16R1103_RFP.pdf

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until 02:00 PM local time 18 Apr 2016

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H 60 - 64 peggy.l.smith1@usmc.mil

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)

1 64

(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 2 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 for details conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME (NO COLLECT

CALLS)PEGGY SMITH (703) 432-3717

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 9

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

10 - 15

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

17 - 20

21 - 22 X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 23 - 26 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror)

X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

27 - 38

PART II - CONTRACT CLAUSES

MARCORSYSCOM CESS

2202 LESTER STREET

QUANTICO VA 22134

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

18 Mar 2016

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

M67854-16-R-1103

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 100 Each First Article Test Units

FFP

IWCS Woodland MARPAT in accordance with the Statement of Work and IWCS

Purchase Description (Attachment 01).

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0002 35,000 Each IWCS Woodland or Desert MARPAT

FFP

IWCS Woodland or Desert MARPAT in accordance with the Statement of Work and IWCS Purchase Description (Attachment 01). Ordering Period 1.

MAX

UNIT UNIT PRICE MAX AMOUNT

0003 1,500 Each IWCS Navy NWU II

FFP

IWCS Navy NWU II in accordance with the Statement of Work and IWCS

Purchase Description (Attachment 01). Ordering Period 1.

UNIT UNIT PRICE MAX AMOUNT

0004 500 Each IWCS Navy NWU III

FFP

IWCS Navy NWU III in accordance with the Statement of Work and IWCS

Purchase Description (Attachment 01). Ordering Period 1.

UNIT UNIT PRICE MAX AMOUNT

0005 5,000 Each IWCS Woodland or Desert MARPAT

FFP

IWCS Woodland or Desert MARPAT in accordance with the Statement of Work and IWCS Purchase Description (Attachment 01). Ordering Period 2.

UNIT UNIT PRICE MAX AMOUNT

0006 1,500 Each IWCS Navy NWU II

FFP

IWCS Navy NWU II in accordance with the Statement of Work and IWCS

Purchase Description (Attachment 01). Ordering Period 2.

UNIT UNIT PRICE MAX AMOUNT

0007 500 Each IWCS Navy NWU III

FFP

IWCS Navy NWU III in accordance with the Statement of Work and IWCS

Purchase Description (Attachment 01). Ordering Period 2.

UNIT UNIT PRICE MAX AMOUNT

0008 5,000 Each IWCS Woodland or Desert MARPAT

FFP

IWCS Woodland or Desert MARPAT in accordance with the Statement of Work and IWCS Purchase Description (Attachment 01). Ordering Period 3.

UNIT UNIT PRICE MAX AMOUNT

0009 1,500 Each IWCS Navy NWU II

FFP

IWCS Navy NWU II in accordance with the Statement of Work and IWCS

Purchase Description (Attachment 01). Ordering Period 3.

UNIT UNIT PRICE MAX AMOUNT

0010 500 Each IWCS Navy NWU III

FFP

IWCS Navy NWU III in accordance with the Statement of Work and IWCS

Purchase Description (Attachment 01). Ordering Period 3.

UNIT UNIT PRICE MAX AMOUNT

0011 5,000 Each IWCS Woodland or Desert MARPAT

FFP

IWCS Woodland or Desert MARPAT in accordance with the Statement of Work and IWCS Purchase Description (Attachment 01). Ordering Period 4.

UNIT UNIT PRICE MAX AMOUNT

0012 1,500 Each IWCS Navy NWU II

FFP

IWCS Navy NWU II in accordance with the Statement of Work and IWCS

Purchase Description (Attachment 01). Ordering Period 4.

UNIT UNIT PRICE MAX AMOUNT

0013 500 Each IWCS Navy NWU III

FFP

IWCS Navy NWU III in accordance with the Statement of Work and IWCS

Purchase Description (Attachment 01). Ordering Period 4.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 Lot

CDRL

FFP

In accordance with the Statement of Work and Contract Data Requirements List

(Attachment 02). Ordering Periods 1 through 4.

