W52P1J17R0155-0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. Contract ID Code Page Of

2. Amendment/Modification No.

3. Effective Date

4. Requisition/Purchase Req No.

5. Project No. (If applicable)

6. Issued By Code 7. Administered By (If other than Item 6) Code

8. Name And Address Of Contractor (No., Street, City, County, State and Zip Code)

9A. Amendment Of Solicitation No.

9B. Dated (See Item 11)

10A. Modification Of Contract/Order No.

10B. Dated (See Item 13) Code Facility Code

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing items 8 and 15, and returning ____________ copies of the amendments: (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. Accounting And Appropriation Data (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATIONS OF CONTRACTS/ORDERS

It Modifies The Contract/Order No. As Described In Item 14.

A. This Change Order is Issued Pursuant To: The Changes Set Forth In Item 14 Are Made In

The Contract/Order No. In Item 10A.

B. The Above Numbered Contract/Order Is Modified To Reflect The Administrative Changes (such as changes in paying office, appropriation data, etc.) Set

Forth In Item 14, Pursuant To The Authority of FAR 43.103(b).

C. This Supplemental Agreement Is Entered Into Pursuant To Authority Of:

D. Other (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______________ copies to the Issuing Office.

14. Description Of Amendment/Modification (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. Name And Title Of Signer (Type or print)

16A. Name And Title Of Contracting Officer (Type or print)

15B. Contractor/Offeror 15C. Date Signed 16B. United States Of America 16C. Date Signed

By (Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

PREVIOUS EDITIONS UNUSABLE

30-105-02 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

SEE SCHEDULE

X

Firm Fixed Price

0002 2020JAN23

W52P1J

ARMY CONTRACTING COMMAND - RI

ROCK ISLAND, IL 61299-8000

BLDGS 60 & 62

BENJAMIN C. RIESSEN

EMAIL: BENJAMIN.C.RIESSEN.CIV@MAIL.MIL

W52P1J-17-R-0155

2019DEC06

X

X 2020FEB03 01:00pm

/SIGNED/

2 signed

SEE SECOND PAGE FOR DESCRIPTION

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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: CCRI-AR/(309)782-5225

Type of Contract 1: Firm Fixed Price

Kind of Contract: Supply Contracts and Priced Orders

*** End of Narrative A0000 ***

The purpose of Solicitation W52P1J-17-R-0155, Amendment 0002 is to issue the following revisions and respond to vendor inquiries:

1. To revise the Procuring Contracting Officer from Ms. Stephanie Migawa to Ms. Kristy Tierney in the following locations:

a. To revise paragraph #21 of the Section A Narrative A0001 to the following:

"This RFP shall not be discussed with any Government employee except the Contracting Officer, Ms. Kristy Tierney, or her representative, Mr. Benjamin Riessen. Your comments and/or questions should be directed in writing by email to Ms. Tierney at kristy.l.tierney.civ@mail.mil and Mr. Riessen at benjamin.c.riessen.civ@mail.mil. Please indicate the RFP number, W52P1J-17-R-0155, in the subject line of the email correspondence pertaining to this RFP."

b. To revise the Section C Narrative 0003 and replace the Contracting Officer's information from Ms. Stephanie Migawa to Ms.

Kristy Tierney.

c. To revise clause L-12, 52.233.2, "SERVICE OF PROTEST" by replacing the Contracting Officer's information from Ms. Stephanie

Migawa to Ms. Kristy Tierney.

d. To revise clause L-13, 5152.233-5900, "AGENCY PROTEST PROGRAM" by replacing the Contracting Officer's information from Ms.

Stephanie Migawa to Ms. Kristy Tierney.

e. To revise the Section L Narrative L0001, paragraph #9 by replacing the Contracting Officer's information from Ms. Stephanie

Migawa to Ms. Kristy Tierney.

2. To answer the following questions submitted in response to this Solicitation by Industry:

Q1: M206 Flare; Drawing 9347161-strand burn specimen assy - Drawing not received or listed on the ADL.

A1: Drawing 9347161 is incorporated into the TDP as a part of this amendment and the Contract Section C Requirements are revised.

Q2: M206 Flare; Drawing 9349199-polytetrafluoroethylene - Drawing not received or listed on the ADL.

A2: Drawing 9349199 is incorporated into the TDP as a part of this amendment and the Contract Section C Requirements are revised.

Q3: M206 Flare; 9347159-flare composition-CLASSIFIED-need confirmation of the revision-this was not listed on the ADL.

A3: Revision D is the correct revision of this drawing as identified in the TDPL.

Q4: M206 Flare; Drawing 12999545-Two dimensional barcoding revision J was received but revision H is listed in the contract.

Vendor needs confirmation of the correct revision required. The most current revision (J) would normally be stipulated.

A4: Offerors are to utilize Drawing 12999545, Rev H with ECP R17S2024 as specified in the TDPL.

