13R1017_RFP_30_July.pdf

MARCORSYSCOM CESS

2202 LESTER STREET

QUANTICO VA 22134

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

M67854-13-R-1017 30-Jul-2013

b. TELEPHONE NUMBER

(703) 432-3178

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 19 Aug 2013

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

M67854

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

PEGGY SMITH

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

M67854-13-R-1017

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 100 Pair TW RAT Pre-Production Samples

FFP

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0002 50,000 Pair

TW RAT

FFP

Ordering Period 1

MAX

UNIT UNIT PRICE MAX AMOUNT

0003 50,000 Pair

TW RAT

FFP

Ordering Period 2

UNIT UNIT PRICE MAX AMOUNT

0004 50,000 Pair

TW RAT

FFP

Ordering Period 3

UNIT UNIT PRICE MAX AMOUNT

0005 20 Pair TW RAT Special Sizes

FFP

UNIT UNIT PRICE MAX AMOUNT

0006 20 Pair TW RAT Special Sizes

FFP

UNIT UNIT PRICE MAX AMOUNT

0007 20 Pair TW RAT Special Sizes

FFP

0008 100 Pair HW RAT Pre-Production Samples

UNIT UNIT PRICE MAX AMOUNT

0009 50,000 Pair

HW RAT

FFP

UNIT UNIT PRICE MAX AMOUNT

0010 50,000 Pair

HW RAT

FFP

UNIT UNIT PRICE MAX AMOUNT

0011 50,000 Pair

HW RAT

FFP

UNIT UNIT PRICE MAX AMOUNT

0012 20 Pair HW RAT Special Sizes

FFP

UNIT UNIT PRICE MAX AMOUNT

0013 20 Pair HW RAT Special Sizes

FFP

UNIT UNIT PRICE MAX AMOUNT

0014 20 Pair HW RAT Special Sizes

FFP

0015 1 Pair Contract Data Requirements

CLAUSES INCORPORATED BY REFERENCE

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7003 Agency Office of the Inspector General DEC 2012

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) AUG 2012

252.225-7001 Buy American And Balance Of Payments Program DEC 2012

252.225-7012 Preference For Certain Domestic Commodities FEB 2013

252.225-7039 Contractors Performing Private Security Functions JUN 2012

252.227-7013 Rights in Technical Data--Noncommercial Items MAY 2012

252.227-7015 Technical Data--Commercial Items MAY 2013

252.227-7037 Validation of Restrictive Markings on Technical Data JUN 2012

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

NOV 2010

252.237-7019 Training for Contractor Personnel Interacting with Detainees SEP 2006

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment

To The Cost Bearer

SEP 2010

252.247-7023 Transportation of Supplies by Sea MAY 2002

252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

52.203-3 Gratuities APR 1984

SUPPLIES OR SERVICES

B.1 Contract Limitations

CONTRACT MINIMUM AND MAXIMUM

Pre-Production Samples – Temperate Weather

RAT Boot (CLIN 0001)

Firm Quantity: 100

Upon successful review of Pre-Production Samples, the following is applicable:

Temperate Weather RAT Boot (CLINs 0002-

0004 combined)

Minimum: 1,500 Maximum: 150,000

Temperate Weather RAT Boot – Special Sizes

(CLINs 0005-0007 combined)

Minimum: 1 Maximum: 60

Pre-Production Samples – Hot Weather RAT

Boot (CLIN 0008)

Firm Quantity: 100

Upon successful review of Pre-Production Samples, the following is applicable:

Hot Weather RAT Boot (CLINs 0009-0011 combined)

Minimum: 4,000 Maximum: 150,000

Hot Weather RAT Boot – Special Size (CLINs

0012-0014 combined)

Minimum: 1 Maximum: 60

Contract Data Requirements (CLIN 0015) Not Separately Priced

B.2 Schedule for Ordering Periods 1-3:

Ordering Period 1: within 12 month period from contract award

Ordering Period 2: within 24 month period from contract award

Ordering Period 3: within 36 month period from contract award

B.3 Pricing Limitations

Follow the below instructions for particular CLIN pricing. Offerors are advised that pricing for each ordering period shall be effective twelve months in accordance with the timeline provided in paragraph B.2.