ADDITIONAL INFORMATION

B.1 BERRY AMENDMENT COMPLIANCE. The Defense Appropriations and Authorizations Acts and other

Statutes (including what is commonly referred to as the “Berry Amendment”) impose restrictions on the Department of Defense’s (DOD) acquisition of foreign products and services.

Title 10 USC § 2533a and DFARS 252.225-7012 require a preference for certain domestic commodities. 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 Inclement Weather Combat Shirts (IWCS) First

Article Test (FAT) units:

a. Contract Minimum for all CLINs combined (excluding FAT CLIN with fixed quantity of 100) is 10,000

IWCS.

b. Contract Maximum for all CLINs combined (excluding FAT CLIN with fixed quantity of 100) is 58,000

IWCS.

Of note, CLIN 0014 is for Contract Data List Requirements information and is “not separately priced.”

B.3 SCHEDULE FOR ORDERING PERIODS 1 THROUGH 4:

Ordering Period 1: Months 1 through 12 from date of contract award;

Ordering Period 2: Months 13 through 24 from date of contract award;

Ordering Period 3: Months 25 through 36 from date of contract award; and, Ordering Period 4: Months 37 through 48 from date of contract award.

B.4 PRICING INSTRUCTIONS. Follow the below instructions for particular CLIN pricing. Offerors are advised that pricing for all CLINs shall be effective for their respective twelve month ordering period.

a. FAT IWCS (CLIN 0001): Fill-in unit price.

b. Production IWCS (CLIN 0002 -0013): Fill-in unit price. Step-ladder pricing is NOT authorized.

c. CLIN 0014 is for Contract Data List Requirements information and is “not separately priced.”

Section C - Descriptions and Specifications

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-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 mailto:Louis.curcio@usmc.mil

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).

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.

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

Section D - Packaging and Marking

D.1 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 at the contractor’s expense. The contractor shall then implement an expedited replacement order to fulfill the requirement also at the contractor’s expense.

D.2 MARKING INSTRUCTIONS. All shipping containers shall be marked with durable, legible print that includes quantities, lot numbers, weight, cube dimensions, the contract number, delivery order number, and the

Contractor’s name and address. All marking and packaging will be in accordance with current versions of MIL STD

129 and MIL STD 130.

Section E - Inspection and Acceptance

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 Origin Government Origin 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 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-1 Contractor Inspection Requirements APR 1984

52.246-16 Responsibility For Supplies APR 1984

252.246-7000 Material Inspection And Receiving Report MAR 2008

CLAUSES INCORPORATED BY FULL TEXT

52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the

Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the

Contractor's or subcontractor's premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting

Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place,promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time (i) when Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract and (ii) when the supplies will be ready for Government inspection.

(2) The Government's request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the

Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer;

provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting

Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting

Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the

Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the

Contractor the cost occasioned the Government thereby.

(End of clause)

52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)

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

ISO 9001:2008

[Contracting Officer insert the title, number, date, and tailoring (if any) of the higher-level quality standards.]

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph

(a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in--

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

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

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

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

52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984)

(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source.

In no case shall the Government's right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of

Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

(b) The Contractor's signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration (Block 10 of the

DD Form 250) is performed by the Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's expense.

(d) The certificate shall read as follows:

"I certify that on ______ [insert date], the ____ [insert Contractor's name] furnished the supplies or services called for by Contract No._____ via ____ [Carrier] on ________[identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document."

Date of Execution: _______________________________

Signature: ______________________________________

Title: __________________________________________

Section F - Deliveries or Performance

52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

(b) The permissible variation shall be limited to:

0 Percent increase

0 Percent decrease

This increase or decrease shall apply to CLINs 0002-0013 .

