B08_W91CRB21R0002_Solicitation.pdf

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until 03:00 PM local time 24 Nov 2021

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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)

DO-C9 1 118

(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 1 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 - 3 4 - 24

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

25 - 53 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 56 - 59 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

60 - 68

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

24 Sep 2021

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W91CRB21R0002

Section A - Solicitation/Contract Form

SOLICIATION DETAILS

The Government will evaluate proposals and make a selection with or without conducting discussions with offerors.

Accordingly, initial proposals should contain the offerors’ best terms.

This acquisition will use a Tradeoff Source Selection Process (see Federal Acquisition Regulation (FAR) 15.101-1, Tradeoff process). This process allows for a tradeoff between noncost factors and price. It allows the Government to accept other than the lowest priced proposal or other than the highest technically rated proposal to achieve a best value contract award. Evaluation of the proposals will consist of the following factors:

Factor I – Technical Factor II – Price Factor III – Past Performance Factor IV – Small Business Approach Factor V – Quality Assurance

Offerors are strongly cautioned that an award may not necessarily be made to the offeror with the lowest price or the offeror with the highest technical rating. When conducting the evaluation, the Government will consider the extent to which the proposed BCS meets or exceeds the overarching goals of this requirement, which is to provide a BCS that meets the requirements of the purchase description (PD) specifications and Statement of Work (SOW).

Vendor Questions: All questions in regards to the subject RFP shall be submitted via email to John Harvey at john.a.harvey1.civ@mail.mil. The cut-off date and time for questions is hereby established as 3:00pm Eastern Time on 10 November 2021 (15 days prior to the proposal due date). Questions submitted after the cut-off date and time may or may not be answered. The Government will determine if answering questions submitted after the cut-off date and time is in the best interest of the Government.

Release of Restricted Proposal Documents: The release of certain, limited distribution attachments/documents for the BCS solicitation is subject to Explicit Access approval. “Notice of Limited Distribution Materials” and the “Request to Access Limited Distribution Materials” documents, will be provided to those offerors who request access to restricted documents related to this Solicitation, offerors will than need to apply for access approval.

CONTRACT DETAILS

1. Contract Type:

a. The Government anticipates awarding approximately five (5) awards on a full and open basis as a result of this solicitation.

b. The proposed contract will be issued as a hybrid Indefinite Delivery Indefinite Quantity (IDIQ) contract utilizing both firm-fixed-price (FFP) and cost type CLINs. The IDIQ contract will have a base ordering period of five (5) years and two (2) 2-year option periods.

2. Ordering/Fair Opportunity Process: In accordance with FAR 16.505, individual delivery orders issued under the basic contract(s) will be competed using fair opportunity procedures in accordance with FAR 16.505.

3. Contract Minimum:

a. Contract minimum will be met under the first Delivery Order, and the following CLINs:

i. CLIN 0001: Design Package

ii. CLIN 0002: First Article Test Items

iii. CLIN 0003: Production Process Package

b. The Government reserves the right to award only the contract minimum.

4. Contract Maximum: The contract maximum are the quantities listed in the contract CLINs.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Each Design Package

FFP

The Design Package is due twenty-one (21) days after award of the first Delivery Order and must be delivered in accordance with the Statement of Work.

The Design Package shall include, but is not limited to:

One (1) of each of the following Ballistic Combat Shirt (BCS) Complete sizes for Government Standard Samples:

• Extra-Small (Universal)

• Extra-Small (Female)

• Medium (Universal)

• Medium (Female)

• Extra-Large (Universal)

• Extra-Large (Female)

Two (2) ballistic insert dry layup shoot packs (one (1) Deltoid and one (1) Yoke/Collar shoot pack for a total of 2 shoot packs).

The dry layup shoot packs shall not be sewn together and shall be placed inside a cloth ballistic cover, which shall be sewn on only three (3) sides so the ballistics can be taken out/put back in easily. The supplied dry layups are provided in order for the Government to perform a design check.

