W519TC25R0006 Supp Charge - RFP.pdf

SOLICITATION, OFFER AND AWARD 1. This Contract Is A Rated Order Under

DPAS (15 CFR 700)

Rating Page of Pages

2. Contract Number 3. Solicitation Number 4. Type of Solicitation 5. Date Issued 6. Requisition/Purchase Number Sealed Bid (IFB)

Negotiated (RFP)

7. Issued By Code 8. Address Offer To (If Other Than Item 7)

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

SOLICITATION

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in until (hour) local time (Date).

Caution - Late Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. For Information A. Name B. Telephone (No Collect Calls) C. E-mail Address

Call: Area Code Number Ext.

11. Table Of Contents

(X) Sec. Description Page(s) (X) Sec. Description Page(s)

Part I - The Schedule Part II - Contract Clauses A Solicitation/Contract Form I Contract Clauses

B Supplies or Services and Prices/Costs Part III - List Of Documents, Exhibits, And Other Attach.

C Description/Specs./Work Statement J List of Attachments D Packaging and Marking Part IV - Representations And Instructions E Inspection and Acceptance K Representations, Certifications, and F Deliveries or Performance Other Statements of Offerors G Contract Administration Data L Instrs., Conds., and Notices to Offerors H Special Contract Requirements M Evaluation Factors for Award

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. Discount For Prompt Payment 10 Calendar Days (%) 20 Calendar Days (%) 30 Calendar Days (%) Calendar Days (%) (See Section I, Clause No. 52.232-8)

14. Acknowledgment of Amendments (The offeror acknowledges Amendment No. Date Amendment No. Date receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

15A. Name and Code Facility 16. Name and Title of Person Authorized to Sign Offer Address of (Type or Print) Offeror

15B. Telephone Number 15C. Check if Remittance Address is 17. Signature 18. Offer Date Area Code Number Ext. Different From Above – Enter such

Address In Schedule

AWARD (To be completed by Government)

19. Accepted As To Items Numbered 20. Amount 21. Accounting And Appropriation

22. Authority For Using Other Than Full And Open Competition: 23. Submit Invoices To Address Shown In Item

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

24. Administered By (If other than Item 7) Code 25. Payment Will Be Made By Code

26. Name of Contracting Officer (Type or Print) 27. United States Of America 28. Award Date

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION Standard Form 33 (Rev. 9-97) Previous edition is unusable Prescribed By GSA-FAR (48 CFR) 53.214(c)

W519TC-25-R-0006

X

2025MAR2412:00pm

DOA6

SEE SCHEDULE

W519TC

ARMY CONTRACTING COMMAND - RI

ROCK ISLAND, IL 61299-8000

NATHANIEL A. GILLETTE

(309)782-0000

CCRI

NATHANIEL.A.GILLETTE.CIV@ARMY.MIL

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CONTINUATION SHEET

Reference No. of Document Being Continued Page of

Name of Offeror or Contractor:

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SECTION A - SUPPLEMENTAL INFORMATION

Buyer Name: NATHANIEL A. GILLETTE

Buyer Office Symbol/Telephone Number: CCRI/(309)782-0000

Type of Contract 1: Fixed Price with EPA - Established Prices

Kind of Contract: Supply Contracts and Priced Orders

*** End of Narrative A0000 ***

1. The Army Contracting Command, Rock Island (ACC-RI), has a requirement to procure the following items:

CLIN DESCRIPTION NSN P/N

0001 TNT Supplementary Charge 1320-00-824-0811 8797090

0002 PBXN-9 Supplementary Charge 1320-01-583-1139 13066709

2. The solicitation utilizes a Lowest Priced Technically Acceptable (LPTA), in accordance with FAR 15.101-2, approach to determine technically acceptable awardees proposing the lowest prices that offer the best value to the United States Government (USG). Section L provides specific instructions to Offerors regarding preparation and submittal of proposals. Evaluation of the proposals shall be in accordance with the criteria stated in Section M. As a result of this solicitation, the USG intends to award up to three, Fixed Price with Economic Price Adjustment (FP EPA), Indefinite Delivery Indefinite Quantity (IDIQ) contracts with five (5), one-year ordering periods. The USG reserves the right to make one single award, or two (2) awards, if determined to be in the best interest of the USG.

3. This solicitation is restricted to the U.S., its outlying areas, or Canada as authorized by 10 U.S.C. 3204(a)(3) and FAR 6.302-3

Industrial Mobilization; Engineering, Development, or Research Capability; or Expert Services. The applicable Justification and

Approval, Control Number 24-007, was approved on 19 December 2024. Below are the approved sources for TNT and PBXN-9 components:

TNT:

Nitro-Chem, Poland

Solar Industries, India

Thales- Mulwala, Australia

PBXN-9:

BAE-OSI, Holston Army Ammunition Plant (HSAAP), Kingport, TN

4. Each IDIQ contract will include 5 (five) Ordering Periods (OP) from Date of Award through 1,825 Days after Award (DAA). Following are the dates for each of the Ordering Periods (OP) for each item included in this solicitation.

