200429 20R1690 Amendment 003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to update Section C, Statement of Work, and provide responses to industry questions. Changes are highlighted in yellow .

1. CONTRACT ID CODE PAGE OF PAGES

J 1 15

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

16C. DATE SIGNED

BY 29-Apr-2020

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X M6785420R1690

X 9B. DATED (SEE ITEM 11)

17-Apr-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

29-Apr-2020

CODE

COMMANDER MARINE CORPS SYSTEMS COMMAND

ATTN: ERIN HOWARD

2200 LESTER ST

QUANTICO VA 22134

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

M6785420R1690

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

STATEMENT OF WORK

MARINE CORPS TROPICAL COMBAT UNIFORM

STATEMENT OF WORK

1. SCOPE.

Program Manager, Infantry Combat Equipment (PM ICE), Marine Corps Systems Command

(MCSC), has a requirement for a government-designed, Berry Amendment compliant, tropical combat uniform. The Marine Corps Tropical Combat Uniform (MCTCU) is a modification of the current Marine

Corps Combat Utility Uniform (MCCUU). The design and fabrics have been modified to increase mobility and reduce thermal strain in a hot, humid and wet environment. The MCTCU consists of one blouse and one trouser printed in the Woodland Marine Corps Pattern (MARPAT™) camouflage pattern.

The blouse and trouser are constructed with a five ounce nylon/cotton plain weave basic material with woven, nylon reinforced patches for the elbows, seat and knees.

The MCTCU blouse and trousers use the same government owned design as the MCCUU, MIL-

PRF-MCCUU REV E dated 01 Jul 2016 with the addition of a crotch gusset (approximately 7 inch in length by 3 inch in width) and larger belt loops (1 ± 1/8 inch wide). Each blouse and trouser must be factory treated with an insect repellent finish as established in the MCTCU specification. The insect repellent finish and treatment process shall comply with the Environmental Protection Agency (EPA), Federal Insecticide, Fungicide, and Rodenticide Act and EPA Product Performance Test Guidelines. The insect repellent finish and treatment process shall not degrade any performance characteristic of the blouse and trousers or present any latent defects in the blouse and trouser.

The vast majority of Marines fit within the size tariff contained within the MCTCU specification, MIL-PRF-MCTCU (Section J, Attachment 01); however, there will be a small number of individuals

(estimated between 1-10 per year) who will routinely require a special size. These individuals may require a special measurement MCTCU and the Contractor must accommodate this special measurement requirement.

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

(Section J, Attachment 01). The Contractor shall further accomplish any additional requirements set forth in this SOW.

1.1 Background. The United States Marine Corps (USMC) has a requirement for a utility uniform that is lighter weight, faster drying, and breathable. Under the cognizance of PM ICE, MCSC developed the MCTCU to meet this capability. The MCTCU will increase the survivability and mobility of the individual Marine supporting Overseas Contingency Operations and training in hot and humid environments, increasing the Marine's lethality in combat. The initial Authorized Acquisition Objective

(AAO) for the MCTCU is projected at 70,000 uniform sets, with a uniform set consisting of one blouse and one pair of trousers.

2. APPLICABLE DOCUMENTS.

The following documents form a part of this SOW to the extent specified herein. All parties shall use the most recent version of the referenced document at the time of contract, unless otherwise specified.

All government document issue dates are those listed in the ASSIST database and documents are available at http://quicksearch.dla.mil/. In the event of conflict between the applicable documents and this SOW, the SOW shall take precedence. Nothing in this document, however, supersedes applicable laws and regulations unless a specific exemption has been obtained. While the Government has made every effort to ensure the completeness of this list, documents may be referenced in the SOW that are not included below. Contractors shall meet all specified requirements cited in this SOW regardless of whether or not an applicable referenced document is listed below.

2.1 Government documents.

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

Materials Furnished to Government Activities

MIL-HDBK-61 Configuration Management Guidance

MIL-STD-882E Standard Practice for System Safety

2.2. Other government documents and patterns. The Government will provide the Government

Furnished Information (GFI) identified below to the Contractor.

