16R1103_Amendment_0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this modification is to: (1) Update the Statement of Work and CDRL attachment to include Status Report submissions; (2) Provide a revised Purchase Description to correct Table VI (updated information is highlighted for convenience); and (3) provide responses to industry questions. Please see page 2 for details.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 7

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 11-Apr-2016

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X M67854-16-R-1103

X 9B. DATED (SEE ITEM 11)

18-Mar-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

11-Apr-2016

CODE

MARCORSYSCOM CESS

2202 LESTER STREET

QUANTICO VA 22134

M67854 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

M67854-16-R-1103

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

STATEMENT OF WORK

C.1 SCOPE. Marine Corps Systems Command (MARCORSYSCOM), Product Manager, Infantry Combat

Equipment (PdM ICE), requires a Berry Amendment compliant, Inclement Weather Combat Shirt (IWCS). The shirt shall provide flame resistance (FR) and inclement weather protection during field and combat operations. For the torso area and sleeves, the shirt shall use a FR material printed in Desert MARPAT

TM

, Woodland MARPAT

TM

Navy Working Uniform (NWU) Type II or NWU Type III. The Contractor shall furnish its own services, personnel, facilities, equipment, and materials to produce and deliver the IWCS in accordance with the IWCS Product

Description (PD) (Attachment 01) and the delivery schedule under Section F. The Contractor shall further accomplish any additional requirements set forth in this Statement of Work (SOW).

C.1.1 Background. The United States Marine Corps (USMC) requires the IWCS, 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 PdM ICE, MARCORSYSCOM. The

IWCS increases the survivability and mobility of the individual thus increasing the Marine's lethality in combat.

C.2 APPLICABLE DOCUMENTS. The following documents form a part of this SOW to the extent specified herein. All parties shall use the most recent revision of the referenced document at the time of contracting unless specified otherwise. 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. While the Government has made every effort to ensure the below lists are complete, the SOW may reference documents not included below. Contractors shall meet all specified requirements cited in this SOW regardless whether an applicable document appears below.

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

MIL-PRF-IWCS, Purchase Description for Inclement Weather Combat Shirt

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

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

C.2.2 Other Government Documents, Drawings, and Publications.

DI-ADMN-81249A, Conference Agenda

DI-ADMN-81250A, Conference Minutes

DI-MGMT-80368A, Status Report

DI-MISC-81397C, Hazardous Materials Management Program Report

DI-NDTI-80809B Notice 1, Test/Inspection Report

DI-SESS-80639D, Engineering Change Proposal

DI-SESS-80640D, Request for Variance

DI-SESS-80642D, Notice of Revision

DI-SESS-80255A, Failure Summary and Analysis Report

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

DI-SESS-81732, Request for Waiver

C.2.3 Non-Government Documents.

ASTM-D-3951, Standard Practice for Commercial Packaging

C.3 REQUIREMENTS.

C.3.1 General. The Contractor shall perform work required by this contract in accordance with IWCS PD

(Attachment 01) and this SOW.

C.3.2 Detail Tasks.

C.3.2.1 Program, Subcontractor, and Data Management.

C.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, who shall be responsible for coordinating 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 the Contracting Officer's authorized representatives. This individual shall coordinate all meetings between the Government and Contractor; shall immediately bring any conflicts in the Contractor's interpretation of the contract requirements to the Contracting

Officer's attention (first by telephone verbal notification, to be followed by written notification); and shall bring to the Contracting Officer's attention any problems that could adversely affect the Contractor's ability to meet the contract quality, cost, production schedule, delivery schedule, or other performance requirements.

C.3.2.1.2 Subcontractor Management. The Contractor is responsible for performing requirements delineated in this

SOW and shall institute appropriate management actions for subcontractor performance. Contractually specified requirements shall apply to subcontractor performance; however, the Contractor shall be accountable for subcontractor compliance and is ultimately responsible for ensuring all deliverable products comply with the contract requirements.

C.3.2.1.3 Data Management. The Contractor shall establish a single, centralized system for managing all data required in support of this contract. The Government reserves the right to review all data associated with the IWCS.