OP 1 Date of Award + 365 DAA

OP 2 366 DAA - 730 DAA

OP 3 731 DAA 1,095 DAA

OP 4 1,096 DAA 1,460 DAA

OP 5 1,461 DAA 1,825 DAA

5. During the life of the OPs for this contract, the USG is entitled to order a maximum dollar amount of $377,724,957.14, inclusive of all CLINs.

6. The Minimum Guaranteed Amount (MGA) for each IDIQ contract awarded as a result of this solicitation is $5,000.00. In accordance with

(IAW) FAR 16.504(a)(2), Indefinite-quantity contracts, each successful Offeror will receive the MGA and shall provide a process map at the time of contract award. The MGA will be included in the first delivery order. Subsequent to award of the IDIQ contracts, as firm requirements arise, delivery orders will be competed amongst the awardees of the base IDIQ contracts.

7. Quantities and delivery schedules will be listed in the delivery order(s) issued for each IDIQ contract. All prices should be entered in Attachment 0001 - TNT - PBXN-9 PRICE MATRIX. Prices not entered on the Price Matrix will not be considered. First Article Test (FAT) costs are required to be included for each Ordering Period. Offerors should not assume FAT will be waived and must provide FAT cost as required to be considered for award. However, the USG reserves the right to require or waive FAT throughout the life of the contract.

8. Inspection/Acceptance/Free on Board (FOB) Point for production shall be Origin/Origin/Origin. See Section F, "Deliveries or

Performance". The USG confirms that production quantities, where transportation protective services or transportation security is required by other provisions of the contract, shall be delivered FOB origin and shipped Government Bill of Lading.

9. Only ACC-RI is authorized to issue delivery orders under the resultant contract(s).

10. Offerors may submit questions via email to the Contract Specialist, Mr. Nate Gillette (nathaniel.a.gillette.civ@army.mil) and the

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Contracting Officer Ms. Anna Whitcomb (anna.e.whitcomb2.civ@army.mil). Questions must be received by March 03, 2025 1200 CST to ensure _____________________________ answers will be provided.

11. These items are determined to be hazardous; therefore, the USG may request a Pre-Award Safety and Security Survey.

12. Offerors are advised to carefully read Sections L and Section M before submitting their proposals. Data requested for evaluation has been clearly identified in the Section L narrative. All Offerors are responsible for ensuring that their proposals contain all the information to be included per this solicitation and will permit a complete and accurate evaluation of the proposal. Offerors should ensure all fill-ins and blanks are complete within the solicitation. Offerors should ensure that any proposal submitted in response to this solicitation and any issued amendments include all information required by the solicitation. The USG will not make assumptions concerning an Offeror's intent, capabilities, facilities or experience. The Offeror is responsible for understanding all requirements of the solicitation. Any Offeror submitting a proposal agrees by submission that its proposal and the process contained therein will be valid for 210 days after receipt of the proposal. Evaluation of offers shall be in accordance with the evaluation guidelines and specific evaluation procedures in Section M of this solicitation. All Offerors shall submit their proposals and any proposal revisions, if required, in strict accordance with the instructions set forth in the solicitation and any issued amendments. The USG must be able to access information along with any submitted changes within proposals readily and easily and will not be responsible for not being able to view necessary information that was not submitted in accordance with the instructions set forth in the solicitation.

13. The USG intends to award without discussions (see FAR 52.215-1(f)(4)). However, the USG reserves the right to open discussions. In the event the USG determines discussions are necessary, the PCO shall establish a competitive range comprised of the most highly rated proposals. Only those Offerors within the competitive range will be included in discussions and considered for an award.

14. USG Owned USG Operated (GOGO) facilities will be allowed to compete for the requirements outlined in this Solicitation under the

Army Arsenal Act. GOGOs will be required to submit two Price Matrices (Attachment 0001): one for unburdened prices and one for burdened prices. The USG will evaluate the unburdened price to determine a total evaluated price. The unburdened total evaluated price will be compared to other Offerors' prices. GOGOs must submit all required proposal information for each Factor as outlined in this solicitation. GOGOs will be evaluated in the same manner as other Offerors and must receive an acceptable rating to continue to the next phase. If a GOGO receives an award, it will not be issued an IDIQ contract but rather will be listed as an awardee. When additional requirements arise it will receive the same contemplation letters as the other awardees. The GOGOs response to a contemplation letter must include a burdened price and an unburdened price and the USG will evaluate the unburdened price for competition of future Delivery

Orders awards. If a GOGO is awarded a future requirement, a purchase request will be issued.

15. Note for Other than Small Businesses ONLY. Other than Small Business Offerors shall submit a Small Business Subcontracting Plan as required by FAR 19.7 (FAR Clause 52.219-9 Alt II, Small Business Subcontracting Plan).

16. An Offeror is required to be registered in the System for Award Management (SAM) database when submitting an offer and shall continue to be registered until time of award, during performance, and through final payment of any contract resulting from this solicitation.