(a) Pre-Production Items (CLINs 0001 and 0008): Fill-in unit price and the total amount.

(b) Production Items (CLINs 0002-0007 and 0009-0014): Fill-in unit price and the total amount based upon the maximum ordering quantity for said CLIN. Step-ladder pricing is not authorized. Contractor is advised that unit prices shall include the possibility that female sizes may be ordered at the offered price (reference paragraph C.1). Contractor is also advised that FOB Destination prices are inclusive of the possibility of shipping to any CONUS location in the contiguous United States.

(c) Contract Data Requirements (CLIN 0015): Not Separately Priced.

STATEMENT OF WORK

C.1. Scope

This statement of work (SOW) covers the efforts required to produce and deliver a maximum quantity of 150,160 pairs Temperate Weather (TW) and/or 150,160 pairs Hot Weather (HW) Rugged All Terrain (RAT) boots ordered under this contract.

C.2 Applicable Documents

The following documents form a part of this SOW to the extent specified herein. The most recent revision of the referenced document at the time of contract shall be used unless otherwise specified. All Government document issue dates are those listed in the Department of Defense Index of Specifications and Standards (DoDISS). In the event of conflict between the applicable documents and this SOW, the SOW shall take precedence. Nothing in this document, however, supersedes applicable laws and regulations unless a specific exemption has been obtained.

While every effort has been made to ensure the completeness of this list, documents may be referenced in the SOW not included below. Whether or not an applicable referenced document is listed, all specified requirements cited in this SOW shall be met.

C.2.1 Government documents. The following document(s) form a part of this SOW to the extent specified herein.

Unless otherwise specified, all Government document issue dates are those listed in the DoDISS.

Specifications and Standards.

Purchase Description Rugged All Terrain (RAT) Boot, Temperate Weather, Marine Corps (reference

Solicitation Attachment J.2)

Purchase Description Rugged All Terrain (RAT) Boot, Hot Weather, Marine Corps (reference Solicitation

Attachment J.2)

Other Government documents, drawings, and publications (reference solicitation Attachment J.3)

DI-ADMN-81249A Conference Agenda

DI-ADMN-81250A, Conference Minutes

DI-MGMT-80368A Monthly Status Report

DI-CMAN-80642C Notice of Revision

DI-CMAN-80639C Engineering Change Proposal

DI-RELI-80255, Failure Summary and Analysis Report

C.2.2 Non-Government documents. The following document(s) form a part of this specification to the extent specified herein. Unless otherwise specified, the issue dates of these documents which are DoD adopted are those listed in the DoDISS.

C.3. Requirements. The contractor shall furnish the services, personnel, facilities, equipment, and materials to manufacture and deliver the HW and TW RAT boot per the Purchase Description RAT Boot, Hot Weather, Marine

Corps and the Purchase Description RAT Boot, Temperate Weather, Marine Corps respectively. The contractor shall have the flexibility to manufacture up to 20 special sized RAT boots per year in addition to the regular size tariff. The contractor shall also be capable of manufacturing female sizes RAT boots if notified by the Government.

C.3.1 Program, Subcontractor and Data Management

C.3.1.1 Program Management. The contractor shall designate a single individual to serve as the primary point of contact (POC) between the Government and contractor, who shall be responsible for the coordination of all contractor activities related to this contract. This individual shall have the authority to commit the contractor to specific courses of action and accept direction from the Contracting Officer, or from the Contracting Officer's authorized representative(s). This individual shall be responsible for coordinating all meetings between the

Government and contractor; shall be responsible for bringing to the Contracting Officer's attention any conflicts in the contractor's interpretation of the contract requirements (first by telephone verbal notification, to be followed by written notification); and shall be responsible for bringing to the Contracting Officer's attention any problems that could adversely affect the contractor's ability to meet the contract quality, cost, production/delivery schedule, or other performance requirements. In order to insure full logistical support to the government, a third party logistics

(3PL) is required for this program. A 3PL will release the logistics burden from the government.