C.3.2.2 Meetings, Formal Reviews, Conferences, and Audits.

C.3.2.2.1 Post Award Conference. The Contractor shall host a Post Award Conference (PAC) at its facility no later than 30 days after contract award. The PAC is for the Contractor to demonstrate its production, quality control, and management procedures for producing the IWCS. The PAC also provides the Government an opportunity to discuss any specialty areas pertinent at that time. The Contractor shall ensure its key operations and management personnel attend the PAC. The Contractor shall provide a meeting agenda before the conference starts and provide meeting minutes for Government approval no later than ten calendar days after the conference ends.

DI-ADMN-81249A, Conference Agenda - CDRL A001

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

C.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 for Government approval within 10 calendar days after IPR completion.

DI-ADMN-81249A, Conference Agenda - CDRL A001

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

C.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 the product conforms to the contractual requirements. 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.3.2.2.4 Failure Reporting, Analysis, and Corrective Action System (FRACAS). The Contractor shall implement a FRACAS. The FRACAS shall include uniform failure reporting, failure analysis reports, and corrective actions.

In the event the Government returns a failed item subject to a Product Quality Deficiency Report (PQDR), the

Contractor shall integrate PQDR traceability into the FRACAS. The Contractor shall execute a single FRACAS database to encompass in-factory (conformance inspection) and in-field (post-delivery) failure reporting, which the

Contractor shall transfer to the Government upon conclusion of the delivery order’s period of performance. The

Contractor shall report all failures, critical and non-critical, quarterly to the Government for review, or at any time upon Government request. The Contractor shall categorize all failures as in-factory or in-field failures. The

Contractor shall assess the failure data to identify trends (i.e., five 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 any Contractor remedial action, including parts replaced for each instance during the period covered.

DI-SESS-80255A, Failure Summary and Analysis Report – CDRL A003

C.4 TEST AND EVALUATION.

C.4.1 FAT. The Government will conduct FAT in accordance with Federal Acquisition Regulation clause 52.209-4

Alt1 First Article Approval – Government Testing.

C.4.2 FAT Requirements.

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

(b) The Government’s FAT may include verification of any or all of the requirements specified in the IWCS

PD.

(c) FAT approval remains in effect and production may continue per the provisions in FAR 52.209-4 Alt I and the FAT approval letter.

C.5 CONFIGURATION MANAGEMENT.

C.5.1 FAT. The Contractor shall produce all quantities it submits after the FAT using the same raw material suppliers, materials, processes, procedures, equipment, and facilities that resulted in the acceptable FAT items, to include all raw materials and sub-components. A Contractor desiring to make changes to approved FAT items, to include raw material supplier and production processes, must request in writing and receive approval from the

Contracting Officer PRIOR to use. The Contracting Officer, along with the project office, will approve or disapprove the request and determine if a new FAT is required.

C.5.2 Variance and Waivers. The Contractor shall not deviate from the Configuration Management (CM) process controlling the material used in the IWCS PD (Attachment 01). The Contractor shall furnish Certificates of

Conformance (CoC) for associated raw materials with each lot it submits to the Government. The Contractor shall notify the Government of any deviations from the requirements of the IWCS PD prior to acceptance. For each variance or waiver, the Contractor shall submit a Request for Variance or Request for Waiver. The Government reserves the right to accept or reject all requests.

DI-SESS-80640D, Request for Variance- CDRL A004

DI-SESS-81732, Request for Waiver – CDRL A005

C.5.3 CoC. Upon request, the Contractor shall provide all CoC’s associated with FAT and production items.. At any time as a condition of acceptance, the Government reserves the right to conduct varied or additional QA as well as verification tests against any or all requirements of the contract and its specifications. Testing may occur at either a Government or commercial test facility at the Government’s discretion. The Contracting Officer must approve any change in CoC’s or variance in writing.

C.5.4 Baseline Management. Upon FAT approval, the Contractor shall freeze the IWCS configuration. The

Contractor shall maintain the baseline’s currency and accuracy to ensure the IWCS’s form, fit, and function.

