M67854-14-R-1010_RFP_(EFRCE)_dtd_08APR2014.pdf

CODE

(Hour)

PAGE(S)

until local time

X

A

X B

X C X D

EX

X

G

F 48 - 56

57 - 66

H 67 - 73

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 1 73

(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.

M67854 8. ADDRESS OFFER TO

See Item 7

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

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

See Section L 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

2 - 15

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

16 - 23

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

25 - 28

29 - 31 X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 32 - 35 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 - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

36 - 46

PART II - CO NTRACT CLAUSES

MCSC PDM ICE

2200 LESTER STREET

QUANTICO VA 22134

703.432.3268

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

08 Apr 2014

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

M67854-14-R-1010

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 100 Set First Article Test (FAT) EFRCE Sets

FFP

The offeror shall submit 100 Enhanced Fire Resistant Combat Ensemble (EFRCE) sets (set = blouse plus trouser) to support First Article Testing (FAT) in order to ensure compliance with the MIL-PRF-EFRCE Purchase Description (Attachment

01). Refer to MIL-PRF-EFRCE Purchase Description and the Statement of Work for additional details.

FOB: Origin

PROJECT: EFRCE

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0002 327,000 Each EFRCE Woodland MARPAT Blouse

FFP

Refer to MIL-PRF-EFRCE Purchase Description (Attachment 01) and the

Statement of Work regarding requirements for EFRCE production articles. The

Contractor shall be responsible for preservation, packaging, and marking in accordance with Section D and MIL-PRF-EFRCE Purchase Description

(Attachment 01).

The following pricing is effective based on "date of order":

QTY (Price per unit) 1-327,000

Ordering Period One (1) $ XX

[Ordering Period One (1) is defined as "After Date of Contract" (ADC) plus 365 days - ADC is included as day one of this 365 day period. Also known as "Year

One," Months 1-12 ADC; Ordering period 2014 through 2015]

QTY (Price per unit) 1-327,000

Ordering Period Two (2) $ XX

[Ordering Period Two (2) is defined as 366 days "After Date of Contract" (ADC) up to and including day 731 after ADC - ADC plus 366 days is included as day one of Ordering Period Two (2). Also known as "Year Two," Months 13-24 ADC;

Ordering period 2015 through 2016; Note - Ordering Period Two (2) accounts for extra day in February 2016 to support Leap Year]

QTY (Price per unit) 1-327,000

Ordering Period Three (3) $ XX

[Ordering Period Three (3) is defined as 732 days "After Date of Contract" (ADC) up to and including day 1,096 after ADC - ADC plus 731 days is included as day one of Ordering Period Three (3). Also known as "Year Three," Months 25-36

ADC; Ordering period 2016 through 2017]

QTY (Price per unit) 1-327,000

Ordering Period Four (4) $ XX

[Ordering Period Four (4) is defined as 1,097 days "After Date of Contract"

(ADC) up to and including day 1,461 after ADC - ADC plus 1,097 days is included as day one of Ordering Period Four (4). Also known as "Year Four,"

Months 37-48 ADC; Ordering period 2017 through 2018] -

MAX

UNIT UNIT PRICE MAX AMOUNT

0003 327,000 Each EFRCE Woodland MARPAT Trouser

FFP

Refer to MIL-PRF-EFRCE Purchase Description (Attachment 01) and the

Statement of Work regarding requirements for EFRCE production articles. The

Contractor shall be responsible for preservation, packaging, and marking in accordance with Section D and MIL-PRF-EFRCE Purchase Description

(Attachment 01).

The following pricing is effective based on "date of order":

QTY (Price per unit) 1-327,000

Ordering Period One (1) $ XX

[Ordering Period One (1) is defined as "After Date of Contract" (ADC) plus 365 days - ADC is included as day one of this 365 day period. Also known as "Year

One," Months 1-12 ADC; Ordering period 2014 through 2015]

QTY (Price per unit) 1-327,000

Ordering Period Two (2) $ XX

[Ordering Period Two (2) is defined as 366 days "After Date of Contract" (ADC) up to and including day 731 after ADC - ADC plus 366 days is included as day one of Ordering Period Two (2). Also known as "Year Two," Months 13-24 ADC;

Ordering period 2015 through 2016; Note - Ordering Period Two (2) accounts for extra day in February 2016 to support Leap Year]

QTY (Price per unit) 1-327,000

Ordering Period Three (3) $ XX

[Ordering Period Three (3) is defined as 732 days "After Date of Contract" (ADC) up to and including day 1,096 after ADC - ADC plus 731 days is included as day one of Ordering Period Three (3). Also known as "Year Three," Months 25-36

ADC; Ordering period 2016 through 2017]

QTY (Price per unit) 1-327,000

Ordering Period Four (4) $ XX

[Ordering Period Four (4) is defined as 1,097 days "After Date of Contract"

(ADC) up to and including day 1,461 after ADC - ADC plus 1,097 days is included as day one of Ordering Period Four (4). Also known as "Year Four,"

Months 37-48 ADC; Ordering period 2017 through 2018] -

UNIT UNIT PRICE MAX AMOUNT

0004 327,000 Each EFRCE Desert MARPAT Blouse

FFP

Refer to MIL-PRF-EFRCE Purchase Description (Attachment 01) and the

Statement of Work regarding requirements for EFRCE production articles. The

Contractor shall be responsible for preservation, packaging, and marking in accordance with Section D and MIL-PRF-EFRCE Purchase Description

(Attachment 01).

