19-R-0010_Synopsis.docx

Pre-solicitation Notice:

NOTE: This is a pre-solicitation notice, not a solicitation. The solicitation has NOT yet been issued. Please see the “Important Notice on Availability of Solicitations:” paragraph at the bottom of the notice for information regarding the solicitation posting to DIBBS.

Solicitation Number: SPE1C1-19-R-0010 Item: OVERBOOTS, MOLDED, LIGHTWEIGHT, CHEMICAL/BIOLOGICAL PROTECTIVE (MALO) Purchase Description: JPMP-PD-MALO-01, CAGE code 32263, (dated 1 August 2018)

The MALO is an item that requires consistently high standards of manufacturing quality and requires approval of sources to establish eligibility for the upcoming award and future awards.

Currently there is only one approved source for the manufacture of the MALO: Airboss Defense.

Solicitation SPE1C1-19-R-0010 will be issued as Unrestricted under FAR Part 12, Acquisition of Commercial Items. The resulting Firm-Fixed Price, Indefinite Delivery, Indefinitely Quantity contract will consist of an eighteen (18) month base term with a minimum quantity of 400,000 pairs and a maximum quantity of 600,000 pairs.

Solicitation SPE1C1-19-R-0010 will be evaluated under Best Value Trade Off Source Selection Procedures with the following evaluation factors: 1) Past Performance Confidence Assessment, and 2) Small Business Participation

FOB: DESTINATION

Inspection/Acceptance: ORIGIN

Delivery Destination: DODAAC: UY0157 / RIC: VSTG Peckham, Inc.

OCIE – North

The successful offeror shall provide two pairs of each of the five sizes listed above (or a total of ten pairs) for First Article Testing (FAT). The FAT samples are required to be delivered 30 days after date of award.

Government acceptance/approval of FAT is 90 days after date of award.

First delivery to Peckham, Inc. is required 180 days after date of award.

Delivery of eighty pairs are required to JPM-P 180 days after date of award.

The ten (10) pairs of the MALO are required for First Article Testing and the eighty (80) pairs of the MALO are required for JPM-P and will not be priced separately. All costs associated with the manufacture of the ninety (90) pairs for FAT and JPM-P will be borne by the awardee.

In addition, the testing samples required for production lot testing will not be priced separately. All costs associated with the manufacture of the production lot samples will be borne by the awardee. The awardee must calculate all costs associated with the manufacturing of the FAT samples, the JPM-P samples and production lot testing samples and include the associated costs in the offered unit price of the MALO to be delivered to DLA Troop Support.

IMPORTANT NOTICE REGARDING TECHNICAL DATA:

Any prospective offeror shall provide a completed DD Form 2345 (MAR 2016) with JCP certification number in block 7b and the Non-Disclosure and Conflict of Interest Agreement (attached) in order to receive a copy of JPMP-PD-MALO-01, CAGE Code 32263, dated 1 August 2018, associated patterns, and any other necessary documentation for the manufacture of the MALO.

This item contains technical data whose export is restricted by the Arms Export Control Act (Title 22, U.S.C., Sec 2751, et seq) or the Export Administration Act of 1979 (Title 50, U.S.C. APP2401 et seq) as amended. Violations of these export laws are subject to severe criminal penalties. Dissemination is in accordance with provisions of DoD Directive 5230.24 and 5230.25. Distribution of technical data is authorized to the Department of Defense and U.S. DoD contractors only. Critical determination was made 12 February 2009.

The dissemination of the technical data for the MALO falls under the Joint Certification Program (JCP). The JCP was established in 1985 to allow United States (U.S.)/Canadian contractors to apply for access to Department of Defense/Department of National Defence (DOD/DND) unclassified export controlled technical data/critical technology on an equally favorable basis in accordance with DODI 5320.25 “Withholding of Unclassified Technical Data and Technology from Public Disclosure”, and Canadian Technical Data Control Regulations. For additional information please go to: http://www.dla.mil/HQ/InformationOperations/Offers/Products/LogisticsApplications/JCP.aspx

What this means for you: Distribution of the MALO technical data is only authorized after the interested offeror completes a Non-Disclosure and Conflict of Interest Agreement and a DD Form 2345 (MAR 2016) Militarily Critical Technical Data Agreement (with certification).

Joint Certification Program (JCP) DD 2345 General Instructions:

1. Use JCP Search (or copy and paste the following URL into a browser: https://public.logisticsinformationservice.dla.mil/jcp/search.aspx) Use JCP Search to verify if your company has been or is already certified. Searches can be done by company name, Commercial and Government Entity (CAGE) Code, or JCP Certification number. This provides you with a first-hand view of your company’s information, which may require an update.

2. An active CAGE Code or a Canadian-issued North Atlantic Treaty Organization (NATO) Commercial and Governmental Entity Code (NCAGE Code) must be obtained and is required for all companies PRIOR to the submission of your completed DD Form 2345.

United States (U.S.) companies should use JCP Search (see URL in paragraph 1. above) to verify your company’s CAGE Code.

Canadian companies should use NCAGE Search (or copy and paste the following URL into a browser: https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx) to verify your company’s NCAGE Code. E-mail the Canadian National Codification Bureau (NCB) to make corrections to your NCAGE data.

The information recorded here must exactly match the information you enter on the DD Form 2345. For companies doing business with the Department of Defense (DOD), you must have a Data Universal Numbering System (DUNS) and register in the System for Award Management (SAM) prior to submitting your DD Form 2345.

Note: If any changes must be done in CAGE/NCAGE, DUNS or SAM, please allow 24-48 hours for the system to update before submitting your DD Form 2345.

Specific Instructions for filling out DD Form 2345:

NOTE: Failure to provide accurate and complete information will result in your Application being returned or rejected.

Block 1 - Type of Submission (Check only one box) Initial Submission:

Check if this is the first time request for certification under the JCP.

Revision:

Check if you are revising any information on an active previously approved application, to show revised information, such as:

Name of the Entity (Block 2a) - Address (Block 2b) CAGE/NCAGE Code (Block 2d) - Data Custodian (Block 3a) Phone (Block 3b) - Data Custodian Email (Block 3d) Relevant Business Activity (Block 4) - Contractor Certification (Blocks 6a-6d) Any changes to your entity's status or data during the certification period, you must notify the JCP Office, by submitting a Revision to your DD Form 2345, along with supporting documentation.

5-Year Renewal:

Check this box only if the company’s 5-year certification is going to expire or has expired.

Renewal requests may be submitted up to 120 days prior to certification expiration.

Block 2 - Entity or Individual Data Block 2a. NAME (Mandatory Field) This must exactly match as recorded in the CAGE/NCAGE database, and on the supporting documentation you will be providing with your completed form.

CAGE verification (for U.S. companies) NCAGE verification (for Canadian entities) For Entities: enter the full legal business name or institution name.

For an Individual: enter your full name as it appears on your documentation.

Block 2b. ADDRESS (Mandatory) Enter the physical mailing address and ZIP Code of the entity or individual applying for the certification in Block 2b.

The address must exactly match your entity’s address:

As recorded in CAGE/NCAGE database (See links above).

If a P.O. Box is used (for mailing purposes), enter the mailing address separately, in Block 2b.

Submit only one DD Form 2345 per CAGE Code physical address.

Block 2c. Leave blank (Unless):

You are a university, college or higher learning institution applying for certification.

You must enter "Office of Research and Grants" or the name of the office that is its equivalent.

Block 2d. CAGE Code (Mandatory) Enter your entity's CAGE/NCAGE Code as recorded in the CAGE/NCAGE database for your location.

The JCP Certification covers all employees working under that CAGE Code at that location Data Universal Numbering System (DUNS) (User I.D./Password required) System for Award Management (SAM) (User I.D./Password required) U.S. Entity's must be registered in SAM prior to submitting a DD Form 2345.

Block 3 - Data Custodian Entities or individuals applying for certification must designate a single person by name to act as the Data Custodian for the facility.

There can be only one Data Custodian per location per CAGE Code.

This person will be responsible for receiving and disseminating any technical data transferred to the certified contractor under the provisions of the JCP.

Block 3a. NAME (Mandatory) Block 3b. TELEPHONE NUMBER (Mandatory) Business landline, telephone number (including area code) of the entity Block 3c. TITLE (Mandatory) Title of the individual Block 3d. EMAIL (Mandatory) The email address of the individual in Block 3a where the Data Custodian will receive DOD unclassified controlled technical data and will be responsible for its further dissemination.

Block 4 - Description of Relative Business Activity Note: this is the most critical part of your request.

Provide a concise and detailed description of Entity's (listed in Block 2a) Business Activity. This will assist the Canadian or U.S. Government agency controlling the data in determining whether the DOD unclassified controlled technical data that you might request is reasonably related to your stated business activity.

Specifically address the following 4 areas:

Describe the product(s) or service(s) your company manufactures, sells or provides. It could be relevant to multiple product lines but specific to applications or technologies.

Examples:

We design and construct high-pressure, high volume hydraulic pumps to military engineered specifications for use in connection with aircraft control surfaces.

Our company is developing a communications planning tool with interfaces to radio devices, using simulation and training software, and integrating with military command and control systems.

We provide engineering services to a manufacturer of military vehicle suspension systems and related components.

Our company is a commercial and industrial painting and sandblasting entity that provides offsite sandblasting and coating services for structural components.

State why you require certification. If applicable, provide references to existing contracts or links to on-going work with the U.S. or Canadian Government.

Examples:

We currently have contracts with DLA which require an active JCP Certification to continue production.

Our company has been invited by (name of DOD component/installation/Program) to brief, demonstrate and evaluate our latest soldier system prototype equipment.

We need to obtain specific technical manuals and drawings for high-pressure air flasks used on USN support ships.

We are interested in bidding a project at Naval Base Bangor.

How you intend to utilize DOD unclassified controlled technical data.

Examples:

Export controlled technical data packages will be used to prepare a bid submissioin for the "MRAP Fighting Vehicle".

As a sub-contractor to (Name of prime contractor) and need to see the specifications in order to bid and will not share export controlled technical data with non JCP certified defense contractors.

We require export controlled technical data to perform research and design in order to design a new prototype for the "Advanced Fighting Vehicle".

We require access to export controlled technical data packages and photos for solicitation #XXXXX to prepare our bid.

If available, provide the name, office and contact information of the person requiring this certification.

For this request please enter: Contracting Officer, Patricia Martin, DLA Troop Support, 215-737-7838, patricia.a.martin@dla.mil Note: Proprietary, Personal, or other Entity Sensitive information shall not be included in this statement.

Block 5 - Citizenship/Residency Status As a condition of receiving Department of National Defense (DND) or Department of Defense (DOD) unclassified controlled technical data, the entity certifies that:

Block 5a. CITIZENSHIP/RESIDENCY STATUS (Mandatory) Mark either:

The United States Or Canada The individual named in Block 3a, may be either a Canadian or a U.S. citizen or a person admitted lawfully for permanent residence into Canada.

If the location of the entity is in the U.S., the individual named in Block 3 must be a U.S. citizen or a person admitted lawfully for permanent residence if the facility is located in the U.S.

Block 5b.

The contractor agrees to use the data only in ways mandated by DOD Directive 5230.25 or the Technical Data Control Regulations (TDCR). The contractor must certify that it needs the technical data to bid on or perform a contract with an agency of the U.S. or Canadian Government or for other legitimate business purposes.

Block 5c.

They acknowledge their responsibility under all applicable export control laws and regulations both in Canada and in the U.S. and will not violate said laws or regulations. If a contractor violates the provisions of the agreement, the contractor's eligibility for access to DOD unclassified controlled technical data could be revoked. If a contractor exports the technical data without the benefit of license or other authorization, it may be in violation of export control laws and subject to severe criminal penalties. A contractor violating the provisions of the agreement may be subject to prosecution by the contracting authority.

Block 5d.

Access to DOD unclassified controlled technical data will only be provided to their employees or eligible persons. The contractor must agree not to publicly disclose any unclassified technical data it receives under the agreement, unless specifically authorized by the controlling office, and to limit access to the data to individuals employed at its facility that meet the following citizenship requirements:

Block 5e.

They must ensure that no employees or eligible persons with access to the DOD unclassified controlled technical data have been debarred, suspended or are otherwise ineligible to perform on Canadian or U.S. government contracts or have violated Canadian or U.S. export control laws and regulations.

Block 5f.

They are also certifying that their organization is not presently or has not in the past, been debarred, suspended or otherwise ineligible from performing on Canadian or U.S. Government contracts or that they have not violated or contravened any Canadian or U.S. export control laws or regulations.

Block 6 - Contractor Certification Block 6a. TYPED NAME (Mandatory) Type or print the individual's name who can legally obligate the enterprise to a contract.

Block 6b. TITLE (Mandatory) Type or print the individual's title identified in Block 6a.

For Universities - this title must clearly show this individual's relationship to the Office of Research and Grants, or equivalent organization on campus.

Block 6c. SIGNATURE (Mandatory) The legal handwritten signature of the individual indicated in Block 6a, who can legally obligate the enterprise to a contract must sign.

Stamped or digital signatures are currently not acceptable.

This individual is legally bound to abide by all terms and conditions listed in Blocks 5a-5f.

Block 6d. DATE (Mandatory) Type or print the date the form was signed.

Blocks 7, 8, and 9 - Joint Certification Program Use Only

Supporting Documentation Supporting documentation proving the legitimacy of the company was not provided. You will need to provide documentation proving the company is registered business entity with a government agency. The supporting documentation must be issued by a government agency. The JCP cannot accept W-9 Forms. Caution - do not send anything that contains personal information, such as social security, passport or bank account number, etc. The company name must be on the documentation as well as the name of the issuing state/province, county, or city.

Examples would include one of the following:

Sales tax license Business license Filed articles of incorporation (with date stamp or incl. a letter noting the articles are on file at the state) Once you have the appropriate supporting business documents(s) you may email a new, corrected DD2345, with an original signature and the current date, to JCP-Admin@dla.mil.

ITAR/EAR Related Documentation Requested In accordance with 22 CFR §120-130, International Traffic in Arms Regulations, technical data available under the Joint Certification Program (JCP) may qualify as export controlled.

Under 22 CFR § 121.1, United States Munition List, some businesses who manufacture or export defense articles or services, which may include associated technical data, are required to register with the Directorate of Defense Trade Controls (DDTC).

Accordingly, If you currently possess a DDTC registration letter or an export license, we request that you provide this letter or license number as part of the supporting documentation for your JCP certification request.

If you do not have or require a DDTC registration letter or export license, we request that you annotate this in Block 4 of the DD Form 2345.

Disclosure of DDTC Registrant status is voluntary and it is not required in order for you to obtain a JCP certification.

However, providing this information will assist the Joint Certification Office in processing your DD Form 2345. Additionally, once JCP certified, this information will assist in identifying, for the controlling DOD office, what technical data is accessible under your JCP Certification.

Registration with the Department of State Should you need further clarification regarding registration with the U.S. Department of State, their contact information is below:

URL: http://www.pmddtc.state.gov/registration/wmr.html United States Munition List:

(http://www.pmddtc.state.gov/regulations_laws/documents/official_itar/itar_part_121.pdf) Phone: 202-663-1282 E-Mail: DDTCResponseTeam@state.gov Hours: 8:15 A.M. to 5:00 P.M.

Submitting the DD Form 2345 You may submit your completed, signed and dated DD Form 2345 request along with your company's supporting documentation to JCP-Admin@dla.mil. Please allow at least five business days for processing prior to following up for status. The Data Custodian will be notified within this timeframe if further information/clarification is required.

Steps for emailing:

Complete the attached, fillable DD Form 2345. (Blocks 1 - Block 6B) Save the form and print it.

Hand sign and Date the DD Form 2345. (Blocks 6C and 6D) Scan the form.

Save form as a .pdf.

Attach the DD Form 2345 .pdf to an email addressed to JCP-Admin@dla.mil. If you are required to send supporting documentation, attach to the same email.

Note: For any and all questions, concerns or issues, please contact the Joint Certification Program Office (JCO) at JCP-Helpdesk@dla.mil

Once Approved The person listed as the Data Custodian will receive the electronic copy of your form signed by the Canadian and U.S. representatives and bearing your certification number and a copy of the Approval Letter.

Unless specifically annotated, certification is typically valid for a period of five years.

U.S./Canada Joint Certification Program Office Defense Logistics Agency Logistics Information Services-J34 HDI Federal Center 74 Washington Ave North Battle Creek, MI USA 49037-3084 Web: http://www.dla.mil/HQ/InformationOperations/Offers/Products/LogisticsApplications/JCP.aspx Important:

Please use JCP-Helpdesk@dla.mil for all questions, concerns, or issues you have concerning JCP.

Please use JCP-Admin@dla.mil for DD Form 2345 submissions and revisions.

Next Steps after Approval of DD Form 2345:

1. Read, sign, and date the attached Non-Disclosure and Conflict of Interest Agreement (NDA).

2. Return the Non-Disclosure and Conflict of Interest Agreement (NDA) and the completed DD Form 2345 (including the certification number provided in block 7b) to DLA Troop Support. Both the NDA and the completed DD Form 2345 are required before any technical data and/or drawings are provided to the interested offeror. The interested offeror shall submit the NDA and the DD Form 2345 (with their certification number) to Jessica De La Hoz in order to receive an electronic copy of the technical data and/or drawings. Point of contact information is below:

DLA Troop Support Attn: Jessica De La Hoz, Contracting Officer, Bldg 3-B-4196 700 Robbins Ave.

Philadelphia, PA 19111-5096 E-Mail Jessica.delahoz@dla.mil

The preferred method of contact is email. On email request use subject line: MALO; DD Form 2345

3. The interested party shall be approved by the JPM-P office prior to award. Thirty (30) pairs of each size shall be submitted to a location of JPM-P choosing. For full details of the Approval Guidelines contact the following:

Joint Program Manager-Protection (JPM-P) Assistant Product Support Manager-Individual Protection (APSM-IP) 50 Tech Parkway, Suite 301, Stafford, VA, 22556 e-mail: JPM_P_Logistics@usmc.mil Phone: 703-617-2400

DLA Troop Support will post the solicitation to DIBBS for a period of 60 days to allow sufficient time for interested parties to submit samples for approval from JPM-P. However, please note that DLA Troop Support will not hold up an award decision pending any individual firm’s approval. Therefore, it is incumbent that any interested party seeking JPM-P’s approval begin the process immediately.

Important Notice on Availability of Solicitations:

Availability of solicitations, FAR 5.102(d) applies, as our office no longer issues solicitations or amendments in paper form. Offeror should register to receive notification of this solicitation or solicitation amendments. The solicitation will be posted on the DLA Internet Bid Board System (DIBBS) at https://www.dibbs.bsm.dla.mil/ around the end of November/beginning of December 2018 timeframe (ESTIMATED DATE). Detailed system requirements and instructions for registration can be found on the DLA DIBBS Home Page accessed on https://www.dibbs.bsm.dla.mil/. Once the solicitation is posted, it will be available for viewing on DIBBS. From the DIBBS homepage, select "Solicitations" from the top bar to search for the solicitation. DIBBS Help can be accessed from the DIBBS homepage.

Contracting Office Address:

Defense Logistics Agency, Acquisition Management, DLA Troop Support - Clothing & Textiles, 700 Robbins Avenue, Philadelphia, PA, 19111-5096, UNITED STATES Point of Contact(s):

Jessica De La Hoz, Acquisition Specialist, Phone: 215-737-7137, Email: jessica.delahoz@dla.mil Baotran Dao, Contracting Officer, Phone: 215-737-7249, Email: baotran.dao@dla.mil