190603_19R1566_Final_RFP.pdf

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until local time

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X C X D

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F 52 - 56

57 - 64

H 65 - 70

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)

D0-C9 1 70

(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 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 - 9

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

10 - 18

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

20 - 21

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 23 - 27 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

28 - 49

PART II - CO NTRACT CLAUSES

MARCORSYSCOM

2200 LESTER STREET

QUANTICO VA 22134

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

50 - 51

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

24 May 2019

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

M6785419R1566

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot FAT, Ballistic Material

FFP

First Article Test (FAT) Materials include:

- 104 15"×15" panels of the proposed ballistic package

- 8 15”x15” unsewn/unfinished panels of the proposed ballistic package

- 16 Finished Base Vest Inserts: 2 XS-S, 2 XS, 2 SM-S, 2 SM, 2 SM-L, 2 MD, 2

LG, 2 XLG

- 4 Finished Side Plate Pocket Inserts: 2 6x6, 2 6x8

- 6 Cummerbund Inserts: 2 SM, 2 MD, 2 LG

FOB: Destination

PSC CD: 8470

NET AMT

0002 402 Each Base Vest Insert - XS

FFP

Ballistic Soft Armor Insert, Base Vest- X-Small

0003 4,582 Each Base Vest Insert - SS

FFP

Ballistic Soft Armor Insert, Base Vest-Small Short

0004 133,300 Each Base Vest Insert - S

FFP

Ballistic Soft Armor Insert, Base Vest-Small

0005 228,710 Each Base Vest Insert - M

FFP

Ballistic Soft Armor Insert, Base Vest-Medium

0006 62,864 Each Base Vest Insert - L

FFP

Ballistic Soft Armor Insert, Base Vest-Large

0007 60,462 Each Base Vest Insert - XL

FFP

Ballistic Soft Armor Insert, Base Vest-X-Large

0008 1,144 Each Base Vest Insert - XSS

FFP

Ballistic Soft Armor Insert, Base Vest-X Small-Short

0009 1,142 Each Base Vest Insert - S

FFP

Ballistic Soft Armor Insert, Base Vest-Small-Long

0010 3,185 Each Side Plate Pocket Insert - 6X6

FFP

Ballistic Soft Armor Insert, Side Plate Pocket - 6X6

0011 478,358 Each Side Plate Pocket Insert - 6X8

Ballistic Soft Armor Insert, Side Plate Pocket - 6X8

0012 1,754 Each Cummerbund Insert - S

FFP

Ballistic Insert, Soft Armor Cummerbund- Small

0013 4,946 Each Cummerbund Insert - M

FFP

Ballistic Insert, Soft Armor Cummerbund- Medium

0014 1,900 Each Cummerbund Insert - L

Ballistic Insert, Soft Armor Cummerbund- Large

0015 Lot CDRLs

FFP

Contract Data Requirements List- CDRL

CONTRACT LIMITATIONS

CONTRACT LIMITATIONS

MINIMUM QUANTITY

The Minimum quantity shall be the quantity established on the first delivery order.

MAXIMUM QUANTITY

CLIN SUPPLIES/SERVICES SIZE UNIT MAX QUANTITY

(Total)

0001 FAT MATERIALS

LOT 1

0002 Base Vest Insert X-Small EA 492,606

0003 Base Vest Insert Small-Short EA

0004 Base Vest Insert Small EA

0005 Base Vest Insert Medium EA

0006 Base Vest Insert Large EA

0007 Base Vest Insert X-Large EA

0008 Base Vest Insert X-Small-Short EA

0009 Base Vest Insert Small-Long EA

0010 Side Plate Pocket Insert 6x6 EA 481,543

0011 Side Plate Pocket Insert 6x8 EA

0012 Cummerbund Insert Small EA 8,600

0013 Cummerbund Insert Medium EA

0014 Cummerbund Insert Large EA

0015 CDRLS (NSP) N/A LOT -

This effort establishes a maximum quantity for each item, not each size of each item. For example, the Maximum

Quantity for Base Vest Inserts is 492,606. Therefore, the sum of CLINs 0002 – 0009 shall not exceed 492,606.

ORDERING PERIODS

There is one 60-month ordering period for this effort.

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 are required to complete and submit the Berry

Amendment Self-Certification located in Section K of this solicitation.

