry Amendment compliance.

3.5 Buy American Act Certification. The Contractor shall ensure that all provided products comply with FAR clause 52.225-1, Buy American Act, and with DFARs clause 252.225-7001, Buy American Act and Balance of Payments. The Government will ensure that all pertinent FAR and DFARs clauses are included in the contract.

3.6 Organizational Conflict of Interest. Product Manager Soldier Protective Equipment (PM SPE) may use Government personnel, Government contractor personnel, and Government subcontractor personnel to perform work in support of this contract. These personnel will have access to, or participate in, the review of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or may perform evaluation services (Quality Assurance Audits) which may create a current, or subsequent, Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan shall be acceptable solely at the discretion of the Contracting Officer. The Contracting Officer may recommend other remedies as he or she deems necessary. This action may include prohibiting the Contractor from participation in subsequent contracted requirements affected by the OCI.

3.6.1 Remedy for Verified Violation of OCI. The Contracting Officer will affect the appropriate remedy for any verified violation of OCI.

3.7 Inquiries. The Contractor shall direct all inquiries, comments, or complaints arising from any matter observed, experienced, or learned, because of, or in connection with, the performance of the contract, the resolution of which may require the dissemination of official information, to the Contracting Officer and the Contracting Officer Representative (COR).

3.8 Payment. Section G of the contract will provide the requirements for payment requests and supporting documentation.

3.9 Changes in Contractor Status. The Contractor shall notify the Contracting Officer via electronic mail within twenty-four (24) hours of detecting any changes in contract status after the Contractor has submitted end items for FAT Approval. Changes in contract status include any manufacturing or production process changes, production facility changes, subcontractor defaults, or component, subcomponent, or material failures, etc. Electronic notification shall be in writing and shall include a clear description of the changes and or nonconformity, to include affected parts, serial numbers, product nomenclature, CLINs, National Stock Numbers (NSNs), the identity of the contract facility from which shipment was released, and quantity and date(s) of delivery. Even when a status change is due to a subcontractor failure, or, any other event over which the Contractor has no direct control, the Contractor shall not implement engineering or product changes without the explicit knowledge and approval of the Contracting Officer. The Government reserves the right to reject any Engineering Change Request (ECR). The Contractor bears all financial responsibility for all delays and for correction of any non-conforming materials delivered to the Government.

3.10 Change in Design Status. FAT Approval establishes the end item baseline. No changes to the material or design in the TDP are allowed. The Contractor shall immediately notify the Contracting Officer of any of the following changes prior to implementation. The Contractor shall not proceed with changes to manufacturing without written approval from the Contracting Officer.

a. Revisions to the PD, drawings, other specifications, or standards using the ECR process

b. Changes in material

c. Changes in the manufacturing process

d. A change in the approved source’s manufacturing location

e. A transfer of manufacturing facilities for any approved source since FAT manufacture

3.11 Documentation. Any documentation provided by the Contractor shall correspond to the exact FAT approved end item(s) and components that the Contractor has furnished to the Government. If the Contractor is not the actual manufacturer of the end item or of any portion of the end item, the Contractor shall obtain updated documentation from the actual manufacturer(s) and shall provide that documentation to the Government. Failure to provide adequate documentation within the timeframe requested by the Contracting Officer may result in critical schedule delays, i.e. lot rejections.

3.11.1 Records Maintenance and Availability. The Contractor shall maintain U.S. Government records, including copies of original results and reports, verified original data, corrected data, and corrected supporting final reports, these items remain the property of the U.S. Government.

The Contractor shall surrender these files, results, reports, and data to the COR when requested by the COR. Digital files shall be in the original, text-searchable form.

3.11.2 File Formats. The Contractor must follow the specific file formats shown below (or compatible file formats) for document creation. If a submitted file requires a password to access the content, the Contractor shall provide the password to the Government. Spreadsheet formulas must be accessible without password restriction. Files shall be in their original, text-searchable form.

