W52P1J17R0097_-_FINAL_RELEASE.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)

W52P1J-17-R-0097 X

2018MAY01

2018MAY3112:00pm

DOA6

2018MAY01 SEE SCHEDULE

W52P1J

ARMY CONTRACTING COMMAND - RI

ROCK ISLAND, IL 61299-8000

BLDGS 60 & 62

BENJAMIN C. RIESSEN

(309)782-5225

CCRC-AR

BENJAMIN.C.RIESSEN.CIV@MAIL.MIL

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X 1

X 4 X 6

X 10 X 12 X 26

X 34

X 36

X 37

X 55

X 56

X 63

X 71

CONTINUATION SHEET

Reference No. of Document Being Continued Page of

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION A - SUPPLEMENTAL INFORMATION

Buyer Name: BENJAMIN C. RIESSEN

Buyer Office Symbol/Telephone Number: CCRC-AR/(309)782-5225

Type of Contract 1: Firm Fixed Price

Kind of Contract: Supply Contracts and Priced Orders

*** End of Narrative A0000 ***

SOLICITATION NUMBER

W52P1J-17-R-0097

North American Industry Classification System (NAICS)

Code- 325998 (All Other Miscellaneous Chemical Product and Preparation Manufacturing)

1. This solicitation is for the following item:

Nomenclature: MK-124 MOD 1 Signal, Smoke, and Illumination

NSN: 1370-01-550-1355

DODIC: LA60

2. This solicitation will be competed as a total Small Business Set-Aside (SBSA). It is the Government's intent to award one Firm-Fixed-

Price (FFP), Indefinite Delivery Indefinite Quantity (IDIQ) contract using range pricing. The proposed contract will include five priced ordering periods from the projected award date in the 4th quarter of Fiscal Year (FY) 2018 through FY 2023 (not to exceed five years).

The following five ordering periods are:

Ordering Period 1: Date of award (DOA) + 365 Days After Award (DAA)

Ordering Period 2: 366 DAA - 731 DAA

Ordering Period 3: 732 DAA - 1,097 DAA

Ordering Period 4: 1,098 DAA - 1,463 DAA

Ordering Period 5: 1,464 DAA - 1,829 DAA

The exact dates representing the five ordering periods will be entered upon contract award.

3. The guaranteed minimum purchase will consist of a total value of $917,000.00. The first delivery order will be issued with the IDIQ contract award and will obligate the guaranteed minimum purchase dollar amount. The Government is under no obligation to order more than the guaranteed minimum purchase dollar amount under this IDIQ contract. The only individual authorized to issue Delivery Orders against the contract shall be the Contracting Officer.

4. The resulting contract from this solicitation will utilize total (cumulative) pricing for the entire ordering period for production

CLINs. The cumulative quantity unit pricing will be reflected forward. Unit prices of previously awarded quantities will not be adjusted. The contractor shall reference clause FAR 52.216-19 Order Limitations in Section I for the minimum and maximum ordering quantities.

Offerors shall submit proposed item unit prices on the Pricing Matrix (Attachment 0001). Refer to Section L Instructions, Conditions, and Notices to Offerors for instruction on completing the Price Matrix. Refer to Section M Evaluation Factors for Award for how the

Government will evaluate the price factor for this Request for Proposal (RFP).

5. First Article Test (FAT): This RFP includes separately priced FAT CLINS. FAT is required to be performed by the Contractor for the resultant contract for the MK-124 MOD 1, as described in clause First Article Test (Contractor Testing) in Section E and clause 52.209-

3, First Article Approval Contractor Testing in Section I. FAT shall be completed 270 days after issuance of the delivery order. FAT

Reports are required to be submitted for Government disposition 300 days after issuance of the delivery order. Unless otherwise mutually agreed upon by the Government and the Contractor, FAT will be required before initial production can commence.

6. As described in clause First Article Test (Contractor Testing) in Section E, if there is a lapse in production greater than 90 days, a production process change, change in place of performance, or material substitution, the Government may require the Contractor to perform an additional FAT at the Contractors expense. Subsequent Delivery Orders will be issued with or without FAT. In Delivery

Orders awarded with FAT, the FAT Report will be due to the Government within 300 days of issuance of the applicable delivery order.

Disposition (conditional approval/approval/disapproval) will be provided by the Government within 30 days after receipt of the FAT report. Offerors are required to provide a separate price for FAT, for each ordering period on the Pricing Matrix, Attachment 0001 of the solicitation.