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.

Section C - Descriptions and Specifications

STATEMENT OF WORK

1 SCOPE. This Statement of Work (SOW) sets forth the work required to fabricate, produce and prepare associated documentation, and deliver the Plate Carrier Generation III (PC Gen III) Soft Armor in accordance with the PC Gen III Soft Armor Performance Specification (PRF-19001A0004) and Lot Acceptance Test (LAT) Plan. The

Contractor is responsible for providing all specific material, services and necessary support documentation needed to complete the tasks identified in this SOW. The PC Gen III Soft Armor is a Critical Safety Item (CSI) and has a criticality designation of "A" in accordance with (IAW) Federal Acquisition Regulation (FAR) 42.1105

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.

2.1 Military Standards and Specifications - Mandatory Compliance.

PRF-19001A0004 Performance Specification for Soft Armor Plate Carrier System, Generation III

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

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

MIL-STD-882E Standard Practice for System Safety

MIL-STD-2073-1 DoD Standard Practice for Military Packaging

MIL-STD-31000A Technical Data Packages

2.2 Military Standards and Specifications - Guidance Only.

Not Applicable.

2.3 Federal Standard - Mandatory.

FED-STD-313 w/CN #1 Material Safety Data, Transportation Data and Disposal Data for Hazardous

Materials Furnished to Government Activities

2.4 Drawings/Patterns.

PC Gen III Patterns -17001A0029

2.5 Handbooks - Guidance Only.

MIL-HDBK-61 Configuration Management Guidance

2.6 Non-Government Documents.

ASTM D-3951 Standard Practice for Commercial Packaging

EIA-649 National Consensus Standard for Configuration Management

3 REQUIREMENTS. The Contractor shall perform all tasks delineated in this SOW including providing all materials, equipment, hard tooling, personnel, and facilities necessary to manufacture, fabricate, integrate, produce, and deliver First Article Test (FAT) items, production PC Gen IIIs soft armor, and data item deliverables as specified by the contract, Section J attachments, and individual delivery orders.

3.1 Program and Data Management.

3.1.1 Program Management. The Contractor shall designate a single individual to serve as the primary point of contact 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. The Contractor shall submit Progress, Status and

Management Reports.

Contractor’s Progress, Status and Management Report – CDRL A001

3.1.2 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.

3.1.3 Data Management. The Contractor shall establish a single, centralized system for management of all data required under this contract. The Government reserves the right to review all data associated with and developed for the PC Gen III soft armor and to require access of any such data.

3.2 Government Furnished Property/Government Furnished Information.

3.2.1 GFI. The Government will provide the (GFI) identified below to the Contractor:

PC Gen III Soft Armor Performance Specification and Pattern Package (Attachment 01)

The Contractor shall secure, store, and account for the GFI. The Contractor shall inspect and inventory all GFI and report any discrepancies and deficiencies as well as any associated costs (e.g., materials, labor, and tests) to repair the

GFI to like-new conditions.

3.3 Meetings, Formal Reviews, Conferences, and Audits.

3.3.1 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 PC Gen III soft armor. The Contractor shall ensure its key operations and management personnel attend the PAC. The Contractor shall provide a meeting agenda and meeting minutes for

Government approval.

Conference Agenda – CDRL A002

Conference Minutes – CDRL A003

3.3.2 Production Readiness Review. A production readiness review shall occur after FAT and prior to the start of full rate production. The review will include a review of quality management documents and processes, production lines and processes, sufficient supply, and other topics as necessary to determine the Contractor is ready to proceed into full rate production.

3.3.3 In-Process Reviews (IPRs). IPRs will occur no more than quarterly at dates and locations mutually agreed upon by the Government and the Contractor. The meetings generally occur only when the Contractor is under production to meet delivery orders under the contract. Topics such as complying with contract requirements, identifying and resolving problems, and assessing manufacturing performance, could be matters that necessitate face-to-face meetings. The Contractor shall deliver meeting agendas and meeting minutes for Government approval.

3.4 Environment, Safety, and Occupational Health.

3.4.1 System Safety. The Contractor shall evaluate any environmental, safety, and health hazards; and define associated risk levels. The Contractor shall also establish a program that reduces the probability and severity of all hazards associated with development, use, and disposal of the soft armor in accordance with MIL-STD-882E.