Q5: M206 Flare; Drawing ACV00561 revision G is listed in the contract but we received revision. Please confirm we are to use the most current revision. The most current revision (G) would normally be stipulated.

A5: Offerors are to utilize Drawing ACV00561, Rev F with ECP R17S2024 as specified in the TDPL.

Q6: M206 Flare; Does ECP 0005-D-0001-for drawing 9311623 need to be written for new contract?

A6: 0005-D-0001 (R15Y7001) was submitted as a Request for Variance on the preceding contract and is not applicable to this RFP.

Proposal submissions shall be submitted in accordance with the TDPL and Engineering Exceptions.

Q7: M206 Flare; R12K2024-missing from the provided TDP and not listed on the ADL-Vendor needs confirmation that this does not

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carry over.

A7: ECP changes were incorporated into the latest drawing versions identified in the Certified TDP and Engineering Exceptions as specified in Section C.

Q8: M206 Flare; Drawing 9280372-missing page 2 of the document and is needed.

A8: Drawing 9280372 page 2 is a Classified drawing. Offerors shall refer to instructions contained on the DD254 (Attachment

0007) to obtain Classified material for this procurement.

Q9: MJU-7A/B Flare; Drawing 12999545-Two dimensional barcoding revision J was received but revision H is listed in the contract. Please confirm the correct revision required. Normally the most current revision (J) is required.

A9: Offerors are to utilize Drawing 12999545, Rev H with ECP R17S2024 as specified in the TDPL.

Q10: MJU-7A/B Flare; Drawing ACV00561 revision F is listed in the contract but we received revision G on the M206. Please confirm we are to use the most current revision. The most current revision (G) would normally be stipulated.

A10: Offerors are to utilize Drawing ACV00561, Rev F with ECP R17S2024 as specified in the TDPL.

Q11: MJU-7A/B Flare; The ADL for packaging is not provided and needed.

A11: There isn't an ADL for packaging on the MJU-7; the SPI covers all packaging for the Quantity Unit Pack of 60 flares per wooden box.

Q12: MJU-7A/B Flare; New EO's 89A075-for drawing 8631504 and 87A194-for drawing 8631504 listed on the ADL were not received.

A12: EO's 89A075 and 87A194 have been provided as a part of this amendment.

Q13: MJU-7A/B Flare; Drawing 975585 revision B-pellet composition is not provided and needed.

A13: Drawing 975585 revision B has been provided as a part of this amendment.

Q14: Pages 21 & 22 AAIE reliability and confidence requirements are 99.8/95. Vendor requests 99 or 95 for minors.

A14: The Reliability and Confidence requirement requirements will remain at 99.8%/90% for both Critical and Major

Characteristics for both the M206 and MJU-7A/B.

Q15: Request the PCO incorporate FAR Clause 52.216 to provide for equitable adjustments for future material and other unforeseeable costs increases.

A15: The FAR Clause 52.216 to provide for equitable adjustments will not be incorporated. Unit Prices shall be proposed as Firm

Fixed Prices.

Q16: Per page 25, para a., Description sheets are required. Vendor requests the USG provide a detailed list of which components require a description sheet.

A16: Description sheets will be required for energetic ingredients and ingredients used in the mixing, i.e. Magnesium, Viton, Teflon, Hexane, and Acetone. Narrative E0009 has been updated to reflect the same.

Q17: Vendor understands that the electronic proposal submission shall not exceed a size of 10MB. Because the vendors proposal will contain technical data, vendor will be using the DOD SAFE Site for submittal. Please confirm if this proposal submission method is acceptable to the USG. Vendor intends to submit the volumes as stand-alone documents, in lieu of combining them into one document.

Please advise if this will present an issue.

A17: Proposal submissions to the DoD SAFE Site is acceptable as well as issuing them as stand alone volumes. Section L

Narrative L0001, para. 9 has been revised to reflect this update.

Q18: Vendor intends to provide fold-outs (will be compliant to the page size called out in Section L), however, Vendor intends to upload these as stand-alone documents and not embedded within the volumes. Vendor understands that these documents will not be count towards the page limit. Please advise if this will present an issue.

A18: Providing stand-alone fold-outs are acceptable as long as they are in compliance with the size restrictions and are for the vendors Integrated Master Schedule and Process Flow Diagram.

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Q19: Are non US parties allowed to serve as offerors in this Solicitation?

A19: Refer to the Attachment 0007 DD254 for security clearance and classification requirements necessary to submit an offer in response to this RFP. If an offeror is unable to obtain the full TDP to include the classified material specified in the RFP, an

Offeror would be unable to submit an Offer.

Q20: Are the order-quantities the contractor is obligated to honor per the

Solicitation final or are they subject to negotiation?

A20: The order-quantities identified in the RFP are non-negotiable.

Q21: Is the TDP classified?

