B08 - W519TC-23-R-0024.pdf

SOLICITATION, OFFER AND AWARD 1. This Contract Is A Rated Order Under

DPAS (15 CFR 700)

Rating Page of Pages

2. Contract Number 3. Solicitation Number 4. Type of Solicitation 5. Date Issued 6. Requisition/Purchase Number Sealed Bid (IFB)

Negotiated (RFP)

7. Issued By Code 8. Address Offer To (If Other Than Item 7)

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

SOLICITATION

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 until (hour) local time (Date).

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 A. Name B. Telephone (No Collect Calls) C. E-mail Address

Call: Area Code Number Ext.

11. Table Of Contents

(X) Sec. Description Page(s) (X) Sec. Description Page(s)

Part I - The Schedule Part II - Contract Clauses A Solicitation/Contract Form I Contract Clauses

B Supplies or Services and Prices/Costs Part III - List Of Documents, Exhibits, And Other Attach.

C Description/Specs./Work Statement J List of Attachments D Packaging and Marking Part IV - Representations And Instructions E Inspection and Acceptance K Representations, Certifications, and F Deliveries or Performance Other Statements of Offerors G Contract Administration Data L Instrs., Conds., and Notices to Offerors H Special Contract Requirements M Evaluation Factors for Award

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____ calendar days (60 calendar days unless a different 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 10 Calendar Days (%) 20 Calendar Days (%) 30 Calendar Days (%) Calendar Days (%) (See Section I, Clause No. 52.232-8)

14. Acknowledgment of Amendments (The offeror acknowledges Amendment No. Date Amendment No. Date receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

15A. Name and Code Facility 16. Name and Title of Person Authorized to Sign Offer Address of (Type or Print) Offeror

15B. Telephone Number 15C. Check if Remittance Address is 17. Signature 18. Offer Date Area Code Number Ext. Different From Above – Enter such

Address In Schedule

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: 23. Submit Invoices To Address Shown In Item

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

24. Administered By (If other than Item 7) Code 25. Payment Will Be Made By Code

26. Name of Contracting Officer (Type or Print) 27. United States Of America 28. Award Date

(Signature of Contracting Officer)

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

AUTHORIZED FOR LOCAL REPRODUCTION Standard Form 33 (Rev. 9-97) Previous edition is unusable Prescribed By GSA-FAR (48 CFR) 53.214(c)

W519TC-23-R-0024

X

2023JUN05

2023JUL2012:00pm

DOA6

2023JUN05 SEE SCHEDULE

W519TC

ARMY CONTRACTING COMMAND - RI

ROCK ISLAND, IL 61299-8000

LAURA K. SPENCER

(309)782-0295

CCRI-AR

LAURA.K.SPENCER2.CIV@ARMY.MIL

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CONTINUATION SHEET

Reference No. of Document Being Continued Page of

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION A - SUPPLEMENTAL INFORMATION

Buyer Name: LAURA K. SPENCER

Buyer Office Symbol/Telephone Number: CCRI-AR/(309)782-0295

Type of Contract 1: Fixed Price with EPA - Actual Costs

Kind of Contract: Supply Contracts and Priced Orders

*** End of Narrative A0000 ***

A.1. This Request for Proposal (RFP), W519TC-23-R-0024 is issued to fulfill the U.S. Governments requirements for the MK 3 Mod 0 Pallet and MK 12 Mod 1 Pallet. This RFP will be competed as 100% Small Business Set Aside.

A.2. The following items will be procured under this solicitation:

MK 3 Mod 0 Pallet NSN: 3990-00-039-0223, Part No. 564200

MK 12 Mod 1 Pallet NSN: 3990-00-566-2472, Part No. 2645217

A.3. The U.S. Government intends to award one five-year, Fixed Price with Economic Price Adjustment (FP-EPA), Indefinite-Delivery

Indefinite-Quantity (IDIQ) contract. Lowest Price Technically Acceptable (LPTA) Source Selection Procedures in accordance with FAR

15.101-2 and DFARS 215.101-2-70 will be utilized to select the successful offeror.

A.4. The resultant contract will consist of five Ordering Periods (OP) to award Fiscal Year (FY) 2024 - 2028 requirements. The OPs are defined as follows:

OP1 - Date of Award - 365 Days After Award (DAA)

OP2 - 366 DAA - 730 DAA

OP3 - 731 DAA - 1095 DAA

OP4 - 1096 DAA - 1460 DAA

OP5 - 1461 DAA - 1826 DAA

A.5. The Minimum Guaranteed Quantity (MGQ) will be awarded concurrently with the IDIQ contract as a separate Delivery Order. The U.S.

Government is under no obligation to order more than the MGQ under this IDIQ. The MGQ is as follows:

500 each MK 3 Mod 0 Pallets

A.6. During the life of this contract (Date of Award - 1826 DAA), the U.S. Government is entitled to order a maximum total quantity of

40,000 each MK 3 Mod 0 Pallets and 6,600 each MK 12 Mod 1 Pallets.

A.7. The anticipated contract allows for EPA for steel only. Please refer to Section I clause, Economic Price Adjustment - Steel

(Actual Cost) of this solicitation for instructions and requested information pertaining to EPA.

A.8. Offerors shall submit unit prices for each quantity range and applicable First Article Tests (FAT) for all five ordering periods.