The following pricing is effective based on "date of order":

QTY (Price per unit) 1-327,000

Ordering Period One (1) $ XX

[Ordering Period One (1) is defined as "After Date of Contract" (ADC) plus 365 days - ADC is included as day one of this 365 day period. Also known as "Year

One," Months 1-12 ADC; Ordering period 2014 through 2015]

QTY (Price per unit) 1-327,000

Ordering Period Two (2) $ XX

[Ordering Period Two (2) is defined as 366 days "After Date of Contract" (ADC) up to and including day 731 after ADC - ADC plus 366 days is included as day one of Ordering Period Two (2). Also known as "Year Two," Months 13-24 ADC;

Ordering period 2015 through 2016; Note - Ordering Period Two (2) accounts for extra day in February 2016 to support Leap Year]

QTY (Price per unit) 1-327,000

Ordering Period Three (3) $ XX

[Ordering Period Three (3) is defined as 732 days "After Date of Contract" (ADC) up to and including day 1,096 after ADC - ADC plus 731 days is included as day one of Ordering Period Three (3). Also known as "Year Three," Months 25-36

ADC; Ordering period 2016 through 2017]

QTY (Price per unit) 1-327,000

Ordering Period Four (4) $ XX

[Ordering Period Four (4) is defined as 1,097 days "After Date of Contract"

(ADC) up to and including day 1,461 after ADC - ADC plus 1,097 days is included as day one of Ordering Period Four (4). Also known as "Year Four,"

Months 37-48 ADC; Ordering period 2017 through 2018] -

UNIT UNIT PRICE MAX AMOUNT

0005 327,000 Each EFRCE Desert MARPAT Trousers

FFP

Refer to MIL-PRF-EFRCE Purchase Description (Attachment 01) and the

Statement of Work regarding requirements for EFRCE production articles. The

Contractor shall be responsible for preservation, packaging, and marking in accordance with Section D and MIL-PRF-EFRCE Purchase Description

(Attachment 01).

The following pricing is effective based on "date of order":

QTY (Price per unit) 1-327,000

Ordering Period One (1) $ XX

[Ordering Period One (1) is defined as "After Date of Contract" (ADC) plus 365 days - ADC is included as day one of this 365 day period. Also known as "Year

One," Months 1-12 ADC; Ordering period 2014 through 2015]

QTY (Price per unit) 1-327,000

Ordering Period Two (2) $ XX

[Ordering Period Two (2) is defined as 366 days "After Date of Contract" (ADC) up to and including day 731 after ADC - ADC plus 366 days is included as day one of Ordering Period Two (2). Also known as "Year Two," Months 13-24 ADC;

Ordering period 2015 through 2016; Note - Ordering Period Two (2) accounts for extra day in February 2016 to support Leap Year]

QTY (Price per unit) 1-327,000

Ordering Period Three (3) $ XX

[Ordering Period Three (3) is defined as 732 days "After Date of Contract" (ADC) up to and including day 1,096 after ADC - ADC plus 731 days is included as day one of Ordering Period Three (3). Also known as "Year Three," Months 25-36

ADC; Ordering period 2016 through 2017]

QTY (Price per unit) 1-327,000

Ordering Period Four (4) $ XX

[Ordering Period Four (4) is defined as 1,097 days "After Date of Contract"

(ADC) up to and including day 1,461 after ADC - ADC plus 1,097 days is included as day one of Ordering Period Four (4). Also known as "Year Four,"

Months 37-48 ADC; Ordering period 2017 through 2018] -

UNIT UNIT PRICE MAX AMOUNT

0006 36,000 Each EFRCE Navy NWU II Blouse

FFP

Refer to MIL-PRF-EFRCE Purchase Description (Attachment 01) and the

Statement of Work regarding requirements for EFRCE production articles. The

Contractor shall be responsible for preservation, packaging, and marking in accordance with Section D and MIL-PRF-EFRCE Purchase Description

(Attachment 01).