17. Clauses and provisions from the FAR and supplements thereto are incorporated into this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

18. The USG reserves the right to conduct a Post Award Conference after contract award.

19. Offerors are responsible to check with the Contracting Officer and/or Contract Specialist to ensure that the proposal submitted has been received by the Contracting Officer and/or Contract Specialist. This must be done by the date/time set in the solicitation for receipt of offers.

20. The Government will not reimburse Offerors for incurred costs associated with preparation of proposals.

21. This solicitation should not be discussed with any USG employee except the Contracting Officer, Ms. Anna Whitcomb, or her representative, Mr. Nate Gillette. Failure to adhere to this restriction may be grounds to declare your firm ineligible for consideration of any award resulting from this competitive acquisition. Any formal communications such as request for clarifications, discussions, and/or information concerning this solicitation should be submitted in writing to Mr. Nate Gillette

(nathaniel.a.gillette.civ@army.mil) and Ms. Anna Whitcomb (anna.e.whitcomb2.civ@army.mil). _____________________________

Please indicate the solicitation number in the subject line.

22. The closing date and time for receipt of proposals is annotated on page one (1) of this solicitation.

*** END OF NARRATIVE A0001 ***

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Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

0001 TNT SUPPLEMENTARY CHARGE ________________________

Noun: TNT Supplementary Charge

NSN:1320-00-824-0811

P/N: 8797090

*Do not submit pricing info in Section B for any

CLIN. All pricing shall be submitted on the Price

Matrix, Attachment 0001.

FOB POINT: Origin

First Article Test (FAT)quantities will be due 180 days after delivery order award date. The Government response time to approve FAT is 30 days(210 days after delivery order award date).

Production quantities will be due 300 days after delivery order award date. If FAT is waived, production quantities will be due 210 days after delivery order award date.

The days listed above apply only to the first delivery order. On all subsequent delivery orders the USG reserves the right to waive additional

FATs should the contractor request one.

(End of narrative B001)

0002 PBXN-9 SUPPLEMENTARY CHARGES ____________________________

Noun: PBXN-9 Supplementary Charge

NSN: 1320-01-583-1139

P/N: 13066709

FOB POINT: Origin

First Article Test (FAT) quantities will be due

180 days after delivery order award date. The

Government response time to approve FAT is 30 days (210 days after delivery order award date).

Production quantities will be due 300 days after delivery order award date. If FAT is waived, production quantities will be due 210 days after delivery order award date.

The days listed above apply only to the first delivery order. On all subsequent delivery orders

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Reference No. of Document Being Continued

MOD/AMD

the USG reserves the right to waive additional

FATs should the contractor request one.

(End of narrative B001)

0003 CDRL TNT AND PBXN-9 SUPPLEMENTARY CHARGES _________________________________________

Exhibit A is for TNT: Contractor will prepare and deliver the technical data in accordance with the requirements, quantities and schedule set forth in the Contract Data Requirements List (DD Form 1423), Exhibit A.

Exhibit B is for PBXN-9: Contractor will prepare and deliver the technical data in accordance with the requirements, quantities and schedule set forth in the Contract Data Requirements List

(DD Form 1423), Exhibit B.

A DD250 is only required for the Process Map.

(End of narrative B001)

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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C-1 TECHNICAL DATA PACKAGE INFORMATION, AND DISTRIBUTION AND DESTRUCTION OF RESTRICTED TECHNICAL DATA

(a) TDPs will be obtained electronically via the Contract Opportunities posting for this requirement on the Sam.Gov website. You must have an account prior to accessing any TDPs. To register for an account in Sam.Gov, please visit https://secure.login.gov/?request_id=d84abb0e-1664-4378-afa0-f29595aefb72 and select create account. The toll-free helpdesk phone number is (866)606-8220 and for International (334) 206-7828. Vendors are responsible for placing correct information in Sam.Gov.

(b) You may need to use special software to view the documents that are posted on Sam.Gov. This viewing software is freeware, available for download at no cost from commercial websites like Microsoft and Adobe. Additionally, some TDPs may require ImageR or Lucent viewers to view the TDP(s) and are available as freeware at:

ImageR Viewer: http://g6msd.redstone.army.mil

Lucent Viewer: http://www.ec-edi.com/

(c) The TDP(s), TDPL(s) and their corresponding outstanding Engineering Exceptions for this solicitation will be accessible via the solicitation posting in Contract Opportunities (as described below) from the date of issue through the time specified on the solicitation for receipt of offers.

(d) FOR UNRESTRICTED TDP(s):

(1) TDPs for this solicitation are unrestricted and can be accessed electronically via the solicitation posting. The TDP and all necessary TDP documents will be posted under the Attachments / Links tab. You must have a Sam.Gov account prior to accessing the TDP.

(2) To access the TDP(s), click directly on the document you want to view under the Attachments / Links tab. You will be prompted for your username and password prior to gaining access to the TDP.