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7. Production delivery terms are F.O.B. Origin. For Delivery Order 0001 monthly production deliveries shall start no later than ninety

(90) days after FAT is approved or waived. For subsequent Delivery Orders, monthly production deliveries shall start no later than thirty (30) days after FAT approval or sixty (60) days after issuance of the delivery order if FAT is waived.

8. Refer to the Section C, clause Technical Data Package Information, and Distribution and Destruction of Restricted Technical Data. The

Technical Data Package (TDP) for the MK-124 MOD 1 is considered Distribution D, limited to the Department of Defense (DoD) and U.S. DoD contractors only. Distribution Statement on technical documents are in accordance with DoD 5230.24. All firms must be registered in the

Joint Certification Program (JCP) in order to access the TDPs with distribution other than distribution A at https://www.dlis.dla.mil/jcp/ and have a current valid cage code.

9. The MK-124 MOD 1 is considered to be sensitive ammunition/explosive. The Contractor shall comply with DFARS clause 252.223-7007

Safeguarding Sensitive Conventional Arms, Ammunition, and Explosives in Section I. Refer to Section J - Attachment 0005 Security

Statement of Work (SOW) Safety and Security Pre-award surveys will also be required for all proposed Arms, Ammunition, and Explosives

(AA&E) places of performance.

10. Contractor initiated, early deliveries, as defined as occurring prior to the scheduled month, require written PCO authorization.

11. The offeror shall submit their proposal through AMRDEC Safe Access File Exchange (SAFE) website, https://safe.amrdec.army.mil/safe/Welcome.aspx . All proposals submitted in response to this RFP shall be valid for 120 calendar days from the date for receipt of offers. Offerors shall annotate the 120 day period in block 12 of the executed SF 33.

12. Offerors are responsible for including sufficient details in their proposal to permit a complete and accurate evaluation of the proposal. The Government will not make any assumptions concerning an Offeror's intent, capabilities, facilities or experience. Offerors are cautioned to ensure that their proposal is complete including all fill-ins and blanks in the solicitation.

13. The Government anticipates price competition; therefore, cost or pricing data is not required to be submitted with the Offeror's initial proposal. However, the Government reserves the right to require certified cost or pricing data in accordance with FAR 15.403-4

Requiring Certified Cost or Pricing Data.

14. Offerors should take special notice of the Section L, clause FAR 52.215-1, Instructions to Offerors - Competitive Acquisition. The

Government intends to award a contract resulting from this RFP without discussions with Offerors (except clarifications as described in

FAR 15.306(a)). Initial proposals should contain the Offeror's best terms. The Government reserves the right to conduct discussions if determined necessary by the Procuring Contracting Officer.

15. Award will be based upon a best value evaluation in accordance with FAR 15.101-1. The Offerors Technical, Past Performance, and

Price will be evaluated under this RFP. Offerors are cautioned to pay specific attention to Section L, entitled Instructions, Conditions, and Notices to Offerors. Offerors should read Section M, entitled Evaluation Factors for Award, in its entirety. Award will be made to the Offeror whose proposal is determined to provide the best value to the Government based upon Section M criteria;

therefore, award may be made to other than the lowest priced Offeror.

16. This solicitation will utilize the Acquisition Source Selection Interactive Support Tool (ASSIST) during the source selection evaluation process. A separate tool, the ASSIST2Industry, will be used in conjunction with ASSIST to accomplish all exchanges with

Offerors after receipt of proposals pursuant to Federal Acquisition Regulation (FAR) 15.306. ASSIST2Industry provides the ability for the Government to issue, and the Offerors to receive and respond to, all Evaluation Notices (ENs) in a secure online environment. Please see Attachment 0004-ASSIST Instructions for further information.

17. This solicitation shall not be discussed with any Government employee except the Contracting Officer, Ms. Katie Olson, or her representative, Mr. Benjamin Riessen. Your comments and/or questions should be directed in writing by email to Ms. Olson at kathleen.r.olson5.civ@mail.mil and Mr. Riessen at benjamin.c.riessen.civ@mail.mil Please indicate the RFP number, W52P1J-17-R-0097, in the subject line of the email covering all correspondence pertaining to this RFP.