The following pricing is effective based on "date of order":

QTY (Price per unit) 1-36,000 Ordering

Period One (1) $ XX [Ordering

Period One (1) is defined as "After Date of Contract" (ADC) plus 365 days - ADC is included as day one of this 365 day period. Also known as "Year One," Months

1-12 ADC; Ordering period 2014 through 2015]

QTY (Price per unit) 1-36,000 Ordering

Period Two (2) $ XX [Ordering

Period Two (2) is defined as 366 days "After Date of Contract" (ADC) up to and including day 731 after ADC - ADC plus 366 days is included as day one of

Ordering Period Two (2). Also known as "Year Two," Months 13-24 ADC;

Ordering period 2015 through 2016; Note - Ordering Period Two (2) accounts for extra day in February 2016 to support Leap Year]

QTY (Price per unit) 1-36,000

Ordering Period Three (3) $ XX

[Ordering Period Three (3) is defined as 732 days "After Date of Contract" (ADC) up to and including day 1,096 after ADC - ADC plus 731 days is included as day one of Ordering Period Three (3). Also known as "Year Three," Months 25-36

ADC; Ordering period 2016 through 2017]

QTY (Price per unit) 1-36,000

Ordering Period Four (4) $ XX

[Ordering Period Four (4) is defined as 1,097 days "After Date of Contract"

(ADC) up to and including day 1,461 after ADC - ADC plus 1,097 days is included as day one of Ordering Period Four (4). Also known as "Year Four,"

Months 37-48 ADC; Ordering period 2017 through 2018] -

UNIT UNIT PRICE MAX AMOUNT

0007 36,000 Each EFRCE Navy NWU II Trousers

FFP

Refer to MIL-PRF-EFRCE Purchase Description (Attachment 01) and the

Statement of Work regarding requirements for EFRCE production articles. The

Contractor shall be responsible for preservation, packaging, and marking in accordance with Section D and MIL-PRF-EFRCE Purchase Description

(Attachment 01).

The following pricing is effective based on "date of order":

QTY (Price per unit) 1-36,000 Ordering

Period One (1) $ XX [Ordering

Period One (1) is defined as "After Date of Contract" (ADC) plus 365 days - ADC is included as day one of this 365 day period. Also known as "Year One," Months

1-12 ADC; Ordering period 2014 through 2015]

QTY (Price per unit) 1-36,000 Ordering

Period Two (2) $ XX [Ordering

Period Two (2) is defined as 366 days "After Date of Contract" (ADC) up to and including day 731 after ADC - ADC plus 366 days is included as day one of

Ordering Period Two (2). Also known as "Year Two," Months 13-24 ADC;

Ordering period 2015 through 2016; Note - Ordering Period Two (2) accounts for extra day in February 2016 to support Leap Year]

QTY (Price per unit) 1-36,000

Ordering Period Three (3) $ XX

[Ordering Period Three (3) is defined as 732 days "After Date of Contract" (ADC) up to and including day 1,096 after ADC - ADC plus 731 days is included as day one of Ordering Period Three (3). Also known as "Year Three," Months 25-36

ADC; Ordering period 2016 through 2017]

QTY (Price per unit) 1-36,000

Ordering Period Four (4) $ XX

[Ordering Period Four (4) is defined as 1,097 days "After Date of Contract"

(ADC) up to and including day 1,461 after ADC - ADC plus 1,097 days is included as day one of Ordering Period Four (4). Also known as "Year Four,"

Months 37-48 ADC; Ordering period 2017 through 2018] -

UNIT UNIT PRICE MAX AMOUNT

0008 12,000 Each EFRCE Navy NWU III Blouse

FFP

Refer to MIL-PRF-EFRCE Purchase Description (Attachment 01) and the

Statement of Work regarding requirements for EFRCE production articles. The

Contractor shall be responsible for preservation, packaging, and marking in accordance with Section D and MIL-PRF-EFRCE Purchase Description

(Attachment 01).

The following pricing is effective based on "date of order":

QTY (Price per unit) 1-12,000 Ordering

Period One (1) $ XX [Ordering

Period One (1) is defined as "After Date of Contract" (ADC) plus 365 days - ADC is included as day one of this 365 day period. Also known as "Year One," Months

1-12 ADC; Ordering period 2014 through 2015]

QTY (Price per unit) 1-12,000 Ordering

Period Two (2) $ XX [Ordering

Period Two (2) is defined as 366 days "After Date of Contract" (ADC) up to and including day 731 after ADC - ADC plus 366 days is included as day one of

Ordering Period Two (2). Also known as "Year Two," Months 13-24 ADC;

Ordering period 2015 through 2016; Note - Ordering Period Two (2) accounts for extra day in February 2016 to support Leap Year]

QTY (Price per unit) 1-12,000

Ordering Period Three (3) $ XX

[Ordering Period Three (3) is defined as 732 days "After Date of Contract" (ADC) up to and including day 1,096 after ADC - ADC plus 731 days is included as day one of Ordering Period Three (3). Also known as "Year Three," Months 25-36

ADC; Ordering period 2016 through 2017]

QTY (Price per unit) 1-12,000

Ordering Period Four (4) $ XX

[Ordering Period Four (4) is defined as 1,097 days "After Date of Contract"

(ADC) up to and including day 1,461 after ADC - ADC plus 1,097 days is included as day one of Ordering Period Four (4). Also known as "Year Four,"

Months 37-48 ADC; Ordering period 2017 through 2018] -

UNIT UNIT PRICE MAX AMOUNT

0009 12,000 Each EFRCE Navy NWU III Trousers

FFP

Refer to MIL-PRF-EFRCE Purchase Description (Attachment 01) and the

Statement of Work regarding requirements for EFRCE production articles. The

Contractor shall be responsible for preservation, packaging, and marking in accordance with Section D and MIL-PRF-EFRCE Purchase Description

(Attachment 01).