CLIN: N/A

TDPL Date: N/A

(e) FOR RESTRICTED TDP(s):

TDPs and any other related documents, if applicable, for this solicitation are restricted and can be accessed electronically via the solicitation posting, with valid Contractor login credentials. TDPs and any other related documents are posed with various options, such as Restricted and Export Control. These additional controls are described below:

(1) Access to RESTRICTED TDP(s):

TDP(s) that have been marked as Restricted can be accessed electronically via the solicitation posting, with valid Contractor login credentials. TDP(s) that have been marked as Restricted will require U.S. Government approval prior to gaining access to the requested information. To request access log in to Sam.Gov, go to the applicable solicitation under Contract Opportunities within Sam.Gov, select the Attachments / Links tab, and then click on the Request Explicit Access button. A copy of an approved DD2345 for the data custodian making the request will need to be provided to the Contracting Officer and Contract Specialist via email for this procurement in order to be approved explicit access.

Completion of a Use and Non-Disclosure Agreement form may be required prior to gaining access to the TDP. Please allow 2-3 working days to process your request. You will receive a system generated email from donotreply@sam.gov saying A Notice Manager from ACC-RI has updated your access to Controlled Documents. Click here to sign in and view the request details or go to the notice to access the

Controlled Documents. If your request is denied you will be able to see further details of why you were and how to proceed.

(2) Access to EXPORT CONTROL TDP(s)

(i) TDP(s) that have been marked as Export Control can be accessed electronically via the solicitation posting, with valid Contractor login credentials. In addition, to obtain access to these TDP(s), vendors and Contractors must have a current DD 2345, Military Critical

Technical Data Agreement on file with the Defense Logistics Information Service (DLIS). If you do not have an approved DD 2345, Military

Critical Technical Data Agreement on file with DLIS, then you will not be able to access the TDP. To obtain certification, go to https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/DD2345Instructions , click on Documents and follow the instructions provided. Processing time is estimated at five (5) working days after receipt.

(ii) TDP(s) that have been marked Export Control will require U.S. Government approval prior to gaining access to the requested information. To request access log in to Sam.Gov, go to the applicable solicitation under Contract Opportunities within Sam.Gov, select the Attachments / Links tab, and then click on the Request Explicit Access button. The requestor MUST BE the data custodian that is listed on the DD 2345. Please allow 2-3 working days to process your request. If the company MPIN changes, the user will be required to verify the MPIN again to gain access to the Export Control TDP(s). Completion of a Use and Non-Disclosure Agreement form may be required prior to gaining access the TDP. You will receive a system generated email from donotreply@sam.gov saying A Notice Manager from ACC-RI

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has updated your access to Controlled Documents. Click here to sign in and view the request details or go to the notice to access the

Controlled Documents. If your request is denied you will be able to see further details of why you were and how to proceed.

(iii) If multiple individuals in your company need access to the Export Control TDP for solicitation, it can be obtained from your data custodian listed on the DD 2345.

(iv) TDP(s) that have an Export Control Warning Notice are subject to the Arms Export Control Act (Title 22, U.S.C., Sec 2751, et.seq.)

or the Export Administration Act of 1979. as amended, Title 50, U.S.C., App. 2401 et. seq.

CLIN: Various

TDPL Date: (PRON P23C25) 06/05/2023

TDPL Date: (PRON P23C26) 06/10/2023

(3) Further dissemination of Restricted TDP(s) must be in accordance with provisions of DoD Directive 5230.25. This also applies to distribution of the TDP to all SUBCONTRACTORS at every level.

(4) Upon completion of the purposes for which the Restricted technical data has been provided, the Contractor is REQUIRED to destroy all documents, including all reproductions, duplications, or copies thereof as may have been further distributed by the Contractor.

Destruction of this technical data shall be accomplished by: shredding, pulping, burning or melting any physical copies of the TDP and/or deletion of removal of downloaded TDP files from computer drives and electronic devices, and any copies of those files.

(f) Questions related to registration in Sam.Gov should be directed to https://fsd.gov/fsd-gov/home.do . The helpdesk phone number is

(866) 606-8820. Vendors are responsible for placing correct information in Sam.Gov. A user guide for Sam.Gov can be found here:

https://dodprocurementtoolbox.com/site-pages/contract-opportunities

*** END OF NARRATIVE C0001 ***

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SECTION D - PACKAGING AND MARKING

D-1 TNT - PACKAGING REQUIREMENTS

PRON: P23C26

NOMEN: TNT Supp Charge

PN: 8797090

NSN: 1320-00-824-0811

DODIC: DX02

(a) Packaging shall be in accordance with drawing 8861646 revision H, dated 20 APR 2018.

(b) When lot numbering is required, no more than one lot shall be packaged in an outer shipping container.

(c) Marking shall be in accordance with drawing 8861646 revision H, dated 20 APR 2018. 2-D barcodes are required in accordance with

12999545 revision K, dated 06 MAY 2021.

