M67854-23-R-1007 Solicitation Questions and Answers Amendment 003.xlsx

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M67854-23-R-1007 USMC - PC Gen III - Solicitation
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M67854-23-R-1007
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This document contains questions and answers regarding Solicitation Number M67854-23-R-1007 from the United States Marine Corps for the PC Gen III personal armor system. Key details include:

  • The solicitation is for the PC Gen III personal armor system, including outer vest assemblies, cummerbunds, soft armor inserts, and other components. The estimated first year quantities are 56,500 systems and 13,200 components, with lower estimated second year quantities.

  • Questions and answers cover topics such as quantities, inspection requirements, price submission formats, components included in CLINs, availability of patterns and historical pricing data, patents held by FirstSpear that may be relevant, and clarifications on pattern requirements. Offerors are advised to negotiate licensing for relevant FirstSpear patents.

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#QUESTIONSANSWERS
1It seems that all low-profile hook and loop has been eliminated? Please confirm.Low-profile hook and loop is not used except for areas that require Self Engaging Fastener (i.e. Velcro OneWrap).
2May we request any actual anticipated order quantities in year 1 and year 2 of the contract?The Government estimates (depends on receipt of funds) Year 1: 56,500 systems/13,200 components, Year 2: 9,654 systems/92,043 components. This is strictly an estimate and the Government is in no way liable to meet or exceed these contractual estimates.
3Reference section 3.2.1 Government Furnished Property. What is the expectation of ‘inspection’ of GFP? Is it just kind, count, condition, or something more intensive?Verification/Inspection requirements are in CDRL A002. Part One of the CDRL requires verification that pallets were received intact and undamaged and the number of pallets and boxes are consistent with the Bill of Lading. Part Two of the CDRL requires the scanning and inspection of soft armor inserts.
4May we request attachment J.10 -PC GEN III Price Submission Form in Microsoft Excel format?The Government does not have the file available in Microsoft excel format. The Price Submission Form is to be submitted in .pdf format.
5Reference CLIN 0018 Soft Armor Cummerbund. Will this CLIN include ballistic material? If so, will it be GFP? Section 3.2.1 only lists CLINS 0002, 0017, 0033 for supplied GFP ballistic inserts.CLIN 0018 will not include ballistic material. The ballistics will be included in the complete system.
6How can I access historical pricing for this product?The Government does not have guidance to provide on obtaining historical pricing.
7It would be a great help if you have a list of changes between version II and III.A list of changes between the PC Gen version II and III is not available, please refer to the solicitation's specifications.
8Is there any way we can purchase a finished Plate Carrier?PC Gen IIIs are not available for purchase from the Government. PC Gen IIIs are not commercially available.
9Could the Pattern files be sent in DXF format?The Government is no longer performing DXF conversions on our patterns due to the high risk of conversion issues potentially leading to manufacturing issues/errors. The patterns are only available in the Gerber AccuMark format (version 14.2). In doing so, the USMC ensures alignment with the other services (Army and USAF).

It was recommended for contractors/vendors that are without proper access to compatible AccuMark CAD and/or plotting capabilities, to utilize a 2nd party Pattern Service for pattern conversion and/or plotting.

10 Has the US government licensed or purchased FirstSpear’s patent # 9,565,922 B2 for laser cutting slits in laminate material that is required to build the plate carrier to submit for this solicitation?

No. The government has not licensed or purchased any patents in connection with this specification.

11 If the government has not licensed or purchased the FirstSpear patent # 9,565,922 B2, how can the plate carrier be a government owned design if it uses another companies patented intellectual property?

The PC Gen III was designed exclusively at Government expense and is a combination of components that were designed in-house and components that were acquired from multiple manufacturers. Some of the components that were acquired may be subject to intellectual property protections.
12Is it up to each individual company submitting for this solicitation

to contact FirstSpear and purchase and/or license their patent # 9,565,922 B2 for laser cutting slits in laminate material to be able to submit for

this solicitation?The Government expects and encourages offerors to negotiate a license with FirstSpear, LLC, for use of the laser-cut Pouch Attachment Ladder System ("PALS") slits in laminate material. While the Government recognizes that the resulting contract will contain contract clause FAR 52.227-1, Authorization and Consent, and that the awardee may choose to rely on the compulsory license provisions of that clause, offerors are hereby put on notice that, should the Government be required to seek a compulsory license from FirstSpear, LLC, the Government will invoke the patent indemnity provisions in contract clause FAR 52.227-3, Patent Indemnity, to offset the cost of the compulsory license against an awardee who fails to negotiate its own license with FirstSpear, LLC.
13If the US government has not licensed or purchased the FirstSpear

patent # 9,565,922 B2, how will they protect other companies submitting for this solicitation from getting sued by First Spear for violating their patent?