A21: The entire TDP is not classified; however, there is Classified material that makes up a part of the complete Technical

Data Package.

Q22: Can the offeror use a foreign vendor for manufacturing?

A22: This TDP contains Classified Material. Refer to the full version of the DD254 (Attachment 0007 to the RFP and Attachment to the DD254 Titled, "JPEO Armaments & Ammunition Attachment A (JPEO AA-19-003) SOLICITATION NUMBER: W52P1J-17-R-0155 Attachment DD254, Block 13 Continuation Sheet: SECURITY GUIDANCE" for contact information for release of the classified material.

In accordance with the DD254: Classified material must be handled in accordance with the current National Industrial Security Program

Operating Manual (NISPOM DoD 5220.22M) requirements, and source documents. No classified information and/or materials will be provided to contractor prior to verification of company's facility clearance and storage capability. In the event that a company needs access to classified information and/or materials as part of this solicitation, a separate contractor-specific DD Form 254 will be issued to each company.

Contractor personnel shall have the appropriate level of investigation and/or security clearance for each site of performance of work.

The Contractor shall observe and comply with all security provisions in effect at each selected site. Only U.S. Citizens are authorized to work with U.S. Government classified information and/or material. All contractor personnel working on this contract that require access to classified information and/or material will be required to have a Secret clearance and must maintain that clearance throughout the duration that they are assigned to this contract. Only U.S. Persons are authorized to work with U.S. Government Controlled

Unclassified Information (CUI), however, the exception for performance by Non-U.S. Persons are subject to U.S. Export regulation including, but not limited to, the requirements of the Arms Export Control Act, 22 U.S.C. 2751-2794, including the International Traffic in Arms Regulation (ITAR), 22 C.F.R. 120 et seq.; and the Export Administration Act, 50 U.S.C. app. 2401- 2420. Release of CUI to a

Non-U.S. Person is not authorized. The contractor will observe and comply with all security provisions outlined in the DD Form 254 and associated SOW/PWS, and all local policies in effect while accessing or working on U.S. Government Installations (as identified in the

DD Form 254).

Q23: Are offerors allowed to forward the TDP to a foreign vendor before the submission of the proposal in order to submit the most accurate one.

A23: Refer to the response regarding Q21.

Q24: CLIN 001 and CLIN 003 indicate that "FAT approval date shall be 330 days after contract award." If we must perform a FAT, is 330 days after contract award a deadline or can we submit earlier? Is this time period flexible? If FAT can occur sooner after contract award, can a vendor perform FAT, submit report, and begin production immediately after approval?

A24: The 330 days is a maximum deadline; a vendor may perform FAT earlier and, after FAT Report approval, start production.

However, as stipulated in the Section A Narrative, para 16, Contractor initiated, early deliveries, as defined as occurring prior to the scheduled month, require written PCO authorization.

Q25: In Proposal Volume 2, "Past Performance," (discussed on pages 81-83 of the Solicitation), it provides that the offeror must explain why it considers a subcontractor a major/key subcontractor. Are suppliers of flare components considered subcontractors under this section? For example, if 25% of the cost of building the flare is spent on the case, would the case producer be considered a major/key contractor? Or, does this term apply only to contractors to whom the vendor would hypothetically subcontract the construction of flares?

A25: A major/key subcontractor is a vendor who the prime offeror couldn't or wouldn't want to conduct production without. There is not a certain percentage that qualifies a particular subcontractor but more of who the Offeror considers to be a major/key subcontractor to their production.

Q26: Evaluated Price: Does the USG intend to do a best value evaluation for each flare independently based on our proposal submission and the price matrices for that specific item or is the Best value going to be determined for the two items combined?

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A26: Please refer to Section M, para 3.c which states that a Total Evaluated Price BY item, M206 and MJU-7A/B will be determined for each of the three scenarios by summing Ordering Periods 1-5 Weighted Evaluation Prices.

Q27: Which award range for the M206 and MJU-7A/B or contract value do you expect the small business plan to be based off of?

A27: Offerors must submit one Small Business Subcontracting Plan that identifies and breaks out each award scenario, 100%, 60%, 40% at the Maximum range for each Ordering Period. Any resulting contract will incorporate only the scenario that is actually awarded.

3. All remaining industry questions will be answered in a subsequent amendment.

4. The date and time for receipt of proposals is hereby extended as a result of this Amendment to 3 February 2020, 1:00 PM ct.

5. All other terms and conditions of Solicitation W52P1J-17-R-0155 remain unchanged an applicable.

*** END OF NARRATIVE A0003 ***

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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

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

(a) TDPs will be obtained electronically by requesting access from the Contracting Officer (kristy.l.tierney.civ@mail.mil) and Contract

Specialist (benjamin.c.riessen.civ@mail.mil).