(d) The following shall apply to drawing 8861646 revision H, dated 20 APR 2018:

(e) PERFORMANCE ORIENTED PACKAGING (POP)

(1) Prior to shipment, the manufacturer shall make sure the container has been tested by a government approved Performance

Oriented Packaging (POP) Test laboratory for compliance with POP requirements in accordance with Title 49 Code of Federal Regulation.

Test will be to a weight at least 10% greater than the actual gross weight to be marked on the tested container. POP marking shall not be applied to the container until verified by the government. The POP test report shall be generated by the Manufacturer/Laboratory following the test. The report must be kept on file by the contractor and submitted as required by the Contract Data Requirement List.

(DI-PACK-81059) For multiyear contracts, the contractor shall re-perform POP testing at a certified test laboratory if: the initial POP test report expires before the end of the contract, or there is a change in container manufacturer or design of the exterior shipping container. No re-test is needed if all packaging was purchased during the period that the POP test was valid.

(f) EXCEPTION TO POP MARKINGS

(1) If the container is manufactured outside the USA, the contractor shall not apply the UN POP certification mark provided in this contract (if applicable). The contractor/container manufacturer (outside the USA) is responsible to perform the UN POP certification tests and apply the marking authorized by the Transportation Competent Authority of the country of manufacture.

(g) POP VERIFICATION

(1) In no case shall a container be shipped if the gross weight marked on the package is greater than the POP certified weight.

If the average gross weight of the packed containers (determined by weighing two representative samples and averaging the weight) is greater than the certified weight, container marking operations shall cease and the procuring activity shall be contacted immediately.

(h) HEAT TREAT WOOD QUALITY MARKING

(1) In accordance with the requirements of the International Standards for Phytosanitary Measures (ISPM) 15, the following commercial heat treatment process has been approved by the American Lumber Standards Committee (ALSC) and is required for all Wood

Packaging Material (WPM). Boxes/pallets and any wood used as inner packaging made of non-manufactured wood shall be heat-treated. All

WPM shall be constructed from heat treated (treated to 56 degrees Celsius -core temperature- for 30 minutes) lumber and certified by an agency accredited by the ALSC in accordance with Wood Packaging Material Policy and Wood Packaging Material Enforcement Regulations (see

URL: http://www.alsc.org ). The box/pallet manufacturer and the manufacturer of wood used as inner packaging shall ensure traceability to the original source of heat treatment.

(i) MARKING

(1) Each box/pallet shall be marked to show the conformance to the International Plant Protection Convention Standard. The quality mark shall be placed on both ends of the outer packaging, between the end cleats or end battens. Pallet markings shall be applied to the stringer or block on diagonally opposite sides or ends of the pallet and be contrasting and clearly visible. All dunnage lumber used in configuring and/or securing the load shall also comply with ISPM-15 and be marked with an ALSC approved dunnage stamp on opposite surfaces. Foreign manufacturers shall have the heat treatment and marking of non-manufactured wood products verified in accordance with the ISPM-15 compliance program.

(j) Palletization shall be in accordance with 19-48-4116/44H, revision 1, dated 01 SEP 1988. 19-48?4116, Revision 14, dated 01 December

2019, applies. This drawing is the basic palletization drawing called out in this contract. Marking shall be in accordance with

ACV00561, Revision H, dated 29 JUNE 2022. Wood Packaging Material (WPM) shall be in accordance with ACV00831 Revision A, Dated: 06 OCT

2022. 2-D barcodes are required.

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*** END OF NARRATIVE D0001 ***

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SECTION E - INSPECTION AND ACCEPTANCE

This document incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

For FAR clauses: https://www.acquisition.gov/

For DFARS clauses: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

If the clause requires additional or unique information, then that information is provided immediately after the clause title.

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

E-1 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE AUG/1996

E-2 52.246-15 CERTIFICATE OF CONFORMANCE APR/1984

E-3 52.246-16 RESPONSIBILITY FOR SUPPLIES APR/1984

E-4 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT DEC/2014

(a) The contractor shall comply with the higher-level quality standard(s) listed below.

ISO 9001:2015; only design/development exclusions permitted.

(b) The contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts in--

(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or

(2) When the technical requirements of a subcontract require--

(i) Control of such things as design, work operations, in-process control, testing and inspection; or

(ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.

(End of clause)

E-1 CRITICAL CHARACTERISTICS CONTROL

(a) The contractors processes shall be designed with the objective of preventing the creation or occurrence of non-conforming critical characteristics (see paragraphs d & e). The contractor shall establish, document and maintain a product specific, critical characteristics control (CCC) plan that shall be submitted to and approved by the Procuring Contracting Officer (PCO) IAW DD Form 1423.

The CCC plan shall include or reference all procedures, work and handling instructions and process controls relating to any critical characteristics. Mistake Proofing techniques of the material handling and inspection systems shall be a part of the CCC Plan. Guidance for developing this plan and submitting Critical Plans of Action (CPOA) (paragraph g) can be found at https://ac.ccdc.army.mil/organizations/QESA/ .