All quantities and delivery schedules are listed in Section B of this solicitation; however, all prices shall be entered on the Price

Evaluation Spreadsheet, Attachment 0001. FAT costs are required to be included for each ordering period. The Government may waive the requirement for FAT where supplies identical or similar to those called for in the schedule have been previously furnished by the offeror/contractor and have been accepted by the Government when there is no lapse in production for a period in excess of 90 days.

Offerors should not assume FAT will be waived and must provide FAT cost as required to be considered for award.

A.9. All proposals shall be submitted in U.S. Dollars (Reference FAR 52.214-35).

A.10. FAT: This RFP includes a separately priced First Article Test Report (FATR) Contract Line Item Number (CLIN). FAT is required to be performed by the contractor, as described in Section E, E0005 - First Article Test (Contractor Testing) and clause 52.209-3, First

Article Approval - Contract Testing (ALT 1). FAT shall be conducted 165 days after issuance of the Delivery Order. FATR shall be submitted no later than 195 days after issuance of the Delivery Order. Once submitted, the U.S. Government has 45 days to provide disposition. FATR approval is required before production can commence. If there is a lapse in production for a period in excess of 90 days, or whenever a change occurs in place of performance, manufacturing process, material used, or source of supply, the U.S.

Government may require the contractor to perform an additional FAT at the contractor's expense (reference Section E, E0005 - First

Article Test (Contractor Testing). Offeror(s) are required to propose separate prices for FAT for each ordering period.

A.11. Deliveries: Production delivery terms are F.O.B. Destination.

Proposed unit prices shall be F.O.B. Destination to Crane, IN; Radford, VA; Independence, MO; Marion, IL; Grand Junction, CO; Afton, TN;

Ridgecrest, CA; and Indian Head, MD.

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Deliveries shall commence within 365 days after issuance of the Delivery Order. All quantities awarded shall be delivered within 12 months from date of first delivery.

The subsequent delivery orders will be issued with or without FAT. If the Delivery Order is issued with FAT, the delivery schedule will be as stated above following the approval of the FATR. If the Delivery Order is issued without FAT, monthly deliveries will continue at the same rate and immediately after the delivery schedule in place for the items previously on contract.

A.12. Accelerated Deliveries: Early deliveries, defined as deliveries occurring prior to the scheduled month, will require prior written authorization from the Contract Officer.

A.13. In accordance with CFR 31 U.S.C. 1352, Offerors shall complete and return Attachment 0010 Disclosure of Lobbying Activities. If not applicable the Offeror shall mark Attachment 0010 Disclosure of Lobbying Activities with N/A and return Attachment 0010 with

Offerors proposal.

A.14. LPTA Source Selection Process in accordance with FAR 15.101-2 and DFARS 215.101-2-70 will be utilized to select the successful offeror. Award will be made to the Offeror who provides a technically acceptable proposal with the lowest total evaluated price. The

LPTA Source Selection Process will include an evaluation of the following three factors: (1) Technical Ability Factor, (2) Past

Performance Factor, and (3) Price Factor. Section L provides specific instructions to offerors regarding preparation and submittal of proposals. Evaluation of the proposals shall be in accordance with the criteria stated in Section M.

A.15. The U.S. Government intends to award the contract resulting from this RFP without discussions (SEE FAR 52.215-1). The Contracting

Officer may contact offerors for clarifications, as described in FAR 15.306(a), without opening discussions. However, the U.S.

Government reserves the right to conduct discussions, and to permit offerors to revise their proposals if determined necessary by the

Contracting Officer. The Offerors shall ensure its initial proposals contain the best terms and that proposals are complete, including all fill-ins and blanks.

A.16. The Technical Data Package (TDP) associated with the MK 3 Mod 0 Pallet and MK 12 Mod 1 Pallet are classified as Distribution D, Distribution authorized to the Department of Defense (DOD) and U.S. DOD Contractors Only. These documents contain technical data whose export is restricted by the ARMS Export Control Act (Title 22, U.S.C., SEC 2751, ET SEQ.) or the Export Administration Act of 1979, as

Amended, titled, 50 U.S.C. App 2240 Et Seq. Violations of these export laws are subject to severe penalties. Dissemination shall be in accordance with provisions of DOD Directive 5230.25. If Offerors want to become certified in order to receive the Technical Information for this solicitation they must fill out a registration form at:

https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/DD2345Instructions/

To obtain the Technical Information for this solicitation, the Offeror must request explicit access through the attachments/links tab in

Sam.gov under RFP W519TC-23-R-0024 (reference C0003 - TECHNICAL DATA PACKAGE INFORMATION, AND DISTRIBUTION AND DESTRUCTION OF RESTRICTED

TECHNICAL DATA). An Offeror must have an approved DD form 2345, Military Critical Technical Data Agreement, on file with the Joint

Certification Program (JCP) in order to be granted access to the Technical Information. Restricted technical data will not be available to an offeror who has not been certified.

A.17. The Offerors proposal shall be valid for 240 days after closing date of this RFP instead of the 60 days as stated on page one of this solicitation, block 12. Offerors shall annotate the 240 day period in block 12 of the executed SF 33.