(b) You may need to use special software to view the TDP documents. 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: https://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 provided by electronic request from the Contracting Officer / Contract Specialist) from the date of issue through the time specified in the solicitation for receipt of offers.

(d) FOR RESTRICTED TDPs:

TDPs and any other related documents, if applicable, for this solicitation are restricted and can be accessed by electronic request to the Contracting Officer / Contract specialist. TDPs and any other related documents are distributed as described below:

(1) Access to EXPORT CONTROL TDPs

(i) TDPs that have been marked as Export Control can be accessed by electronic request made to the Contracting Officer and

Contract Specialist, with valid contractor login credentials. In addition, to obtain access to these TDPs, vendors and contractors must include with their submission, their DD2345 Cage code and have a current DD 2345, Militarily Critical Technical Data Agreement on file with the 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 https://public.logisticsinformationservice.dla.mil/jcp/Default.aspx , click on Documents and follow the instructions provided.

Processing time is estimated at five working days after receipt.

(ii) TDPs that have been marked as Export Control will require Government approval prior to gaining access to the requested information. To request access, submit electronic request to the Contracting Officer (kristy.l.tierney.civ@mail.mil) and Contract

Specialist (benjamin.c.riessen.civ@mail.mil). 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 to the TDP.

(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) 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

TDPL Date: 02/13/2018

CLIN: 0004

TDPL Date: 11/01/2018

(2) 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.

(3) 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.

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*** END OF NARRATIVE C0003 ***

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SECTION E - INSPECTION AND ACCEPTANCE

AMMUNITION DATA CARDS AND REPORT OF CONTRACTOR BALLISTIC TESTING________________________________________________________________

(a) Ammunition Data Cards shall be prepared in accordance with MIL-STD-1168 and shall follow the format required by the world wide web application identified as WARP or Worldwide Ammunition-data Repository Program. 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. This shall also include, if required on the DD Form 1423, a Report of Contractor Lot Acceptance/Ballistic Testing and

Acceptance and Description Sheets (for Propellants and Explosives, i.e. Magnesium, Viton, Teflon, Hexane, and Acetone). WARP will reside within the Munitions History Program (MHP). Additional details on these WARP applications are provided below.

(b) MHP-WARP Access Procedures

(1) Government or Contractor employee with CAC and AKO account:

(a) Click on the MHP hyperlink which is https://mhp.redstone.army.mil/

(b) Enter CAC PIN when prompted

(c) Click on WARP (ADC)

(d) Click on Help

(e) Click on WARP Request Access and follow instructions

(2) Contractor or Government employee without CAC and AKO account: MHP-WARP uses PKI authentication requiring a DoD approved digital certificate as a security measure to protect the integrity of stored data. There are three vendors that have been approved to issue DoD approved certificates per an External Certification Authority (ECA) program. You are required to use one of the approved vendors listed on the following DISA website: http://iase.disa.mil/pki/eca/index.html

A nominal fee is charged for each certificate. The Contractor, including any subcontractors, shall assume the responsibility for all costs of obtaining each digital certificate needed.

(3) After the required certificate is obtained:

(a) Click on the MHP-WARP hyperlink: https://mhpwarp.redstone.army.mil/

(b) Enter ECA password

(c) Click on Help and follow the instructions for obtaining the necessary access

(c) HELP Numbers are as follows:

MHP Access (256)313-2143; DSN 897-2143

JMC Quality Administrators for WARP issues (309)782-2697 or (309)782-7107

(d) Worldwide Ammunition-data Repository Program (WARP)

An online users manual will provide additional help in the development of an ammunition data card. It is recommended that you download and read the users manual prior to inputting your initial data card. The users manual also contains screen shots, which depict what the inputter will see during the ADC input process.

(e) Ammunition Data Card Input

ADC input allows current contractors and government facilities the capability to create, and submit for approval, ADCs which meet the format requirements of MIL-STD-1168. ADCs are automatically forwarded to the respective Government Agency Responsible for Acceptance

(GARA). The GARA in most cases is the Defense Contract Management Agency (DCMA) Quality Assurance Representative (QAR), who reviews contractor input for accuracy and completeness, and after updating the disposition code for the specific lot, submits the ADC to the database. The inputter is granted access only to ADCs identified with its specific manufacturing code. The use of previously inputted

ADCs through the TEMPLATE option significantly reduces input effort, while increasing accuracy and consistency of data.

(f) Email Notification

WARP provides immediate, automated notification to process participants when actions are required. When the contractor has completed an

ADC submission, an email message is routed to the GARA advising that an ADC awaits review and approval. If the GARA approves the ADC as submitted, the ADC is released to the base and an email, with approved data card, is routed back to the originator. If the ADC requires modification or correction to conform with MIL-STD-1168 and contract requirements, an email is provided to the ADC originator advising that corrective action is required prior to approval.