MIL-PRF-MCTCU Specification Uniform, Tropical, Camouflage Pattern; Marine Corps (Blouse and

Trousers) (Section J, Attachment 01)

Verification Program for Insect Repellent Treatment (Section J, Attachment 02)

MIL-PRF-MCTCU Patterns (upon request)

Eagle, Globe, and Anchor (EGA) Embroidery Pattern (upon request)

2.3 Non-Government documents.

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

Attributes” National Aerospace Standard (NAS) 411

3. GENERAL INFORMATION.

3.1 Organizational Conflict of Interest (OCI). PM ICE may use Contractor and Subcontractor personnel to perform work in support of this contract. These personnel will have access to, or participate in, the review of proprietary information (e.g. specifications, or work statements) which may create a current or subsequent OCI as defined in Federal Acquisition Regulation (FAR) 9.5, Organizational and

Consultant Conflicts of Interest. As necessary, the Contracting Officer will identify and evaluate potential

OCIs and resolve in accordance with (IAW) FAR 9.5.

http://quicksearch.dla.mil/

3.2 Intellectual property. The Government possesses intellectual property/trademark rights in the following Marine Corps patterns and logos (collectively referred to as “intellectual property”): the EGA logo, including the EGA logo as it appears embedded in the fabric pattern. The Government further has title to the invention disclosed and claimed in United States Design Patent No. D491,372 issued on 15

June 2004 for “Camouflage Pattern for Sheet Material and Uniforms” and the invention disclosed and claimed in United States Patent No. 6,805,957 issued on 19 October 2004 for “Camouflage U.S. Marine

Corps Utility Uniform: Pattern, Fabric, and Design.” The Government claims exclusive ownership of the above mentioned intellectual property; therefore, no entity other than the Government, or those contracted by or having obtained proper permission or licenses from the Government to do so, are permitted to produce, sell, or transfer in any manner any items (clothing or non-clothing) containing or copying, in whole or in part, the intellectual property. Doing so will be considered an infringement on the

Government’s intellectual property rights and will be subject to legal action.

3.3 Other uses of the USMC trademarks. In the event that a contractor is interested in seeking permission to use the MARPATTM for other purposes, or is seeking to use other Marine Corps trademarks/service marks not described herein, please contact the Marine Corps Trademark Licensing

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

3.4 MARPATTM fabric patterns. MIL-PRF-MCTCU (Section J, Attachment 01) refers to

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

3.5 GFI. The Government will provide the GFI identified below to the Contractor. 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. As part of the GFI - MCTCU Specification and/or MCTCU

Patterns distribution process, the contractor's accessing of any of the GFI-Specification and/or Patterns is a confirmation of the contractor's agreement to the following: “The contractor, to include its subcontractors and suppliers, agrees that it shall not, without the express written permission of the

Government, use, modify, reproduce, release, perform, or display any of the GFI-Specification and/or

Patterns for any commercial purpose or disclose any of the GFI-Specification and/or Patterns to a person other than its subcontractors, suppliers, or prospective subcontractors or suppliers, who require any of the

GFI- Specification and/or Patterns to submit offers for, or perform, contracts under this effort.”

MIL-PRF-MCTCU Specification, Uniform, Tropical, Camouflage Pattern; Marine Corps (Blouse and

Trousers) (Section J, Attachment 01)

MIL-PRF-MCTCU Patterns (Section J, upon request)

4. REQUIREMENTS.

4.1 General. 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 of MCTCU’s in accordance with MIL-PRF-MCTCU (Section J, Attachment 01), and data item deliverables as specified by the contract, Section J Exhibits, and individual delivery orders.