The following pricing is effective based on "date of order":

QTY (Price per unit) 1-12,000 Ordering

Period One (1) $ XX [Ordering

Period One (1) is defined as "After Date of Contract" (ADC) plus 365 days - ADC is included as day one of this 365 day period. Also known as "Year One," Months

1-12 ADC; Ordering period 2014 through 2015]

QTY (Price per unit) 1-12,000 Ordering

Period Two (2) $ XX [Ordering

Period Two (2) is defined as 366 days "After Date of Contract" (ADC) up to and including day 731 after ADC - ADC plus 366 days is included as day one of

Ordering Period Two (2). Also known as "Year Two," Months 13-24 ADC;

Ordering period 2015 through 2016; Note - Ordering Period Two (2) accounts for extra day in February 2016 to support Leap Year]

QTY (Price per unit) 1-12,000

Ordering Period Three (3) $ XX

[Ordering Period Three (3) is defined as 732 days "After Date of Contract" (ADC) up to and including day 1,096 after ADC - ADC plus 731 days is included as day one of Ordering Period Three (3). Also known as "Year Three," Months 25-36

ADC; Ordering period 2016 through 2017]

QTY (Price per unit) 1-12,000

Ordering Period Four (4) $ XX

[Ordering Period Four (4) is defined as 1,097 days "After Date of Contract"

(ADC) up to and including day 1,461 after ADC - ADC plus 1,097 days is included as day one of Ordering Period Four (4). Also known as "Year Four,"

Months 37-48 ADC; Ordering period 2017 through 2018] -

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 Lot

DATA IN SUPPORT OF THE EFRCE

FFP

Contractor shall submit all Contract Data Requirements List (CDRL) information per Attachment 02. THIS CLIN IS NOT SEPARATELY PRICED.

FOB: Destination

SCHEDULE OF SUPPLIES

B.1 BERRY AMENDMENT COMPLIANCE

The Defense Appropriations and Authorizations Acts and other Statutes (including what is commonly referred to as the “Berry Amendment”) imposes restrictions on the DOD’s acquisition of foreign products and services.

A preference for certain domestic commodities is required by 10 USC 2533a and DFARS 252.225-7012. These references require the Department of Defense to acquire specific end items or components that have been grown, reprocessed, reused, or produced in the United States. Items provided under this solicitation and the resulting contract shall be compliant with the above references.

Offerors shall maintain additional documentation substantiating the claim that all materials, including components and raw materials, submitted under this solicitation and the resultant contract are Berry Amendment Compliant.

Offerors shall be able to provide this documentation to Government personnel upon request.

B.2 MINIMUM AND MAXIMUMS

Upon approval of 100 Enhanced Flame Resistant Combat Ensemble (EFRCE) First Article Test sets (CLIN 0001;

“set” is defined as a trouser plus blouse):

Contract Minimum for all CLINs combined (excluding FAT CLIN with fixed quantity of 100) is 30,000 individual

EFRCE articles (unit of issue = Each) or any variation thereof (for example, 15,000 EFRCE sets; set = blouse plus trouser).

Contract Maximum for all CLINs combined (excluding FAT CLIN with fixed quantity of 100) is 375,000 individual

EFRCE articles (unit of issue = Each) or any variation thereof (for example, 187,500 EFRCE sets; set = blouse plus trouser).

Of note, CLIN 0010 is for Contract Data List Requirements information and is “not separately priced.”

B.3 SECTION B PRICING INSTRUCTIONS

Follow the below instructions for particular CLIN pricing. Offerors are advised that offered pricing for all CLINs shall be effective through 30 September 2014.

(a) First Article Test (FAT) EFRCE Sets (CLIN 0001): Fill-in unit price

(b) Production EFRCE articles (CLIN 0002 -0009): Within the extended description of each CLIN, offerors shall fill-in the unit price for each respective Ordering Period (ordering periods 1-4). Offerors should place their offered price next to the “$XX” labeling convention. Of note, if filled-out correctly, each CLIN will have four separate prices associated with it, one price for each of the four separate but corresponding ordering periods. Step-ladder pricing is NOT authorized.

(c) CLIN 0010 is for Contract Data List Requirements information and is “not separately priced.”