A.18. The U.S. Government anticipates price competition; therefore, cost or pricing data is not required to be submitted with an

Offerors initial proposal. However, the U.S. Government reserves the right to require certified cost or pricing data in accordance with

FAR 15.215-20 Requiring Certified Cost or Pricing Data. Cost or pricing data clauses are not applicable unless there is no competition.

A.19. Flowdown of requirements: All clauses and Contract Data Requirements List (CDRL) requirements of solicitation W519TC-23-R-0024 and the resultant contract must be flowed down to and met by all major/key subcontractors as specified.

A.20. This solicitation will utilize the Acquisition Source Selection Interactive Support Tool (ASSIST) during the source selection evaluation process. A separate tool, the ASSIST2Industry, will be used in conjunction with ASSIST to accomplish all exchanges if applicable with Offerors after receipt of proposals pursuant to FAR 15.306. ASSIST2Industry provides the ability for the U.S. Government to issue, and the Offerors to receive and respond to, all Evaluation Notices (ENs) in a secure online environment. However, the U.S.

Government reserves the right to work outside of ASSIST if it is determined necessary and in the best interest of the source selection.

A.21. Army Contracting Command - Rock Island (ACC-RI) is the only ordering activity that can place orders on the resultant contract.

A.22. All questions regarding this RFP shall be submitted IAW paragraph A.23 no later than 12:00PM CT on 23 June 2023.

A.23. This RFP shall NOT be discussed with any U.S. Government employee except the Contracting Officer, Ms. Stephanie Migawa or the

Contract Specialist, Ms. Laura Spencer. Comments and questions should be directed in writing by email to

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stephanie.m.migawa.civ@army.mil and laura.k.spencer2.civ@army.mil. Please reference RFP number, W519TC-23-R-0024 in the subject line of all correspondence pertaining to this RFP.

A.24. Proposals shall be submitted electronically to stephanie.m.migawa.civ@army.mil and laura.k.spencer2.civ@army.mil. Due to file size restrictions, proposals may be submitted through DOD Secure Access File Exchange (SAFE), http://safe.apps.mil/ Non-CAC users will have to request a drop-off request from the Contracting Officer or Contract Specialist. Please visit the website for more details and instructions for its use. Cloud Services and third party drop boxes are not acceptable for proposal submission.

*** END OF NARRATIVE A0001 ***

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PIIN/SIIN

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

0001 MK 3 MOD 0 PALLET FIRST ARTICLE TEST REPORT ___________________________________________

First Article Test (FAT) Report shall be submitted for the MK 3 Mod 0 Pallet within 195 days after issuance of Delivery Order.

INSPECTION: Origin

ACCEPTANCE: Destination

The U.S. Government requires 45 days to review the

FAT Report after receipt of the report.

First Article Test prices shall be entered on the

Price Evaluation Spreadsheet at Attachment 0001 of

Section J.

(End of narrative F001)

0002 MK 12 MOD 1 PALLET FIRST ARTICLE TEST REPORT ____________________________________________

First Article Test (FAT) Report shall be submitted for the MK 12 Mod 1 Pallet within 195 days after issuance of Delivery Order.

INSPECTION: Origin

ACCEPTANCE: Destination

The U.S. Government requires 45 days to review the

FAT Report after receipt of the report.

First Article Test prices shall be entered on the

Price Evaluation Spreadsheet at Attachment 0001 of

Section J.

(End of narrative F001)

0003 MK 3 MOD 0 PALLET PRODUCTION QUANTITY _____________________________________

NSN: 3990-00-039-0223

P/N: 564200

Ordering Period 1: DOA - 365 DAA

Ordering Period 2: 366 DAA - 730 DAA

Ordering Period 3: 731 DAA - 1095 DAA

Ordering Period 4: 1096 DAA - 1460 DAA

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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

Ordering Period 5: 1461 DAA - 1826 DAA

Offerors must complete the Price Evaluation

Spreadsheet (See Attachment 0001).

INSPECTION AND ACCEPTANCE:__________________________

Inspection: Origin

Acceptance: Origin

DELIVERIES:___________

FOB POINT: Destination

Delivery locations: Crane, IN; Radford, VA;

Independence, MO; Marion, IL; Grand Junction, CO;

Afton, TN; Ridgecrest, CA; and Indian Head, MD.

Only Army Contracting Command - Rock Island is authorized to issue delivery orders under this contract.

(End of narrative F001)

0004 MK 12 MOD 1 PALLET PRODUCTION QUANTITY ______________________________________

NSN: 3990-00-566-2472

P/N: 2645217

Ordering Period 1: DOA - 365 DAA

Ordering Period 2: 366 DAA - 730 DAA

Ordering Period 3: 731 DAA - 1095 DAA

Ordering Period 4: 1096 DAA - 1460 DAA

Ordering Period 5: 1461 DAA - 1826 DAA

Offerors must complete the Price Evaluation

Spreadsheet (See Attachment 0001).

INSPECTION AND ACCEPTANCE:__________________________

Inspection: Origin

Acceptance: Origin

DELIVERIES:___________

FOB POINT: Destination

Delivery locations: Crane, IN; Radford, VA;

Independence, MO; Marion, IL; Grand Junction, CO;

Afton, TN; Ridgecrest, CA; and Indian Head, MD.

Only Army Contracting Command - Rock Island is authorized to issue delivery orders under this contract.