*** END OF NARRATIVE A0001 ***

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PIIN/SIIN

Page of

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 FIRST ARTICLE TEST - MK-124 MOD 1 1 EA $ $ _________________________________ ______________ __________________

COMMODITY NAME: FAT - MK-124 MOD 1

CLIN CONTRACT TYPE:

Firm Fixed Price

Mfr CAGE: 53711

Mfr Part Number: 8324647

FAT price must be entered on the Pricing Matrix

(Attachment 0001).

(End of narrative B001)

Packaging and Marking _____________________

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Government Approval/Disapproval Days: 30

Deliveries or Performance _________________________

DOC SUPPL

REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____

DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________

001 1 0300

FOB POINT: Destination

SHIP TO:

(W52P1J) SR W4MM USA JOINT MUNITIONS CMD

ARMY CONTRACTING COMMAND ROCKISLAND

BLDG 350 RODMAN AVE

ROCK ISLAND,IL,61299-5000

0002 MK-124 MOD 1 SIGNAL - PRODUCTION $ $ ________________________________ ______________ __________________

COMMODITY NAME: MK-124 MOD 1

CLIN CONTRACT TYPE:

Firm Fixed Price

Packaging and Marking _____________________

Inspection and Acceptance _________________________

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PIIN/SIIN

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

INSPECTION: Origin ACCEPTANCE: Origin

Deliveries or Performance _________________________

DOC SUPPL

REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____

FOB POINT: Origin

SHIP TO:

(Y00000) SHIPPING INSTRUCTIONS FOR CONSIGNEE

(SHIP-TO) WILL BE FURNISHED PRIOR

TO THE SCHEDULED DELIVERY DATE FOR

ITEMS REQUIRED UNDER THIS

REQUISITION.

The required delivery schedule will be up to 2,500 units per month.

Unit prices must be entered on the Pricing Matrix

(Attachment 0001)

(End of narrative F001)

0003 DD FORM 1423 - CONTRACT DATA REQUIREMENTS LIST ______________________________________________

The contractor shall prepare and deliver Data submissions in accordance with the requirements, quantities and schedule set forth in the Contract

Data Requirements Lists (DD Form 1423), Exhibit A.

Not Separately Priced

(End of narrative A001)

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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

DRAWINGS/SPECIFICATIONS_______________________

(a)In addition to the drawings(s) and/or specifications listed below, other documents which are part of this procurement and which apply to Preservation/Packaging/Packing and Inspection and Acceptance are contained elsewhere.

(b)The following drawing(s) and specifications are applicable to this procurement:

TDP: 8324647: 53711, with revisions in effect as of 18 OCT 2016; Automated Data list (ADL) 8324647, Rev. B, dated 18 OCT 2016 and revisions of documents thereon. ADL Change Notice 8324647B001, dated 18 APR 2017 applies.

In addition Supplement Quality Assurance Provisions (SQAP) JXRT-SM-01 latest revision applies.

(c) Technical Data Package, including any exceptions thereto, will be obtained electronically in accordance with the Statement of Work titled "Technical Data Package Information and Distribution and Destruction of Restricted Technical Data" in Section C of this document.

*** END OF NARRATIVE C0001 ***

RESTRICTION OF CRITICAL ITEMS AND COMPONENTS____________________________________________

(a) The items and components listed in paragraphs (b) and (c) are critical to the support of national defense items. As such, it is necessary to create and/or maintain a domestic capability for the production of these items and components by limiting production and procurement to the United States/Canadian industrial base.

(b) Items listed in this paragraph, to include all components contained therein, down to but not including raw materials (unless a more stringent restriction applies as set forth elsewhere in this contract), must be manufactured, assembled, and tested in the United States or Canada. Raw material is defined as material in the mill forms and shapes normally produced for commercial use.

1. DYES: SMOKE - SOLVENT RED 1 AND SOLVENT RED 135

2. MAGNESIUM: ATOMIZED AND GROUND

3. NITROCELLULOSE

4. LAP: PYROTECHNIC

5. FLARES: ILLUMINATION

(c) Components listed in this paragraph must be manufactured, assembled, and tested in the United States or Canada.

N/A

In all cases, final assembly and testing of the items listed in the Schedule in Section B of this contract must be performed in the

United States or Canada.

(d) The failure of the Contractor or subcontractor(s) to comply with this statement of work shall be a material breach of the contract.

(e) The Contractor will insert the substance of this statement of work, including this paragraph 5, in every subcontract for items or components identified above to ensure flowdown to, but not including, raw materials.