C.3.1.2 Subcontractor Management. The contractor is responsible for performance of requirements delineated in this SOW and shall institute appropriate management actions relative to subcontractor performance. Requirements contractually specified shall apply to subcontractor performance; however, the contractor shall be accountable for subcontractor compliance and is responsible for ensuring all deliverable products comply with the contract requirements.

C.3.1.3 Data Management. The contractor shall establish a single, centralized system for management of all data required in support of C.4.4 (Quality Assurance/Quality Control (QA/AC) Process), C.6 Configuration Management, and C.9 (Warranty) under this contract. The contractor, in developing information that will be furnished to the

Government, shall make the maximum use of existing data and provide maximum multiple use of technical information. The contractor shall ensure all data is centrally available for Government review to ensure continuity of the system fabrication and supporting documentation. The Government reserves the right to review the data associated with and developed for the TW and/or HW RAT boot.

C.3.2 Meetings and Formal Reviews, and Conferences

C.3.2.1 Post Award Conference. The contractor shall host a Post Award Conference (PAC) at their facility within 30 days after contract award. The main purpose of the PAC is for the contractor to demonstrate to the Government its production, quality control, and management procedures used in the production of the TW and/or HW RAT boots to provide the Government with the opportunity to discuss any specialty areas deemed pertinent at that time, and to ensure mutual understanding of contract requirements. The contractor shall ensure its key operations and management personnel attend the PAC. The contractor shall provide a meeting agenda prior to conference start as well as provide the meeting minutes for Government approval within 10 calendar days after conference completion.

DI-ADMN-81249A, Conference Agenda – Contract Data Requirement List (CDRL) A001

DI-ADMN-81250A, Conference Minutes – CDRL A002

C.3.2.2 In-Process Reviews (IPRs). The contractor shall participate in IPRs on an as needed basis at dates and locations mutually agreed upon by the Government and the contractor. The meetings generally are anticipated to be held only when production to meet delivery orders issued under the contract is in process. Issues such as ensuring compliance with contract requirements, problem identification and resolution, and actual versus expected manufacturing performance would be the types of issues that might necessitate face-to-face meetings. The contractor shall provide meeting minutes for Government approval within 10 calendar days after In-Process Reviews (IPR) completion.

DI-ADMN-81250A, Conference Minutes – CDRL A002

C.3.2..3 Status Reports. The Contractor shall provide a monthly contract status report. The first report is due not later than 30 days after Pre-Production Approval is received and production has been authorized and shall be submitted monthly during the life of the contract.

DI-MGMT-80368A , Monthly Status Report – CDRL A003

C.3.3 Quality Assurance/Quality Control (QA/QC) System. The contractor shall implement a QA/QC system that adheres to ISO-9001 or commercial equivalent practices and ensures product conformance to contractual requirements. The contractor shall document their procedures in a QA/QC plan and include a discussion on how their QA/QC system will apply to the production of the TW and HW RAT boot. The contractor shall make available pertinent quality control documentation for the Government to review upon request. The Government reserves the right to discuss the plan with the contractor, especially if there are areas of concern or increased risk.

C.3.3.1 Failure Reporting, Analysis, and Corrective Action System. The Contractor shall implement a Failure

Reporting, Analysis, and Corrective Action System (FRACAS). The FRACAS shall include failure reporting, failure analysis reports and corrective actions. In the event where a failed item is returned subject to a Product Quality

Deficiency Report (PQDR), traceability of the PQDR shall be integrated into the FRACAS. The Contractor shall execute a single FRACAS database to encompass in-factory (conformance inspection) and in-field (post-delivery) failure reporting and shall be transferred to the Government upon conclusion of the period of performance. All failures, critical and non-critical, shall be reported quarterly to the Government for review, or upon Government request. All failures shall be categorized as in-factory or in-field failures. The Contractor shall assess the failure data for the identification of trends (5 or more failures of the same root cause) and identify those trends in the quarterly report. Each FRACAS summary report shall, at a minimum, identify the root cause, and detail the remedial action taken including parts replaced for each instance during the period covered.