Residual risks will be evaluated by the Government in accordance with MIL-STD-882E and accepted as appropriate prior to exposing people, equipment, or the environment to known system related Environment, Safety, and

Occupational Health (ESOH) risks. The Contractor shall make available all ESOH documentation for the

Government’s review upon request.

3.4.1.1 Health Hazard Assessment. The Contractor shall perform, document, and deliver a Health Hazard

Assessment Report (HHAR) to identify health hazards, evaluate hazardous materials, and propose protective measures to reduce the associated risk.

(HHAR) – CDRL A004

3.4.2 Safety Data Sheets. The Contractor shall deliver all Safety Data Sheets (SDSs) to the Government for review.

A copy of the SDSs are required in accordance with FED-STD-313E.

SDS, Safety Data Sheets – CDRL A005

3.4.3 Environmental Considerations. The Contractor shall deliver information on the potential for any adverse environmental impacts from manufacturing, operating, maintaining, and disposing the PC Gen III soft armor. The

Government will use this information for a preliminary National Environmental Policy Act (NEPA) decision and to prepare formal NEPA documents, which include the Categorical Exclusion (CATEX), Environmental Assessment

(EA) and Environmental Impact Statement (EIS). 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.

Technical Report, Study/Services (Environmental Considerations) – CDRL A006

3.5 Configuration Management Process. The Contractor shall maintain a (CM) process for the control of raw material utilized in the soft armor that are approved by the Government in accordance with FAT requirements. The

Contractor shall furnish, with each lot submitted to the government, the associated raw material traceability matrix to include raw material supplier Certificates of Conformance (CoC) and lots of raw material used in each lot presented to the Government. The principles contained in MIL-HDBK-61 may be used for guidance. The Contractor’s CM process shall consist of configuration identification and configuration control of all raw materials utilized in the production of ballistic filler. The CM process shall interface with other acquisition requirements such as design review, quality assurance, and other program related disciplines shall be addressed.

3.5.1 CM Meetings and Audits.

3.5.1.1 Physical Configuration Audit. The Contractor and the Government shall perform a baseline PCA to verify the PC Gen III Soft Armor is accurate, complete, and compatible. The PCA shall also verify that soft armor inserts are in accordance with the specification. The Contractor shall consolidate the results of its audits on subcontractors for configuration management of the PC Gen III Soft Armor. The Government and the Contractor shall conduct the system-level PCA jointly, at the Contractor’s place of performance, prior to the construction of first articles and the

Government will chair the audit. The Contractor shall plan, organize, chair, and conduct audits on subcontractors, with the Government serving in a support capacity when necessary before submitting the baselined Configuration

Items (CI). The PCA shall verify that the patterns reflect the "as-built" configuration of all newly developed or modified portions of the system; confirm that accurate form, fit, function information is provided on control patterns for all CIs; and confirm the patterns accurately represent the "as-built" production configuration. The Contractor shall provide a proposed schedule for conducting the PCA and identification of the CIs to be audited at first article production. The Contractor shall participate and assist the Government in developing the PCA, using the guidelines contained in MIL-HDBK-61A, Section 8. The Contractor shall document the PCA results after each audit and correct all audit discrepancies documented in the configuration audit summary reports, which are data deliverables. In the event the Government finds any discrepancies, the Government reserves the right to request revisions until the

Contractor corrects all discrepancies and the Government approves the configuration audit summary report. The product baseline will be established upon completion of the PCA and the resolution of any audit discrepancies.

Configuration Audit Summary Report (Physical Configuration Audit) – CDRL A007

3.5.2.1 Configuration Control. The Contractor shall implement configuration control methods and procedures to maintain the integrity and traceability of an established baseline.

Contractor’s Configuration Management Plan – CDRL A008

3.5.2.1 Engineering Change Proposals (ECP). The Contractor shall submit Engineering Change Proposals as data deliverables. MIL-HDBK-61 provides guidance concerning the classification of ECPs. After the product baseline is established, all ECPs shall be submitted and processed in accordance with the PC Gen III CM Plan incorporated as

Attachment 03 to this contract. The Government will review each ECP upon receipt and notify the Contractor in writing of approval/disapproval. For Class I ECPs, approval of the ECP grants the Contractor the authority to proceed to testing only. Based on the test results obtained, the Government will decide whether or not to proceed with permanent implementation of the change. The Contractor will be notified of this decision via separate formal correspondence.