*** END OF NARRATIVE C0002 ***

TECHNICAL DATA PACKAGE INFORMATION, AND DISTRIBUTION AND DESTRUCTION OF RESTRICTED TECHNICAL DATA_________________________________________________________________________________________________

(a) Army Contracting Command - Rock Island (ACC-RI) will no longer make Technical Data Packages (TDPs) available for order via CD-

ROMS. TDPs will be obtained electronically via the link(s) below which will direct you to the Federal Business Opportunities (FBO) website. You must have an FBO account prior to accessing any TDP(s). To register for an account in FBO, please visit

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http://www.fbo.gov/index and click on Register Now under Vendors/Citizens . The toll free FBO helpdesk phone number is (866) 606-

8220 and for international (334) 206- 7828. Vendors are responsible for placing correct information in FBO.

(b) You may need to use special software to view the documents that we post to the FBO. This viewing software is freeware, available for download at no cost from commercial websites like Microsoft and Adobe. Additionally, some TDPs may require Lucent Viewer to view the TDP(s) which is available as freeware at: http://www.ec-edi.com/ .

(c) The TDP(s) for this solicitation will be accessible via the FBO website (as described below) from the date of issue through the time specified in the solicitation for receipt of offers.

(d) FOR UNRESTRICTED TDPs:

(1) TDPs for this solicitation are unrestricted and can be accessed electronically via the FBO website. The URL will take you to that CLINs web-located TDP. You must have an FBO account prior to accessing the TDP.

(2) To access the TDP(s), click directly on the link provided below to be directed to the TDP. You may also copy and paste the link into your browser and hit the Enter key. You will be prompted for your FBO username and password prior to gaining access to the

TDP.

CLIN: NA

TDP Link (URL): NA

(e) FOR RESTRICTED TDPs:

TDPs and any other related documents, if applicable, for this solicitation are restricted and can be accessed electronically via the

FBO website, with valid contractor login credentials. TDPs and any other related documents are posted with various options, such as

Restricted and Export Control. These additional controls are described below:

(1) Access to RESTRICTED TDPs

Technical Data Packages that have been marked as 'Restricted' can be accessed electronically via the FBO website, with valid contractor login credentials. TDPs that have been marked as 'Restricted' will require approval from the Contracting Officer prior to gaining access to the requested information. To request access click on the link(s) provided below, log in to FBO, click on the packages sub-tab and then click on the request explicit access button. Completion of a Use and Non-Disclosure Agreement 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 FBO stating you have been granted permission for viewing or downloading the TDP items.

(2) Access to EXPORT CONTROL TDPs

(i) TDPs that have been marked as 'Export Control' can be accessed electronically via the FBO website, with valid contractor login credentials. In addition, to obtain access to these TDPs, vendors and contractors must have a current DD 2345, Militarily

Critical Technical Data Agreement on file with Defense Logistics Information Service (DLIS). If you do not have an approved DD 2345, Militarily Critical Technical Data Agreement on file with DLIS then you will not be able to access the TDP. To obtain certification, go to http://www.logisticsinformationservice.dla.mil/jcp/ click on documents and follow instructions provided. Processing time is estimated at five working days after receipt.

(ii) TDPs that have been marked as Export Control will require approval from the Contracting Officer prior to gaining access to the requested information. To request access click on the link(s) provided below, log in to FBO, click on the packages sub-tab, enter your Marketing Partner Identification Number (MPIN) and 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 Export Control TDP(s). Completion of a Use and Non-Disclosure Agreement may be required prior to gaining access to the TDP. You will receive a system generated email from FBO stating you have been granted permission for viewing or downloading the TDP items.

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

(iv) TDPs 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: 0002

TDP Link (URL): https://www.fbo.gov/notices/391a60b1e4ec9a506fc729b91c6263aa

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(3) Further dissemination of Restricted TDPs 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 or removal of downloaded TDP files from computer drives and electronic devices, and any copies of those files.

(f) Questions related to registration in FBO should be directed to http://www.fbo.gov/index The FBO helpdesk phone number is (866)

606-8820. Vendors are responsible for placing correct information in FBO. A user guide for FBO can be found at http://www.fbo.gov/index - on the right of the screen is User Guides - click on Vendor.