4.2 Program, subcontractor, and data management.

4.2.1 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 http://www.marines.mil/unit/divpa/tmlo/pages/welcome.aspx from the Contracting Officer's authorized representative(s). This individual shall be responsible for coordinating all meetings between the Government and Contractor; shall be responsible for immediately bringing to the Contracting Officer's attention any conflicts in the Contractor's interpretation of the contract requirements (first by telephone verbal notification, to be followed by written notification); and shall be responsible for bringing to the Contracting Officer's attention any problems that could adversely affect the Contractor's ability to meet the contract quality, cost, production/delivery schedule, or other performance requirements. The Contractor shall submit Progress, Status and Management Reports in accordance with Contract Data Requirement List (CDRL) A001.

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

4.2.2 Subcontractor management. The Contractor is responsible for performance of requirements delineated in this SOW and shall institute appropriate management actions relative to subcontractor performance. 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.

4.2.3 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 MCTCU and to require delivery of any such data.

4.3 Meetings, formal reviews, conferences, and audits.

4.3.1 Post Award Conference (PAC). At request of the Government, the Contractor shall host a

PAC at their facility no later than 30 days after contract award. The PAC is for the Contractor to demonstrate to the Government its production, quality control, and management procedures for producing the MCTCU, and for the Government and Contractor to discuss any specialty areas deemed pertinent at that time, and to ensure mutual understanding of contract requirements. The Contractor shall ensure its key operations and management personnel attend the PAC. The Contractor shall provide a meeting agenda prior to the PAC, as well as provide meeting minutes for Government approval after conference completion IAW CDRLs A002 and A003, respectively.

Conference and Meeting Agenda - CDRL A002

Conference and Meeting Minutes – CDRL A003

4.3.2 Production Readiness Review (PRR). A PRR shall occur after FAT and prior to the start of Full Rate Production (FRP). The review will include an evaluation of quality management documents and processes, production lines and processes, supply chain management and material availability, and other topics as necessary to determine if the Contractor is ready to proceed into FRP. The Contractor shall declare their production readiness and deliver documentation of their readiness levels in a briefing to the Government in support of their production readiness declaration. The Contractor shall deliver to the Government, as part of their presentation, internal audits records (e.g., internal reports of their

Quality Management (QMS), Purchase Orders, Configuration Management System, Internal Audits of their subcontractor, and their readiness level for production). The briefing shall address the following:

(a) Adequacy and stability of the supply chain during the Period of Performance of the contract

(b) Program is properly staffed with qualified production, quality (engineers and inspectors), and manufacturing personnel

(c) Product acceptance system, including acceptance test procedures and associated equipment, has been validated and put under configuration control

(d) Production facilities are ready and required personnel are trained

(e) Delivery schedule is executable (technical/cost risks, long lead items)

(f) Drawing/pattern and manufacturing work instructions are ready, validated, and released to the appropriate subcontractor and supplier; certification that all documentation are under the configuration control and available for Government inspection/verification

Conference and Meeting Agenda – CDRL A002

4.3.3 In-Process Reviews (IPRs) and status meetings. The IPRs will be held on an as-needed basis at the contractor location. Status meetings generally are held only when the Contractor is in production to meet delivery orders issued under the contract. Teleconference topics for status meetings are as follows: complying with contract requirements, identifying and resolving problems, and assessing manufacturing performance. The Contractor shall deliver meeting agendas and meeting minutes for

Government approval.

Conference and Meeting Agenda - CDRL A002

5. ENVIRONMENTAL, SAFETY AND OCCUPATIONAL HEALTH.

5.1 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 the development, use, and disposal of the MCTCU 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 deliver all ESOH documentation for the Government’s review upon request.

5.1.1 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

5.1.2 Safety Data Sheets (SDS). The Contractor shall deliver all SDSs to the Government for review. A copy of the SDSs are required IAW FED-STD-313E.

SDS – CDRL A005

5.2 Environmental considerations. The Contractor shall deliver information on any potential adverse environmental impacts from manufacturing, operating, maintaining, and disposing of the

MCTCU. 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, Environmental Assessment, and Environmental Impact Statement. 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

6. TEST AND EVALUATION.

The Government plans to conduct several stages of testing to ensure the MCTCU meets the performance specification requirements.