Section C - Descriptions and Specifications

STATEMENT OF WORK

Enhanced Flame Resistant Combat Ensemble (EFRCE)

1. SCOPE. MARCORSYSCOM, PdM ICE, has a requirement for a government-designed, Berry

Amendment compliant, Enhanced Flame Resistant Combat Ensemble (EFRCE). Although the EFRCE is similar to the current Flame Resistant Combat Ensemble, the design and fabrics used to construct the ensemble have been modified to increase durability.

The blouse is constructed with a FR knit fabric in the torso area and an FR woven fabric printed in Desert

MARPAT

TM

, Woodland MARPAT

TM

, Navy Working Uniform (NWU) Type II or NWU Type III for the blouse sleeves. The trousers are constructed with an FR woven fabric printed in Desert MARPAT

TM

, Woodland

MARPAT

TM

, Navy Working Uniform (NWU) Type II, or Navy Working Uniform (NWU) Type III. Each EFRCE must be factory permethrin treated and conform to the permethrin concentration levels and percent bite protection requirements, as established in the EFRCE specification. Permethrin treatment process and garment treatment shall comply with Environmental Protection Agency (EPA) Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and EPA Product Performance Test Guidelines. The permethrin treatment shall not degrade any performance characteristic of the garments or present any latent defects to the cloth or garment.

The vast majority of Marines fit within the size tariff contained within the EFRCE Purchase Description, MIL-PRF-

EFRCE (Attachment 01); however, there will be a small number of individuals (estimated between 1-10 per year) who will routinely require a special size. These individuals may require a special measurement EFRCE and the

Contractor shall have the flexibility to accommodate this special measurement requirement.

The Contractor shall furnish the services, personnel, facilities, equipment and materials required to produce and deliver the EFRCE units ordered under this contract in accordance with the MIL-PRF-EFRCE Purchase Description

(Attachment 01). The Contractor shall further accomplish any additional requirements set forth in this Description.

1.1 Background. The United States Marine Corps (USMC) has a requirement for the USMC Enhanced

Flame Resistant Combat Ensemble (EFRCE) which is a component of the ACAT IV-M, Flame Resistant

Organizational Gear (FROG) Program. It is one of the programs managed by the Combat, Cold Weather, and Dress

Clothing Team which falls under the cognizance of the Product Manager for Infantry Combat Equipment (PdM

ICE), Marine Corps Systems Command (MARCORSYSCOM). EFRCE capability will increase the survivability and mobility of the individual Marine supporting Overseas Contingency Operations (OCO) as well as increasing the

Marine's lethality in combat. Note – the EFRCE is a Critical Safety Item (CSI) and has been given a criticality designation of “A” in accordance with Federal Acquisition Regulation (FAR) 42.1105.

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.

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.

MIL-PRF-EFRCE (FEB 2014)

MIL-STD-129P, Military Marking for Shipment and Storage

MIL-STD-130N, Standard Practice Identification Marking of U.S. Military Property

2.2 Other Government documents, drawings, and publications.

DI-CMAN-80642C Notice of Revision

DI-CMAN-80639C Engineering Change Proposal

DI-CMAN-80640C, Request For Deviation (RFD)

2.3 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.

ASTM-D-3951, Standard Practice for Commercial Packaging

ANSI/ASQ Z1.4, American National Standard, “Sampling Procedures and Tables For Inspection by

Attributes”

National Aerospace Standard (NAS) 411

3 REQUIREMENTS.

3.1 General. The work required by this contract shall be performed in accordance with MIL-PRF-EFRCE

(Attachment 1) and this Statement of Work (SOW).

3.2 Detail Tasks.

3.2.1 Program, Subcontractor, and Data Management.

3.2.1.1 Program Management. The contractor shall designate a single individual to serve as the primary point of contact (POC) between the Government and contractor, and 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.

3.2.1.2 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.

3.2.1.3 Data Management. The contractor shall establish a single, centralized system for management of all data required to support this contract, including but not limited to: Quality Assurance/Quality Control (SOW paragraph 3.2.2.3), Configuration Management (SOW paragraph 6.0), and Warranty (SOW paragraph 9.0). 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, at its discretion, reserves the right to review the data associated with and developed for the EFRCE.

3.2.2 Meetings, Formal Reviews, Conferences, and Audits.

3.2.2.1 Post Award Conference. At the request of the Government, 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 production, quality control, and management procedures used in the production of the

EFRCE, 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 - CDRL A001

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

3.2.2.2 In-Process Reviews (IPRs). These reviews will be held only 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 (see Statement of Work paragraph 3.2.2.1, CDRL A002) for Government approval within 10 calendar days after IPR completion.

3.2.2.3 Quality Assurance/Quality Control (QA/QC) System. The contractor's quality control system shall adhere to best commercial practices and ensure product conformance to contractual requirements. The contractor shall have implemented and documented the quality control system to be used on the contract. 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.