*** END OF NARRATIVE C0003 ***

CONFIGURATION MANAGEMENT DOCUMENTATION______________________________________

(a) The contractor may submit Engineering Change Proposals (ECPs) and Requests for Variance (RFVs) for the requirements in the

Government provided Technical Data Package (TDP). The contractor shall prepare and submit ECPs, Notices of Revision (NORs), and RFVs as required by the accompanying DD Form 1423, Contract Data Requirements List (CDRL). If a Value Engineering Change Proposal (VECP) clause is included on this contract, VECPs shall be submitted in the same manner as ECPs.

(1) ECPs - The contractor may request a permanent change to the requirements specified in the TDP or any other baseline documentation by submitting an ECP. ECPs shall be submitted to include all NORs necessary to completely define the requested change. Each ECP shall be accompanied with at least one NOR per affected document. The contractor shall not present any production items for acceptance incorporating any change to the TDP or other baseline documentation until notified by the Government the ECP has been approved and incorporated in the contract.

(i) Page 1 of DD Form 1692 (or equivalent) shall be submitted for all ECPs. Pages 2-7 of DD Form 1692 shall be submitted when required to properly explain all the potential logistics and technical impacts of the proposed change. DD Form 1695 NOR (or equivalent) shall be submitted to completely describe the desired change on each affected document.

(ii) All ECPs submitted by the contractor will be routine priority unless otherwise justified. If the contractor considers the ECP to be emergency or urgent, they shall include justification within 48 hours of submittal of the ECP.

(2) RFVs - The contractor may request to temporarily depart from a requirement specified in the TDP or any other baseline documentation, by submitting an RFV. RFVs may be submitted either pre-production (formerly known as Request for Deviation (RFD)) or postproduction and prior to acceptance by the Government (formerly known as Request for Waiver (RFW)). DD Form 1694 (or equivalent) shall be submitted for all RFVs. The contractor shall not present any production items for acceptance with any nonconformance to the requirements in the TDP or other baseline documentation until notified by the Government the RFV has been approved and incorporated in the contract.

(b) Submission of requested changes - The submission of an ECP or RFV by the Contractor does not affect the required delivery dates specified within the contract, shall not constitute excusable delay in the performance of this Contract by the Contractor or in any way relieve the contractor from compliance with the contract delivery schedule. If a delivery date change is needed, it must be negotiated with the Contracting Officer and documented via modification to the contract. The submission of an ECP and/or RFV by the Contractor shall not preclude the Government from exercising its rights under any clause of the Contract.

(c) Specifications - Permanent proposed changes to specifications which are part of the TDP or baseline documentation shall be requested with an ECP and NOR (i.e. Specification Change Notices (SCNs) are not required).

*** END OF NARRATIVE C0004 ***

Environmental Requirements: Performance Work Statements_______________________________________________________

(a) Contractor shall comply with all applicable federal, state, and local environmental laws, statutes, regulations, executive orders, permits, Army regulations (with supplements), as well as Major Subordinate Command (MSC) and installation regulation, policy, Host

Tenant Agreement, Interagency Service Support Agreement, or Status-of-Forces Agreement. Contractor shall immediately report any conflicts between applicable federal, state, local environmental laws, statutes, executive orders, and provisions of Army Regulation 200-

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1, and any specifications within this contract to the Contracting Officer.

(b) Contractor shall assign all hazardous waste management responsibilities to the appointed ECD. Contractor shall contact the DGR and/or Contracting Officer to obtain technical assistance from the Environmental Office for assisting the ECD with achieving and maintaining compliance with hazardous waste storage and disposal requirements. Contractor shall properly profile all waste generated as part of this contract to determine if any waste is hazardous waste as defined by 40 CFR. Contractor shall accumulate hazardous waste prior to disposal shipment in a satellite accumulation point at or near the point of generation or in a less-than-90-day site, in accordance with Federal, State, Army, and installation regulation, policy, Host Tenant Agreement, Interagency Service Support Agreement or Status-of-Forces Agreement. The Contractor shall properly package the hazardous waste and complete the hazardous waste manifest, then take the manifest to DGR for approval and signature prior to removing any hazardous waste from the installation. Contractor shall contact DGR to obtain the installations hazardous waste EPA ID number for the hazardous waste manifest. The Contractor shall notify the

DGR 24 hours prior to removing any hazardous waste from the installation. The contractor shall remove and dispose of manifested hazardous waste generated by contract activities from the installation, to an approved off-post permitted hazardous waste disposal facility. The DGR shall assist contractors with profiling their waste upon request.