Narrative: Microsoft Word 2016 or later Adobe Portable Document Format (PDF) Spreadsheets: Microsoft Excel 2016 or later Presentations: Microsoft PowerPoint 2016 or later Pictures: JPEG Patterns/Drawings: ACCUMARK

3.11.3 Documentation templates. The Contractor shall submit the following documentation in accordance with (IAW) requirements in the SOW and the Attachments located in Section J of the contract.

a. Engineering Change Request (ECR) form. Attachment 1 – PM SPE FORM 1 Engineering Change Request (ECR).

b. Production Readiness Review (PRR) form. Attachment 2 – Production Readiness Review.

c. Quality Management System Verification Table. Attachment 3 – PM SPE FORM 11 Quality Management System Crosswalk Matrix.

d. Corrective Action Request (CAR) form. Attachment 4– PM SPE FORM 3 Corrective Action Report.

e. Process Control Plan. Attachment 5 – PM SPE FORM 15 Process Control Plan.

f. Shipping forms. Attachment 6 – Peckham Vocation Industries General Vendor Shipping Instructions.

3.12 Contract Management Requirements.

3.12.1 Contracting Officer Representative (COR). The COR monitors all technical aspects of the contract and assists in contract administration. The Contracting Officer will issue a letter of appointment to the COR, stating the responsibilities and limitations of the COR. The COR is not authorized to change any of the terms and conditions of the contract, to include changes in contractual delivery dates or shipping address of contract end items, or to direct the Contractor to perform any work outside of the scope of the contract. The Contractor shall notify the Contracting Officer in writing within twenty-four (24) hours of any unauthorized commitment made by the COR or any other Government employee.

3.12.2 Program Manager (PM). The Contractor shall assign a Program Manager who shall serve as the primary Point of Contact (POC) between the Government and the Contractor and shall be fully responsible for the coordination of all Contractor activities related to the contract, to include cost, schedule, performance, and data management. This person shall have the authority to commit the Contractor to specific courses of action and accept direction from the Contracting Officer or the Contracting Officer’s authorized representative(s). The PM shall be responsible for coordinating all meetings between the Government and the Contractor. The PM shall be responsible for bringing to the Contracting Officer’s attention any conflicts in the Contractor's interpretation of the contract requirements (first by telephone, then in writing).

3.12.3 Government Reviews/Visits/Reporting. The Contractor shall make personnel available for informal reviews and visits by Government representatives or Government support contractors. If the Government initiates a review or visit, the Government will provide an agenda to all participants. If the Contractor initiates a review or visit, the Contractor shall prepare and submit an agenda prior to the meeting.

3.12.4 Meeting Minutes. The Contractor’s PM shall be responsible for taking minutes of all meetings and for distributing those minutes via e-mail to the entire Integrated Product Team (IPT) (see 3.13.3) and to all attendees no later than (NLT) two (2) business days after the meeting. The Contractor shall prepare a report following the meeting or review to summarize the discussions and any action items generated, including the topics, a brief description of each discussion, the Action Officer assigned, and the suspense date for completion. Contractor format for this report is acceptable.

3.13 Meetings.

3.13.1 Post Award Conference (PAC) and Periodic Progress Meetings. The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The Contracting Officer, COR, Defense Contract Management Agency Quality Assurance Representative (DCMA QAR) and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor’s performance. At these meetings, the Contracting Officer will apprise the Contractor of how the Government views the Contractor’s performance. In turn, the Contractor shall apprise the Government of any problems the Contractor may be experiencing. The responsible party shall take appropriate action to resolve any outstanding issues. These meetings shall be at no additional cost to the Government.

3.13.1.1 The PAC shall occur NLT twenty-one (21) calendar days after contract award. If schedule conflicts preclude the parties from conducting the PAC within twenty-one (21) calendar days of contract award, the Government and the Contractor will agree to a meeting date as soon thereafter as possible.

3.13.1.2 The purpose of the PAC shall be to discuss project orientation, transfer background information, and ensure a mutual understanding of the technical requirements, contractual requirements, and Quality Assurance (QA) provisions of the contract. The Contractor shall ensure attendance of all personnel and subcontractors that are necessary for a discussion of the contract effort. Scheduling of the PAC shall not change the delivery schedule of the contract.