DI-RELI-80255, Failure Summary and Analysis Report – CDRL A004

C.3.4 Environmental, Safety, and Occupational Health

The TW and/or HW RAT boots shall pose no danger to users performing operations, provided they are operating within the operational bounds of the equipment and the TW and/or HW RAT boots are being utilized as designed.

Safety and health hazards associated with the operation, transportation, maintenance, storage, and disposal of the

TW and/or HW RAT boots shall be eliminated or controlled to acceptable levels.

C.3.5 Configuration Management

C.3.5.1 Commercial Products/Standard Parts. The Contractor shall use commercial products, processes, and practices when possible to reduce production and operation support costs unless a material or part is specified in the

TW and/or HW RAT boot PD. In any case where not specified in the TW and/or HW RAT boot PD, and when it is technically and economically feasible, a standard part will be used rather than a non-standard part. A standard part is one that is routinely available in the government inventory or commercial supply channels and is not sole source or proprietary in nature. Any non-standard part shall be identified by the contractor to the government for written approval prior to use in the TW and/or HW RAT boot.

C.3.5.2 Certificates of Conformance. The contractor shall maintain within their Configuration Management process all materials’ Certificate of Compliances (CoC) associated with Pre-Production and deliverable items associated to each lot submitted to the government and shall be provided to the government upon request. The government reserves the right to conduct varied or additional QA and or verification test against any or all requirements of the contract and or its specifications at any time as a condition of acceptance. Testing may be performed at either a government or commercial test facility, this decision is up to the government. Any change is CoC’s or variance must be approved by the government.

C.3.5.3 Baseline Management. Upon contract award, the contractor shall freeze the configuration and critical manufacturing processes of the TW and/or HW RAT boot. The contractor shall be responsible for maintaining the currency and accuracy of the established baseline to ensure form, fit, function, and interface of the TW and/or HW

RAT boots.

C.3.5.4 Engineering Change Proposals (ECP). The TW and/or HW RAT boots to be produced under this contract are commercial items over which the contractor has Configuration Management. For assurance that the Government consistently receives the same TW and/or HW RAT boot production units as those evaluated during the source selection and confirmed in the pre-production approval process; or improved versions acceptable to the Government meeting the same or better performance attributes on which the initial award was based - the contractor agrees to notify the Government regarding any pending changes to the products to be manufactured for delivery under the contract. For each change, the contractors shall submit an ECP per DI-CMAN-80369C and accompanied by a

Notice of Revision (NOR) per DI-CMAN-80642C for Government review. The Government reserves the right to accept the changes, to continue to receive previously approved versions, or to cancel all open delivery orders if the contractor does not agree to provide the modified commercial versions selected by the Government.

DI-CMAN-80639C, ECP – CDRL A005

DI-CMAN-80642C, NOR– CDRL A006

C.3.6 Lot Numbers. The contractor shall assign lot numbers to each lot produced and shall be able to track each lot number back to raw materials.

PACKAGING AND MARKING

Contractor shall package and mark all Temperate Weather and Hot Weather RAT Boots in accordance with Section

5, Packing and Marking, of the Temperate Weather and Hot Weather RAT Boot Purchase Descriptions, respectively.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Origin Government Origin Government

0003 Origin Government Origin Government

0004 Origin Government Origin Government

0005 Origin Government Origin Government

0006 Origin Government Origin Government

0007 Origin Government Origin Government

0008 Destination Government Destination Government

0009 Origin Government Origin Government

0010 Origin Government Origin Government

0011 Origin Government Origin Government

0012 Origin Government Origin Government

0013 Origin Government Origin Government

0014 Origin Government Origin Government

0015 Destination Government Destination Government

PRE-PRODUCTION INFORMATION

E.1 Pre-Production Product Verification Test

The Government will conduct Pre-Production Product Verification Testing for the first lot of 100 TW and/or 100