FOB: Destination

PSC CD: 8470

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 1 Lot First Article Test Items

FFP

First Article Test (FAT) is due forty-five (45) calendar days after award of the first Delivery Order. FAT Samples are to include as listed in the AR/PD 15-06:

1) Sixty-six (66) Deltoid Shoot Packs

2) Forty (40) Yoke and Collar Shoot Packs

3) Eight (8) Deltoid Shoot Packs Un-sewn

4) Eight (8) Yoke and Collar Shoot Packs Un-sewn

5) Two (2) Complete Ballistic Combat Shirts (BCS’s) of Each Size

6) One (1) Cut and Un-sewn Components Per Size (these items will be used to evaluate ballistic area of coverage as well as pattern verification)

7) Fifteen (15) Feet of All Raw Materials (cloth, etc.)

8) Forty (40) Feet of All Raw Materials (hook/loop, tape, webbing, etc.)

9) Ten (10) of Each Type of Hardware (slide fastener, IFF material, foam pad, etc.)

10) One (1) Spool of Each Type of Thread (ballistic and non-ballistic)

11) Six (6) Large BCS Universal Completes for Garment Flame Resistance

Note: If multiple sub-contractors participate on the BCS construction then complete samples shall be required from each sub-contractor and be clearly labeled. All FAT samples shall be accompanied with a DD1222 signed by DCMA and supporting CoCs as defined in Table III. In addition, the Contractor shall submit a 3-ring binder containing final test reports for all materials and components called out in 3.1.1 of the PD. All test reports shall be no older than twelve (12) months at the time of submission. If the Contractor has not completed testing on any components called out in 3.1.1, then Government testing of those components will be performed and evaluated during FAT.

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED

Production Process Package

FFP

The Production Process Package must be:

1.) Prepared by the contractor in accordance with Section C – Statement of Work, validated by DCMA, and submitted for Government acceptance.

2.) Prepared in conjunction with the FAT build/submitted within fourteen (14) calendar days after FAT submission (based on DCMA signed date on DD1222).

3.) Submitted electronically, in source format, to the DCMA QAR, ACO, PM SPE Soft Armor QAR, and COR.

UNIT UNIT PRICE MAX AMOUNT

0004 631,200 Each Base- BCS Complete Production

FFP

Base Ordering Period Years 1-5-

631,200 represents the maximum quantity across all awards under this CLIN.

All Ballistic Combat Shirt Complete Production (shirt with the left and right deltoid ballistics) quantities ordered (up to the maximum amount) must be delivered in accordance with the Statement of Work and Purchase Description.

The delivery orders will be issued in accordance with fair opportunity provisions.

The Government may award multiple delivery orders up to the maximum quantity.

The Government is not obligated to order this amount.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 631,200 Each Base- BCS Shirt Production

FFP

Base Ordering Period Years 1-5-

631,200 represents the maximum quantity across all awards under this CLIN.

All Ballistic Combat Shirt (the base shirt without deltoid ballstics) quantities ordered (up to the maximum amount) must be delivered in accordance with the Statement of Work and Purchase Description.

The delivery orders will be issued in accordance with fair opportunity provisions.

The Government may award multiple delivery orders up to the maximum quantity.

UNIT UNIT PRICE MAX AMOUNT

0006 315,600 Each Base- Deltoid Ballistic Insert Assembly

FFP

Base Ordering Period Years 1-5-

315,600 represents the maximum quantity across all awards under this CLIN.

All BCS Deltoid Ballistic Insert Assembly (left and right deltoid ballstics) quantities ordered (up to the maximum amount) must be delivered in accordance with the Statement of Work and Purchase Description.

The delivery orders will be issued in accordance with fair opportunity provisions.

The Government may award multiple delivery orders up to the maximum

UNIT UNIT PRICE MAX AMOUNT

0007 200 Each Base- Deltoid Ballistic Insert- Left

FFP

Base Ordering Period Years 1-5-

200 represents the maximum quantity across all awards under this CLIN.

All BCS Deltoid Ballistic Insert Assembly- Left (left insert only) quantities ordered (up to the maximum amount) must be delivered in accordance with the Statement of Work and Purchase Description.

The delivery orders will be issued in accordance with fair opportunity provisions.