The Contractor shall:

a. Conduct a system requirements review to ensure that the Contractor understands all requirements and that there is mutual agreement of these requirements between the Government and the Contractor.

b. Conduct a preliminary review of the design concept to verify its capability to meet the requirements of the PD.

c. Make available to Government representative(s) the documentation for production planning, manufacturing methods and controls, material and manpower resource allocation, production engineering, the quality control and assurance program, production management organization, and controls over subcontractors and suppliers. The Contractor shall provide documentation which identifies all subcontractors and suppliers, if any, by location and manufacturing function, as well as all raw materials to be used in the product and all critical processes.

d. Review and clarify all contract requirements and production milestones required to execute the contract within the schedule constraints set forth by the Government. (see summary in Attachment 7). The Contractor shall make the initial milestone schedule available to the Government NLT seven (7) calendar days after the PAC. The type of schedule shall be to the Contractor’s discretion, but a Gantt schedule is preferred. The Contractor shall deliver the schedule to the Government in either a Project, PowerPoint, Word, or Excel format. The key milestones should include, at a minimum, those provide in Attachment 7.

f. The Contractor shall document post award meeting minutes and distribute those minutes via e-mail to the all attendees NLT seven (7) calendar days after the PAC.

3.13.2 Production Readiness Review (PRR) Meeting: The Government will conduct a PRR meeting IAW 5.3 and its subsections, as well as 3.11.3.b and 4.4 of this SOW, to verify that the Contractor has incorporated all lessons learned from FAT into the Contractor’s design and manufacturing process(es) for the product.

3.13.3 Integrated Project Team (IPT) Meetings. The Contractor shall attend IPT meetings on a weekly basis (or other mutually agreed to schedule) to review the progress of the effort throughout the contract period of performance. Each IPT meeting will include, at a minimum, the Government Assistant Product Manager (APM), COR, DCMA QAR, Contracting Officer, Contractor PM, Product Team Engineer, Product Team QA, and other key personnel. The IPT meeting shall be held at a day and time that is mutually agreed upon between the Government, the Contractor’s PM, the Contracting Officer, and DCMA QAR. The Contractor’s PM shall be prepared to brief the production status, logistics schedule, and any issues related to execution.

The Contractor shall provide an updated version of the milestone schedule one calendar day prior to the IPT and The Contractor’s PM shall provide meeting minutes to all attendees IAW 3.12.4.

The Government will be responsible for the agenda.

3.14 Monthly reports. The Contractor shall provide Monthly Status Reports (MSRs) to the Contracting Officer and COR. The Contractor shall submit an MSR NLT the fifth (5th) calendar day of each month and it shall detail the activities for the prior month. The Government will provide the format for the report to the Contractor. Monthly reports shall contain, at a minimum, pending ECRs, internal and external corrective action response statuses, problem solving initiatives, risks, areas of opportunity, and issues during contract execution.

3.15 Contract Performance Requirements.

3.15.1 Contractor’s Obligation to Meet Requirements of the Contract. The Contractor shall perform to the quality standards, reporting systems, and supportability required for testing, inspection, and delivery of the end item as defined in the contract, PD, and this SOW. The Contractor is encouraged to use commercial and industrial processes and practices that shall reduce production and operational support costs while meeting the requirements of the contract.

All Contractor requirements within the SOW are subject to audit by the Government.

3.15.2 Production Performance. The Contractor shall establish measures, metrics, and parameters for production performance as key indicators of end item performance to verify production quality, capacity, consistency, etc. meet contract requirements. The Contractor’s key indicators shall be feasible and meet the intent of the SOW. The Contractor shall document Production Performance metrics as part of the Quality Control Plan in the Production Process Package (PPP).

3.15.3 Technical Performance. The Contractors shall assess all technical activity critical to successful end item production and performance of requirements stated in the order, contract, TDP, and PD. The TDP, DP, and internal processes shall reflect the Contractor’s successful end item realization. The Contractor shall provide maintain and make available upon requires, Test and Evaluation (T&E) measurement methods, equipment used, and measurement feasibility documentation for validation or verification of approved designs.