(g) Information Updates

It is important that the System Administrators are apprised when a contractor receives a new contract. The contractor shall notify usarmy.ria.jmc.mbx.warp@mail.mil within 30 days after receipt of a new contract. Information to be included shall be the contract number, item, GARA, Manufacturers identification symbol and the names of the individuals who will be inputting ADCs into the system. If you are a new contractor and do not have a Manufacturers identification symbol, you can obtain one by sending an email to usarmy.ria.jmc.mbx.warp@mail.mil. The email must contain manufacturers name, address where performance of the contract will take place, and a point of contact.

(h) Report of Contractor Ballistic/Function Testing Module

(1) In addition to its ADC function, WARP also serves as a repository for reports of contractor ballistic (or functional) testing.

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Whenever the contract requires contractor performance of ballistic testing, the results of such testing shall be captured by you, the performing contractor, within a specially designed Lot Acceptance Test Report (LATR) module.

(2) Within the LATR module, you are required to provide a report of any contractor ballistic/function testing and to submit the report in electronic format via the WWW. The report must be a .pdf file for the upload process to work.

(i) Acceptance and Description Sheets (for Propellants and Explosives) Module: The WARP application now contains an area for on-screen data entry capturing requirements per MIL-STD-1171 for Acceptance and Description Sheets with respect to contract specified Propellant, Chemical and Explosive constituents.

*** END OF NARRATIVE E0009 ***

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SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

Status Regulatory Cite Title Date Status Regulatory Cite Title Date _______ _______________ ______________________________________________________________________ ____________ _______ _______________ ______________________________________________________________________ ____________

L-1 CHANGED 52.233-2 SERVICE OF PROTEST SEP/2006

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

DEPARTMENT OF THE ARMY

US ARMY CONTRACTING COMMAND - ROCK ISLAND

CCRC-AR, KRISTY TIERNEY - CONTRACTING OFFICER

3055 RODMAN AVENUE, ROCK ISLAND, IL 61299-8000

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

L-2 CHANGED 5152.233-5900 AGENCY PROTEST PROGRAM AUG/2011

(C-JTSCC)

(a) This solicitation may be protested to the issuing Contracting Office for decision by the Contracting Officer or by the Chief of the

Regional Contracting Center if authority has been withheld. If requested, an independent review of an Agency Protest decision is available through appeal to the Principal Assistant Responsible for Contracting (PARC)/Senior Contracting Official (SCO) in accordance with FAR 33.103. A protest to C-JTSCC is a PROTEST TO THE AGENCY, within the meaning of FAR 33.103. The C-JTSCC Agency Protest Program is intended to encourage interested parties to seek resolution of their concerns within C-JTSCC, rather than filing a protest with the

Government Accountability Office (GAO) or other external forum. After an interested party files an Agency Protest with the Contracting

Officer and while that protest is pending, the protestor agrees not to file a protest with the GAO or other external forum. If a protest is filed with an external forum on the same solicitation as the Agency Protest, the Agency Protest will be dismissed.

(b) An interested party may file a written protest to the Contracting Officer under the C-JTSCC Agency Protest program for contract solicitations issued by C-JTSCC. Such Agency Protests are limited to objections to any of the following:

(1) A solicitation or other request by an agency for offers for a contract for the procurement of property or services.

(2) The cancellation of the solicitation or other request.

(3) An award or proposed award of the contract.

(4) A termination or cancellation of an award of the contract, if the written objection contains an allegation that the termination or cancellation is based in whole or in part on improprieties concerning the award of the contract.

(c) An Executive-Level Agency protest may be filed with the Contracting Officer designated in paragraph (f) of this provision for resolution of protests.

(d) For the purpose of filing a C-JTSCC Agency Protest, an interested party means an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.

(e) An Agency Protest must include the protester's name, address and telephone number, including fax number or e-mail address; the solicitation or contract number, identity of the contracting activity and the Contracting Officer's name; a detailed statement of all legal and factual grounds for protest (mere disagreement with the decisions of Contracting Officers does not constitute grounds for protest), including copies of all relevant documents; a request for a ruling; and, a request for relief. All protests must be signed by an authorized representative of the protester and must state it is an Agency Protest for decision by the Contracting Officer.

(f) C-JTSCC Agency Protests, as defined in FAR 33.101, may be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

DEPARTMENT OF THE ARMY

US ARMY CONTRACTING COMMAND - ROCK ISLAND

CCRC-AR, KRISTY TIERNEY - CONTRACTING OFFICER

3055 RODMAN AVENUE, ROCK ISLAND, IL 61299-8000

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(End)

PROPOSAL SUBMISSION: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS______________________________________________________________________

A. General Instructions:

1. The Offerors shall submit proposals in accordance with the information in this section. The Government expects

Offerors to review all documents contained or referenced in the solicitation for further insight into the areas that your proposal must address. Proposals that do not contain the information requested in the solicitation risk the

Government determining the proposal unacceptable.