C.5.5 Engineering Change Proposals (ECP). To ensure the Government consistently receives either (1) the same

IWCS production units as those evaluated during source selection and confirmed in the FAT approval process or (2) improved versions acceptable to the Government meeting the same or better performance attributes than those upon which the Government based its initial award , the Contractor agrees to notify the Government regarding any pending changes to products deliverable under the contract. For each change, the Contractors shall submit for

Government review an ECP per DI-CMAN-80369C accompanied by a Notice of Revision (NOR) per DI-CMAN-

80642D. The Government reserves the right to accept the changes, continue to receive previously approved versions, or 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-80642D, Notice Of Revision (NOR) – CDRL A007

C.6 PRODUCTION LOT QUALITY ACCEPTANCE TESTING.

C.6.1 Contractor Test Report. The Contractor shall submit a completed test/inspection report to Defense Contract

Management Agency (DCMA) using the test procedures in C.6.2 prior to Government inspection.

DI-NDTI-80809B, Notice 1, Test/Inspection Report – CDRL A008

C.6.2 Testing. Items that the Contractor produces are subject to the requirements contained in this SOW. During production, the DCMA Quality Assurance Representative (QAR) will randomly inspect samples to evaluate acceptability of the finished garments before acceptance and validate the Contractor’s quality assurance plan on a production rate basis. The Contractor shall conduct quality-acceptance tests on all lots per the End Item Finished

Dimensions and End Item Visual Examination tables in the IWCS PD (Attachment 01), and satisfactory results are necessary for the Government to accept any lot. The Contractor shall determine lot size for the purposes of acceptance testing. The Government will require only random sampling in accordance with ANSI/ASQCZ1.4

(sampling procedures and tables for inspection by attribute). The sample unit shall be 100 IWCSs, the inspection level shall be “II,” and the acceptable quality level (AQL) is 4.0. During the course of production, the Government reserves the right to conduct additional tests to verify production items continue to meet the desired material performance characteristics. The Contractor shall ship lots only after receiving acceptance notification from the

DCMA QAR.

C.6.3 Quality Acceptance. The Government will accept end items on site in accordance with the Quality Letter of

Instruction, which the Government will provide after contract award. The Contractor shall only deliver IWCSs that underwent the same production methods as the acceptable FAT samples. The Contractor shall assign lot numbers to each lot it produces and shall track each lot number back to raw materials.

C.6.4 Nonconformance of First Article and Lot Acceptance Test (LAT). In the event the FAT or LAT articles fail to meet requirements as described in the IWCS PD, the Contractor shall submit plans for corrective action to the

Government for approval. The Failure Analysis and Corrective Action Report (FACAR) shall contain failure’s root cause, corrective action for the failure, and containment actions for all items subject to the same failure mode. The

Government reserves the right to stop inspecting and accepting production lots until the Contracting Officer approves the FACAR in writing. Disposition will depend on the nature of the failures and the discussion in the

FACAR.

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

CDRL A009

C.7 DELIVERY STATUS. The Contractor shall email an updated delivery status tracking spreadsheet (excel format) with each delivery shipment. This cumulative document shall include current information on items shipped, lot number, quantity (by size when applicable), shipment date, shipment number, invoice number, delivery destination, delivery date, tracking information, as well as name and contact information of the individual who signed for the shipment at destination. The Contractor shall email this spreadsheet to the Project Officer (Louis

Curcio, Louis.curcio@usmc.mil) and the Contract Specialist/Contracting Officer (Peggy Smith, peggy.l.smith1@usmc.mil) each time a shipment leaves the Contractor’s facility.

Delivery Status Tracking Spreadsheet – CDRL A010

C.8 ENVIRONMENTAL, SAFETY AND OCCUPATIONAL HEALTH. The IWCS shall pose no danger to users operating within the operational bounds of the equipment and using the IWCS as designed. The Contractor shall eliminate or control to acceptable levels any safety and health hazards associated with the operating, transporting, maintaining, storing, and disposing the IWCS.