6.1 FAT. The Government will conduct FAT in accordance with FAR 52.209-4 Alternate I First

Article Approval – Government Testing to verify the MCTCU meets all Government requirements in the detailed specification. 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 Contracting Officer will notify the Contractor, in writing, of the approval, conditional 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. The Contractor shall be responsible for costs associated with additional uniforms that may be required for FAT beyond those shown in Contract Line Item Number 0001 FAT. The Government will travel to the Contractor facility and inspect blouse and trousers for defects pre and/or post insect repellent treatment.

All production quantities submitted after approval of 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.

6.1.1 FAT requirements. The Contractor shall deliver 60 FAT samples as listed below in the sizes indicated for verification no later than 60 days after contract award.

Blouse and trouser

Sample Size Quantity Length

1 X-Small 10 Regular

2 Small 10 Short

3 Medium 10 Regular

4 Large 10 Long

5 X-Large 10 X-Long

6 XX-Large 10 Long

The Government will conduct FAT in accordance with FAR 52.209-4 Alternate I First Article

Approval – Government Testing (clause is included in full text in Section I of this contract), MIL-PRF-

MCTCU (Section J, Attachment 01) and the Verification Program for Insect Repellent Treatment (Section

J, Attachment 02).

6.1.2 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 MCTCU, 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 A007

6.1.3 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.

6.2 Confirmation testing. After approval of FAT, any changes to 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. If a confirmation test is required, those test results shall be delivered to the government as specified in the government determination. Contractors shall notify the Government in writing in advance of any planned changes.

7. CONFIGURATION MANAGEMENT.

7.1 Configuration Management (CM) process. The Contractor shall maintain a CM process for the control of raw material utilized in the MCTCU with what is approved by the Government in accordance with FAT requirements. The Contractor shall deliver to the government at FAT and maintain 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 Contractor’s CM process shall consist of configuration identification and configuration control of all raw materials and processes utilized in the production of the MCTCU. The CM process shall interface with other acquisition requirements such as design review, quality assurance, and other program related disciplines shall be addressed. The government reserves the right to request verification testing of conformance or conduct QA and/or verification testing against any or all requirements of the contract and/or its specifications at any time as a condition of acceptance. Testing may be performed at either a government or commercial test facility; this decision is up to the government. If verification testing is required, those test results shall be delivered to the government as specified in the government request. Any change in CoC’s or variance must be approved in writing by the Contracting Officer. The furnishment of CoC to the government does not absolve the Contractor the responsibility of ensuring compliance with MIL-PRF-MCTCU (Section J, Attachment 01) and the terms of this SOW.

7.1.1 Configuration Identification (CI). At the PAC, the Contractor shall propose CI for

Government control and those to be managed by the Contractor at a lower level/tier. For the CIs under

Government control, the Contractor shall deliver form, fit, function, and interface documentation necessary for configuration status accounting. The Contractor shall establish management practices for the lower level/tier CIs.

7.1.2 Configuration Status Accounting (CSA). The Contractor shall establish and maintain a CSA database and deliver CSA Information, reflecting the MCTCU configuration. All Contractor product and process baselines and changes shall be documented and delivered in the Contractor’s CSA Information.

The Contractor's CSA Information shall reconcile any differences between the supplier information and

Contractor practices to provide the Government with clear accountability of product information.

Additionally, the CSA Information shall be a reliable source for support test activities, including program management, systems engineering, logistics support, and modification and maintenance actions.

CSA Information – CDRL A008

7.2 Baseline management. Upon contract award, the contractor shall freeze their product and process configuration of the MCTCU. The contractor shall be responsible for maintaining the currency and accuracy of their established baseline to ensure form, fit, and function of the MCTCU. The

Contractor shall develop and maintain a Configuration Management Plan documenting their process for managing their baseline and tracking of any changes to their baseline. The Contractor’s Configuration

Management Plan shall be delivered to the government at FAT.