2. Clarity and completeness are essential and proposals should be clear, consistent, and concise. Offerors must provide information in sufficient detail to allow the Government to make a best value assessment of the Offeror's capability to support the solicitation and Technical Data Package (TDP) requirements. The burden of providing complete and thorough information remains with the Offeror.

3. Offerors shall confine information intended for the Government to consider to the appropriate volume. Offerors shall provide information by addressing each Factor/Sub-factor in the format and sequence identified in these instructions.

Information submitted that is not within the appropriate volume may not be considered. The Government will not assume the duty to search for data or information to cure problems it finds in proposals.

4. The Government will not assume the Offeror possesses any capability, understanding, or commitment not specified in the proposal. The Government cautions Offerors that merely repeating the technical requirements with stated assertions DOES

NOT reflect an understanding of the requirement or substantiate capability to perform. Proposals must provide documentary evidence in support of conclusive statements of how the Offeror will meet contract requirements.

5. The Government intends to award two contracts without discussions; consequently, it is the Offeror's responsibility to submit a proposal that conforms to all of the terms and conditions of the solicitation and contains the Offeror's best offer. In accordance with FAR 15.306, when award without discussions is contemplated Offerors may be given the opportunity ___ to clarify certain aspects of proposals (e.g., the relevance of an Offeror's past performance information and adverse past performance information to which the Offeror has not previously had an opportunity to respond) or to resolve minor or clerical errors. The Government hereby advises Offerors that adverse past performance information to which the Offeror has not yet had an opportunity to respond (reference FAR 15.306) does not include information obtained from formal rating systems, such as Past Performance Information Retrieval System (PPIRS) or Federal Awardee Performance and Integrity

Information System (FAPIIS).

6. The Government reserves the right to open discussions if deemed necessary. In the event that discussions are necessary, the Procuring Contracting Officer (PCO) will establish a competitive range in accordance with FAR 15.306.

7. All proposals shall use the English language. Offerors shall utilize Arial or Times New Roman, with a minimum font size of 12 point.

8. The Offeror's proposal shall consist of the following five volumes:

Volume 1 - Technical Approach Factor

Volume 2 - Past Performance Factor

Volume 3 - Price Factor

Volume 4 - Small Business Participation Factor

Volume 5 - Solicitation and Amendments

9. The complete proposal, as described above, shall be electronically submitted to the Contracting Officer and her representative no later than the due date and time specified in the solicitation and any subsequent amendments (if applicable). The Government will not evaluate proposals submitted by mail or hand-carried. Electronic mail proposal submissions shall not exceed a size limit of 10MB. The Government recommends that the Offeror request a "Return Receipt" or other form of acknowledgment to verify that the Government received the proposal submission. The Government will also accept proposals submitted via the DoD SAFE website located at https://safe.apps.mil/ . Offeror's must submit a file Drop-off request from one of the POC's located below in order to gain file Drop-off access.

Electronic Mail:

kristy.l.tierney.civ@mail.mil benjmamin.c.riessen.civ@mail.mil

10. All computer files shall be virus checked prior to submission. The Government may hold Offerors financially liable for damage caused to Government computer systems by any virus introduced during review of these submitted documents.

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B. Proposal Instructions and Content by Volume:

1. Proposal Volume 1 - Technical Approach Factor:

The Technical Approach Factor consists of the following three Sub-factors:

Sub-factor 1: Manufacturing Plan

Sub-factor 2: Quality Plan

Sub-factor 3: Management Plan

Volume 1 Instructions:______________________

The Offeror shall develop its Technical Approach proposal using Microsoft Word or Portable Document Format (.PDF) with a minimum font size of 12 point. It shall consist of a maximum of 90 pages, one Integrated Master Schedule (IMS) (provided as part of the Offeror's Sub-factor 3 Management Plan proposal), and a minimum of one but up to the maximum of five Process

Flow Diagrams (provided as part of the Offeror-s Sub-factor 1 Manufacturing Plan proposal). The IMS and Process Flow

Diagrams will not count towards the page limit. Offerors are required to submit both the IMS and the Process Flow

Diagram(s) in pdf format and each shall be no larger than 11 x 17 printed. Offerors shall number all pages. If an Offeror provides more than the maximum allowance of pages, the Government will not evaluate any pages above 90. If an Offeror does not comply with the submission requirements, the Technical Approach proposal may be rejected and not evaluated. Offerors must submit the Technical Approach proposal by the closing date and time of the solicitation.