The Government may award multiple delivery orders up to the maximum

UNIT UNIT PRICE MAX AMOUNT

0008 200 Each Base- Deltoid Ballistic Insert- Right

FFP

Base Ordering Period Years 1-5-

200 represents the maximum quantity across all awards under this CLIN.

All BCS Deltoid Ballistic Insert Assembly- Right (right insert only) quantities ordered (up to the maximum amount) must be delivered in accordance with the Statement of Work and Purchase Description.

The delivery orders will be issued in accordance with fair opportunity provisions.

The Government may award multiple delivery orders up to the maximum

UNIT UNIT PRICE MAX AMOUNT

0009 UNDEFINED Job Base- PI/TI

CPFF

Base Ordering Period Years 1-5-

Product Improvement/Technology Insertion (PI/TI) - Ballistic Combat Shirt

(BCS)

1) Identify methods to further BCS weight reductions.

2) Identify methods to improve ballistic performance or non-ballistic characteristics.

3) Identify emerging technologies for incorporation of new material development and enhancements in manufacturing processes and procedures.

4) Identify design rules used to provide additional modifications to existing or new BCS sizes to improve the overall fit to the entire Soldier population.

The total PI/TI cost for the base ordering period across all BCS FRP awards shall not exceed $10,000,000.00. The PI/TI cost maximum as with the product maximum, is cumulative across all vendors for all BCS FRP contracts. PI/TI funds may be applied to any BCS vendor, based on the Government's discretion of where research is likely to most benefit the Government. The Government understands that the Vendors may have insights into the product that could resolve future issues and therefore relies on them to assist the Government if identifying potential product improvements.

PI/TI is further discussed in section 9 of the Statement of Work.

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

UNIT UNIT PRICE MAX AMOUNT

0010 213,120 Each OPTION Option 1- BCS Complete Production

FFP

Option Ordering Period 1 Years 6-7-

213,120 represents the maximum quantity across all awards under this CLIN.

All Ballistic Combat Shirt Complete Production (shirt with the left and right deltoid ballistics) quantities ordered (up to the maximum amount) must be delivered in accordance with the Statement of Work and Purchase Description.

The delivery orders will be issued in accordance with fair opportunity provisions.

The Government may award multiple delivery orders up to the maximum quantity.

UNIT UNIT PRICE MAX AMOUNT

0011 213,120 Each OPTION Option 1- BCS Shirt Production

FFP

Option Ordering Period 1 Years 6-7-

213,120 represents the maximum quantity across all awards under this CLIN.

All Ballistic Combat Shirt (the base shirt without deltoid ballstics) quantities ordered (up to the maximum amount) must be delivered in accordance with the Statement of Work and Purchase Description.

The delivery orders will be issued in accordance with fair opportunity provisions.

The Government may award multiple delivery orders up to the maximum quantity.

UNIT UNIT PRICE MAX AMOUNT

0012 106,560 Each OPTION Opt 1-Deltoid Ballistic Insert Assembly

FFP

Option Ordering Period 1 Years 6-7-

106,560 represents the maximum quantity across all awards under this CLIN.

All BCS Deltoid Ballistic Insert Assembly (left and right deltoid ballstics) quantities ordered (up to the maximum amount) must be delivered in accordance with the Statement of Work and Purchase Description.

The delivery orders will be issued in accordance with fair opportunity provisions.

The Government may award multiple delivery orders up to the maximum

UNIT UNIT PRICE MAX AMOUNT

0013 200 Each OPTION Option 1- Deltoid Ballistic Insert- Left

FFP

Option Ordering Period 1 Years 6-7-

200 represents the maximum quantity across all awards under this CLIN.

All BCS Deltoid Ballistic Insert Assembly- Left (left insert only) quantities ordered (up to the maximum amount) must be delivered in accordance with the Statement of Work and Purchase Description.

The delivery orders will be issued in accordance with fair opportunity provisions.

The Government may award multiple delivery orders up to the maximum quantity.

UNIT UNIT PRICE MAX AMOUNT

0014 200 Each OPTION Option 1- Deltoid Ballistic Insert-Right

FFP

Option Ordering Period 1 Years 6-7-

200 represents the maximum quantity across all awards under this CLIN.