(End of narrative F001)

1111 CONTRACT DATA REQUIREMENTS LIST (CDRL) 1 LO $ ** NSP ** ______________________________________ __________________

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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

SERVICE REQUESTED: DD FORM 1423

CLIN CONTRACT TYPE:

Fixed Price with EPA - Actual Costs

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________

001 1 1826

The contractor shall prepare and deliver data submissions in accordance with the requirements, quantities, and schedules set forth in the CDRL (DD

Form 1423), Exhibit A and Exhibit B.

(End of narrative F001)

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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C0001 - DRAWINGS/SPECIFICATIONS_______________________________

(a) In addition to the drawing(s) and/or specifications listed below, other documents which are part of this procurement and which apply to Preservation/Packaging/Packing and Inspection and Acceptance are contained elsewhere.

(b) The following Drawings and Specifications in accordance with the Technical Data Package Listing (TDPL) identified as follows, with revisions in effect as stated, and revisions of all documents listed thereon, are applicable to the following for this procurement:

i. PALLET, MATERIAL HANDLING MK 3 MOD 1, NSN: 3990-00-039-0223: Automated Data List (ADL) 10001-564200, REV T, with revisions in effect as of 24 March 2022, and revisions of all documents listed thereon. In addition, Supplemental Quality Assurance Provisions, and Quality

Assurance Provisions for PALLET, MATERIAL HANDLING MARK 3 MOD 0 are included.

ii. PALLET, MATERIAL HANDLING MK 12 MOD 1, NSN: 3990-00-566-2472: ADL 10001-2645217, REV N. with revisions in effect as of 24 March

2022, and revisions of all documents listed thereon. In addition, Supplemental Quality Assurance Provisions, and Quality Assurance

Provisions for PALLET, MATERIAL HANDLING MARK 12 MOD 1 are provided.

(c) Technical Data Package (TDP), including any exceptions thereto, will be obtained electronically in accordance with Technical Data

Package Information and Distribution and Destruction of Restricted Technical Data in Section C of this document.

C0002 - STATEMENT OF WORK - TECHNICAL DATA PACKAGE INFORMATION, AND DISTRIBUTION AND DESTRUCTION OF RESTRICTED TECHNICAL DATA_____________________________________________________________________________________________________________________________

(a) TDPs will be obtained electronically via the Contracting Opportunities posting for this requirement on the SAM.gov website. You must have an account prior to accessing any TDP(s). To register for an account in SAM.gov, please visit https://secure.login.gov/?request_id=d84abb0e-1664-4378-afa0-f2959aefb72 and select create account. The toll free helpdesk phone number is (866) 606-8220 and for International (334) 206-7828. Vendors are responsible for placing correct information in SAM.gov.

(b) You may need to use special software to view the documents that are posted on SAM.gov. This viewing software is freeware, available for download at no cost from commercial websites like Microsoft and Adobe. Additionally, some TDPs may require ImageR or Lucent viewers to view the TDP(s) and are available as freeware at: ImageR Viewer: http://g6msd.redstone.army.mil and Lucent Viewer: http://www.ec-edi.com/

(c) The TDP(s), TDPL(s) and their corresponding outstanding Engineering Exceptions for this solicitation will be accessible via the solicitation posting in Contracting Opportunities (as described below) from the date of issue through the time specified on the solicitation for receipt of offers.

(d) FOR UNRESTRICTED TDP(s):

(1) TDPs for this solicitation are unrestricted and can be accessed electronically via the solicitation posting. The TDP and all necessary TDP documents will be posted under the Attachments / Links tab. You must have a SAM.gov account prior to accessing the TDP.

(2) To access the TDP(s), click directly on the document you want to view under the Attachments / Links tab. You will be prompted for your username and password prior to gaining access to the TDP.

CLIN: N/A

TDPL Date: N/A

(e) FOR RESTRICTED TDP (s):

TDPs and any other related documents, if applicable, for this solicitation are restricted and can be accessed electronically via the solicitation posting, with valid Contractor login credentials. TDPs and any other related documents are posed with various options, such as Restricted and Export Control. These additional controls are described below:

(1) Access to RESTRICTED TDP(s):

TDP(s) that have been marked as Restricted can be accessed electronically via the solicitation posting, with valid Contractor login credentials. TDP(s) that have been marked as Restricted will require U.S. Government approval prior to gaining access to the requested information. To requires access log in to beta.SAM.Gov, go to the applicable solicitation under Contracting Opportunities within

Beta.SAM.Gov, select the Attachments / Links tab, and then click on the Request Explicit Access button. Completion of a Use and Non-

Disclosure Agreement form may be required prior to gaining access to the TDP. Please allow 2-3 working days to process your request.

You will receive a system generated email from mailto:donotrely@sam.gov saying A Notice Manager from ACC-RI has updated your access to Controlled Documents. Click here to sign in and view the request details or go to the notice to access the Controlled Documents. If your request is denied you will be able to see further details of why you were and how to proceed.

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(2) Access to EXPORT CONTOL TDP(s):

(i) TDP(s) that have been marked as Export Control can be accessed electronically via the solicitation posting, with valid Contractor login credentials. In addition, to obtain access to these TDP(s), vendors and Contractors must have a current DD 2345, Military

Critical Technical Data Agreement on file with the Defense Logistics Information Service (DLIS). If you do not have an approved DD

2345, Military Critical Technical Data Agreement on file with DLIS, then you will not be able to access the TDP. To obtain certification, go to: https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/DD2345Instructions/ click on Documents and follow the instructions provided. Processing time is estimate at five (5) working days after receipt.