Please see response to question 12.
14Has FirstSpear provided a written waiver that they will not take

legal action against companies submitting on this solicitation and the companies that would be selected for award for patent # 9,565,922 B2 and

related patents pending (US15431377, US20170150805A1)?The Government is not aware of any written waiver of legal action issued by FirstSpear, LLC. Offerors are encourage to contact FirstSpear for questions about obtaining a license to use patent 9,565,922 B2 and related pending patents.
15Are there any other Patents companies should be aware of in reference to this Solicitation?The Government is aware of various U.S. patents that may or may not be directly related to this soliciation. Several known patents are related to attachment systems involving slits (9,565,922 B2; 9,974,379 B2; 10,905226 B2), pouches and adjustable straps for said attachment system (10,281,240 B2; 10,838,005 B2; 10,888,150 B2; 11,490,719 B2), and the quick release mechanism (10,051,984 B2). These patents are presumed to be valid. Potential Offerors have the responsibility to follow all applicable patent laws for any patents that may be ultilized in this solicitation. Please note, that with the exception of the First Spear Pat. 9,565,922 B2 technology, the other patented items are listed as "or equal" and offerors have the option of submitting a request for the Government to evaluate an alternative material and/or solution in accordance with Section M of the solicitation.
16Component: Outer Vest Assembly

Pattern List: Rear Adapter Source Selection Sample Requirement/Nomenclature: Cummerbund Adapter Question: Please confirm that the Rear Adapter is the same as the Cummerbund

AdapterFront Adaptor in the pattern is the same at “tube adaptor” in the spec verbiage and Rear Adaptor in the pattern is the same as “cummerbund adaptor."
17Component: Outer Cummerbund Adapter

Pattern List: Front Adapter Source Selection Sample Requirement/Nomenclature: Tube Adapter

Question: Please confirm that the Front Adapter is the same as the Tube AdapterFront Adaptor in the pattern is the same at “tube adaptor” in the spec verbiage and Rear Adaptor in the pattern is the same as “cummerbund adaptor."
18Component: Military Police Cummerbund
Question: Please confirm whether the MP Cummerbund is required as part of the Source Selection Sample Requirements.The MP Cummerbund is not listed in Table 2: Source Selection Samples and is not part of the source selection sample requirements.
19Source Selection Sample Requirement. Removable Label
Question: Please confirm whether or not each component requires a removable label or if one label can be used per system/bag.As stated in L.3.2..1, The samples shall contain a removable label that includes the Solicitation number, unique identifier (e.g., serial number) and the Offeror’s Name. Each sample requires a removable label.
20For CLIN 0018, Soft Armor Cummerbund (Black) and alike, will the soft armor be provided as GFE or is the Offeror expected to produce Soft Armor to fit in the cummerbund?Soft armor will be provided as GFE.
21Clarification in reference to Side Plate Pocket: We believe the cutters must is incorrect at 2. We believe there are 4 zip stops needed (2 per pocket).Side plate pockets have a "stop" on one side and a "garage" on the other side. Stop piece and garage pieces are cut 2 each. No changes are needed.
22Clarification in reference to Outter Cummerbund: We lengthened tube adapter webbing from 3" to 4" based upon the pattern and added boxstitch based upon the pattern.Tube webbing length should be consistent throughout system. 3" is an adequate length to stitch and attach tubes. Pattern shows location and no changes are needed.
23Clarification in reference to Back Inner Vest: We added 1.5" bendback to create a pocket for the IV Back Lower Foam Insert Pocket. Pictures can be provided for clarification.Lower foam pocket is intended to be stitched down on all sides making the foam non-removable. Pattern is correct as-is, no changes needed.
24Clarification in reference to Load Bearing Outer: Size XS-S ONLY (Sqaudron Material)

LBP-Front Outer Shell Laminate - lower flap after sewing is short by 1 1/2". Total length is fine.

Suggestion: fix the pattern so the position of lower flap stitch is moved up 1 1/2".Stitchline should not move. It's intentionally placed to ensure there are enough laser cuts on the top to incorporate the top laminate piece, which interoperates with other load bearing equipment. Based on pattern overlay, X-Small short load bearing panel pieces fit with outer vest front with enough length to fold under to create the "flap". Short and long lengths were developed based on three new sizes of ceramic plates and grading is restricted based on those plates. No changes are needed.
25Clarification in reference to Load Bearing Outer: Size XS-S ONLY (Tegris Material)
LBP-Stiffener Reinforcement - If the changes are made on Squadron pattern and Lower Flap stitch is moved up 1 1/2", Tegris Shape and cut-out position needs to be adjusted so that the stitch line goes on the Tegris and not in the cut-out.Stitchline should not move for same reason as previous comment. Vendor can stitch through stiffener cut outs where they intersect (XS-S & S-L). No changes are needed.
26Clarification in reference to Back Outer Vest: To accommodate the grading on OV-Back Plate Pocket Inner, the OV-Back Plate Pocket Inner Flap Hook needs to be graded. Currently, OV-Back Plate Pocket Inner Flap Hook is same for all sizes.Agree. Plate pocket hook should grade to match plate pocket lower grade. Pattern change is needed. Suggest vendor make make "working pattern" change. USMC will note for future pattern iterations.

File details come from the government source that posted it. Updated .