HW RAT boots prior to acceptance and follow-on production. Upon receipt of the pre-production samples, the contractor can expect the Pre-Production Product Verification Testing to last approximately 60 days. If pre-production samples pass testing, the Government will accept the pre-production lot via written notification from the cognizant Government Contracting Officer. If samples do not pass the test, the Government reserves the right to reject the lot and shall require the contractor to re-produce a new pre-production lot to repeat the pre-production product verification process. All expenses incurred in this revalidation process shall be at no cost to the Government.

Pre-Production Product Verification Testing is designed to demonstrate the adequacy and suitability of the contractor's production processes and procedures for achieving the requirements in the PD to the same or better performance level as demonstrated during source selection.

E.2 Production Lot Quality Acceptance Testing

E.2.1 Items produced shall be subject to the requirements contained in the SOW. During production, the DCMA

Quality Assurance Representative (QAR) will conduct random sampling, inspection and acceptance to evaluate acceptability of the finished garments, and validation of quality plan on a production rate basis. Quality acceptance testing shall be conducted on all lots, and satisfactory results are required for lot acceptance. Lot size for the purposes of acceptance testing will be determined by the contractor. The Government will require only random sampling in accordance with ANSI/ASQC Z1.4 (sampling procedures and tables for inspection by attribute). The sample unit shall be one pair of TW and/or HW RAT boots, the inspection level shall be II and the acceptable quality level (AQL) is 4.0. The table of defects used for the PDMs may be updated prior to production award.

During the course of production, the Government reserves the right to conduct additional testing to verify that production items continue to meet the desired material performance characteristics. The contractor shall receive notification of acceptance from DCMA prior to shipping any lot.

E.2.2 End item acceptance shall be conducted on site by the government representative in accordance with the

Quality Letter of Instruction which will be provided after contract award. Only boots that have been produced utilizing the same method used to construct the acceptable Pre-Production samples shall be used during production.

DELIVERIES

F.1. Delivery Schedule

F.1.1. Initial Delivery

F.1.1.1. CLIN 0001 Pre-Production units (TW RAT boots): 100 pairs shall be delivered FOB Destination to the following address no later than 30 days after contract award. Tariff details to be provided at time of delivery order

0001 award.

MARCORSYSCOM M67854

2201A WILLIS STREET

QUANTICO VA 22134-6050

POC: Todd Towles TELE: (703) 432-3608

F.1.1.2. CLIN 0008 Pre-Production units (HW RAT boots): 100 pairs shall be delivered FOB Destination to the following address no later than 30 days after contract award. Tariff details to be provided at time of delivery order

MARCORSYSCOM M67854

2201A WILLIS STREET

QUANTICO VA 22134-6050

POC: Todd Towles TELE: (703) 432-3608

F.1.1.3. Upon notification of Pre-Production Approval and Production Release, CLIN 0002 and CLIN 0009, maximum quantity of 5,000 pairs TW RAT boots and 10,000 pairs HW RAT boots, shall be delivered at the following minimum production rate to the following address. Tariff details to be provided at time of delivery order

M/F M21571

SUPERVISOR STAP OPERATIONS

WAREHOUSE 3, A STREET, NEBO ANNEX

MCLB BARSTOW, CA 92311

ATTN: Gabriel Flores TELE: (757) 705-6707

No later than 30 days after Pre-Production Approval, the Offeror shall deliver 1,000 TW RAT Boots and 1,000 HW

RAT Boots FOB Destination.

No later than 60 days after Pre-Production Approval, the Offeror shall deliver and maintain a monthly minimum delivery of 2,000 TW RAT Boots and 2,000 HW RAT Boots FOB Destination until all items have been delivered, unless otherwise specified by the Government.