ECP – CDRL A009

3.5.2.1.1 ECP Required Data. If there are no costs to the Government associated with the change, the Contractor shall fill out DD Form 1692/1, Aug 96 Blocks 1-36 for Government review. If there are costs to the Government associated with the change, the Contractor shall fill out Block 51 columns a-e identifying the funding required for the engineering change. Block 51 column f will be reserved for the Government to estimate costs outside the contract (i.e. government lab testing, additional GFP, etc.). The Contractor shall submit ECPs, to include supporting documentation, to the

Government Contracting Officer as a Portable Document Format (PDF). Upon ECP approval, the Government will modify the contract to add the ECP as an attachment.

ECP – CDRL A009

3.5.2.1.2 ECP Cost Responsibility. The Contractor shall fund all ECP implementation up to its contractual responsibilities established in the Functional Baseline, Product Baselines, and this SOW. It is the Contractor’s responsibility to resource the manufacturing of test items and testing required for ECP approval at commercial testing facilities. Commercial testing facilities must meet the minimum criteria outlined in the LAT Plan, provided as Attachment 04 to this contract.

3.5.2.2 Requests for Variance (RFV). The Contractor shall process any RFV from approved configuration documentation. Authorized variances are a necessary temporary departure from the specified baseline requirements and do not constitute a change in the approved baseline. The Contractor shall minimize recurring variations. For permanent changes, the Contractor shall process an ECP. EIA-649 Configuration Management for DoD provides guidance concerning the classification and processing of RFVs.

3.5.2.2.1 RFV Required Data. The Contractor shall populate a DD Form 1694, Mar 2016 (EG), filling out Blocks 1-

25 for Government review. If there are costs to the Government associated with the variance, the Contractor shall specify the cost information as an attachment to the DD Form 1694. Block 19 will be reserved for the Government to estimate costs outside the contract (e.g., government lab testing, additional GFP, etc.). The Contractor shall deliver

RFVs, to include supporting documentation, to the Government Contracting Officer as a PDF. Upon RFV approval, the Government will modify the contract to add the RFV as an attachment.

RFV – CDRL A00A

3.5.2.2.2 RFV Cost Responsibility. The Contractor shall fund all RFV implementation up to its contractual responsibilities established in the Functional Baseline, Product Baselines, and this statement of work. The Contractor shall resource the manufacturing of test items and qualification testing (if required) at commercial testing facilities.

Commercial testing facilities must meet the minimum criteria outlined in the LAT Plan in Attachment 04 to this contract.

3.5.2.3 Notices of Revision. The Contractor shall generate and deliver NORs as well as any supporting documentation when technical documentation controlled by another Contractor or Government agency requires changes following approval of an ECP.

Notice of Revision (NOR) – CDRL A00B

3.6 Testing/Verification. The Government plans to conduct several stages of testing to ensure the PC Gen III

Soft Armor is able to meet the performance specification requirements, as follows:

3.6.1 FAT. The Government will conduct FAT in accordance with FAR 52.209-4, First Article Approval-

Government Testing (SEP 1989) to verify the soft armor meets all Government requirements in the PC GEN III Soft

Armor Performance Specification (Attachment 01). The contractor shall ensure that FAT manufacturing is distributed as uniformly as possible over the machinery and tooling it intends on using for lot production. The Contractor shall be responsible for costs associated with additional shootpacks that may be required for FAT beyond those shown in the PC Gen III Soft Armor Performance Specification and CLIN 0001. The Contracting Officer will notify the

Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. If FAT is approved, the Contractor will be authorized to proceed into production. The notice of conditional approval or disapproval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract.

All production quantities submitted after approval of the FAT shall be produced using the same raw material suppliers, materials, processes, procedures, equipment and facilities that resulted in the manufacture of the acceptable FAT items. This includes all raw materials and/or sub-components. Contractors desiring to make changes to approved FAT 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 FAT is required.