All BCS Deltoid Ballistic Insert Assembly- Right (right insert only) quantities ordered (up to the maximum amount) must be delivered in accordance with the Statement of Work and Purchase Description.

The delivery orders will be issued in accordance with fair opportunity provisions.

The Government may award multiple delivery orders up to the maximum quantity.

UNIT UNIT PRICE MAX AMOUNT

0015 UNDEFINED Job OPTION Option 1- PI/TI

CPFF

Option Ordering Period 1 Years 6-7-

Product Improvement/Technology Insertion- Ballistic Combat Shirt (BCS)

1) Identify methods to further BCS weight reductions.

2) Identify methods to improve ballistic performance or non-ballistic characteristics.

3) Identify emerging technologies for incorporation of new material development and enhancements in manufacturing processes and procedures.

4) Identify design rules used to provide additional modifications to existing or new BCS sizes to improve the overall fit to the entire Soldier population.

The total PI/TI cost for Option Period 1 across all BCS FRP awards shall not exceed $2,500,000.00. The PI/TI cost maximum as with the product maximum, is cumulative across all vendors for all BCS FRP contracts. PI/TI funds may be applied to any BCS vendor, based on the Government's discretion of where research is likely to most benefit the Government. The Government understands that the Vendors may have insights into the product that could resolve future issues and therefore relies on them to assist the Government if identifying potential product improvements.

UNIT UNIT PRICE MAX AMOUNT

0016 213,120 Each OPTION Option 2- BCS Complete Production

FFP

Option Ordering Period 2 Years 8-9-

213,120 represents the maximum quantity across all awards under this CLIN.

All Ballistic Combat Shirt Complete Production (shirt with the left and right deltoid ballistics) quantities ordered (up to the maximum amount) must be delivered in accordance with the Statement of Work and Purchase Description.

The delivery orders will be issued in accordance with fair opportunity provisions.

The Government may award multiple delivery orders up to the maximum

UNIT UNIT PRICE MAX AMOUNT

0017 213,120 Each OPTION Option 2- BCS Shirt Production

FFP

Option Ordering Period 2 Years 8-9-

213,120 represents the maximum quantity across all awards under this CLIN.

All Ballistic Combat Shirt (the base shirt without deltoid ballstics) quantities ordered (up to the maximum amount) must be delivered in accordance with the Statement of Work and Purchase Description.

The delivery orders will be issued in accordance with fair opportunity provisions.

The Government may award multiple delivery orders up to the maximum

UNIT UNIT PRICE MAX AMOUNT

0018 106,560 Each OPTION Opt 2-Deltoid Ballistic Insert Assembly

FFP

Option Ordering Period 2 Years 8-9-

106,560 represents the maximum quantity across all awards under this CLIN.

All BCS Deltoid Ballistic Insert Assembly (left and right deltoid ballstics) quantities ordered (up to the maximum amount) must be delivered in accordance with the Statement of Work and Purchase Description.

The delivery orders will be issued in accordance with fair opportunity provisions.

The Government may award multiple delivery orders up to the maximum

UNIT UNIT PRICE MAX AMOUNT

0019 200 Each OPTION Option 2- Deltoid Ballistic Insert- Left

FFP

Option Ordering Period 2 Years 8-9-

200 represents the maximum quantity across all awards under this CLIN.

All BCS Deltoid Ballistic Insert Assembly- Left (left insert only) quantities ordered (up to the maximum amount) must be delivered in accordance with the Statement of Work and Purchase Description.

The delivery orders will be issued in accordance with fair opportunity provisions.

The Government may award multiple delivery orders up to the maximum quantity.

UNIT UNIT PRICE MAX AMOUNT

0020 200 Each OPTION Option 2- Deltoid Ballistic Insert-Right

FFP

Option Ordering Period 2 Years 8-9-

200 represents the maximum quantity across all awards under this CLIN.

All BCS Deltoid Ballistic Insert Assembly- Right (right insert only) quantities ordered (up to the maximum amount) must be delivered in accordance with the Statement of Work and Purchase Description.