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

Failure Reporting, Analysis, and Corrective Action System (FRACAS). The FRACAS shall include uniform failure reporting, failure analysis reports and corrective actions. In the event 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 of this contract. All failures, critical and non-critical, shall be reported quarterly to the Government for review, or upon Government request (see related SOW paragraph 7.3.) 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 A003

4 ENVIRONMENTAL, SAFETY and OCCUPATIONAL HEALTH. The EFRCE shall pose no danger to users performing operations, provided they are operating within the operational bounds of the equipment and the EFRCE is being utilized as designed. Safety and health hazards associated with the operation, transportation, maintenance, storage, and disposal of the EFRCE shall be eliminated or controlled to acceptable levels. In the event that the contractor must produce EFRCE “end items” that come from materials equal to the recommended sources of supply in MIL-PRF-EFRCE (Attachment 01), the contractor shall provide information on the potential for any adverse environmental impacts from the manufacturing, operation, maintenance, and disposal of the EFRCE. Such environmental impacts include air, soil, wetlands, water, flora, fauna, endangered species, emissions and toxic waste resulting from development, maintenance (coatings and primers), operation, disposal, etc.

The contractor shall identify health hazards, evaluate proposed hazardous materials, and propose protective measures to reduce the associated risk to a level acceptable to the Government.

System Safety and Environmental Information Report, A004

4.1 Hazardous Materials Management Program and Pollution Prevention. In the event that the contractor must produce EFRCE “end items” that come from materials equal to recommended sources of supply in MIL-PRF-

EFRCE (Attachment 01), the Contractor shall implement a Hazardous Materials Management Program (HMMP) and

Pollution Prevention (P2) program in accordance with NAS 411 if the EFRCE, system components, and associated support items throughout phases of the system life cycle contain hazardous materials. The contractor shall submit a

HMMP Report to document the Contractor’s efforts to eliminate or reduce the use of hazardous materials in the

EFRCE system, system components, or support items.

DI-MISC-81397B, Hazardous Materials Management Program Report, A005

5 TEST AND EVALUATION.

5.1 First Article Test. The Government will conduct First Article Tests in accordance with FAR 52.209-4

Alt I First Article Approval – Government Testing.

5.2 First Article Test Requirements.

(a) The Contractor shall deliver one hundred (100) EFRCE sets for verification no later than 60 days after contract award.

(b) The Government’s First Article Test may include verification of any or all of the requirements specified in the MIL-PRF-EFRCE Purchase Description (Attachment 01).

(c) First Article Test approval remains in effect and production may continue per the provisions in

52.209-4 Alt I.

(d) Any additional First Article Test required to validate revised or new designs shall be conducted in accordance with the contract.

6 CONFIGURATION MANAGEMENT.

6.1 First Article Test. All production quantities submitted after approval of the First Article Test shall be produced using the same raw material suppliers, materials, processes, procedures, equipment and facilities that resulted in the manufacture of the acceptable First Article Test items. This includes all raw materials and/or sub-components. Contractors desiring to make changes to approved First Article Test items, to include raw material supplier and production processes, must request in writing and receive written approval from the Contracting Officer

PRIOR to use. The Contracting Officer, along with the Government Project Officer, will determine if the request is approved or disapproved and if a new First Article Test is required.

6.2 Deviations. The Contractor shall not deviate from the Government Configuration Management (CM) process for the control of material utilized in the MIL-PRF-EFRCE Purchase Description (Attachment 01). The

Contractor shall furnish, with each lot submitted to the Government, the associated Certificates of Compliance (CoC) and lots of raw material used in respective lot production.

6.3 Certificates of Compliance. The contractor shall maintain within their Configuration Management process all material Certificate of Compliance (CoC) documents associated with pre-production and deliverable items affiliated with each lot submitted to the government. These shall be provided to the government upon request.

The government reserves the right to conduct varied or additional QA and / or verification testing 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 at the discretion of the Government.

Any change in CoC’s or variance must be approved in writing by the Contracting Officer.

6.4 Baseline Management. As referenced in SOW paragraph 6.1, the contractor shall freeze the configuration of the EFRCE once FAT articles are approved. The contractor shall be responsible for maintaining the currency and accuracy of the established baseline to ensure form, fit, and function of the EFRCE production lots.

6.5 Engineering Change Proposals (ECP). For assurance that the Government consistently receives the same EFRCE production units as those evaluated during the source selection and confirmed in the FAT approval process, 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 contractor shall submit an Engineering Change

Proposal (ECP) with accompanying Notice of Revision or, as appropriate, submit a Request for Deviation. The respective submission shall detail the exact change being proposed, including but not limited to the rationale for the change as well as additional effects tied to the change, such as impacts on raw material production, schedule, cost , etc.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 versions selected by the

Government.