(c) Contractor shall assign all hazardous materials management responsibilities to the appointed ECD. Contractor shall contact the DGR or Contracting Officer to obtain technical assistance from Environmental Office for assisting the ECD with achieving and maintaining compliance with hazardous material storage, issue, use, and disposal requirements. Contractor shall submit to the Contracting Officer and/or DGR a hazardous material inventory. The hazardous material inventory will be submitted 30 days prior to commencement of work for contracts that exceed 180 consecutive days. The inventory list will contain the hazardous material type and maximum quantities of materials anticipated to be stored on-site. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. The Contractor shall maintain copies of Safety Data Sheets for all hazardous materials used and stored on-site during performance of the contract. Contractor shall not supply or deliver any hazardous materials or chemicals to an installation that are listed on EPA toxic chemical list without prior written approval from DGR and/or Contracting Officer.

(d) Minimize the use of hazardous materials and the generation of hazardous waste. Consult with the Environmental Office for suggestions and to obtain a copy of the installation's pollution prevention/hazardous waste minimization plan for supporting waste minimization goals.

*** END OF NARRATIVE C0005 ***

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SECTION D - PACKAGING AND MARKING

Item: SMOKE & ILLUMINATING SIGNAL MK-124 MOD 1

PN: 8324647

NSN: 1370-01-550-1355

DODIC: LA60

PACKAGING REQUIREMENTS

(a) Packaging shall be in accordance with 8324674, revision B, dated 3 MARCH 2008.

(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 8324674, revision B, dated 3 MARCH 2008. 2-D barcodes are require in accordance with

MIL-STD-129.

(d) The following shall apply to drawing 8324674, revision B, dated 3 MARCH 2008: DI-PACK-81059 DOES NOT APPLY to this contract.

(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 6214235, revision A, dated 10 FEB 2011. Marking shall be in accordance with MIL-STD-1323, Revision A, dated 8 April 2014. 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:

http://farsite.hill.af.mil/ or https://www.acquisition.gov/

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 52.246-16 RESPONSIBILITY FOR SUPPLIES APR/1984

E-3 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 9001:2008 or equivalent; 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)

FIRST ARTICLE TEST (CONTRACTOR TESTING)_______________________________________

(a) The first article shall consist of:

Those items and quantities as required per paragraph: 3.2, 4.3 of 12255-OES-DTL-0099 Rev A, and other FAT requirement specifications listed within, which shall be examined and tested in accordance with contract requirements, the item specifications, Quality Assurance Provisions (QAPS), Supplemetary QAPS, and all drawings listed in the Technical Data Package.

(b) The first article shall be representative of items to be manufactured using the same processes and procedures and at the same facility as contract production. All parts and materials, including packaging and packing, shall be obtained from the same source of supply as will be used during regular production. All components, subassemblies, and assemblies in the first article sample shall have been produced by the Contractor (including subcontractors) using the technical data package provided by the Government.

(c) The first article shall be inspected and tested by the contractor for all requirements of the drawing(s), the QAP(s), and specification(s) referenced thereon, except for:

(1) Inspections and tests contained in material specifications provided that the required inspection and tests have been performed previously and certificates of conformance are submitted with the First Article Test Report.

(2) Inspections and tests for Military Standard (MS) components and parts provided that inspection and tests have been performed previously and certifications for the components and parts are submitted with the First Article Test Report.

(3) Corrosion resistance tests over 10 days in length provided that a test specimen or sample representing the same process has successfully passed the same test within 30 days prior to processing the first article, and results of the tests are submitted with the

First Article Test Report.

(4) Life cycle tests over 10 days in length provided that the same or similar items manufactured using the same processes have successfully passed the same test within 1 year prior to processing the first article and results of the tests are submitted with the

First Article Test Report.

(5) Onetime qualification tests, which are defined as a onetime on the drawing(s), provided that the same or similar item manufactured using the same processes has successfully passed the tests, and results of the test are on file at the contractors facility and certifications are submitted with the First Article Test Report.

(d) Those inspections which are of a destructive nature shall be performed upon additional sample parts selected from the same lot(s) or batch(es) from which the first article was selected.