The delivery orders will be issued in accordance with fair opportunity provisions.

The Government may award multiple delivery orders up to the maximum

UNIT UNIT PRICE MAX AMOUNT

0021 UNDEFINED Job OPTION Option Period 2- PI/TI

CPFF

Option Ordering Period 2 Years 8-9-

Product Improvement/Technology Insertion - Ballistic Combat Shirt (BCS)

1) Identify methods to further BCS weight reductions.

2) Identify methods to improve ballistic performance or non-ballistic characteristics.

3) Identify emerging technologies for incorporation of new material development and enhancements in manufacturing processes and procedures.

4) Identify design rules used to provide additional modifications to existing or new BCS sizes to improve the overall fit to the entire Soldier population.

The total PI/TI cost for Option Period 2 across all BCS FRP awards shall not exceed $2,500,000.00. The PI/TI cost maximum as with the product maximum, is cumulative across all vendors for all BCS FRP contracts. PI/TI funds may be applied to any BCS vendor, based on the Government's discretion of where research is likely to most benefit the Government. The Government understands that the Vendors may have insights into the product that could resolve future issues and therefore relies on them to assist the Government if identifying potential product improvements.

Section C - Descriptions and Specifications

STATEMENT OF WORK

Statement of Work Soldier Protection System

Torso and Extremity Protection Ballistic Combat Shirt

24 September 2021

1.0 Background.

1.1 The Soldier Protection System (SPS) is an Acquisition Category (ACAT) III Program. The goal of SPS Torso and Extremity Protection (TEP) System is to provide Soldiers with reduced weight, modular, scalable, mission-tailorable protection to increase mobility while optimizing protection. Both mounted and dismounted Soldiers wear the SPS during a full spectrum of combat operations. The SPS provides the Soldier with multiple levels of ballistic protection that a Soldier can tailor to select mission profiles and protection against specific threats from conventional fragmenting munitions, small arms ammunition, and blunt impact. The three subsystems of the SPS are TEP, Vital Torso Protection (VTP), and the Integrated Head Protection System (IHPS). The TEP is currently comprised of the Blast Pelvic Protector (BPP), Ballistic Combat Shirt (BCS), and Modular Scalable Vest (MSV). The TEP allows Soldiers to quickly transition ballistic protection from one mission type to another without degrading the momentum of small unit operations.

1.2 The Ballistic Combat Shirt (BCS) is a component of the TEP system. The Government’s BCS design functions as an armored Army Combat Shirt (ACS). The non-ballistic materials used in the torso and sleeves are equal to the ACS in weight and functional characteristics, including flame resistance and moisture wicking. The deltoid and upper thoracic portions of the BCS contain soft armor that provides protection from fragmenting munition threats. The ballistics of the upper thoracic area are sewn into the shirt to improve fit. The deltoid portion of the BCS forms an articulating shoulder, which does not impede the normal upward motion of the arm at the shoulder joint and are removable.

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

2.0 Scope. This SOW sets forth the requirements to deliver the BCS (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 carrier, soft armor, and other materials that constitute the end item, and delivery of the end item after Lot Acceptance Testing (LAT).

2.1 End Item Documentation. The Contractor shall provide the end item in accordance with the latest Purchase Description (PD) for the BCS, AR/PD 15-06, listed in Section J of the contract, (hereafter referred to as the “PD”).

The end item shall provide Soldier protection as required by the PD. 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.

3.0 Requirements.

3.1 Procurement Requirements:

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

3.1.2 Sizing Tariffs and Configuration. The Government will specify the size tariff and configuration in each Notice of Fair Opportunity (NoFO), prior to award of individual DOs. The Government reserves the right to order the quantity of specific sizes and configurations that best meet the needs of Soldiers. The Government continuously reviews the size tariffs to ensure procurement of the correct quantities of equipment.

3.1.2.1 Size Requirements. The Government has developed the BCS Patterns in the following ten (10) standard sizes – X-Small (XS), Small (SM), Medium (MD), Large (LG), X-Large (XL), X-Small Female (XS-F), Small Female (SM-F), Medium Female (MD-F), Large Female (LG-F), and X-Large Female (XL-F).