(ii) TDP(s) that have been marked Export Control will require U.S. Government approval prior to gaining access to the requested information. To request access log in to SAM.gov, go to the applicable solicitation under Contracting Opportunities within SAM.gov, select the Attachments / Links tab, and then click on the Request Explicit Access button. The requestor MUST BE the data custodian that is listed on the DD 2345. Please allow 2-3 working days to process your request. If the company MPIN changes, the user will be required to verify the MPIN again to gain access to the Export Control TDP(s). Completion of a Use and Non-Disclosure Agreement form may be required prior to gaining access the TDP. You will receive a system generated email from mailto:donotreply@Sam.gov saying A

Notice Manager from ACC-RI has updated your access to Controlled Documents. Click here to sign in and view the request details or go to the notice to access the Controlled Documents. If your request is denied you will be able to see further details of why you were and how to proceed.

(iii) If multiple individuals in your company need access to the Export Control TDP for solicitation, it can be obtained from your data custodian listed on the DD 2345.

(iv) TDP(s) that have an Export Control Warning Notice are subject to the Arms Export Control Act (Title 22, U.S.C., Sec 2751, et. seq.)

or the Export Administration Act of 1979, as amended, Title 50, U.S.C., App. 2401 et. seq.

CLIN: Various

TDPL Date: Various

(3) Further dissemination of Restricted TDP(s) must be in accordance with provisions of DoD Directive 5230.25. This also applies to distribution of the TDP to all SUBCONTRACTORS at every level.

(4) Upon completion of the purposes for which the Restricted technical data has been provided, the Contractor is REQUIRED to destroy all documents, including all reproductions, duplications, or copies thereof as may have been further distributed by the Contractor.

Destruction of this technical data shall be accomplished by: shredding, pulping, burning or melting any physical copies of the TDP and/or deletion or removal of downloaded TDP files from computer drives and electronic devices, and any copies of those files.

(f) Questions related to registration in SAM.gov should be directed to the following: https://fsd.gov/fse-gov/home.do The helpdesk phone number is (866) 606-8820. Vendors are responsible for placing correct information in SAM.gov. A user guide for SAM.gov can be found at: https://dodprocurementtoolbox.com/site-pages/contract-opportunities

C0003 - CONFIGURATION CHANGE MANAGEMENT DOCUMENTATION_____________________________________________________

(a) The contractor may submit Engineering Change Proposals (ECPs) and Requests for Variance (RFVs) for the requirements in the

Government provided Technical Data Package (TDP). The contractor shall prepare and submit ECPs, NORs, and RFVs as required by the accompanying DD Form 1423, Contract Data Requirements List (CDRL). If a Value Engineering Change Proposal (VECP) clause is included on this contract, VECPs shall be submitted in the same manner as ECPs.

(1) ECPs - The contractor may request a permanent change to the requirements specified in the TDP or any other baseline documentation by submitting an ECP. ECPs shall be submitted to include all Notices of Revision (NORs) necessary to completely define the requested change. Each ECP shall be accompanied with at least one NOR per affected document. The contractor shall not present any production items for acceptance incorporating any change to the TDP or other baseline documentation until notified by the Government the ECP has been approved and incorporated in the contract.

(i) Page 1 of DD Form 1692 (or equivalent) shall be submitted for all ECPs. Pages 2-7 of DD Form 1692 shall be submitted when required to properly explain all the potential logistics and technical impacts of the proposed change. DD Form 1695 NOR or DD Form 1695-1

Tabulated NOR (or equivalents) shall be submitted to completely describe the desired change on each affected document.

(ii) All ECPs submitted by the contractor will be routine priority unless otherwise justified. If the contractor considers the ECP to be emergency or urgent, they shall include justification within 48 hours of submittal of the ECP.

(2) RFVs - The contractor may request to temporarily depart from a requirement specified in the TDP or any other baseline documentation, by submitting an RFV. RFVs may be submitted either pre- production (formerly known as Request for Deviation (RFD)) or post- production and prior to acceptance by the Government (formerly known as Request for Waiver (RFW)). DD Form 1694 (or equivalent) shall be submitted for all RFVs. The contractor shall not present any production items for acceptance with any nonconformance to the requirements in the

TDP or other baseline documentation until notified by the Government the RFV has been approved and incorporated in the contract.

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(b) Submission of requested changes - The submission of an ECP or RFV by the Contractor does not affect the required delivery dates specified within the contract, shall not constitute excusable delay in the performance of this Contract by the Contractor or in any way relieve the contractor from compliance with the contract delivery schedule. If a delivery date change is needed, it must be negotiated with the Contracting Officer and documented via modification to the contract. The submission of an ECP and/or RFV by the Contractor shall not preclude the Government from exercising its rights under any clause of the Contract.

(c) Specifications - Permanent proposed changes to specifications which are part of the TDP or baseline documentation shall be requested with an ECP and NOR (i.e. Specification Change Notices (SCNs) are not required).