3.6.1.1 Conditional FAT Approval. If the Contracting Officer authorizes a Conditional FAT Approval, requirements that have been met with exceptions during FAT and any failures noted during FAT not relating to mandatory source items (e.g., workmanship issues on the soft armor, labeling issues) shall be corrected prior to the start of production. For failures noted relating specifically to mandatory source item quality issues, the Contractor shall submit waivers addressing those items and must receive approval of those waivers prior to beginning production. After receipt of a Conditional FAT Approval Letter detailing FAT findings, the Contractor shall deliver a Failure Analysis and Corrective Action Report (FACAR) which must be approved by the Government prior to the

Contractor beginning production. All costs related to any additional FAT testing that may be required shall be borne by the Contractor. After correction of all issues, the Contracting Officer will issue a final FAT Approval Letter authorizing the Contractor to proceed into production.

FACAR – CDRL A00C

3.6.1.2 FAT Disapproval. If the FAT is disapproved, the Contracting Officer will detail the findings in the FAT

Disapproval Letter. After receipt of a FAT Disapproval Letter, the Contractor shall deliver a FACAR addressing the findings which must be approved by the Government prior to the Contractor beginning production. All costs related to any additional FAT testing that may be required shall be borne by the Contractor.

Failure Analysis Corrective Action Report (FACAR) – CDRL A00C

3.6.1.3 FAT Methods. The Government will conduct FAT in accordance with FAR 52.209-4 First Article Approval

– Government Testing (SEP 1989) (clause is included in full text in Section I of this contract), the PC Gen III Soft

Armor Performance Specification. The Contractor shall submit in-process manufacturing certifications of compliance

(CoC).

CoC – CDRL A00D

3.6.2 Confirmation Testing. After approval of FAT, any changes below the product baseline may require a

Government approved confirmation test. Additionally, any proposed changes in equipment/tooling (hardware or software) replacement or modifications, equipment additions, and changes in equipment location will require

Government approved confirmation testing. The Government will determine if additional testing is required and what that additional testing will encompass based on the scope of the change. Contractors shall notify the Government in writing in advance of any planned changes.

3.6.3 Lot Acceptance Test (LAT). The Contractor shall implement the Government’s LAT procedures to demonstrate that its production processes and procedures suitably achieve the performance inherent in the design. The

PC Gen III Soft Armor shall demonstrate the system meets all requirements identified in the performance specification through LAT testing. LAT shall be conducted in accordance with the PC Gen III Soft Armor Performance

Specification and the LAT Plan provide as (Attachment 04) to this contract. The Contractor shall be responsible for costs associated with additional soft armor inserts and testing that may be required for LAT. Additional soft armor requirements will be determined in accordance with PC Gen III Soft Armor Performance Specification and the LAT

Plan. The Contractor, with Defense Contract Management Agency (DCMA) surveillance, shall conduct any non-destructive tests the Contractor elects to retain internally at its own facility. The Contractor shall be responsible for conducting the destructive portions of LAT at ATC or any of the National Institute of Justice (NIJ) certified independent commercial laboratories in accordance with the LAT Plan. During LAT, non-destructive testing on each lot shall be complete before submitting the lot for destructive testing. If a lot has met the required performance parameters for non-destructive testing as described in the PC Gen III Soft Armor Performance Specification and LAT

Plan, it will then be submitted for destructive testing. If the DCMA representative concurs with the Government’s technical recommendation for lot approval, the representative will then provide the Contractor with notification of acceptance of the lot and authorize release of shipment via the Wide Area Workflow (WAWF) documentation process.

Formal technical recommendation for approval and DCMA concurrence is required prior to shipment. The Contractor may be present during LAT. The finished soft armor insert shall conform to the quality of product established by the

PC GEN III Soft Armor Performance Specification. The Contractor shall immediately report to the Government any deviations in acceptable manufacturing procedures or material quality. Except as otherwise specified herein, repairs are not allowed to be made to the soft armor.

The Contractor shall provide the cognizant Government Quality Assurance Representative (QAR) with written notice of the time and place for each periodic LAT. This notice shall be provided at least four working days before each conformance inspection if the QAR is in residence at the Contractor’s facility or ten working days before each conformance inspection if the QAR is not in residence at the Contractor’s facility.

Test/Inspection Report – CDRL A00E

3.6.3.1 LAT Testing Methods. The Contractor shall conduct LAT in accordance with the PC Gen III Soft Armor

Performance Specification and the LAT Plan.