DI-CMAN-80639C, Engineering Change Proposal (ECP) – CDRL A006

DI-CMAN-80640C, Request For Deviation (RFD) – CDRL A007

DI-CMAN-80642C, Notice Of Revision (NOR) – CDRL A008

7 PRODUCTION LOT QUALITY ACCEPTANCE TESTING.

7.1 Testing. Items produced shall be subject to the requirements contained in this SOW. During production, the Defense Contract Management Agency (DCMA) Quality Assurance Representative (QAR) will conduct random sampling, inspection and acceptance to evaluate acceptability of the finished garments in accordance with contract requirements. 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 Attachment 03, ANSI/ASQCZ1.4 (Sampling Procedures and Tables for Inspection by Attribute). 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. End item acceptance shall be conducted on site by the government representative in accordance with the Quality Assurance Letter of Instruction (QALI) which will be provided after contract award.

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

7.2 Lot Acceptance Criteria. For purposes of lot acceptance criteria, the Government reserves the right to test any and all performance attributes contained within MIL-PRF-EFRCE to ensure compliance. For planning purposes, at a minimum, pre-approval quality assurance inspection of respective EFRCE lots should cover the following: (1) Inspection of defects on EFRCE end products for a respective lot as listed in Table XIII, “End Item

Visual Examination,” Purchase Description document MIL-PRF-EFRCE dated (Attachment 01). The inspection level shall be S-4 and the acceptable quality level (AQL) is 2.5 for all visual defects listed in Table XIII; (2)

Inspection of EFRCE blouse and trouser “Finished Measurements” as indicated in Tables XIV and XV contained in

Purchase Description document MIL-PRF-EFRCE (Attachment 01). The inspection level shall be S-2 and the acceptable quality level (AQL) is 4.0 for all dimensional requirements listed in Tables XIV and XV; (3) Inspection of preparation of EFRCE lot shipments to ensure compliance with paragraph 5.2 in the MIL-PRF-EFRCE

(Attachment 01). The inspection level shall be S-2 and the acceptable quality level (AQL) is 2.5; (4) Inspection of palletization of shipments to ensure compliance with Section D “Packaging and Marking” in this contract. The inspection level shall be S-1and the acceptable quality level (AQL) is 6.5; (5) Inspection of the Certificates of

Compliance from the contractor for each EFRCE lot prior to shipment which provides an affidavit(s) that all end items within the respective EFRCE lot comply with all requirements contained within MIL-PRF-EFRCE Purchase

Description (Attachment 01).

The contractor is reminded that the Government has flexibility, at its discretion, to test any attribute contained within

MIL-PRF-EFRCE (Attachment 01) as well as the right to loosen or tighten inspection requirements for lot acceptance testing in accordance with this Statement of Work (e.g. paragraphs 7.1 and 7.2), the Product Description document in Attachment 1 (e.g. MIL-PRF-EFRCE paragraph 4.4), and ANSI/ASQ Z1.4, American National

Standard, “Sampling Procedures and Tables For Inspection by Attributes” (Attachment 03). In addition, inspections of the textile roll by DCMA prior to end item “cut and sew” production may occur for purposes of quality assurance

(e.g. MIL-PRF-EFRCE paragraph 4.4.5.1 “Spectral Reflectance,” paragraph 4.4.5.2 “Color Matching,” etcetera).

7.3 Nonconformance of First Article and Lot Acceptance Testing: In the event that First Article Test (FAT) or Lot Acceptance Test (LAT) articles fail to meet requirements in MIL-PRF-ERCE (Attachment 01), the Quality

Assurance Letter of Instruction (QALI), and this Statement of Work, the Government will return the article(s) to the contractor, who shall submit plans for the corrective action or disposition to the Government approval. Follow-on

FAT or LAT tests shall not be initiated without Government Contracting Officer approval communicated through a formal letter. A Failure Analysis and Corrective Action Report (FACAR) shall be submitted regarding the respective failure associated with FAT or LAT. The FACAR shall contain root cause and corrective action for failure, and containment actions for all items subject to the same failure mode. Failures occuring during Government testing are also subject to ths requirement, with the timeline starting from the time the failed item is returned to the contractor.

Disposition will depend on the nature of the failures and the discussion contained in the FACAR. The Government will determine the nature and extent of further testing based on the information contained in and discussion on the

FACAR. All FACARs will become a part of the FRACAS database referenced in SOW paragraph 3.2.2.4. FACAR

Data-Item-Description is referenced in the following:

DI-SESS-81315B, Failure Analysis and Corrective Action Report (Nonconformance of Test Article) –

CDRL A009

8 DELIVERY

8.1 Delivery Status Tracking Spreadsheet. The Contractor shall provide a delivery status tracking spreadsheet

(excel format) that is updated and emailed with each delivery shipment. This cumulative document shall include current information on items shipped, quantity (by size), shipment date, shipment number, invoice number, delivery destination, delivery date, tracking information, and name and contact information of the individual that signed for the shipment at destination. The spreadsheet shall be emailed to the personnel contained in the corresponding CDRL, after delivery of each shipment.