C0004 - SUPPLEMENT TO DFARS CLAUSE 252.204-7012_______________________________________________

The following Statement of Work (SOW) language shall be used to supplement Defense Federal Acquisition Regulation Supplement (DFARS)

Clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, when the contract or order will involve controlled technical information, or is for a program identified in the DoD Critical Program and Technology list as directed by Section

1049 of the National Defense Authorization Act for Fiscal Year 2019.

1. System Security Plan and Plans of Action and Milestones (SSP/POAM) Reviews

(a) Within thirty (30) days of contract award, unless otherwise notified by the Government, the Contractor shall make its System

Security Plan(s) (SSP(s)) for its covered contractor information system(s) available for review by the Government at the Contractor's facility. The SSP(s) shall describe how the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171 security requirements are implemented as required by Defense Federal Acquisition Regulation Supplement (DFARS) clause 252.204-7012, which is included in this contract, and identify all applicable Commercial and Government Entity Code codes affected. The Contractor shall fully cooperate in the Government's review of the SSPs at the Contractor's facility.

(b) If the Government determines that the SSP(s) does not adequately describe how the NIST SP 800-171 security requirements are implemented, then the Government shall notify the Contractor of each identified deficiency. The Contractor shall correct any identified deficiencies within thirty (30) days of notification by the Government. The contracting officer may provide for a correction period longer than thirty (30) days and, in such a case, may require the Contractor to submit a Plan of Action and Milestones (POAM) for the correction of the identified deficiencies. The Contractor shall immediately notify the contracting officer of any failure or anticipated failure to meet a milestone in such a POAM.

(c) Upon conclusion of the correction period, the Government may conduct a follow-on review of the SSP(s) at the Contractor's facilities. The Government may continue to conduct follow-on reviews until the Government determines that the Contractor has corrected all identified deficiencies in the SSP(s).

(d) The Government may, in its sole discretion or in response to a cyber-incident, conduct subsequent reviews at the Contractor's site to verify the information in the SSP(s). The Government may conduct reviews at any time upon thirty (30) days notice to the Contractor.

2. Compliance to NIST SP 800-171

(a) The Contractor shall fully implement the Controlled Unclassified Information (CUI) Security Requirements (Requirements) in NIST SP

800-171 in effect at the time the solicitation is issued or as authorized by the Contracting Officer, or establish a SSP(s) and POAMs) that varies from NIST SP 800-171 only in accordance with DFARS clause 252.204-7012(b)(2), for all covered contractor information systems affecting this contract.

(b) Notwithstanding the allowance for such variation, the Contractor shall identify in any SSP and POAM their plans to implement the following, at a minimum:

(1) Implement Requirement 3.5.3 (Multi-factor authentication). This means that multi-factor authentication is required for all users, privileged and unprivileged accounts that log into a network. In other words, any system that is not standalone should be required to utilize acceptable multi-factor authentication. For legacy systems and systems that cannot support this requirement, a combination of physical and logical protections acceptable to the Government may be substituted;

(2) Implement Requirement 3.1.5 (least privilege) and associated Requirements, and identify practices that the Contractor implements to restrict the unnecessary sharing with, or flow of, covered defense information to its subcontractors, suppliers, or vendors based on need-to-know principles;

(3) Implement Requirement 3.1.12 (monitoring and control remote access sessions)-Require monitoring and controlling of remote access sessions and include mechanisms to audit the sessions and methods;

(4) Audit user privileges on at least an annual basis;

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(5) Implement Requirement 3.13.11 (Federal Information Processing Standards (FIPS) 140-2 validated cryptology or implementation of

National Security Agency- or NIST-approved algorithms (i.e., FIPS 140-2 Annex A: Advanced Encryption Standard (AES) Or Triple Data

Encryption Standard (DES) or compensating controls as documented in a SSP and POAM));

(6) Implement Requirement 3.13.16 (Protect the confidentiality of CUI at rest) or provide a POAM for implementation which can be evaluated by the Government Program Manager for risk to the program;

(7) Implement Requirement 3.1.19 (encrypt CUI on mobile devices) or provide a plan of action for implementation which can be evaluated by the Government Program Manager for risk to the program.

3. Cyber Incident Response

(a) The Contractor shall, within fifteen (15) days of discovering the cyber incident (inclusive of the 72-hour reporting period in DFARS clause 252.204-7012), deliver all data used in performance of the contract that the Contractor determines is impacted by the incident and begin assessment of potential warfighter/program impact. Incident data shall be delivered in accordance with the Department of

Defense Cyber Crimes Center (DC3) Instructions for Submitting Media available at http://www.acq.osd.mil/dpap/dars/pgi/docs/lnstructions_for_Submitting_Media.docx . In delivery of the incident data, the Contractor shall, to the extent practical, remove contractor-owned information from Government covered defense information.

(b) If the Contractor subsequently identifies any such data not previously delivered to DC3, then the Contractor shall immediately notify the contracting officer in writing and shall deliver the incident data within ten (10) days of identification. In such a case, the Contractor may request a delivery date later than ten (10) days after identification. The contracting officer will approve or disapprove the request after coordination with DC3.

4. Army Counterintelligence (CI) Outreach

The Contractor shall engage, whenever practicable, with Army CI industry outreach efforts and consider recommendations for hardening of covered contractor information systems affecting Army programs and technologies; and make Contractor personnel available for threat briefings specific to foreign intelligence threats to Army programs and technologies.