Volume 1 Content:_________________

a. Sub-factor 1 - Manufacturing Plan: The Offeror shall provide its detailed Manufacturing Plan proposed for production of _________________________________ the M206 and MJU-7A/B flares to meet the requirements of the solicitation. The Offeror's Manufacturing Plan must identify the essential manufacturing processes, the essential procedures, including process control, and the essential skills required to produce the M206 and MJU- 7A/B flares in accordance with the applicable technical data packages. The Offeror shall provide a minimum of one, but up to the maximum of five Process Flow Diagrams, which do not count towards the page limit. The Offeror's Manufacturing Plan must be realistic, achievable, and supportable. The Offeror is required to submit

Manufacturing Plans that differentiate between the M206 and MJU-7A/B flares where appropriate. At a minimum, the

Manufacturing Plan shall include the following:

i. Identify essential manufacturing and test facilities, equipment and skills.

ii. A detailed description of the proposed manufacturing processes/plans, to include information as to whether the processes/part is manufactured in-house or procured from a sub-contractor/vendor. For each part: define all work to be accomplished by a sub-contractor and provide the name of the proposed sub- contractor.

iii. A detailed description of the process control mechanisms/systems and equipment used throughout the proposed manufacturing process.

iv. A detailed description of the Offeror's Material Obsolescence Program and identification of single point failure materials or single supplier issues, and actions taken to mitigate this risk of material non-availability.

b. Sub-factor 2 - Quality Plan: The Offeror shall provide its detailed Quality Plan which shall describe the Offeror's ___________________________ proposed approach for the performance of Quality Assurance to meet the solicitation requirements. The Offeror shall submit

Quality Plans that differentiate between the M206 and MJU-7A/B flares where appropriate. At a minimum, the Quality Plan shall include:

i. Objective evidence that the Offeror's quality system complies with the requirements of the solicitation listed in

Section E - Higher-Level Contract Quality Requirements. For example, independent certification by an accredited registrar, approval by Headquarters, Joint Munitions Command, etc., or a copy of the Offeror's general quality manual (will not be counted against the maximum number of pages).

ii. A description of the interrelations of the Offeror's quality program to the organization and its relationship with subcontractors and suppliers. A description of the mechanisms through which the Offeror flows down and verifies contractual quality requirements to its subcontractors.

iii. Procedures for identification, control, correction, and resolution of deficiencies found in components, assemblies and end items.

iv. A description of the proposed program for the identification, inspection, prevention and control of critical defects.

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v. A description of the Offeror's in-coming supplies and materials inspection plan/procedures to insure supplies and materials utilized in production conform to the drawings and specifications.

c. Sub-factor 3 - Management Plan: The Offeror shall provide its detailed Management Plan proposed for production of the ______________________________

M206 and MJU-7A/B flares to meet the solicitation requirements. The Offeror shall provide an IMS (which does not count towards the page limit) and Integrated Master Plan (IMP). The Offeror shall submit a Management Plan that differentiates between the M206 and MJU-7A/B flares where appropriate. At a minimum, the Management Plan shall include the following:

i. Provide details for planning, establishing and implementing all processes the Offeror intends to use to execute the program and control technical, cost and schedule risk. Define and describe the integration of all the diverse tasks and milestones that the Offeror must be successfully complete along with the requisite resources.

ii. The Offeror's IMS shall clearly illustrate the interdependencies of all activities, events, supporting tasks, and milestones; and the extent to which it is both supportable and achievable. The Offeror's critical path shall be realistic, and the Offeror shall assess the overall associated risk. The Offeror shall provide schedule data on its key subcontractors and suppliers.

iii. A description of how the Offeror will meet the delivery schedules for the M206 and MJU-7A/B flares. This schedule shall include key supplier/subcontractors schedules. The plan must be realistic, achievable and supportable, and shall include a milestone chart and a description of the Offeror's production capacity.

iv. A description of the process for development, qualification and insertion of new technology, product, or process improvement.

v. Identify all key individuals to include the area of responsibility and the reporting chain. Details on any involved

Integrated Product Teams (IPTs) and the skills and experience of key individuals. A description of skilled personnel available for the performance period. Identify personnel currently in house, including skills and years of relevant experience. Describe training plans established to train production personnel.

vi. Identification and details relating to any efforts such as Six Sigma, Lean Design, cost reduction, material obsolescence, reliability improvement and continuous quality improvement efforts. Details provided on previous program application, effectiveness and results, and why it would be appropriate for the M206 and MJU-7A/B flares.

2. Proposal Volume 2 - Past Performance Factor (Past Performance Volume):

The Past Performance Factor consists of the following two sub-factors:

Sub-factor 1: Quality

Sub-factor 2: On-Time Delivery

Volume 2 Instructions:______________________

The Past Performance volume shall consist of a list and description of all recent Government, Commercial, and Foreign

Military Sales (FMS) contracts that are relevant to this solicitation and requirement in which the Offeror performed as either the Prime or a major/key subcontractor.

The Offeror must submit all contract information (Government, Commercial, and FMS) that meets the definitions for "Recent" and "Relevant".