(b) The contractor shall assure its critical processes are robust in design, capable and under control, with the objective of not generating any critical non-conformances. The contractor shall calculate, document, clearly identify, and have a schedule that routinely assess the reliability and effectiveness of its critical processes to prevent generating critical non-conformances as identified in the

CCC Plan.

(c) An inspection and verification system shall be employed that will verify the robustness of all critical processes. The contractor shall calculate, document, clearly identify, and have a schedule that routinely assess the reliability and effectiveness of its inspection and verification system to detect and prevent critical non-conformance escapes as identified in the CCC Plan. The Government expects that a contractor will allow zero critical escapes. To demonstrate its critical escape risk the contractor will utilize the nonconformance escape risk goal provided below.

(1) Unless otherwise specified immediately below, the calculated critical non-conformance escape risk is 1 in a million (.000001) items delivered. Or:

Alternate calculated Critical Non-conformance Escape risk: N/A

Unless otherwise approved by the PCO, the non-conformance escape risk is the sum of the individual characteristic escape rates. The probability of escape for a single characteristic shall be calculated by multiplying the non-conformance rate(s) entering the inspection system(s) by the error rate of the inspection system(s). These escape rates are then summed and shall not exceed the tolerable critical non-conformance escape risk.

(2) Within 45 days after award, the contractor can elect to submit a phased-in approach on how the non-conformance escape risk will be achieved over a period of time not to exceed 180 days from the date of first article approval, or from initiation of production when first article is not required. Submission will require approval by the Government and is subject to a technical review and analysis.

Allowance for a phased-in approach will then become a part of the contract. Disapproval of the contractors submission does not relieve

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the contractor of its obligation to comply with the terms of this requirement.

(3) Based on the maximum error rate defined for the inspection system, the contractor shall develop a test procedure to demonstrate the error rate. As part of the test plan the contractor shall include sufficient test quantities to assure 90% statistical confidence in the resultant rates unless otherwise approved by the PCO. Once established, the contractor shall have a documented schedule to routinely monitor the non-conformance and inspection system error rates to assure they do not exceed the maximum rates allotted.

(d) As a result of previous practices, the governments technical data may refer to Critical I, Critical II, and Special characteristics.

The use of the term critical characteristics within this section includes Critical I, Critical II and Special characteristics and the use of the term critical nonconformances includes those nonconformances pertaining to Critical I, Critical II and Special characteristics. Unless otherwise stated in Section C, these characteristics shall be subject to all requirements of this section.

(e) In addition to critical characteristics defined in the governments technical data (drawings, specifications, etc.), the contractor shall also identify and document in its contractor developed technical data all known material, component, subassembly and assembly characteristics whose non-conformances would likely result in hazardous or unsafe conditions for individuals using, maintaining or depending upon the product. All additional critical characteristics identified by the contractor shall comply with the critical characteristic requirements of the technical data package, supplemented herein. The Critical Item Characteristic List (CICL) review process shall be included in the CCC Plan. The contractors additional critical characteristics shall be classified in accordance with guidance located at https://ac.ccdc.army.mil/organizations/QESA/ and shall be submitted to and approved by the PCO prior to production

(see DD Form 1423).

(f) In the event that a critical non-conformance is found anywhere in the production process, the contractor, as part of its CCC Plan, shall have procedures in place to ensure:

(1) The non-conformance is positively identified and segregated to ensure that nonconforming product does not inadvertently remain in or reenter the production process. This control shall be accomplished without affecting or impairing subsequent non-conformance analysis. Final disposition of non-conforming product shall be documented and audited for traceability.

(2) The operation that produced the non-conforming component or assembly and any other operations incorporating suspect components or assemblies are immediately stopped. (See para h. for exceptions)

(3) The government (PCO) is immediately notified of the critical non-conformance (electronic mail)(See DD Form 1423).

(4) Any suspect material is identified, segregated and suspended from any further processing and shipment.

(5) An investigation is conducted to determine the root cause of the non-conformance and the required corrective actions. An evaluation shall also be conducted with regard to suspect material to ensure that no additional critical non-conformances are present. A report of this investigation shall be submitted to the government (See DD Form 1423). The use of the DID report shall not delay notification to the government as required in f(3) above.

(6) A request to restart manufacturing or to use any suspect material associated with the critical non-conformance is submitted to the government (see DD Form 1423). Restart of production shall not occur until authorized by the PCO, unless previously addressed in the approved CCC Plan. The Government will respond to a restart request within 3 working days. All objective evidence of the investigations to date shall be available for review at the time of restart. Suspect material shall not be used without PCO approval.

(7) The procuring activity reserves the right to refuse acceptance of any suspect material until the root cause or reasonably likely cause of the critical non-conformance has been identified, corrective action has been fully implemented and sufficient evidence has been provided to exclude non-conforming material from the conforming population.