Configuration Management Plan – CDRL A009

7.2.1 Product baseline. The Contractor shall establish the product baseline by the successful completion and Government acceptance of FAT. The product baseline shall describe all the necessary physical characteristics of the MCTCU to include all verifications required to demonstrate the MCTCU meets all required dimension and performance parameters. The Contractor shall change the product baseline only through the submission and government approval of an Engineering Change Proposal

(ECP) process or Request for Variance (RFV).

7.2.1.1 Bill of Materials (BOM). For the MCTCU, the Contractor shall deliver to the

Government a BOM and drawings documenting all materials and components that comprise the MCTCU to identify Configuration Items for CM. The BOM shall contain the material or component supplier. All materials or components with a shelf life shall note their respective shelf life accordingly.

BOM – CDRL A010

7.2.2 Functional baseline. The MCTCU specification and associated government-furnished drawings establish the functional baseline.

7.3 Configuration control. The Contractor shall implement configuration control methods and procedures to maintain the integrity and traceability of an established baseline. The Contractor may only change established baselines upon Government approval of an Engineering Change Proposals (ECP) and

RFV. The Contractor shall include and deliver sufficient supporting data to evaluate the proposed change, such as drawings, supplemental drawings, sketches, specifications, or manufacturer's data sheets, with the ECPs and RFVs.

7.3.1 ECP. The Contractor shall submit ECPs 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 MCTCU CM Plan incorporated as Section J, Attachment 03. 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 A011

7.3.1.1 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 deliver ECPs, to include supporting documentation, to the Government POC as a

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

7.3.1.2 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 MIL-PRF-MCTCU (Section J, Attachment 01).

7.3.2 RFV. The Contractor shall process any RFVs 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.

RFV – CDRL A012

7.3.2.1 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 POC as a PDF. Upon RFV approval, the Government will modify the contract to add the RFV as an attachment.

RFV – CDRL A012

7.3.2.2 RFV cost responsibility. The Contractor shall fund all RFV implementation up to its contractual responsibilities established in the Functional Baseline, Product Baselines, and this SOW. 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

MIL-PRF-MCTCU (Section J, Attachment 01).

7.4 Notice of Revision (NOR). The Contractor shall generate and deliver a NOR as well as any supporting documentation when technical documentation controlled by another Contractor or

Government agency requires changes following approval of an ECP.

NOR – CDRL A013

7.5 Quality Management System (QMS). The Contractor shall have a QMS that meets the requirements of Quality stated in FAR 52.246-11, Higher Level Contract Quality Requirement, to ensure the product conforms 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 deliver a CoC or equivalence within ten working days of the contract award.

The Contractor shall deliver CoCs and supporting test data for all components and material performance as stated in MIL-PRF-MCTCU to the Defense Contract Management Association (DCMA) at the time it presents FAT and Lot Acceptance Test (LAT) samples for Inspection and Acceptance. The

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

7.5.1 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 that all applicable quality requirements, associated specifications, and all contractual requirements are applicable to the component, materials, and spare parts. The Contractor shall also verify its subcontractors’ and suppliers’ compliance for the contract’s 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.

7.6 Quality Manual/Quality Program Plan. The Contractor shall establish and maintain a Quality

Manual/Quality Program Plan compliant with the requirements of ISO 9001:2015 or higher Industry

Standard for QMS. The Contractor shall deliver 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 also include in entirety all procedures describing the activities for implementing the system.

QPP – CDRL A014

8. PRODUCTION LOT QUALITY ACCEPTANCE TESTING.

8.1 Testing. Items produced shall be subject to the requirements contained in this SOW. During production, the DCMA Quality Assurance Representative will conduct random sampling, inspection and acceptance to evaluate acceptability of the finished blouse and trousers in accordance with contract requirements. Quality acceptance testing shall be conducted, and results delivered, on all lots, and satisfactory results are required for lot acceptance. Lot size for the purposes of acceptance testing will be determined by the Contractor. The Government will require only random sampling in accordance with

ANSI/ASQCZ1.4 (Sampling Procedures and Tables for Inspection by Attribute). During the course of production, the Government may conduct additional testing to verify that production items continue to meet the desired material performance characteristics. The Contractor shall receive notification of acceptance from DCMA prior to shipping any lot. End item acceptance shall be conducted on site by the government representative in accordance with the Quality Assurance Letter of Instruction, which will be provided to DCMA after contract award. The Contractor shall assign lot numbers to each lot produced and shall be able to track each lot number back to raw materials.