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(e) A First Article Test Report shall be compiled by the contractor documenting the results of all inspections and tests (including suppliers and Vendors inspection records and certifications, when applicable). The First Article Test Report shall include actual inspection and test results to include all measurements, recorded test data, and certifications (if applicable) keyed to each drawing, specification and QAP requirement and identified by each individual QAP characteristic, drawing/specification characteristic and unlisted characteristic. The Government Quality Assurance Representatives (QAR) findings shall be documented on DD Form 1222, Request for and Results of Tests, and attached to the contractors test report. Two copies of the First Article Test Report and the DD Form 1222 will be submitted through the Administrative Contracting Officer to the Contracting Officer with an additional information copy furnished to Joint Munitions Command, Product Quality Manager .

(f) Notwithstanding the provisions for waiver of first article, an additional first article sample or portion thereof, may be ordered by the Contracting Officer in writing when (i) a major change is made to the technical data, (ii) whenever there is a lapse in production for a period in excess of 90 days, or (iii) Whenever a change occurs in place of performance, manufacturing process, material used, drawing, specification or source of supply. When conditions (i), (ii), or (iii) above occurs, the Contractor shall notify the

Contracting Officer so that a determination can be made concerning the need for the additional first article sample or portion thereof, and instructions provided concerning the submission, inspection, and notification of results. Costs of the first article testing resulting from production process change, change in the place of performance, or material substitution shall be borne by the Contractor.

*** END OF NARRATIVE E0001 ***

AMMUNITION DATA CARDS_____________________

Detailed requirements and guidance for the preparation of Ammunition Data Cards (ADCs) and Ammunition Lot Numbers are contained in MIL-

STD-1168, the applicable DD Form 1423 and the Worldwide Ammunition-data Repository Program (WARP) online users manual. Detailed requirements for obtaining and using a manufacturers identification symbol, which is an integral component of the ammunition lot number, can be found in MIL-STD-1168 and the WARP users manual. Information provided in paragraphs 6.7 through 6.16 of MIL-STD-1168 shall be considered mandatory requirements where all instances of the term should are considered to be replaced with the word shall.

(a) The contractor shall develop and submit ADCs in accordance with the requirements of this section, MIL-STD-1168, and the users manual located on the WARP database. The WARP application is accessed through the Munitions History Program (MHP) website. (Refer to

Ammunition Data Cards and Report of Contractor Ballistic Testing for more information.) The ADC requirement is a flow-down requirement that applies to contractors and their suppliers, vendors or subcontractors.

(b) The contractor shall prepare an ADC for each lot of item(s) being produced under this contract, regardless of whether or not those lots are accepted or rejected by the Government. The ADC shall comply with MIL-STD-1168 and WARP requirements.

(c) Unless otherwise authorized by the Procuring Contracting Officer, the contractor shall include, in the components sections on the

ADC representing the deliverable item, as a minimum; all assemblies, sub-assemblies, components, explosives, and propellants listed below for the item being procured.

End Item Component Listing:

Drawing Number: 7624800, Nomenclature: END DISK

Drawing Number: 8324660, Nomenclature: FLARE CANDLE

Drawing Number: 2113653, Nomenclature: PRIMER

Drawing Number: 7624799, Nomenclature: SMOKE CANDLE

(d) The component items identified below are from paragraph (c) above and will require their own component ADC in addition to being listed on the end item ADC. The component ADCs shall also comply with MIL-STD-1168 and WARP requirements.

Drawing Number from paragraph (c) above N/A, components as follows: N/A

(e) Lot numbers shall be in accordance with MIL-STD-1168 lot number convention and the technical data package requirements. Lot numbers shall be used for all ammunition end items and their major components, including inert, dummy, or non-energetic items and components. When not required by technical data package and not an end item or major component, the component lot number may be constructed through contractor lot number convention.

(f) The flow down of the requirement for component ADCs generated via WARP is highly encouraged for other items not identified in paragraph (d) above when the prime contractor is purchasing components, assemblies, and subassemblies from subcontractors or vendors.

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(g) All component RFD/ECPs shall be listed on the ADC for the deliverable item, as well as on the component ADC, when that component is identified in paragraph (d) above. The WARP users manual provides information on the level of detail required.

(h) A sample ADC shall be developed and submitted to the WARP system 30 days prior to First Article testing or 30 days prior to production in the event a first article is not required. The WARP ADC program will not allow the submission of additional ADCs until such time as the sample ADC has been approved in the system.

*** END OF NARRATIVE E0002 ***

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 http://www.ardec.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 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.