The Government defines Recent as 1) occurring within the past three years before the initial closing date of this ______ solicitation, or 2) awarded earlier than three years ago, but for which deliveries occurred or were scheduled to occur within the past three years before the initial closing date of this solicitation. The Government may evaluate any subsequent performance prior to the date of award of this requirement.

It is incumbent upon the Offeror to explain the relevance of the data provided. The Government defines Relevant as a ________ present or past performance effort that involved similar scope and magnitude of effort and complexities this solicitation requires. Similar scope and magnitude of effort and complexities would include having previously produced like or similar items which utilized the same or similar manufacturing processes, critical skills, and unique techniques needed to produce the IRCM flares.

The Government reserves the right to determine whether an item is like or similar, and whether the item applies to the current requirements for evaluation purposes. The Government may also consider the degree to which contracts are of a comparable complexity to the proposed effort in determining relevance.

It is incumbent upon the Offeror to explain why they consider a proposed subcontractor to be a major/key subcontractor on a

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relevant requirement. The Government considers an Offeror a major/key subcontractor when the Offeror performed or is _______________________ performing 20 percent or more of a relevant requirement based on total dollar value OR performed or is performing major or critical aspects of a relevant requirement.

The burden of providing thorough and complete past performance information remains with the Offeror. The Government advises

Offerors that while the Government may use independent data to evaluate an Offeror's past performance the Government does not assume the duty to search for data to cure problems.

There is no page limit for the Past Performance volume and all pages shall be numbered and utilize a minimum font size of

12 point. The Offeror shall include a Table of Contents page, listing the title and page number for each recent and relevant contract included in the Past Performance volume. In the body of the volume, each recent and relevant contract will consist of a Contract Description and a Performance section, with the Performance section discussing Quality and On-

Time Delivery. Each recent and relevant contract shall begin on a new page to clearly delineate between efforts.

Volume 2 Content:_________________

a. Contract Descriptions:

i. Contractor/Subcontractor company name, place of performance, Commercial and Government Entity (CAGE) Code, and Data

Universal Numbering System (DUNS) Number

ii. Contract Number(s) and if applicable, Delivery Orders

iii. Contract Type (Fixed Price, Cost Reimbursable, etc.)

iv. Total awarded contract value and total current contract value

v. Item Nomenclature, NSN, and Part Number

vi. Description of the contract effort

vii. Description of relevance to this acquisition.

viii. Name of Government contracting activity or Commercial firm and address; Procuring Contracting Officer or

Contract Manager name, e-mail address, and telephone numbers.

ix. Government's technical representative/Contracting Officer Representative, if applicable, and current e-mail address and telephone numbers.

x. Government contract administration activity and the Administrative Contracting Officer's name, current e-mail address, and telephone numbers (if different from viii above).

xi. State whether any Cure Notices, Show Cause Letters, or Letters of Concern were received (if so, include a description of any corrective actions implemented by the Offeror).

xii. State whether the contract was terminated in whole or part, and if so identify the type of termination and reasons for the termination. Offerors shall provide the above required information for all recent and relevant contracts it has had terminated for any reason, to include those currently in the process of termination.

xiii. New corporate entities may submit data on prior contracts involving its officers and employees. However, in addition to the other requirements in this section, the Offeror shall discuss in detail the role performed by such persons in the prior contracts.

b. Performance:

i. Sub-factor 1 - Quality: Offerors shall provide information on their recent and relevant past performance in the _______________________ area of Quality to address Quality Assurance standards applied to meet technical and quality contractual requirements.

Offerors may submit evidence of quality awards and/or quality certifications for consideration. Offerors shall disclose information about previous Requests for Deviation (RFDs); Request for Variances (RFVs); Request for Waivers (RFWs); if

RFDs, RFVs, or RFWs were followed by Engineering Change Proposals; Product Quality Deficiency Reports; Corrective Action

Requests; First Article Test (FAT) or Lot Acceptance Testing (LAT) failures; and/or other product quality deficiencies or production problems. The Offeror shall describe their response to stated quality problem(s) (root cause analysis), resolution of the quality problem(s), corrective actions taken to prevent recurrence, and any resulting process improvements. Where no product quality deficiencies, production problems, testing failures, and/or other product quality problems occurred, the Offeror shall so affirm. The Offeror shall provide results of past product/process improvement

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initiatives. The Offeror's submission must be clear and concise when describing any deficiencies, corrective actions, and implementation.

ii. Sub-factor 2 - On-Time Delivery: Offerors shall provide information regarding recent and relevant past performance ________________________________ in the area of timeliness of delivery. The Offeror shall provide the original monthly contract delivery schedule, any revised monthly contract delivery schedules, and actual (or projected) monthly deliveries that occurred for each contract.

Please note the information requested is not production or shipping schedules, but contractual delivery schedules.

Therefore, the date of Government or customer acceptance of product (DD250 or Wide Area Work Flow Receiving Report acceptance date) represents when actual delivery occurred on the contract.