5. Army CI/Industry Monitoring

(a) In the event of a cyber-incident or at any time the Government has indication of a vulnerability or potential vulnerability, the

Contractor shall cooperate with the Army CI, which may include cooperation related to: threat indicators; pre-determined incident information derived from the Contractor's infrastructure systems; and the continuous provision of all Contractor, subcontractor, or vendor logs that show network activity, including any additional logs the Contractor, subcontractor or vendor agrees to initiate as a result of the cyber incident or notice of actual or potential vulnerability.

(b) If the Government determines that the collection of all logs does not adequately protect its interests, the Contractor will coordinate with Army CI to implement additional measures, which may include allowing the installation of an appropriate network device that is owned and maintained by the Army CI, on the Contractor's information systems or information technology assets. The specific details (e.g., type of device, type of data gathered, monitoring period) regarding the installation of an Army CI network device shall be the subject of a separate agreement negotiated between Army CI and the Contractor. In the alternative, the Contractor may install network sensor capabilities or a network monitoring service, either of which must be reviewed for acceptability by Army CI. Use of this alternative approach shall also be the subject of a separate agreement negotiated between Army CI and the Contractor.

(c) In all cases, the collection or provision of data and any activities associated with this statement of work shall be in accordance with federal, state, and non-US law.

C0005 - RESTRICTION OF CRITICAL ITEMS AND COMPONENTS____________________________________________________

(a) The items and components listed in paragraphs (b) and (c) are critical to the support of national defense items. As such, it is necessary to create and/or maintain a domestic capability for the production of these items and components by limiting production and procurement to the United States/Canadian industrial base.

(b) Items listed in this paragraph, to include all components contained therein, down to but not including raw materials (unless a more stringent restriction applies as set forth elsewhere in this contract), must be manufactured, assembled, and tested in the United States or Canada. Raw material is defined as material in the mill forms and shapes normally produced for commercial use.

N/A

(c) Components listed in this paragraph must be manufactured, assembled, and tested in the United States or Canada.

MK 3 Mod 0 Pallet: NSN: 3990-00-039-0223

MK 12 Mod 1 Pallet: NSN: 3990-00-566-2472

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In all cases, final assembly and testing of the items listed in the Schedule in Section B of this contract must be performed in the

United States or Canada.

(d) The failure of the Contractor or subcontractor(s) to comply with this statement of work shall be a material breach of the contract.

(e) The Contractor will insert the substance of this statement of work, including this paragraph 5, in every subcontract for items or components identified above to ensure flowdown to, but not including, raw materials.

*** END OF NARRATIVE C0001 ***

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SECTION D - PACKAGING AND MARKING

D0001 - PACKAGING REQUIREMENTS______________________________

PRON: U13A03EAHI

NOMEN: PALLET, MATERIAL HANDLING MK 3 MOD 0

PN: 564200

NSN: 3990-00-039-0223

DODIC: JW01

PRON: U13A03EBHI

NOMEN: PALLET, MATERIAL HANDLING MK 12 MOD 1

PN: 2645217

NSN: 3990-00-566-2472

DODIC: JW42

COMMERCIAL PACKAGING REQUIREMENTS

(a) Packaging - Preservation, packaging, packing, unitization and marking furnished by the supplier shall provide protection for a minimum of one year, provide for multiple handling, redistribution and shipment by any mode and meet or exceed the following requirements.

(1) Cleanliness - Items shall be free of dirt and other contaminants which would contribute to the deterioration of the item or which would require cleaning by the customer prior to use. Coatings and preservatives applied to the item for protection are not considered contaminants.

(2) Preservation - Items susceptible to corrosion or deterioration shall be provided protection such as preservative coatings, volatile corrosion inhibitors, desiccants, water-proof and/or water-vapor-proof barriers.

(3) Cushioning - Items requiring protection from physical and mechanical damage (e.g. fragile, sensitive, critical material) or which could cause physical damage to other items, shall be protected by wrapping, cushioning, pack compartmentalization, or other means to mitigate shock and vibration and prevent damage during handling and shipment.

(b)Packing

(1) Unit packages and intermediate packages meeting the requirements for a shipping container may be utilized as shipping containers. All shipping containers shall be the most cost effective and shall be of the minimum cube to contain and protect the items.

A unit package shall be so designed and constructed that it will contain the contents with no damage to the item(s), and with minimal damage to the unit pack during shipment and storage in the shipping container, and will allow subsequent handling.

(2) Bulk Packaging Items packaged directly in shipping containers shall be separated with pads, liners, partitions or dividers as required to protect the parts, strengthen the container and to distribute the load.

(3) Unit Package Quantity - Unless otherwise specified, the unit package quantity shall be one each part, set, assembly, kit, etc.

(4) Shipping Containers - The shipping container (including any necessary blocking, bracing, cushioning, or waterproofing) shall comply with the regulations of the carrier used and shall provide safe delivery to the destination at the lowest tariff cost. The shipping container shall be capable of multiple handling, stacking at least ten feet high, and storage under favorable conditions (such as enclosed facilities) for a minimum of one year.