C.8.1 System Safety and Environmental Information. (This section only applies if the Contractor is proposing an

“or equal” material.) The Contractor shall provide information on the potential for any adverse environmental impacts from manufacturing, operating, maintaining, and disposing the IWCS. 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 material, and propose protective measures to reduce the associated risk to a level acceptable by the Government.

System Safety and Environmental Information Report – CDRL A011

C.8.2 Hazardous Materials Management Program and Pollution Prevention. (This section is only applicable if the

Contractor is proposing an “or equal” material containing hazardous material). The Contractor shall implement a

Hazardous Materials Management Program (HMMP) and Pollution Prevention (P2) program in accordance with

NAS 411 if the IWCS, 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 (if any) in the IWCS system, system components, or support items.

DI-MISC-81397C, Hazardous Materials Management Program Report – CDRL A012

C.9 WARRANTY. The IWCS shall be free from failures due to manufacturing defects, to include but not limited to workmanship, materials, or design failures, and compliance with the IWCS PD (Attachment 01) for 12 months from date of receipt. If an IWCS covered by this warranty fails due to a manufacturing defect, the contractor will repair or replace the IWCS to specification compliance within 90 days and without charge to the Government.

C.10 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 the Contracting Officer formally memorializes them in contractual documents. 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 without proper authorization and at the Contractor's expense, and the Government will make no adjustment to the contract price or other contract terms and conditions as consideration for the unauthorized change. Further, the Contractor may be held financially responsible for corrections if the unauthorized change is detrimental to the Government.

C.11 GOVERNMENT FURNISHED INFORMATION (GFI).

mailto:Louis.curcio@usmc.mil

C.11.1 GFI. As part of the GFI (IWCS PD) distribution process, for each instance in which the Contractor accesses any GFI, the Contractor agrees that it shall not, without the express written permission of the Government, use, modify, reproduce, release, perform, or display any GFI for any commercial purpose or disclose any GFI to a person other than its subcontractors, suppliers, or prospective subcontractors or suppliers, who require the GFI to submit offers for or perform contracts under this effort. Prior to disclosing any GFI, the offeror shall require the persons to whom it will disclose GFI to provide the Government with its agreement to the terms of this paragraph.

C.11.2 Intellectual Property. The USMC owns the patent rights to the design (ornamental) and the functional features of the MARPAT

TM

. Furthermore, the USMC owns trademark rights to the MARPAT

TM

. 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; that the Contractor may generate or produce in association with this effort, are the Government’s sole property and not the Contractor’s property. Therefore, without the

Contracting Officer’s prior written permission, the Contractor may not use the MARPAT

TM

or any other data, documents, materials, or information that the Contractor may create or provide expressly for the contract for any purpose other than those supporting the contract.

C.11.3 Other uses of the USMC Trademarks. In the event that an offeror is interested in seeking permission to use the MARPAT

TM

for other purposes or is seeking to use other USMC trademarks/service marks not described herein, the Contractor shall first notify the Contracting Officer before contacting the Marine Corps Trademark Licensing

Office through its website at: http://www.marines.mil/unit/divpa/tmlo/pages/welcome.aspx

C.11.4 MARPAT

TM

Fabric Patterns. The IWCS PD refers to MARPAT

TM

fabric patterns. The Government has patented the MARPAT

TM

designs, and no individual, organization, or entity may reproduce the MARPAT

TM

for commercial purposes without the USMC’s permission.

C.12 Status Reports. The Contractor shall provide a monthly contract status report. The first report is not sue until

30 days after the Contractor receives FAT approval and the Government has authorized production. The Contractor shall submitted the Status Report monthly during the life of the contract.

DI-MGMT-80368A, Status Report – A013

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

The following have been modified:

ATTACHMENTS

Attachment # Nomenclature

Attachment 01 Purchase Description IWCS (April 2016)

Attachment 02 Contract Data Requirements List

Attachment 03 Patterns IWCS

Attachment 04 Past Performance Questionnaire

Attachment 05 Past Performance Participant Summary

(End of Summary of Changes) http://www.marines.mil/unit/divpa/tmlo/pages/welcome.aspx