(g) The contractor may develop alternative plans and provisions, collectively referred to as a Critical Plan of Action (CPOA), relative to government or contractor identified critical characteristics. All CPOAs are independent and shall be evaluated by the government for this contract. The CPOA and any subsequent revisions submitted IAW DD Form 1423 require PCO approval prior to implementation. Unless otherwise specified at time of approval, contractor shall review and evaluate CPOAs for currency and process improvements at least on an annual basis and submit results to the PCO. Unless otherwise approved by the PCO, each critical characteristic shall require a separate

CPOA. If the CPOA includes other documents by reference they shall be submitted upon request. Guidance for the development of a CPOA can be found in the referenced guidance located at paragraph a of this section.

(h) The contractor may continue production with an approved CPOA provided that the critical non-conformance is consistent with the failure mode(s) and rates established in the CPOA. Failure to meet all CPOA requirements will require the contractor to revert back to paragraph f requirements.

(i) If a critical non-conformance is discovered beyond its designated inspection point and prior to Government acceptance the contractor shall take actions specified in paragraph f above. If a critical non-conformance is discovered after Government acceptance the

Government has the right to invoke the requirements of paragraph f with respect to the contractors remaining production under this contract.

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E-2 MIL-STD-1916

The Department of Defense (DoD) Preferred Methods for this Acceptance of Product, MIL-STD-1916, shall be used for this procurement action. All references to MIL-STD-105, MIL-STD-414, MIL-STD-1235, and ANSI Z1.4 appearing in the Technical Data Package (TDP) are replaced by MIL-STD-1916. Verification Levels (VL) shall replace AQLs and shall be VL IV for major characteristics and VL II for minor characteristics.

E-3 STATISTICAL PROCESS CONTROL

Part I General Statistical Process Control Requirements

(a) In addition to the quality requirements of the technical data package, the Contractor shall implement Statistical Process Control

(SPC) in accordance with a government accepted SPC Program Plan. Control chart techniques shall be in accordance with the American

National Standards Institute (ANSI) B1, B2 and B3. Alternate SPC charting methods may be proposed and submitted to the Government for review.

(b) The SPC Program Plan developed by the contractor shall consist of a general plan and a detailed plan. The plans shall be structured as delineated on the Data Item Description referenced in the DD Form 1423. The general and the detailed plans shall be submitted to the government for review per DD Form 1423 requirements. Notification by the Government of acceptance or nonacceptance of the plans shall be provided in accordance with the timeframes specified on the DD Form 1423. Once a general plan for a facility has been approved by this

Command, the approval remains in effect for subsequent contracts as long as the contractual requirements remain substantially unchanged from contract to contract. Therefore, resubmission of a previously accepted general SPC plan is not required if current SPC contract requirements and Data Item Description (DID) requirements are fulfilled. If this Command has previously accepted the general SPC plan under essentially the same SPC contractual requirements, so indicate by providing the Contracting Officer with the following information:

Date of Acceptance ______________

Contract Number(s) ______________

(c) The contractor is responsible for updating the general plan to current SPC contractual requirements. If errors or omissions are encountered in a previously accepted SPC general plan, opportunities for improvement will be identified by the Government, and corrective action shall be accomplished by the contractor.

(d) A milestone schedule will be submitted for those facilities who do not have, or have never had, a fully implemented SPC program and will not have a fully operational SPC program once production is initiated. The milestones shall provide a time phased schedule of all efforts planned relative to implementation of an SPC program acceptable to the Government. A milestone schedule shall include implementation start and complete dates for those SPC subjects addressed in the Statistical Process Control requirement located in Part

II of this section. The milestone schedule shall only include those actions that cannot be accomplished prior to first article or the initiation of production, if a first article is not required. Milestones shall be developed for each commodity identified for SPC application. Milestones shall be submitted through the Government Quality Assurance Representative to the Contracting Officer for review and acceptance. Any deviations from the accepted milestones, to include justification for such deviations, shall be resubmitted through the same channels for review. The Government reserves the right to disapprove any changes to the previously accepted milestones.

Notification by the Government of the acceptance or nonacceptance of the milestones shall be furnished to the Contractor by the

Contracting Officer.

(e) The Contractor shall review all process and operation parameters for possible application of SPC techniques. This review shall include processes and operations under the control of the prime contractor and those under the control of subcontractor or vendor facilities. A written justification shall be included in the detailed plan for each process and operation parameter that controls or influences characteristics identified as critical, special, or major which have been deemed impractical for the application of SPC techniques. A pamphlet on application of SPC for short production runs is available through the Contracting Officer.

(f) Statistical evidence in the form of control charts shall be prepared and maintained for each process or operation parameter identified in the detailed plan. These charts shall identify all corrective actions taken on statistical signal. During production runs, control charts shall be maintained in such a manner to assure product is traceable to the control charts. At the conclusion of the production run, a collection of charts traceable to the product, shall be maintained for a minimum of 3 years. The control charts shall be provided to the Government for review at any time upon request.