3.6.4 Nonconformance of First Article and LAT. At the Contractor’s expense, the Government will return any

FAT or LAT article failing to meet requirements as described in the Performance Specification or LAT Plan, to the

Contractor, who shall submit plans for the corrective action or disposition to the Government for approval. Disposition will depend on the nature of the failure and the discussion in the FACAR. The Contractor shall document results of the test and the retest in the test report and submit to the Government for review and approval. If the retest results in a failure, the Contractor shall notify the Government immediately and prepare a FACAR for submission to the

Government.

A sample form including the elements referenced above is included as Attachment 05 to this contract. Contractor format for the FACAR is acceptable; however, the Contractor shall also include a discussion of the following elements in the form to assure that all actions are completed and verified appropriately:

a. Problem Description – A detailed, specific description of the problem including how many items contain the problem as well as when, where, and how the problem discovered.

b. Containment Actions – Detailed explanation of the quantity of suspect products in the failed lot at the

Contractor’s facility including the method of quarantine, quarantine identification, method of certification against the problem and certification identification (e.g., if product is screened and bad product is removed, good product is re-packaged and the package has a green “certified” label adhered to it). Specify the quantity of products in transit, including method of notification to the recipient, a proposed method of certification against the problem (e.g., return authorization, Contractor to go on-site and rework or screen product), and a method of certification identification. Detail the quantity of suspect products in the

Customer’s possession, including the return authorization, details of quarantine, and certification upon receipt into the Contractor’s facility, or details of any arrangements made for quarantine and certification at the Customer’s facility.

c. Root Cause Analysis – An explanation of why the failure happened (the root cause) and an explanation of why the failure escaped detection prior to FAT or LAT.

d. Root Cause Verification – An explanation of what actions were taken to assure the true root cause of the failure was found (i.e. could not be something else). Explain in detail what actions were taken to assure the true root cause was found.

e. Corrective Actions / Verification of the Actions – Discuss each corrective action individually as it relates to the root cause. Also discuss how each corrective action relates to non-detection of the problem. For each problem identified by the Contractor, the Contractor shall list each individual action taken, the date of action implementation, and proof that the action taken eliminates the problem. Additionally, the Contractor shall describe what quality assurance procedures would have detected the problem, the date the Contractor will implement those actions in the future, and proof the action taken eliminates non-detection of the problem. Lastly, list if any mechanisms that will help an equipment operator to avoid mistakes (Poke

Yokes) were implemented for this problem and provide details. If none implemented, explain why not.

f. Standardization and Control – An explanation regarding document updates such as Process Control

Plans, Process Flow Diagrams, Visual Aids, Work Instructions, Operating Procedures, Training

Methods/Records, and Preventive Maintenance Plans.

g. Verification of Corrective Actions – An explanation of the methods to verify the corrective actions are effective and will remain effective in the long term. Provide the number of trials with corrections in place, measurements, inspections, etc., including data on the number inspected vs. number of subject defects found.

FACAR – CDRL A00C

In the event of a conformance inspection failure, the Contractor shall submit a FACAR for each. The Government will not consider accepting failed lots until the Contractor resolves the failure to the Government’s satisfaction.

Government acceptance of a FACAR does not imply acceptance of a failed lot. Acceptance of failed lots is at the discretion of the Government. After lot failure, the Contractor’s production is at its own risk unless the Contracting

Officer directs the Contractor in writing to discontinue production.

The Government has a right to revoke acceptance of any and all items potentially containing the root cause failure mode and to require the Contractor to replace the failed units or correct the failure mode at its expense. If the

Contracting Officer approves the FACAR, the Contractor may perform any such action at destination or otherwise return the affected items to another location subject to the Contracting Officer’s approval. Transportation costs to and from the Contractor’s in this instance will be at the Contractor’s expense.

When the Contractor has shipped products from a failed lot, the Contractor shall notify the Contracting Officer in writing, with copy to the Administrative Contracting Officer (ACO) and Project Officer. The notification shall indicate the nature of the failure and shipments, to include consignees, date of shipments, carriers, waybill numbers, and quantity. The Government reserves the right to return the shipments or any portion thereof to the Contractor at

Contractor's expense.

3.6.5 Quality Management System. The Contractor shall have a Quality Management System (QMS) that meets the requirements of Quality stated in FAR 52.246-11, Higher Level Contract Quality Requirement, to ensure the product conform to contractual requirements. The Contractor shall monitor, assess, and audit raw material quality, product performance, and reliability at all subcontractor and supplier facilities. The Government reserves the right to audit products and processes, as well as the QMS at any stage of contract performance. The Contractor shall make available all quality management documentation for the Government’s review upon request.