Delivery Status Tracking Spreadsheet – CDRL A010

8.2 For Planning Purposes - Initial Delivery Orders After Contract Award. At the initiation of this contract, it is anticipated that the contractor will receive a base contract and delivery order 0001 for the minimum quantity of

100 EFRCE sets in order to fulfill First Article Testing verification requirements (refer to SOW paragraph 5 and clause 52.209-4 Alt I). In addition, it is anticipated that the contractor shall simultaneously receive a second delivery order for 70,000 EFRCE sets (see Size Tariff, Attachment 06). However, if the contractor fails First Article Testing, the Government reserves the right to terminate delivery order 0002 at “no cost,” as supported by contract clause

52.209-4 Alt I. Further, for additional delivery information, refer to Section F of this contract.

9 WARRANTY. The Contractor warrants that the EFRCE’s are free from failures due to manufacturing defects, to include but not limited to workmanship, materials, or design failures, and compliance with the performance specifications in the MIL-PRF-EFRCE Purchase Description (Attachment 01) for 12 months from date of Government acceptance of a respective EFRCE lot.

10 INCORPORATION OF REPRESENTATION AND CERTIFICATION BY REFERENCE.

All representations and certifications and other written statements made by the contractor, whether in response to the solicitation for this contract or at the request of the contracting officer, incident to the award of the contract or any subsequent modification of this contract, are hereby incorporated by reference with the same force and effect as if they were given in full text.

11 CONTRACT CHANGES. No order, statement, or conduct of Government personnel who might visit the Contractor's facility or in any other manner communicated with Contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract. No understanding or agreement, contract modification, change order, or other matter deviating from or constituting an alteration or change of the terms of the contract shall be effective or binding upon the Government unless formalized by contractual documents executed by the Contracting Officer or his or her designated representative. The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding provisions contained elsewhere in the contract, the said authority remains solely with the Contracting Officer. In the event that the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority at the Contractor's expense, and no adjustment shall be made in the contract price or other contract terms and conditions as consideration for the aforementioned unauthorized change.

Further, should the unauthorized change be to the Government's detriment, the contractor may be held financially responsible for its correction.

12 GOVERNMENT FURNISHED PROPERTY (GFP) / GOVERNMENT FURNISHED

INFORMATION (GFI).

12.1 GFP/GFI. As part of the (Government Furnished Information (GFI)- EFRCE Specification and/or

EFRCE Patterns distribution process, the contractor's accessing of any of the GFI-Specification and/or Patterns is a confirmation of the contractor's agreement to the following: “The contractor, to include its subcontractors and suppliers, agrees that it shall not, without the express written permission of the Government, use, modify, reproduce, release, perform, or display any of the GFI-Specification and/or Patterns for any commercial purpose or disclose any of the GFI-Specification and/or Patterns to a person other than its subcontractors, suppliers, or prospective subcontractors or suppliers, who require any of the GFI- Specification and/or Patterns to submit offers for, or perform, contracts under this effort.”

12.2 Intellectual Property. The United States Marine Corps owns the patent rights in and to the design

(ornamental) and the functional features of the MARPAT

TM

. Furthermore, the United States Marine Corps owns trademark rights in the MARPAT

TM

. Still further, the patterns including, but not limited to, the MARPAT

TM

, and each item including, but not limited to, the documents, materials and information, and all associated intellectual property, created, generated or produced in association with this effort are the sole property of the U.S. Government and not the contractor. Therefore, without the prior written permission of the contracting officer neither the

MARPAT nor any other data, documents, materials and/or information created or provided expressly for the contract shall be used by the contractor (to include its subcontractors and suppliers) for any purpose other than those purposes that are in support of, or for its performance under, the contract.

12.3 Other uses of the USMC Trademarks. In the event that an contractor is interested in seeking permission to use the MARPAT

TM

for other purposes, or is seeking to use other Marine Corps trademarks/service marks not described herein, please contact the Marine Corps Trademark Licensing Office through its website at:

http://www.marines.mil/unit/divpa/tmlo/pages/welcome.aspx

12.4 MARPAT Fabric Patterns. The MIL-PRF-EFRCE Purchase Description (Attachment 01) refers to

MARPAT fabric patterns. MARPAT designs are patented and may not be reproduced for commercial purposes without the permission of the USMC.

http://www.marines.mil/unit/divpa/tmlo/pages/welcome.aspx

Section D - Packaging and Marking

PACKAGING & MARKING

PACKAGING

Packaging of items procured must be in accordance with the contractor’s best commercial practices in compliance with MIL-STD-129P. Shipments must be packaged, packed, palletized and marked in compliance with ASTM-

D3951. Shipments that are not in compliance with MIL-STD-129P will be returned to the contractor.