3.15.3.1 Calibration System. The Contractor shall maintain a calibration system IAW American National Standard Institute/ National Conference of Standards Laboratories (ANSI/NCSL) standard Z540.3-2006 or higher regarding Requirements for the Calibration of Measuring and Test Equipment to ensure that all test, inspection, measurement, and diagnostic equipment, including all accessories and ancillary equipment, are calibrated, identified, and labeled appropriately, and that the calibration is traceable to national measurement standards from the National Institute of Standards and Technology (NIST).

3.15.4 Use of Contractor's Inspection Equipment. The Contractor shall make available to the Government all gauges, measuring, and testing devices required to determine conformance with contract requirements. If requested by the Government, the Contractor shall make available personnel for operation of such devices and for verification of their accuracy and condition.

3.15.5 Operations. The Contractor shall carry out all manufacturing operations under controlled conditions in order to assure that the end item achieves and maintains the product characteristics and criteria specified by the contract. Controlled conditions include documented process control and in-process inspection procedures, methods for identifying and handling material, and adequate production equipment and working environments.

3.15.6 Place of Performance. The Contractor shall identify per FAR 52.215-6, Place of Performance (October 1997) all work to be performed, end item component suppliers, subcontractor and material supplier names, and places of performance, including subcontractor names, physical locations of performance, and component and or material supplied. The Contractor shall submit any request for changes to the contractually identified place of performance to the Contracting Officer for review and approval. The Contractor shall identify the new location and provide the verification data used to certify the new location, including production capacity, floor plans, and management reviews and transition plans for startup at the new location. Changes in production location may also require conduct of a new FAT; if so, the Contractor shall bear the cost of this additional testing.

3.15.7 Logistics Support. The Contractor shall ensure appropriate equipment, facilities, spares, technical information, trained personnel, procurement, and distribution for all actions essential to complete proper operations and meet contractual requirements.

3.15.8 Schedule. The Contractor shall deploy feasible measures, metrics, parameters, and constraints in the initiation, execution, monitoring, and control of the end item delivery schedule.

The Contractor shall implement proper corrective actions and communication with PM SPE for high risks to the critical path and schedule slippage.

3.15.9 Order Production Milestone Schedule. The Contractor shall provide a delivery schedule NLT seven (7) calendar days after the award of a Delivery Order. The Contractor shall provide the Government with a schedule for receipt of raw materials, completion of pre-production milestones, and anticipated production initiation. Once production begins, the schedule shall contain all intended end item lots, quantities, associated sizing tariff(s), and delivery dates associated with the contract.

3.15.10 Timeline for Deliveries. The Contractor shall deliver the contract’s minimum number of end item articles within the following timelines:

a. Deliver the Pre-First Article Test Deliverable, also known as the Design Package, (CLIN 0001) NLT twenty-one (21) calendar days after award of Delivery Order IAW this SOW.

b. Deliver FAT samples (CLIN 0002) NLT forty-five (45) calendar days after award of Delivery Order IAW with this SOW.

c. Deliver 1st Lot (CLIN 0003) NLT forty five (45) days after First Article Test Approval IAW this SOW.

3.16 Shipping and Packaging Instructions. The Contractor shall follow Peckham General Vendor Shipping Instructions (Attachment 6). Shipping boxes shall meet the American Society for Testing and Materials Standard Practice for Fabrication of Fiberboard Shipping Boxes, ASTM D 5118, Type CF, Class WR, or better. The Contractor shall maintain records for each shipment that includes photo evidence of the condition of each box and end item prior to shipment.

3.17 Passive Radio Frequency Identification (RFID). The Contractor shall affix passive RFID tags to each box/pallet per Defense Federal Acquisition Regulation (DFAR) clause 252.211– 7006, Passive Radio Frequency Identification, IAW the “United States Department of Defense Suppliers’ Passive RFID Information Guide” Latest Version (version 10 and higher). The Contractor is not required to affix passive RFID tags to containers of end items delivered for

FAT.

3.17.1 Advanced Shipment Notice (ASN). The Contractor shall provide ASN via Wide Area Work Flow (WAWF) and direct Electronic Data Interchange (EDI) transmittal. The Government will present the requirements and communication instructions for direct transmittal at the PAC.