The Contractor and subcontractors shall calibrate all test, inspection, measurement, and diagnostic equipment, to include all accessories and ancillary equipment in accordance with ANSI/NCSL Z540.3-2006 or equivalent. The

Contractor shall provide a Certification of Conformance (CoC) or equivalence within ten working days of the contract award.

The Contractor shall provide CoCs and supporting test data for all components and material performance as stated in the Performance Specification to DCMA at the time it presents FAT and LAT samples for Inspection and

Acceptance. The Contractor shall attach all CoCs and supporting test results to the DD1222.

3.6.5.1 Subcontractors and Suppliers. The Contractor shall be responsible for work performed by its subcontractors and suppliers, including any inspections and tests. The Contractor shall convey to its subcontractors and suppliers all applicable quality requirements; associated specifications; and contractual requirements applicable to the component, materials, and spare parts. The Contractor shall also verify its subcontractors’ and suppliers’ compliance for the contract’s the period of performance. The Contractor shall allow the Government to enter the Contractor’s or any subcontractor or supplier facility for the purpose of audits, production surveillance, verification, and observation during contract performance. The Government’s right to audit, conduct production surveillance and verification, or observe performance does not relieve the Contractor of its contractual obligations.

3.6.5.2 Quality Manual/Quality Program Plan. The Contractor shall establish and maintain a Quality Manual compliant with the requirements of ISO 9001:2015 or higher Industry Standard for QMS. The Contractor shall submit the Quality Program Plan/Quality Manual for Government review and acceptance as specified in the CDRL.

The Quality Manual must include: the scope of the QMS, the documented procedures established for the QMS, and a description of the interaction between the processes of the QMS. The contractor shall submit in entirety all procedures describing the activities for implementing the system.

Quality Program Plan (QPP) – CDRL A00F

3.7 Packaging. The Contractor shall develop packaging data in accordance with MIL-STD-2073-1 and all appendices for the end item and all repairable components.

3.7.1 Preservation and Packaging. The Contractor shall preserve and package (P&P) all items scheduled for domestic shipment for immediate use in accordance with the best commercial practices of ASTM D3951. The

Contractor shall P&P items scheduled for overseas shipment for immediate use in accordance with the best commercial practices of ASTM D3951, Export Requirements. The Contractor shall P&P items scheduled for storage, as identified by the instructions provided in each specific delivery order with the Level “B” requirements of MIL-

STD-2073-1, Method 31. The Contractor shall P&P spare or repairable components that are not, Electrostatic Sensitive

Devices (ESD) in accordance with the best commercial practices of ASTM D3951.

3.8 Development of Marking Requirements. Marking shall be in accordance with MIL-STD-129P.

3.8.1 Engineering Changes. In the event a Government approved ECP affects packaging design requirements for previously approved data, the Contractor shall update the affected packaging data and deliver it to the Government for approval.

Preservation and Packing Data – CDRL A00G

3.9 Test Article Disposal. The Contractor shall pay the expenses associated with returning test articles consumed during Government testing to the Contractor for disposal.

3.10 Delivery Status. The Contractor shall deliver a delivery status tracking spreadsheet in excel format for each delivery shipment. This cumulative document shall include both historical and current information on items shipped, lot number, 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.

Delivery Status Tracking Spreadsheet – CDRL A00H

3.11 Security Requirements. The information provided to the contractor will be unclassified and/or Controlled

Unclassified Information (CUI). The contractor is not required or expected to have a Facility Clearance and contractor personnel supporting this effort are not required to possess Personnel Clearance Levels. Any contractor personnel requiring access to U.S. Government CUI shall possess a completed background investigation (minimum of a T-

1/NACI) for this Public Trust Position.

Section D - Packaging and Marking

PACKAGING AND MARKING

See paragraphs 3.7 & 3.8 of Section C, Statement of Work for Packaging and Marking Instructions.

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 Origin Government Origin 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 Origin Government Origin Government

0015 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996

52.246-15 Certificate of Conformance APR 1984

52.246-16 Responsibility For Supplies APR 1984

CLAUSES INCORPORATED BY FULL TEXT

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 9001-2015 or higher industry standard for QMS

(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.