52.211-17 Delivery of Excess Quantities SEP 1989

52.242-15 Stop-Work Order AUG 1989

52.242-17 Government Delay Of Work APR 1984

52.247-34 F.O.B. Destination NOV 1991

52.247-48 F.O.B. DESTINATION - EVIDENCE OF SHIPMENT. (FEB 1999)

(a) If this contract is awarded on a free on board (f.o.b.) destination basis, the Contractor--

(1) Shall not submit an invoice for payment until the supplies covered by the invoice have been shipped to the destination; and

(2) Shall retain, and make available to the Government for review as necessary, the following evidence of shipment documentation for a period of 3 years after final payment under the contract:

(i) If transportation is accomplished by common carrier, a signed copy of the commercial bill of lading for the supplies covered by the Contractor's invoice, indicating the carrier's intent to ship the supplies to the destination specified in the contract.

(ii) If transportation is accomplished by parcel post, a copy of the certificate of mailing.

(iii) If transportation is accomplished by other than common carrier or parcel post, a copy of the delivery document showing receipt at the destination specified in the contract.

(b) The Contractor is not required to submit evidence of shipment documentation with its invoice.

F.1 Per Section E – Inspection and Acceptance, the Contractor is advised that upon Government inspection and acceptance at “Origin” of an IWCS lot, the Contractor is responsible to ship this respective lot to the shipping addresses in Section F at no additional cost to the Government. Please refer to clauses 52.247-34 “F.O.B.

Destination” and 52.247-48 “F.O.B. Destination – Evidence of Shipment” for additional information.

F.2 CLIN 0001, FAT units shall be delivered to the specified location in Section F by the Government. Intention of

Government is for MARCORSYSCOM personnel and DCMA personnel to jointly inspect FAT articles at the contractor’s production facility upon completion and submission of FAT articles in accordance with the Statement of Work, Section 4. Per the Statement of Work ,Section 4, the Contractor will deliver FAT articles for Government personnel inspection no later than 60 days after contract award.

F.3 For CLIN 0014, Contract Data Requirements List information deliverables (Section J), please refer to

Attachment 02 of this contract for delivery location email addresses.

F.4 For CLINs 0002 through 0013 production lot deliveries, the Contractor shall be required to deliver up to 35,000

IWCS; 1,500 IWCS Navy NWU II; and, 500 IWCS Navy NWU III within a 12-month period from award date of a respective delivery order associated with this contract. Coupled with this annual delivery rate requirement, the

Contractor shall propose a monthly delivery schedule for each respective delivery order executed in support of this contract. In addition to complying with the annual delivery rate specified, this monthly delivery schedule must be proposed and accepted by the Government prior to executing delivery orders in support of this contract.

F.5 Anticipated Tariff for Delivery Order 0001:

CLIN 0002 IWCS Woodland National Stock Number Quantity

Small Regular 8415-01-581-1037 2,000

Medium Regular 8415-01-581-1168 3,500

Medium Long 8415-01-581-1194 1,700

Large Regular 8415-01-581-1201 1,500

Large Long 8415-01-581-1207 600

X-Large Regular 8415-01-581-1223 400

X-Large Long 8415-01-581-1279 300

CLIN 0004 IWCS Navy NWUII National Stock Number Quantity

Small Regular 8415-01-621-9849 90

Medium Regular 8415-01-621-9838 525

Medium Long 8415-01-630-0594 225

Large Regular 8415-01-630-0593 300

Large Long 8415-01-630-0591 165

X-Large Regular 8415-01-621-9847 150

X-Large Long 8415-01-621-9842 45

CLIN 0005 IWCS Navy NWUIII National Stock Number Quantity

Small Regular 8415-01-607-2212 30

Medium Regular 8415-01-607-2214 175

Medium Long 8415-01-607-2216 75

Large Regular 8415-01-607-2217 100

Large Long 8415-01-607-2218 55

X-Large Regular 8415-01-607-2220 50

X-Large Long 8415-01-607-2233 15

F.6 Tariff for future delivery orders will be provided at time of delivery order issuance.

Section G - Contract Administration Data

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(JUNE 2012)

(a) Definitions. As used in this clause–

(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal

Acquisition Regulation.

(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting

Officer.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the

Contractor under this contract.

(4) Receiving report means the data required by the clause at 252.246-7000, Material Inspection and Receiving

Report.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when–

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the

Contracting Officer's determination with each request for payment;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and

Billing System);

(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or

(4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in

Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

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

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area

WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step…