All subsequent deliveries for orders made against CLINs 0002 and 009 shall meet the timeliness standards of paragraph F.1.2.3.

F.1.1.4 CLIN 0015, Contract Data Requirements, shall be delivered in accordance with CDRLs A0001-A0006

(Attachment J.3).

F.1.2 Subsequent Delivery Orders

F.1.2.1 CLINs 0003-0007 and 0010-0014 delivery instructions will be specified via the award of subsequent delivery orders.

F.1.2.2 CLIN 0015, Contract Data Requirements, shall be delivered in accordance with CDRLs A0001-A0006

(Attachment J.3)

F.1.2.3 The Contractor shall deliver all subsequent orders placed within 30 days of order placement unless a longer period is specified in the order OR the parties mutually agree to a shorter delivery period for a particular delivery order.

F.2 Overseas Shipments

Items that are being delivered to a Government CCP (i.e., Tracy, CA) are being forwarded for onward movement overseas in quantities to be specified at time of contract award. Forward movement freight charges shall be borne by the Government.

F.2.1 Shipments to overseas locations via the CCP must meet the MIL-STD-129 requirement for a bar-coded

Military Shipping Label. In addition, a packing slip must be placed in a water-resistant envelope securely attached to the outside of the shipping container/exterior pack. The Mark For and/or TCN must be clearly visible on all documentation to ensure accurate and prompt identification by the CCP. Questions concerning the shipment of quantities to CCP shall be directed to the project officer identified in the delivery order after contract award.

F.2.2 Contractor is advised that prior to shipping to Tracy, CA, it must contact Holly Greer at 760-577-6901/ holly.greer@usmc.mil to obtain a TCN for each shipment.

F.3. Consideration for Late Deliveries

F.3.1. The contractor shall be assessed four percent of any late contract line item “at no cost” to the government.

Late is defined as not delivered by the required date. Consideration due the government will only will only be mailto:760-577-6901/%20holly.greer@usmc.mil mailto:760-577-6901/%20holly.greer@usmc.mil applicable in cases where late delivery is caused by an occurrence within reasonable control of the contractor. A new CLIN will be incorporated for these quantities. This consideration is in addition to the current contract.

F.3.2. Consideration will not be assessed without discussions between the government and the contractor. If the contractor is ahead or behind schedule deliveries going into any month and does not meet the schedule delivery for that month, then consideration will be assessed on that net amount.

ADMINISTRATION

G.1 Accounting and Appropriation Data

Funding and associated accounting and appropriation data will be provided on each individual delivery order.

G.2 Contractor’s Administrative Information (OFFERORS SHALL FILL-IN)

The Contractor's contract administration functions will be performed at the following address:

Name and Title

Responsible Office

Address

Telephone Number

DUNS # CAGE # ____________

G.3 Government’s Point of Contact

Listed below are the Government points of contact for this effort:

ROLE NAME ADDRESS PHONE/FAX EMAIL

PROCURING

CONTRACTING

OFFICER (PCO)

Information to be provided at time of contract award.

ADMINISTRATIVE

CONTRACTING

OFFICER (ACO)

TECHNICAL POINT

OF CONTACT

(TPOC)

PAYMENT OFFICE

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian

Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than

$10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).

https://www.acquisition.gov/

(End of provision)

CLAUSES INCORPORATED BY REFERENCE

52.211-6 Brand Name or Equal AUG 1999

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2012)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision --

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United

States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue

Code at 26 U.S.C. 7874.

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the

Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment

Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act

(50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women;

and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least

51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part

127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the Online

Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-

3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

[Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United

States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, (

) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.

Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ballot] is, [ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ----------.] Each

WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ballot] is, [ballot] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ballot] is, [ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ----------.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation

Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR

Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13

CFR 124.104(c)(2); or

(B) It ( ) has, ( ) has not submitted a completed application to the Small Business Administration or a Private

Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(11) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of

Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _______.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ) has, ( ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ) has, ( ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ) has developed and has on file, ( ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and

60-2), or

(ii) It ( ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract.