Exhibit_A_IEC_Statement_of_Work_and_CDRLs_Dated_September_6,_2019.pdf

DEFENSE LOGISTICS

AGENCY (DLA)

INTERCONNECTION EQUIPMENT

CONTRACT (IEC)

STATEMENT OF WORK (SOW)

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Exhibit A SPRBL1-19-R-0042

Issue: 06 September 2019

CONTENTS

PART 1: GENERAL INFORMATION

1.1 OBJECTIVE

1.2 SCOPE

1.3 ITEMS COVERED

1.3.1 SCOPE OF ITEMS

1.3.2. PRICE EVALUTION LIST

1.4 CONTRACT IMPLEMENTATION

1.5 PERIOD OF PERFORMANCE

1.6 AUTHORIZED CUSTOMERS

PART 2: APPLICABLE DOCUMENTS

2.1 APPLICABLE DOCUMENTS

PART 3: REQUIREMENTS

3.1 ORDER RECEIPT PROCESSING AND OVERVIEW

3.1.1 COMPETITION FOR ALL ORDERS

3.1.2 ALTERNATE PRODUCT OFFERS

3.1.3 SUPPLEMENTAL ORDER REQUIREMENT DOCUMENTS

3.1.4 ORDER RECEIPT

3.1.5 INFORMATION SECURITY REQUIREMENTS

3.2 SUPPLY CHAIN MANAGEMENT

3.2.1 SUPPLIER SURGE AND SUSTAINMENT PLAN

3.2.2 SAFEGUARDING GOVERNMENT OWNED TECHNICAL DATA PACKAGES

3.2.3 PURCHASING SYSTEM

3.2.4 COUNTERFEIT ELECTRONICS PART DETECTION AND AVOIDANCE

3.2.5 SOURCE RESTRICTION COMPLIANCE –

3.2.6 WARRANTY, RETURN, AND DISCREPANT ORDERS

3.2.7 LIMITATION ON PASS-THROUGH-CHARGES

3.2.8 DISCOUNTS AND REBATES

3.2.9 PERFORMANCE METRIC: QUOTE RATE

3.3 PROGRAM AND DATA MANAGEMENT

3.3.1 MANAGEMENT AND PERSONNEL ORGANIZATION

3.3.2 TECHNICAL SUPPORT

3.3.3 PRODUCTION STATUS REPORT (PSR)

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3.3.4 PROGRAM MANAGEMENT REVIEWS

3.3.5 POST AWARD CONFERENCE

3.3.6 PERFORMANCE METRIC: ON-TIME DELIVERY

3.4 HARDWARE REQUIREMENTS

3.4.1 ALTERNATE ITEMS

3.4.2 PACKAGING

3.4.3 ITEM NUMBER MARKING

3.4.4 TRANSPORTATION

3.5 CONFIGURATION CONTROL

3.5.1 CONFIGURATION BASELINE (CB)

3.5.2 CONFIGURATION RESPONSIBILITY

3.5.3 DEPARTURES FROM CB

3.6 REQUIREMENTS FOR PRODUCTION EVALUATION

3.6.1 GENERAL

3.6.2 CONTRACTOR’S OBLIGATION AND RESPONSIBILITY

3.6.3 PE COMPATIBILITY, DISCREPANCIES, ERRORS, OMISSIONS AND DEFICIENCIES 19

3.6.4 OTHER DISCREPANCIES

3.6.5 ALTERNATE CHANGES

3.7 DRAWING (REVISIONS)

3.7.1 GENERAL

3.7.2 REVISION PROCEDURES

3.7.3 REVISED DRAWINGS

3.7.4 NEW DRAWINGS

3.7.5 MARKING FOR GOVERNMENT USE

3.7.6 SOURCE AND VENDOR ITEM (SPECIFICATION) CONTROL DRAWINGS

3.7.7 DELIVERY OF PRODUCT DATA

3.7.8 AUDIT OF PRODUCT DATA (PD)

3.8 CONTRACTOR PERFORMED FIRST ARTICLE TESTING (FAT)

3.8.1 GENERAL

3.9 PRODUCTION ACCEPTANCE TEST

3.10 ADDITIONAL HIGHER-LEVEL QUALITY

3.11 OBSOLESCENCE MANAGEMENT AND OBSOLESCENCE STATUS REPORT

3.11.1 GENERAL

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3.11.2 OBSOLESCENCE IDENTIFICATION

3.11.3 OBSOLESCENCE STATUS REPORT

3.12 REQUIREMENTS FOR VALUE ENGINEERING

3.12.1 GENERAL

3.12.2 VALUE ENGINEERING INFORMATION

APPENDIX A – CONTRACT DELIVERABLE REQUIREMENTS LIST (CDRL)

APPENDIX B – INSTRUCTIONS FOR COMPLETING DD FORM 1423

APPENDIX C – ACRONYMS AND ABBREVIATIONS

APPENDIX D – SAMPLE PE COMPATIBILITY DISCREPANCIES, ERRORS, OMISSIONS AND

DEFICIENCIES

APPENDIX E – PRODUCTION STATUS REPORT

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Issue: 06 September 2019

PART 1: GENERAL INFORMATION

1.1 OBJECTIVE

This Statement of Work (SOW) defines the efforts required to produce and support the products required by this solicitation/contract. The items being purchased, and related incidental services, are referred to as

“Interconnection Equipment.” This Interconnection Equipment contract (IEC) will be a ten (10) year

Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Contract (MAC) supporting a broad range of interconnection equipment used by the Department of Defense (DoD) or any Federal Agency. The proposed IDIQ contract will have an ordering period of five (5) years, and five (5) one (1) year option periods, totaling ten (10) potential contract years. Individual orders will be used to supply the items within scope of this contract.

The objective of this contract is to move from the current environment of disjointed ordering under a multitude of contract vehicles, to a holistic suite of ten (10)-year Long-Term Contracts (LTCs) supporting the universe of interconnection items. The Government foresees these suite of contracts providing the following:

Rapid Acquisition Capability – Awards to multiple vendors enables quick response to surge and warfighter needs.

Advance Planning – The Government will share the quarterly forecast for Interconnection equipment with awarded companies. There is also the potential for deep dive analysis at an annual supply chain review.

Cooperation/Collaboration – Opportunities for awardees to have integrated conversations at the

DoD level on issues on and/or solutions to the Interconnection Equipment industry.

This SOW describes the overall support requirements of the IEC. A more detailed SOW, Performance

Work Statement, or Technical Requirements may be included as part of each order Request for Proposals

(RFP). Specific deliverables beyond what is covered in this SOW may also be required in an order. In the event of a conflict between this IEC contract and this SOW, this SOW and any supplemental SOW, Performance Work Statement or Technical Requirements, shall govern.

1.2 SCOPE

The scope of the Interconnection Equipment contract includes any product, and incidental service, used by the DoD or the Federal Government to connect weapon systems, computer systems and networks, global and tactical networks, radio networks, etc. Commonly used products within scope of this contract include various types of wiring harnesses, accessories, and installation kits for use in the interconnection of electrical equipment. The Federal Stock Classes (FSC) covering these items include 5895 –

Miscellaneous Communication Equipment, 5995 – Cable, Cord, and Wiring Assemblies, 5935 –

Connectors, Electrical, 5965 – Headsets, Handsets, Microphones and Speakers, 6020 – Fiber Optic Cable

Assemblies and Harnesses, 6145 – Wire and Cable, Electrical, 6150 – Miscellaneous Electrical Power

Distribution Equipment, and 7010 – Information Technology Equipment System Configuration.

Additional FSCs may also fall within the scope of the contract. The Government may elect to use incidental services to accomplish any goal in support of producing an item within the Interconnection universe. Such services include the time and effort of the contractor to perform an identifiable task in addition to furnishing an end item supplied.

1.3 ITEMS COVERED

Any Interconnection item required by the authorized customer that is managed by Defense Logistics

Agency (DLA) or Army or otherwise authorized for procurement by DLA. The items covered by the

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Issue: 06 September 2019 proposed acquisition consists of non-commercial and commercial items, to include commercial of-a-type.

In general, the items include, but are not limited to:

Cables

Connectors

Wiring

Conductors

Electrical Components

Installation Kits

Wiring Harnesses

Radios

Items determined by DLA and/or DoD to meet the definition of an interconnection equipment do not have to be mentioned in the above categories.

1.3.1 SCOPE OF ITEMS - Requirements will be reviewed to ensure compliance with the scope of the contract(s) by the Contracting Officer. All items must be determined to be within scope of the contract prior to requesting a contractor’s pricing and delivery terms for an order.

The items being procured will have a variety of specifications to include cables and connectors that are built using the Government’s Technical Data Package and National Stock Number (NSN). There will also be items that are commercial products or modified commercial products that are identified by a manufacturer’s part number or by commercial item descriptions. All sole source items shall conform to the manufacturer’s commercial specifications unless otherwise directed by the contracting officer. A price evaluation list has been identified. The price evaluation list is considered a representative sample of items that may be required throughout the duration of the contract. The list illustrates the types of supplies that will be required under this contract(s), and which the contractor may be required to furnish under the resultant contract(s). Please reference the attached spreadsheet entitled “Price Evaluation List.xlsx.”

Acceptable alternate items will be permitted under the resultant contract(s) when an item is identified by a manufacturer’s brand name or part number unless the Government expressly states that an alternate is not permitted. See sections 3.1.2 and 3.4.1 below for details.

The suite of contracts awarded to support the Federal Government’s Interconnection Equipment project have the potential to grow and include over 100k different types of interconnection equipment. Any item determined to be within scope can be added to the price list or competed under an order as explained in section 3.1.1.

1.3.2. PRICE EVALUTION LIST – A price evaluation list (PEL) has been identified in the attached spreadsheet entitled “Price Evaluation List.xlsx.” The PEL is considered a representative sample of items that may be required throughout the duration of the contract. The list illustrates the types of supplies that will be required under this contract(s), and which the contractor may be required to furnish under the resultant contract(s). The PEL pricing awarded is the maximum price the Government will pay during the base year and each applicable option year for items on the PEL. During post-award competition, the contractor may not submit a quote for a PEL item or Acceptable Alternate with a price that exceeds the applicable contractual ceiling price. Prices within the PEL will be part of the contract, and can be used to expedite the order RFP process by DLA Land Aberdeen or any other delegated ordering office. After award, items on the PEL will become part of a Rapid Ordering Catalog. The Government may, as indicated in the contract, add or replace items to the PEL/Rapid Ordering Catalog.

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There are items included on the PEL that are managed by the Army CECOM ILSC, and have supplemental requirements beyond the IEC base SOW. The specific Army CECOM ILSC technical requirements are in Exhibit B, IEC ILSC-1A Supplement SOW, which is attached to the IEC base solicitation. Therefore, the technical requirements included in this document, as well as in the IEC ILSC-

1ASupplement SOW, should be referenced for applicability to those items. Contractors should also refer to IEC contract attachment 0005, PEL Supplemental Requirements, for specific item requirements.

1.4 CONTRACT IMPLEMENTATION

The contractor may be given up to sixty (60) days from the date of award, if needed, to ensure it is positioned to be able to perform on this contract. Implementation of the contract include the following:

Ensuring delivery of any requirement can be accomplished within the time frames cited in the delivery order (required).

Supply Chain Management – Includes implementing the Surge and Sustainment Plan (as needed), Counterfeit Electronics Part Detection and Avoidance policies and procedures, purchasing system and processes for safeguarding the Government owned Technical Data Packages (required).

Enacting the Quality Assurance Program Plan (as needed).

1.5 PERIOD OF PERFORMANCE

The proposed IDIQ contract will have an ordering period of five (5) years, and five (5) one (1) year option periods, totaling ten (10) potential contract years.

1.6 AUTHORIZED CUSTOMERS

The IEC program may support authorized customer worldwide. During the term of this contract and for any subsequent option periods, DLA Land Aberdeen reserves the right to add or delete authorized customers. Any such additions or deletion made by DLA Land Aberdeen may result in a significant increase or decrease in the Government’s estimated contract value. Any such change shall not be the basis for a request for equitable adjustment or claim, shall not result in Government liability to the contractor, and shall not affect the stated minimum guaranteed ordering amounts.

PART 2: APPLICABLE DOCUMENTS

2.1 APPLICABLE DOCUMENTS

The following documents are applicable to the extent cited in this SOW, contract, order, or any supplemental technical requirement documentation. For items on the PEL, Contract attachment 0005 can be cross referenced with the contract, this SOW, and Exhibit B ILSC-1A Supplemental SOW for an item’s applicability. Additional documents may be applicable in the order technical requirements. For commercial items, in addition to the documents stated below, the contractor shall ensure that all products meet the appropriate recognized industry standards.

Military and Federal Standards

MIL-STD-129R(1) Military Marking for Shipment and Storage

MIL-STD-810G(1) Department of Defense Test Method Standard

Military and Federal

Specifications

MIL-HDBK-61A Configuration Management Guidance (Dated 7 Feb 2001)

MIL-PRF-49078A Performance Specification Handset H-250( )/U

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Other Documents

ISO 9001:2008 Quality Management Systems – Requirements

DD Form 250 Material Inspection And Receiving Report

Commercial Documents

ASTM D3951-18 Standard Practice for Commercial Packaging

ISPM 15 Regulation of Wood Packaging Material in International Trade

ASME Y14.100-2004 Engineering Drawing Practices

IPC 2221B Generic Standard on Printed Board Design

ISO 10303 Industrial Automation Systems and Integration - Product Data

SAE EIA-649-1 Configuration Management Requirements for Defense Contracts

PART 3: REQUIREMENTS

3.1 ORDER RECEIPT PROCESSING AND OVERVIEW

3.1.1 COMPETITION FOR ALL ORDERS – If the Government issues multiple awards/contracts, all orders exceeding SAT will be competed among all awardees pursuant to the fair opportunity requirements of FAR 16.505(b), unless an exception applies as outlined in FAR 16.505(b)(2). After the IDIQs are awarded, the Contracting Officer intends to reserve all orders under $250,000.00 for small business awardee(s). However, if it is determined through market research (e.g. the quarterly forecast results) that there is not a reasonable expectation that two or more small business IEC prime contractors will submit competitive offers in terms of market prices, quality and delivery, the Contracting Officer may decide to not set aside the order. In addition, if only one small business is awarded an IEC IDIQ contract, then the

Contracting Officer may decide to limit the amount of small business reservation set asides to a combined

$1,000,000.00 over a six (6) month period. If an order set aside is dissolved, then an unrestricted order

RFP will be released and Other-than-small businesses as well as small businesses are eligible for award.

Orders under the micro-purchase threshold may be competed among all awardees. Orders under the micro-purchase threshold may also be auto-awarded based on historical pricing obtained from previously competed orders, or based on the pricing submitted on the Price Evaluation List and incorporated into the contract upon award.

The Government intends to use email as its primary method of communication, including sending RFPs on order requirements via email. Accordingly, contractors are required to have email capabilities for the receipt of RFPs. The Bidwiser Program or another contract administration system may be utilized to issue the order RFPs and evaluate the offers received. The contractor will be required to utilize the system the

Government selects once it is implemented. Contractors are also required to use a reverse auction procurement tool, or any other RFP issue and receipt tool/system selected by the Government for such purposes (to include inputting of prices). If the reverse auction procurement tool is utilized, Contractors will be required to input prices at the following website:

https://dla.procurexinc.com/Registration/Default.aspx. Information on how to use the tool will be provided by the Government prior to the RFP release.

The Best Value determination for each individual order could be based on Trade-off procedures or

Lowest Price Technically Acceptable procedures. The award decision factors may include price, delivery and past performance; however, other factors may be included as well. An award may be made on a line by line basis or total order basis. As stated above, each RFP will clearly state the basis for award and how https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=5&cad=rja&uact=8&ved=0ahUKEwjhidjqjtzVAhUr7YMKHW2ECiAQFgg8MAQ&url=https%3A%2F%2Fshop.bsigroup.com%2FProductDetail%2F%3Fpid%3D000000000030339171&usg=AFQjCNGFEKQ28m3jsxNmBODrR7XjH_YQAQ

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Issue: 06 September 2019 the offers will be evaluated. The date and time for receipt of proposals will be specified on each order

RFP.

Items identified on the Rapid Ordering Catalog are high demand, and/or high priority items that require a rapid response. For these items, the Contracting Officer may issue order RFPs with a twenty-four (24) hour response period. Contractors are required to provide a response by the end of the response period to be considered for award. However, at the Contracting Officer’s discretion, contractors may be required to provide quotes within 24 hours for urgent or high priority requirements that are not identified on the

Rapid Ordering Catalog.

3.1.2 ALTERNATE PRODUCT OFFERS – When the RFP describes the Government’s requirements for an item peculiar to one or more manufacturer (e.g. a particular brand-name, product, or a feature of a product that is peculiar to one or more manufacturer), offers of alternate items will be considered by the

Government unless the RFP expressly states that only the item peculiar to the identified manufacturer(s) will be considered. A contractor proposing an alternate item shall furnish all required support documentation as detailed below in section 3.4.1, Alternate Offerors. Failure to provide a complete technical data package sufficient to establish that the alternate item is an acceptable substitute to the item requested shall be grounds to exclude the alternate item from consideration.

In the event that an order RFP describes the Government’s requirements for an item peculiar to particular manufacturer(s), and expressly states that only that item will be considered, the Government will follow the procedures contained in FAR 16.505 concerning the justification, documentation and approval for an item peculiar to particular manufacturer(s).

3.1.3 SUPPLEMENTAL ORDER REQUIREMENT DOCUMENTS – The Government may have specific item requirements that are not captured in this SOW. These requirements will be captured in a supplemental technical documents including a supplemental SOW, Performance Work Statement (PWS) or Technical Requirements depending on the requirement and the Government’s need to define that requirement’s terms.

3.1.4 ORDER RECEIPT – The Government may select to use email or another system, such as the

Electronic Data Interchange (EDI), to communicate orders issued under this contract. EDI uses the conventions and formats prescribed by the American National Standards Institute (ANSI) X12 standards and the Department of Defense (DoD) X12 Implementation Guideline. The contractor is advised that if the Government uses EDI, it will be using an Electronics Commerce Collection Point with connections to several Value Added Networks (VAN) for interchanging data with contractors in ANSI-X12 format.

If the Government elects to use EDI, the contractor shall acquire and maintain the following minimum requirements for receiving and transmitting EDI transactions:

a. A computer compatible with the chosen network.

b. A mailbox with a commercial VAN which is connected to the Distribution Point.

c. Translation and communication software which is commercially available and capable of receiving and transmitting X12 data in accordance with paragraph (a) above. The Government reserve the right to “upgrade” the X12 Guideline to allow for technological enhancements which render the then current minimum requirements inadequate to permit the required EDI transmission.

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a. Caused by the contractor’s personnel or the contractor’s equipment;

b. Caused by the contractor’s agent or representative, or the agent’s or representative’s personnel or equipment;

c. Caused by an error or malfunction in a VAN chosen by the contractor or its agent or representative, and such errors or malfunctions shall not be a basis for excusable delay within the meaning of the clause of the contract entitled, “Default” unless such error or malfunction be beyond the control, and without the fault or negligence of, the contractor, the contractor’s agent or representative or the contractor’s selected VAN. When such events occur, the contractor shall contact the Contracting Officer within twenty-four (24) hours or the next business day of first notice of the error or malfunction to arrange for retransmission. Repeated errors of malfunctions may necessitate termination of EDI transmissions with the contractor, and may necessitate the termination of the contract.

In the event of an error of malfunction in EDI transmission caused by a Government representative or equipment, the Contracting Officer shall immediately notify the contractor and arrange for retransmission of the data.

3.1.5 INFORMATION SECURITY REQUIREMENTS

3.1.5.1 Independent Verification and Validation: Upon request, the contractor shall provide to the

Contracting Officer a copy of the contractor's most current plan of action to meet the security requirements defined in National Institute of Standards and Technology (NIST) SP 800-171. The contractor shall use the NIST Controlled Unclassified Information (CUI) Plan of Action template format found at: https://csrc.nist.gov/CSRC/media/Publications/sp/800-171/rev-1/final/documents/CUI-Plan-of-

Action-Template-final.docx. The plan of action shall detail the resources required to accomplish the elements of the plan, any milestones in meeting the tasks, and scheduled completion dates for the milestones.

Upon request, the contractor shall provide to the Contracting Officer documentation verifying compliance with NIST SP 800-171 requirement 3.11.1. The documentation shall demonstrate that the contractor periodically assesses the risk to organizational operations (including mission, functions, image, or reputation), organizational assets, and individuals, resulting from the operation of organizational systems and the associated processing, storage, or transmission of Controlled Unclassified Information (CUI).

Examples of appropriate documentation include, but are not limited to: risk assessment; risk assessment results; risk assessment reviews; and risk assessment updates. The Contracting Officer may direct the contractor to provide other relevant documents or records if the Contracting Officer determines such documents or records are necessary to verify compliance with NIST SP 800-171 requirement 3.11.1.

The contractor shall allow a Government Cyber Assessment Team or a Third Party Assessor to perform an on-site compliance review for compliance with DFARS 252.204-7012, of the systems owned and operated by the contractor or subcontractor that will be processing, storing, transmitting, or displaying

Covered Defense Information or that will be used to perform the requirements of the contract designated as operationally critical support as defined in DFARS 252.204-7012. If the contractor proposes a Third

Party Assessor in lieu of the Government Cyber Assessment Team, all costs associated with engaging the assessor shall be borne by the contractor. Furthermore, the Government shall be provided all the standards and requirements of the Third Party Assessor in the contractor's request to use the Third Party Assessor. If the Government proposes a Third Party Assessor in lieu of the Government Cyber Assessment Team, the associated costs shall be borne by the Government. This will be a measured assessment with pre-defined

IP address ranges identified at the start of the assessment and will include technical and operational reviews designed to test the rigor of all required security controls implemented. The identification of IP

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Issue: 06 September 2019 address ranges will be agreed upon by both the Government and the contractor during the planning phase of the assessment. The IP addresses shall include all the systems that processes, stores, or transmits covered defense information in support of the solicitation. If this assessment is to be performed by DLA's

Cyber Assessment Team or Third Party Assessor engaged by DLA, the rules of engagement that will govern this action will be provided to the contractor at least ninety (90) days prior to the actual engagement.

3.1.5.2 Continuity Of Operations: Upon request, the contractor shall provide to the Contracting Officer contingency planning documentation showing compliance with NIST SP 800-171 requirement 3.8.9, “Protect the confidentiality of backup CUI at storage locations”. Compliance with NIST SP 800-171 requirement 3.8.9, “Protect the confidentiality of backup CUI at storage locations” shall be in accordance with NIST SP 800-171A assessment procedures.

3.1.5.3 Other Safeguarding or Reporting Requirements: The cybersecurity requirements identified in this

SOW do not abrogate or otherwise modify the contractor's responsibility for compliance with any other safeguards or cybersecurity-related requirements contained in this contract, or required by other applicable U.S. Government statutes or regulations.

3.1.5.4 Subcontracts: The contractor shall include all the information security requirements detailed above in all subcontracts and agreements with third parties that are or will be processing, storing, or displaying Covered Defense Information in performance of the contract, or that will be used to perform the requirements of the contract designated as operationally critical support.

3.1.5.5 Definitions: The definitions in DFARS 252.204-7012 apply to the Information Security

Requirements stated above.

3.2 SUPPLY CHAIN MANAGEMENT

In order to keep up with the changing requirements and increased scope of the contract, contractors must be able to maintain a supply network that covers, at a minimum, the scope of the contract. Additionally, active participation in submitting competitive and acceptable proposals is critical to the success of this contract. All contract awardees shall maximize the opportunities available through this contract vehicle by submitting proposals in response to the order RFP. At a minimum, contract awardees must maintain the following standard:

Small Business – shall provide proposals on seventy percent (70%) of the order RFPs including those that are set-aside one hundred percent 100% for small businesses.

Other-than-small-businesses - shall provide proposals on eighty-five percent (85%) of the order

RFPs that are solicited via unrestricted delivery order RFP.

Companies will be evaluated using the Quote Rate performance metric as explained in Section 3.2.9.

Companies unable to meet this requirement can be subject to the off-ramp terms of the contract.

3.2.1 SUPPLIER SURGE AND SUSTAINMENT PLAN – A Surge and Sustainment Capability

Assessment Plan (CAP) may be requested on an order RFP. A Surge and Sustainment CAP is not required for the base award of the Interconnection Equipment Contract because there are no requirements on the initial PEL that have surge requirements.

3.2.2 SAFEGUARDING GOVERNMENT OWNED TECHNICAL DATA PACKAGES - The contractor shall have a plan within sixty (60) days after award of the base IEC contract for monitoring

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Issue: 06 September 2019 supplier/subcontractor’s compliance with safeguarding the Government Owned Technical Data Packages

(TDPs). This plan shall be in place for the entire duration of the contract. The Government may, at any time during the ordering period and performance of any orders, request the Contractor to submit its plan and provide evidence that it is following the procedures outlined in its plan. The contractor’s plan, at a minimum, must meet the requirements of DFARS 252.204-7012.

3.2.3 PURCHASING SYSTEM – The contractor is required to have a purchasing system to support this requirement. Purchasing system means the contractor's system or systems for purchasing and subcontracting, including the selection of vendors, analysis of quoted prices, negotiation of prices with vendors, and placing and administering of orders. The contractor's purchasing system shall include the following:

a. Provide for an organizational and administrative structure that ensures effective and efficient procurement of required quality materials.

b. Perform internal audits and management reviews, training, and maintain policies and procedures for the purchasing department to ensure the integrity of the purchasing system.

c. Have business alliances and contractual relationships that will ensure the ability to provide the scope of products listed in this SOW. Establish and maintain selection processes to ensure the most responsive and responsible sources for furnishing require quality parts and materials.

d. Promote competitive sourcing among dependable suppliers so that purchases are reasonably priced and from sources that meet contractor quality requirements.

e. Establish and maintain procedures to ensure documentation of vendor selected and performance of adequate price analysis on purchasing actions.

f. Have policies and procedures to assure purchase orders and subcontracts contain all flow down clauses, including terms and conditions required by the prime contract, as well as and clauses needed to carry out the requirements of the prime contract and ensures that proper types of subcontracts are selected.

3.2.4 COUNTERFEIT ELECTRONICS PART DETECTION AND AVOIDANCE – The contractor must have policies and procedures in place that address, at a minimum, the following areas:

a. The training of personnel on counterfeit electronics part detection and avoidance.

b. The inspection and testing of electronic parts, including for acceptance and rejection.

c. Processes to abolish counterfeit parts proliferation.

d. Processes for maintaining electronic part traceability.

e. Use of suppliers in accordance with DFARS 252.246-7008, Sources of Electronic Parts.

f. The reporting and quarantining of counterfeit electronic parts and suspect counterfeit electronic parts.

g. Methodologies to identify suspect counterfeit electronic parts and to rapidly determine if a suspect counterfeit electronic part is, in fact, counterfeit.

h. Design, operation, and maintenance of systems to detect and avoid counterfeit electronic parts and suspect counterfeit electronic parts.

i. Flow down of counterfeit detection and avoidance requirements.

j. Process for keeping continually informed of current counterfeiting information and trends.

k. Process for screening the Government-Industry Data Exchange Program (GIDEP) reports and other credible sources of counterfeiting information.

l. Control of obsolete electronic parts.

The contractor is expected to maintain an approved counterfeit electronic Part Detection and Avoidance

System in accordance with DFARS 252.246-7007.

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3.2.5 SOURCE RESTRICTION COMPLIANCE – The contractor shall ensure that all products/components provided under this contract are in accordance with the Buy American Act, Trade

Agreements Act, and Berry Amendment, as applicable. Note that for this procurement, contractors shall only provide end items that are manufactured or substantially transformed in the United States or a

Qualifying or Designated country, as set forth in the regulations that may apply to certain specific products. The contractors must be aware of which provision applies at the time that they submit their quote and comply with the applicable statute, law, or regulation.

3.2.5.1 Source Restriction Compliance Plan: The contractor must have a plan for monitoring suppliers’ compliance to the Sourcing Restrictions contained in the contract: Buy American Act, Preference for

Certain Domestic Commodities/Berry Amendment, Trade Agreements Act, and Restrictions on Certain

Foreign Purchases. Note contractors shall only provide end items that are manufactured or substantially transformed in the United States or a Qualifying or Designated country, as set forth in FAR 25.003 and

DFARS 225.003. Unless the Berry Amendment applies to the end item, the Contracting Officer may waive the requirement to supply U.S.-made, Qualifying or Designated country end product at his or her sole discretion under circumstances where offers of U.S.-made, Qualifying country, or Designated country end products from responsible offerors are either not received or are insufficient to fill the

Government's requirements.

The contractor must be aware of which provision applies at the time that they submit their quotes and comply with the applicable statute, law, or regulation. The contractor's Source Restriction Compliance

Plan must include each of the following required elements and must be maintained and actively employed throughout the life of the contract:

a. Procedures to confirm the source of material. The plan must detail and ensure all products supplied will comply with the source restriction requirements, material component(s), country of origin, and place of manufacture.

b. Flow-down. The plan must detail and ensure this process and clauses are communicated with suppliers (as well as product manufacturers and any other relevant participant in the supply chain).

c. Audit procedures. The plan must detail and ensure assessments are conducted such that the supplies delivered comply with source restriction requirements of any resultant contract under this solicitation.

d. Remedies. The plan must detail and ensure actions will be taken in the event delivered items to the customer are subsequently found to be in violation of the source restriction requirements.

The contractor must provide evidence demonstrating compliance upon request. The plan is subject to regular and random audits. Violations detected during performance could result in Government non-acceptance of materials and non-payment to the contractor for the non-conforming items.

3.2.6 WARRANTY, RETURN, AND DISCREPANT ORDERS – In addition to the warranties contained in FAR 52.212-4(o) and FAR 52.246-17, the contractor must provide at least the same warranty terms, including offers of extended warranties, offered to the general public in customary commercial practice for the items acquired under the contract.

Material return and replacement policy shall be in accordance with the following:

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1). The contractor will accept returns and, if the authorized customer still requires the product(s), replace the product(s) under the following conditions:

a. Incorrect products were shipped;

b. Products were damaged in shipment;

c. Products arrived with concealed shipping damages;

d. Products which are recalled, regardless of level of recall, except when the manufacturer’s policy states otherwise, in which case the manufacturer’s disposition instructions will be followed;

e. Other returns consistent with the contractor’s normal return policy to include return of excess material ordered by the customer based on a project estimate.

2). The contractor shall provide disposition instructions to the customer within 15 days of notification of receipt of discrepant goods; after 15 days of notification the customer may return the discrepant material to the contractor’s address at the contractor’s risk and expense, regardless of whether the contractor has furnished disposition instructions. Expense incident to the examination and testing of materials or supplies that have been rejected will be charged to the contractor. The Contracting

Officer or representative will coordinate discrepancy resolution.

3.2.7 LIMITATION ON PASS-THROUGH-CHARGES: The contractor shall not be entitled to payment for excessive pass-through charges and shall exclude excessive pass-through charges in the contract price and in any invoices submitted. Excessive pass-through charges are charges resulting from or attributable to the contractor's or its' subcontractors' effort when that effort did not add substantive value to the work performed under the contract. The Contracting Officer shall determine if excessive pass-through charges exist. The contractor has the burden of establishing, to the Contracting Officer's satisfaction, the value it or its subcontractors at any tier added to the work performed under the contract. In the event that the government discovers potential excessive pass-through charges, the government may require the contractor to submit invoices and other documentation from all tiers to substantiate the value added at each tier; the contractor's failure to provide acceptable documentation substantiating value added is sufficient, without more, to establish that excessive pass-through charges exist. If the Contracting Officer determines that excessive pass-through charges exist, the Government shall be entitled to a prospective price reduction and a retroactive refund for the amount of excessive pass through charges included in the contract price. The Contracting Officer, or authorized representative, shall have the right to examine and audit all the contractor's records (as defined at FAR 52.215-2(a)) relevant to the existence of excessive pass-through charges; failure to exercise this right shall not constitute a defense to a determination of excessive pass-through charges or the Government's assertion of remedies.

3.2.8 DISCOUNTS AND REBATES: It is anticipated that each IEC contractor shall be aggressive as possible in pursuing all discounts and rebates. IEC contractors shall guarantee that the Government received discounts and rebates equal to or better than the offerors most favored commercial customers with similar sales.

3.2.9 PERFORMANCE METRIC: QUOTE RATE - The contractor shall be evaluated on contractor competitiveness and participation, which includes statistics on how often a contractor submits a winning quote as well as how often a contractor submits a no-bid/quote or does not respond to the Order Request for Proposal (RFP) at all. Other-than-small-business contractors must submit quotes on eighty-five percent

(85%) of the unrestricted order RFPs to remain in good standing. Small business contractors must submit quotes on seventy percent (70%) of the order RFPs including those that are set-aside one hundred percent

(100%) for small businesses. However, if there is a situation where no small business company can propose to an order that was set-aside for small businesses, then that order RFP will not count against any of the

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Issue: 06 September 2019 small businesses’ quote rate. Also, in the event that a Fair Opportunity is not given, because of an exception as outlined in FAR 16.505(b)(2), then that order RFP will not count against any contractor’s quote rate.

The contractor shall have adequate personnel to respond to the order RFPs with the ability to expand in response to increased sales volume. Failure to meet this requirement shall subject a contractor to the off-ramp terms under this contract. The Government also reserves all rights and remedies provided under the contract in the event the contractor/vendor fails to meet this material requirement.

The Government may select a system or system tool to capture the data necessary to evaluate the contractor’s performance. If the Government decides to use a system/system tool, such as the Enterprise

Linked Logistics Information Source (ELLIS), the contractor is required to use that system/system tool as directed by the Government.

3.3 PROGRAM AND DATA MANAGEMENT

3.3.1 MANAGEMENT AND PERSONNEL ORGANIZATION – The contractor shall be responsible for supplying all items within the scope of the contract. The contractor shall be available for the day to day management of the program, including order tracking and problem resolution for any quality issues, quantity discrepancies, and disputes. At a minimum, contractors shall designate a dedicated program manager or equivalent, who will be responsible for the communication, coordination, and successful delivery of the supplies ordered on the contract. The contractor’s program manager, or equivalent, shall serve as the primary point-of-contact (POC) for status and resolution of all contract management, implementation, and technical matters. The contractor’s program manager shall be available to the

Government available Monday through Friday between the hours of 9:00 AM and 3:00 PM EST to provide support. It is expected that contractor’s program manager respond to the Government within one

(1) day, but shall respond to Government inquiries within three (3) business days, unless otherwise communicated to the Government (e.g. the contractor’s program manager will be on leave). The contractor’s program manager must provide the Government support by telephone and/or email correspondence. At a minimum, the Government must have a name, valid phone number and email of the contractor’s program manager.

The program manager, or equivalent, serves as the contractor’s single representative, and shall interface with the Government Contracting Officer, Government management personnel, and other agency representatives. The program manager, or equivalent, shall be technically proficient and have a thorough knowledge of, at the minimum, the contractor’s distribution network, processes, and orders under this effort including statuses, quality issues, discrepancies, and any other administrative actions under this contract.

3.3.2 TECHNICAL SUPPORT – The contractor shall have technical expert(s) available to promptly provide technical support and assistance for each item offered to the Government. The contractor’s technical expert shall respond to all technical inquiries within three (3) business days of receipt of inquiry.

The technical expert(s) shall have, at a minimum, three (3) years of relevant experience. The contractor must have technical experts available Monday through Friday between the hours of 9:00 AM and 3:00

PM EST to provide support by telephone and/or email correspondence. At a minimum, the Government must have a name, valid phone number and email of the contractor’s technical expert/support. Technical experts are expected to provide advice on the resolution of technical concerns, including concerns with the Technical Data Package and resolution provided below in sections 3.5, 3.6, 3.7, and 3.11.

3.3.3 PRODUCTION STATUS REPORT (PSR) – The contractor shall report on the progress of all open delivery orders. The purpose of the PSR is to report actual deliveries and schedules, identification of

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Issue: 06 September 2019 problem areas with potential solutions, identification of future plans, and other areas the Contracting

Officer deems significant to meeting on-time delivery goals and metrics. The contractor shall submit to the Government a monthly PSR in accordance with the guidelines of the contract data requirements list

(CDRL) for DI-MGMT-81255. The PSR includes, at a minimum, the Delivery Order Report. As applicable, the PSR can also include a Corrective Action Report.

Delivery Order Report: The contractor shall provide a consolidated monthly report regarding specific delivery order status (schedule data, delays, etc.). This delivery order report will include all delivery order information for the life of the contract. Reports may use a standard format (Appendix E) that is provided by the Government. Reports are due by the 5th of the following month reporting period. The reports shall be delivered by email using the standard report format (Appendix E) or a contractor selected format compatible with Microsoft Office 2010 (Excel) or current version identified by the Government. The contractor shall provide these reports at no additional cost to the Government.

Corrective Action Report: When a contractor or the Government identifies a problem area, the contractor shall develop a Corrective Action Report. Data required for this Corrective Action Report shall include:

Finding: A statement of the problem.

Recommendation: Proposed corrective action.

Corrective Action: Course adopted to correct the problem.

Status: Status of activity aimed at correction of the problem to be included in the PSR.

3.3.4 PROGRAM MANAGEMENT REVIEWS – When requested by the Government, the contractor shall participate in Program Management Reviews (PMRs). The Government may elect to perform annual

PMRs or hold them as frequently as needed. The Government anticipates having a minimum of three (3)

PMRs with each awardee during contract performance. The PMRs can be held at a contractor location or a Government facility as determined by the Government. PMRs will be a minimum of two days but the length will be decided at least three weeks prior to scheduled date. During the PMRs the contractor shall present the following:

a. A history of the items the company supplies.

b. Provide pertinent packaging instructions for items that require special packaging for any new items requiring special packaging.

c. Delivery schedule and status for all awarded products pending delivery to the Government.

d. Any issues/notifications related to items identified as End of Life or with projected obsolescence.

e. Any additional production issues that have occurred or are foreseen in the near future.

3.3.5 POST AWARD CONFERENCE – Within thirty (30) days after contract or delivery/task order award, a Post Award Orientation Conference may be convened by the Contracting Officer if necessary.

The conference shall be conducted in accordance with FAR 42.503 procedures. The purpose of the conference is to ensure mutual understanding of the contract requirements and proposed work, review general approaches, schedule and level of effort, and to provide any necessary clarification.

3.3.6 PERFORMANCE METRIC: ON-TIME DELIVERY – The contractor must maintain a minimum ninety (90%) on-time delivery rate (units delivered on-time versus total units delivered). An order is considered to be on-time when one of the following occurs within the timeframe specified in the delivery order: the contractor has delivered the full quantity to the customer delivery point or the full quantity has been accepted by the Government as indicated on DD Form 250/Receiving Report, which is currently located in the Procurement Integrated Enterprise Environment (PIEE). For orders that cannot be delivered

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Issue: 06 September 2019 on-time or filled in total, the contractor shall inform the Contracting Officer immediately, and indicate the situation in the Delivery Order report, and follow up with a Corrective Action Report.

3.4 HARDWARE REQUIREMENTS

The contractor shall procure or produce the items in the quantity set forth in the delivery orders issued by the Contracting Officer in accordance with the documents listed above and this SOW, and any specific technical requirements stated at the order level.

3.4.1 ALTERNATE ITEMS - A contractor proposing an alternate item shall furnish with its offer legible copies of all drawings, specifications, or other data necessary to clearly describe the characteristics and features of the alternate product being offered. Data submitted shall describe design, materials, performance, function, interchangeability, inspection and/or testing criteria, and other characteristics of the offered product. In addition, if offered, the contractor shall furnish drawings and other data describing the design, materials, etc. of the exact product cited in the RFP. The offeror/contractor should also provide a cross reference list/matrix comparing the features and capabilities of the alternate item offered to the exact item listed on the RFP.

Failure to provide a complete technical data package sufficient to establish that the alternate item is an acceptable substitute to the item requested shall be grounds to exclude the alternate item from consideration. All information supporting the alternate shall be provided by the contractor prior to the

RFP closing date to be considered for award of the delivery order.

In the event that an offer for an alternate item is received in accordance with the terms of the contract, the

Government will review the alternate item for acceptability within thirty (30) calendar days of receiving a sufficient technical data package. If the Government determines that the alternate item offered will meet its requirements, the Government may award based on the alternate item in lieu of the item originally requested, without further negotiations or amendments to the RFP, if the alternate item offers the best value to the Government based on the criteria stated in the relevant RFP. If the Government determines that the alternate item will not meet its requirements, the offer will not be eligible for award.

3.4.1.1 Alternate Items Without a Corresponding RFP - If in the Government’s interest, a technical package for an alternate item may be evaluated if submitted without a pending delivery order RFP. It is advised that the contractor submit such alternate item technical packages upon reviewing the quarterly projections.

3.4.2 PACKAGING - Preservation, packing and marking for shipment shall be in accordance with

American Society for Testing and Materials (ASTM) D3951-18, Standard Practice for Commercial

Packaging, Level of Protection (LOP): Commercial, Level of Pack (LPK): Commercial, Quantity Unit

Pack (QUP): 001 unless otherwise indicated differently in the order RFP, TDP, or supplemental technical requirements. Radio Frequency Identification (RFID) Requirements shall be in accordance with Section

F of the contract. Marking shall be in accordance with MIL-STD-129R.

3.4.2.1 Wood Packaging Material (WPM) –WPM includes but is not limited to pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frames and cleats. This requirement excludes materials that have undergone a manufacturing process, such as corrugated fiberboard, plywood, particleboard, veneer, and oriented strand board (OSB).

All WPM shall meet the requirements of International Standards for Phytosanitary Measures (ISPM)

Number 15, “Regulation of Wood Packaging Material in International Trade”.