3.2.3.2 Configuration Requirements. The BCS PD includes the following 5 configurations in both Universal and Female sizes (see 3.1.2.1).

a. BCS Complete (Shirt with left and right deltoid ballistics)

b. BCS Base Shirt Assembly (Shirt without left and right deltoid ballistics)

c. BCS Deltoid Ballistic Insert Assembly (Left and right deltoid ballistics)

d. BCS Deltoid Ballistic Insert Left

e. BCS Deltoid Ballistic Insert Right

3.1.3 Lot Size. Each production lot shall contain no more than one thousand two hundred (1,200) finished end items. The Government does not allow mixed size lots. The Government may give approval for the Contractor to adjust the size tariff to allow full lots of each size without changing the contract quantity.

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 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 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 Design Package (DP), 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 item, 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 acceptance. 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 52.246-19, Warranty of Systems and Equipment under Performance Specifications or Design Criteria.

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 Intellectual Property (IP) such as data, design, pattern, or otherwise, contained in the SOW or in the PD and provided to the Contractor under this contract is Government owned and 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;

252.227-7025, 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. All contractor proprietary data will remain with the Contractor; however, the Contractor shall grant access to such data to the Government upon request.

3.3.2.1 All non-commercial technical data and deliverables shall be properly marked in accordance with the marking requirements set forth in DFARS 252.227-7013(f). Technical data and deliverables with non-conforming restrictive markings shall be rejected and corrected by the Contractor at the Contractor's expense, in accordance with DFARS 252.227-7013(h)(2). Additionally, the Contractor shall provide identification and assertion of any and all restrictions on the Government's Use, Release, or Disclosure of technical data and computer software deliverables in accordance with DFARS 252.227-7017.

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, and 52.227-9, Refund of Royalties; Patent indemnification is applicable to any patent claims or suits against the Government arising out of any activity occurring pursuant to this contract regarding the making, use, or sale of any items, materials; or the practicing of any processes; which, in either case, were sold or offered for sale by the contractor or its subcontractors hereunder to the public, in the commercial open market, and to such items, materials, or processes with relatively minor modifications thereto.

3.4 Berry Amendment Compliance. The Contractor shall ensure that all delivered products comply with the Berry Amendment, meaning 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 this contract. The Contractor shall provide documentation to the Government each time there are changes to raw material lots in order to validate Berry Amendment compliance.

3.5 Buy American Act Certification. The Contractor shall ensure that all delivered products comply with DFARs clause 252.225-7001, Buy American Act and Balance of Payments Program. 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 (PdM 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 Interest (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 determined “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 determine 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 provides Wide Area Workflow instructions.

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.

Notification 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) (i.e., waiver). 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. The Contractor shall not proceed with changes to manufacturing without written approval from the Contracting Officer. The Contractor shall immediately notify the Contracting Officer of any of the following changes prior to implementation.

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, for example 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 2013 or later Adobe Portable Document Format (PDF) Spreadsheets: Microsoft Excel 2013 or later Presentations: Microsoft PowerPoint 2013 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. Exhibit 1 – PdM SPE FORM 1 Engineering Change Request

(ECR).

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

c. Quality Management System Verification Table. Exhibit 3 – PdM SPE FORM 11 Quality Management System Crosswalk Matrix.

d. Corrective Action Request (CAR) form. Exhibit 4– PdM SPE FORM 3 Corrective Action Report.

e. Process Control Plan. Exhibit 5 – PdM SPE FORM 15 Process Control Plan.

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 notifying the Contracting Officer of 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 coordinate, schedule, and conduct a post award conference. 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 that 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 Table 1). Review production milestones. The Contractor shall keep an up to date schedule tracking production milestones, including baseline and production progress. The Contractor shall make the 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 provided in Table 1.

e. 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 that 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, and PD. The DP and internal processes shall reflect the Contractor’s successful end item realization. The Contractor shall provide, maintain, and make available upon request, 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 in order to determine conformance with contract requirements.