(g) When the process or operation parameter under control has demonstrated both stability and capability, the Contractor may request, in writing, through Administrative Contracting Officer (ACO) and Contracting Officer (CO) channels to the Product Assurance and Test

Directorate, that acceptance inspection or testing performed in accordance with contract requirements be reduced or eliminated. Upon approval by the CO, acceptance shall then be based upon the accepted SPC plan, procedures, practices and the control charts.

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(h) The Government will not consider requests for reduction or elimination of 100% acceptance inspection and testing of if any one of the following conditions exist:

(1) The existing process currently utilizes a fully automated, cost effective, and sufficiently reliable method of 100% acceptance inspection or testing for an attribute-type critical parameter or characteristic.

(2) The Contractor utilizes attribute SPC control chart methods for the critical parameter or characteristic.

(3) The critical parameter or characteristic is a first order, single point safety failure mode (nonconformance of the critical parameter or characteristic in and of itself would cause a catastrophic failure).

(i) The Government will only consider reduction or elimination of the 100% acceptance inspection or test requirement for other critical parameters or characteristics if either of the following conditions are met:

(1) The process is in a state of statistical control utilizing variable control chart methods for the critical parameter or characteristic under control and the process performance index (Cpk) is at least 2.0. The Contractor shall maintain objective quality evidence through periodic audits that the process performance index is being maintained for each production delivery.

(2) The critical parameter or characteristic is conclusively shown to be completely controlled by one or more process or operation parameters earlier in the process, and those parameters are in a state of statistical control utilizing variable data, and the product of the probability of the conformance for each earlier parameter associated to the critical characteristic is better than or equal to a value equivalent to that provided by a Cpk of at least 2.0. The Contractor shall maintain objective quality evidence through periodic audits that the process performance indexes are being maintained for each production delivery.

(j) For characteristics other than critical, requests for reduction or elimination of acceptance inspection and testing shall be considered when the process performance index is greater than or equal to a Cpk of 1.33 for variables data. Requests shall be considered for attributes data when the percent beyond the specification limits is less than or equal to .003 (Cpk=1.33).

(k) Process or operation parameters under reduced or eliminated inspection or testing that undergo a break in production less than 6 months in length, may continue to operate under reduced or eliminated inspection or testing provided there has been no degradation below a Cpk of 1.33 (2.0 for criticals). Any break in production greater than 6 months shall require resubmission of the request for reduction or elimination of inspection or testing through the same channels cited in paragraph (g) above.

(1) Not used.

(m) Immediately following a change to a process or operation parameter under reduced or eliminated inspection, the process capability

(Cp) or process performance indexes (Cpk) shall be recalculated and documented for variable data; the grand average fraction defective shall be recalculated for attribute data. If any of these values have deteriorated, immediate notification shall be made to the

Government along with the associated documentation. Return to original inspection and test requirements may be imposed as stipulated in paragraph n below.

(n) The Government reserves the right to withdraw authorization to reduce or eliminate final acceptance inspection or testing and direct the Contractor to return to original contract inspection or test procedures at any indication of loss of process control or deterioration of quality.

Part II Detailed requirements pertaining to plan submittal

In accordance with DD Form 1423 and Part I of this section, the following supplemental information shall be considered and used when designing your general and detailed SPC plans.

1.0 General Management Plan

This section shall define managements SPC responsibilities and involvement and shall include managements commitment to continuous process improvement. The plan shall embrace a total commitment to quality and shall be capable of standing on its own merit.

1.1 Policy/Scope:

Describe the Contractors policy for applying SPC, including goals and management commitment to SPC.

1.2 Applicable Document:

List documents that are the basis for the contractors SPC program (i.e., ANSI standard, textbooks, Government documents).

1.3 SPC Management Structure:

Define the SPC management structure within the organization. Identify and include interrelationships of all departments involved in SPC

(i.e., Production, Quality, Engineering, Purchasing, etc.) Identify by job title or position all key personnel within departments involved in the application of SPC. Describe which functions are performed by key personnel and when these functions are performed

(i.e., include personnel responsible for performing inspections/audits, charting and interpreting data; personnel responsible for

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determining, initiating and implementing corrective action upon detecting assignable causes, etc.)

1.4 SPC Training:

Identify by job title or position the primary individual responsible for overseeing that SPC training is accomplished. Describe the qualification program required and in use for all personnel utilizing SPC techniques, including the qualification of trainers. Identify who is to be trained and the type, extent and length of such training (i.e., on-the-job, classroom, etc.). Identify when refresher training is required and how personnel using SPC techniques are monitored.

1.5 Manufacturing Controls:

Identify the criteria for performing SPC gage capability studies and describe how and when these studies are applied. Repeatability and accuracy of gages should be addressed.

1.6 Determination of SPC Use:

Describe how the process/operation parameters are determined appropriate for SPC application and explain what actions are taken if SPC is not deemed appropriate for critical, special and major process/operation parameters (i.e., Pareto analysis; analysis of characteristics with tight tolerances, etc.)

1.7 Process Stability…