3.17.2 Shipping Discrepancy Instructions. Receiving location personnel will immediately inform the Contracting Officer of any shipping discrepancies. The Contracting Officer will inform the Contractor of any such discrepancies and will recommend remediation within seven calendar (7) days of discovery. The Contracting Officer or COR will provide the Contractor with a POC at the receiving location and the Contractor shall ensure that its shipping or WAWF representatives connect with the provided receiving location POC to remedy the issue. The Contractor shall have fourteen (14) calendar days to rectify the issues before the Government issues a formal non-conformance notice.

3.17.3 Address for Dry Layups and Samples. The Contractor shall send the dry layups and molded unfinished and/or finished end items, if any, to the address listed on the individual DOs on this contract. Should Contractor proprietary information prevent distribution, the Contractor shall be required to maintain configuration control and any changes require with written consent from the Government. The Government shall review and approve this deliverable at the Contractor’s facility. The Government shall have access to review this deliverable at any time with minimal notification.

3.17.4 Address for Test Article Submissions. The Contractor shall submit Government selected test samples with a Department of Defense (DoD) Form DD1222, Request for and Results of Tests, (DD1222) for evaluation to the address below. Attachment 8 provides guidance on filing out the DD1222.

DODACC: W81C5M U.S. Army Aberdeen Test Center 6850 Lanyard Road, Bldg. 358 Aberdeen Proving Ground, MD 21005-5059 ATTN: B608 (Direct Ship) – Protective Equipment Test Branch

POC: Joel Heath

(410) 278-4573 joel.b.heath2.civ@mail.mil

3.17.5 Address for Delivery of Production Items. The Contractor shall submit accepted production items utilizing a DD1222 to the address listed on the individual delivery orders on this contract.

3.18 Training Requirements

3.18.1 Awareness Training (AT). All Contractor employees, including subcontractor employees, requiring access to Army installations, facilities, or controlled access areas shall complete AT Level I NLT forty-five (45) calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies. The Contractor shall submit Certificates of Completion for each affected Contractor employee and subcontractor employee to the COR and Antiterrorism Officer (ATO), NLT sixty (60) calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at https://securityawareness.usalearning.gov/opsec/index.htm.

3.18.2 Compliance with Access and Security Policies. The Contractor’s and all associated subcontractors’ employees shall have training on applicable Army installation, facility, and area commander installation and facility access and local security policies and procedures (provided by the Government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements enforced by the installation Provost Marshal Office, Director of Emergency Services, or Security Office. The Contractor workforce shall comply with all personal identity verification requirements as directed by the DoD, Headquarters Department of the Army (HQDA), and local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes.

3.18.3 iWATCH Training. The Contractor and all associated subcontractors shall brief their employees on the local iWATCH program: http://slideplayer.com/slide/5285421/. The Contractor shall use this training to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR and ATO. This training shall be completed NLT forty-five (45) calendar days after contract award and NLT forty-five (45) calendar days after a new employee’s commencing performance, with the results reported to the COR and ATO NLT sixty (60) calendar days after contract award or new employee commencement respectively.

3.18.4 Personnel Training. The Contractor shall ensure workplace training includes, but is not limited to, job skills, ethics, non-discrimination, security, anti-retaliation, safety, and Fair Labor

Standards Act (FLSA) training, and other training requirements set forth in this SOW.

3.19 Security Requirements.

3.19.1 Disclosure. Neither the Contractor nor any of its subcontractor providers shall disclose or cause to disseminate any information concerning operations of military activities and or sensitive performance requirements. Unauthorized disclosure shall constitute a violation of the contract and may result in legal action.

3.19.2 Background Checks. The Contractor shall implement an employee verification process, whether through background checks or other similar processes, provide a written response explaining how the verification process was completed, and attest to the trustworthiness of the workforce, within forty-five (45) calendar days of contract award.

3.19.3 Operations Security (OPSEC) Plan. The Contractor shall develop an OPSEC Standard Operating Procedure (SOP) Plan NLT ninety (90) calendar days after contract award (and updated annually thereafter). This SOP Plan will specify the Government’s critical information, why the Contractor needs to protect the information, where it is located, who is responsible for it, and how to protect it. In addition, the Contractor shall identify an individual who will be the OPSEC Coordinator.