(End of clause)

QUALITY ASSURANCE

Contractor Quality System Requirements

Source Inspection

The Government, pursuant to FAR 46.402, requires Government contract quality assurance at source. The

Government reserves the right to inspect at any location at any time. In the event of end item non-compliance, the contractor will be responsible for all costs and retests, and reporting required to achieve compliance, unless otherwise directed by the Government. Any Certificate of Compliance (CoC) provided shall be complete with the applicable test data and traceability to materials and procedures that verify the outcome contained in the certification. The Government reserves the right to review/audit any suppliers. No review/audit of any suppliers by the Government will relieve the contractor of its responsibility for the performance and inspection of the products or services acquired by its suppliers.

Section F - Deliveries or Performance

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

DELIVERY AND PERFORMANCE

Delivery Schedule Compliance. Delivery information to be identified in each individual Delivery Order. In the event the Contractor anticipates or encounters difficulty in complying with the contract delivery schedule or date, the

Contractor shall immediately notify, in writing, the Contracting Officer and the cognizant DCMA Office. The notice shall give the pertinent details; however such notice shall not be construed as a waiver by the Government of any contract delivery schedule, or of any rights or remedies provided by law or under this contract.

Acceleration of Deliveries. Acceleration of deliveries is permitted at no additional cost to the Government.

Section G - Contract Administration Data

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC

2018)

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

Contract financing payment means an authorized Government disbursement of monies to a contractor prior to acceptance of supplies or services by the Government.

(1) Contract financing payments include--

(i) Advance payments;

(ii) Performance-based payments;

(iii) Commercial advance and interim payments;

(iv) Progress payments based on cost under the clause at Federal Acquisition Regulation (FAR) 52.232-16, Progress

Payments;

(v) Progress payments based on a percentage or stage of completion (see FAR 32.102(e)), except those made under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at FAR 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and

(vi) Interim payments under a cost reimbursement contract, except for a cost reimbursement contract for services when Alternate I of the clause at FAR 52.232-25, Prompt Payment, is used.

(2) Contract financing payments do not include--

(i) Invoice payments;

(ii) Payments for partial deliveries; or

(iii) Lease and rental payments.

Electronic form means any automated system that transmits information electronically from the initiating system to affected systems.

Invoice payment means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government.

(1) Invoice payments include--

(i) Payments for partial deliveries that have been accepted by the Government;

(ii) Final cost or fee payments where amounts owed have been settled between the Government and the contractor;

(iii) For purposes of subpart 32.9 only, all payments made under the clause at 52.232-5, Payments Under Fixed-

Price Construction Contracts, and the clause at 52.232-10, Payments Under Fixed-Price

Architect-Engineer Contracts; and

(iv) Interim payments under a cost-reimbursement contract for services when Alternate I of the clause at 52.232-25, Prompt Payment, is used.

(2) Invoice payments do not include contract financing payments.

Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract or task or delivery order.

Receiving report means the data prepared in the manner and to the extent required by Appendix F, Material

Inspection and Receiving Report, of the Defense Federal Acquisition Regulation Supplement.

(b) Except as provided in paragraph (d) of this clause, the Contractor shall submit payment requests and receiving reports in electronic form using Wide Area WorkFlow (WAWF). The Contractor shall prepare and furnish to the

Government a receiving report at the time of each delivery of supplies or services under this contract or task or delivery order.

(c) Submit payment requests and receiving reports to WAWF in one of the following electronic formats:

(1) Electronic Data Interchange.

(2) Secure File Transfer Protocol.

(3) Direct input through the WAWF website.

(d) The Contractor may submit a payment request and receiving report using methods other than WAWF only when-

(1) The Contractor has requested permission in writing to do so, and the Contracting Officer has provided instructions for a temporary alternative method of submission of payment requests and receiving reports in the contract administration data section of this contract or task or delivery order;

(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 on a contract or task or delivery order for rendered health care services using the

TRICARE Encounter Data System; or

(4) The Governmentwide commercial purchase card is used as the method of payment, in which case submission of only the receiving report in WAWF is required.

(e) Information regarding WAWF is available at https://wawf.eb.mil/.

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

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

https://wawf.eb.mil/

(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.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of

Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to…