(c) Unitization

(1) Shipments of identical items going to the same destination shall be palletized if they have a total cubic displacement of 50 cubic feet or more unless skids or other forklift handling features are included on the containers. Pallet loads must be stable, and to the greatest extent possible, provide a level top for ease of stacking. A palletized load shall be of a size to allow for placement of two loads high and wide in a conveyance. The weight capacity of the pallet must be adequate for the load. The preferred commercial expendable pallet is a 40 x 48 inch, 4-way entry pallet although variations may be permitted as dictated by the characteristics of the items being unitized. The load shall be contained in a manner that will permit safe handling during shipment and storage.

(d) Marking

(1) All unit packages, intermediate packs, exterior shipping containers, and, as applicable, unitized loads shall be marked in accordance with MIL-STD-129, Revision R with change 2, Dated: 27 Sep 2019 including 2D bar coding on outer shipping container and the unitized load. The contractor is responsible for application of special markings as discussed in the Military Standard regardless of

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whether specified in the contract or not. Special markings include, but are not limited to, shelf-life markings, structural markings, and transportation special handling markings.

(e)Hazardous Materials

(1) A hazardous material is defined as a substance which has been determined by the Department of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce and which has been so designated. (This includes all items listed as hazardous in Title 49 CFR and other applicable modal regulations effective at the time of shipment.)

Ammunition and explosives (Hazard Class 1) are special cases and must be properly hazard classified and registered with the competent authority of the United States (Department of Transportation).

(2) Packaging and marking for hazardous material shall comply with the requirements for the mode of transport and the applicable performance packaging contained in the following document: Code of Federal Regulations (CFR) Title 49.

(f)Heat Treatment and Marking of Wood Packaging Materials

(1) In accordance with the requirements of the International Standards for Phytosanitary Measures (ISPM) 15, the following commercial heat treatment process has been approved by the American Lumber Standards Committee (ALSC) and is required for all Wood

Packaging Material (WPM). Boxes/pallets and any wood used as inner packaging made of non-manufactured wood shall be heat-treated. All

WPM shall be constructed from heat treated (treated to 56 degrees Celsius -core temperature- for 30 minutes) lumber and certified by an agency accredited by the ALSC in accordance with Wood Packaging Material Policy and Wood Packaging Material Enforcement Regulations (see

URL: https://www.alsc.org ). The box/pallet manufacturer and the manufacturer of wood used as inner packaging shall ensure traceability to the original source of heat treatment marking. Each box/pallet shall be marked to show the conformance to the

International Plant Protection Convention Standard. The quality mark shall be placed on both ends of the outer packaging, between the end cleats or end battens. Pallet markings shall be applied to the stringer or block on diagonally opposite sides or ends of the pallet and be contrasting and clearly visible. All dunnage lumber used in configuring and/or securing the load shall also comply with ISPM-15 and be marked with an ALSC approved dunnage stamp on opposite surfaces. Foreign manufacturers shall have the heat treatment and marking of non-manufactured wood products verified in accordance with the ISPM-15 compliance program.

(g)Quality Assurance

(1) The contractor is responsible for establishing a quality system. Full consideration to examinations, inspections, and tests will be given to ensure the acceptability of the commercial package.

*** END OF NARRATIVE D0001 ***

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SECTION E - INSPECTION AND ACCEPTANCE

This document incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

For FAR clauses: https://www.acquisition.gov/

For DFARS clauses: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

If the clause requires additional or unique information, then that information is provided immediately after the clause title.

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

E-1 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE AUG/1996

E-2 52.246-16 RESPONSIBILITY FOR SUPPLIES APR/1984

E-3 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT DEC/2014

(a) The contractor shall comply with the higher-level quality standard(s) listed below.

ISO 9001:2015 ONLY DESIGN/DEVELOPMENT EXCLUSIONS PERMITTED

(b) The contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts in--

(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or

(2) When the technical requirements of a subcontract require--

(i) Control of such things as design, work operations, in-process control, testing and inspection; or

(ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.

(End of clause)

E0001 - QUALITY REQUIREMENTS____________________________

MIL-STD-1916

The Department of Defense (DoD) Preferred Methods for this Acceptance of Product, MIL-STD-1916, shall be used for this procurement action. All references to MIL-STD-105, MIL-STD-414, MIL-STD-1235, and ANSI Z1.4 appearing in the Technical Data Package (TDP) are replaced by MIL-STD-1916. Verification Levels (VL) shall replace AQLs and shall be VL IV for major characteristics and VL II for minor characteristics.

E0002 - REWORK AND REPAIR OF NONCONFORMING MATERIAL___________________________________________________

(a) Rework and Repair are defined as follows:

(1) Rework - The reprocessing of nonconforming material to make it conform completely to the drawings, specifications or contract requirements.

(2) Repair - The reprocessing of nonconforming material in accordance with approved written procedures and operations to reduce, but not completely eliminate, the nonconformance. The purpose of repair is to bring nonconforming material into a usable condition. Repair is distinguished from rework in that the item after repair still does not completely conform to all of the applicable drawings, specifications or contract requirements.

(b) Rework procedures along with the associated inspection procedures shall be documented by the Contractor and submitted to the

Government Quality Assurance Representative (QAR) for review prior to implementation. Rework procedures are subject to the QARs disapproval.

(c) Repair procedures shall be documented by the Contractor and submitted on a Request for Deviation/Waiver, DD Form…