3.19.4 Program Access Approval. All Contractor employees, including subcontractor employees, requiring access to Army installations, facilities, or restricted access areas shall complete Awareness Training IAW 3.18.1 of this SOW. The Contractor shall submit Certificates of Completion for each affected Contractor employee and subcontractor employee to the COR/ATO, (or to the Contracting Officer, if a COR is not assigned) NLT sixty (60) calendar days after completion of training by all employees and subcontractor personnel.

3.19.4.1 Identification Verification. The Contractor’s and all associated subcontractors’ employees shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures. The Contractor workforce shall comply with all personal identity verification requirements as directed by DoD, HQDA, and/or local policy. In addition to the changes authorized by the changes clause of the contract, if the FPCON at any individual facility or installation changes, the Contractor shall update their security processes and procedures to align with the new installation or facility changes.

3.19.5 Authorized Personnel. The Contractor shall only conduct business with designated Government personnel listed as the PM SPE POCs.

3.19.5.1 Government Notice of PM SPE POCs. The Government will provide the names of Government authorized personnel contacts to the Contractor in writing, and will update the information if POCs change throughout the contract period.

3.19.6 Security Classification Guide (SCG). The Contractor shall classify all documentation relating to the SOW using the SCG.

3.19.6.1 Contract Security Classification Specification. A DD Form 254, Contract Security Classification Specification, may be included with the Request for Proposal (RFP) and contract if applicable. The DD Form 254 contains the requirements for handling and processing any sensitive or classified documentation related to the contract and identifies the SCG that the Government developed for the SPS Program. The SCG also covers all related component systems, including the end item. [NOTE: The SCG is not a Contractor deliverable. The Government will provide a copy of the SCG that describes the security requirements for the SPS Program and all of the component sub-systems, as required by FAR Subpart 4.4, Safeguarding Classified Information within Industry.]

3.19.6.2 Security Agreements. The Contractor shall comply with Federal Acquisition Regulation (FAR) 52.204-2, Security Requirements. This clause involves access to information classified “Confidential,” “Secret,” or “Top Secret,” and requires Contractors to comply with (1) the Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M) and (2) any revisions to DoD 5220.22-M, notice of which will be furnished to the Contractor.

4.0 Product Realization. The Contractor shall fulfill the requirements of the International Organization for Standardization publication, ISO 9001:2015, Quality Management Systems- Requirements, or higher, regarding Product Realization.

4.1 Production Design. The Contractor shall consider production process architecture and risks during development of the design. The Contractor shall create production processes that represent the design’s requirements in its entirety, satisfy lot size requirements, ensure process and product safety, process control, and minimize or eliminate variation.

4.2 Design Package (DP). The Contractor shall ensure completeness and accuracy of the DP data in describing the design for carrier, soft armor, all subassemblies, and component parts. The Contractor design described by the DP documents is that configuration submitted for FAT and obtaining FAT Approval. The DP for all design variants shall include the items and information required by the end item PD.

4.3 Design Verification and Validation Review. The Contractor shall conduct a review at the end item system level and component level to ensure that the initial product baseline is established. This shall include Verification and Validation (V&V) of the drawings, patterns, or designs provided by the Government, for this product. The Contractor shall provide a memorandum confirming they have completed the V&V and that their system and components meet the requirements specified in the PD, or shall provide comments and suggested changes if the patterns or drawings do not meet requirements. The Contractor shall provide the memorandum and results of the V&V to the Government prior to the Pre-FAT audit and shall not proceed with any production, FAT or otherwise, prior to Government adjudication of any suggested changes proposed by the Contractor.

4.3.1 Pre-FAT Audit. The Government will conduct a Pre-FAT audit to ensure the Contractor is sufficiently ready for production of FAT samples. The Government will review the Bill Of Materials (BOM), all Purchase Orders (PO) associated with materials needed for production, Certificates of Conformance (CoC), test data, and the production workflow to ensure that requirements for production are in place and all operations are performed by the Contractor or by the Subcontractors listed in the contract. Only after a successful audit can the Contractor begin building FAT samples.

4.4 Production Process Package (PPP). The Contractor shall submit a PPP for Government acceptance and approval NLT fourteen (14) calendar days after FAT submission.