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

“End Item Visual Examination,” section of Product Description document MIL-PRF-MCTCU. The inspection level shall be S-4 and the acceptable quality level (AQL) is 2.5 for all visual defects as defined in MIL-PRF-MCTCU (Section J, Attachment 01); (2) Inspection of MCTCU blouse and trouser

“Finished Measurements” as indicated in Product Description document MIL-PRF-MCTCU (Section J, Attachment 01). The inspection level shall be S-2 and the acceptable quality level (AQL) is 4.0 for all dimensional requirements; (3) Inspection of preparation of MCTCU lot shipments to ensure compliance with requirements in MIL-PRF-MCTCU (Section J, Attachment 01). The inspection level shall be S-2 and the acceptable quality level (AQL) is 2.5; (4) Inspection of palletization of shipments to ensure compliance with Section D “Packaging and Marking” in this contract. The inspection level shall be S-1 and the acceptable quality level (AQL) is 6.5; (5) Inspection of the CoC from the Contractor for each

MCTCU lot prior to shipment which provides an affidavit that all end items within the respective

MCTCU lot comply with all requirements contained within MIL-PRF-MCTCU (Section J, Attachment

01); (6) The Contractor shall deliver inspection and testing reports in accordance with CDRLs 0015 –

0017 the Quality Program Plan/Quality Manual for Government review and acceptance as specified in the

CDRL.

Inspection Report – CDRL A015

Test Report – Shade Evaluation – CDRL A016

Test Report – Insect Repellent Content Testing – CDRL A017

The contractor is reminded that the Government has flexibility, at its discretion, to test any attribute listed within MIL-PRF-MCTCU, as well as the right to loosen or tighten inspection requirements for lot acceptance testing in accordance with this SOW (e.g. paragraphs 7.1 and 7.2), the Product

Description document MIL-PRF-MCTCU, and ANSI/ASQ Z1.4, American National Standard, “Sampling Procedures and Tables For Inspection by Attributes.” In addition, inspections of the textile roll prior to end item “cut and sew” production shall occur for purposes of quality assurance (e.g. MIL-

PRF-MCTCU “Spectral Reflectance,” “Color Matching,” insect repellent content, etcetera).

8.3 Nonconformance of LAT. At the Contractor’s expense, the Government will return any LAT article failing to meet requirements as described in MIL-PRF-MCTCU to the Contractor, who shall deliver 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 deliver a

FACAR to the Government.

A sample form including the elements referenced above is included as attachment 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 was 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 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.

In the event of a conformance inspection failure, the Contractor shall deliver 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 POC 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 POC approves the FACAR, the Contractor may perform any such action at destination or otherwise return the affected items to another location subject to the POC’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 POC in writing, with copy to the Administrative Contracting Officer (ACO) and Program Manager (PM) representative. 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.

9. DELIVERY STATUS.

9.1 Delivery status tracking. The Contractor shall deliver a delivery status tracking spreadsheet in excel format that it updates and emails with each delivery shipment. This cumulative document shall include 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 – CDRL A018

10. WARRANTY.

The Contractor warrants that the MCTCU blouse and trouser are free from failures due to manufacturing defects, to include, but not limited to, workmanship, materials, or design failures, and warrants compliance with MIL-PRF-MCTCU for twelve months from date of Government acceptance of a respective MCTCU.

11. INCORPORATION OF REPRESENTATION AND CERTIFICATION BY

REFERENCE.

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

12. CONTRACT CHANGES.

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

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

(End of Summary of Changes)