W52P1J18R0059_-_FBO_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-18-R-0059 X

2019OCT22

2019NOV2101:00pm

DOA6

2019OCT22 SEE SCHEDULE

W52P1J

ARMY CONTRACTING COMMAND - RI

ROCK ISLAND, IL 61299-8000

BLDGS 60 & 62

BENJAMIN C. RIESSEN

(309)782-5225

CCRI-AR

BENJAMIN.C.RIESSEN.CIV@MAIL.MIL

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X 1

X 4 X 6

X 10 X 12 X 26

X 33

X 37

X 39

X 57

X 58

X 64

X 72

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 ***

North American Industry Classification System (NAICS) Code - 325998 (All Other Miscellaneous Chemical Product and Preparation

Manufacturing)

1. This solicitation is for the following item:

ITEM: A/P25S-5B PERSONNEL DISTRESS SIGNAL KIT, RED

NSN: 1370-01-523-4694

P/N: 200425104

DODIC: L119

2. This request for proposal (RFP) will be competed as a Total 100% Small Business Set-Aside (SBSA). It is the Governments intent to award a firm fixed price, single award, five-year contract consisting of a firm base quantity of 10,000 ea. A/P25S-5B Personnel Distress

Signal Kits, Red, plus a one-year base evaluated option, and four one-year evaluated options consisting of a total 5-year maximum quantity of 250,000 ea A/P25S-5B Personnel Distress Signal Kits, Red for all options.

A contract award made as a result of this RFP will include evaluated options that the Government may unilaterally exercise in accordance with Section I clause 52.217-6, Option for Increased Quantity. The evaluated Option Periods are as follows:

Base Option, Option Period 1 - Date of Award through 365 Days after Award

Option Period 2 - 366 Days after Contract Award through 730 Days after Award

Option Period 3 - 731 Days after Contract Award through 1,095 Days after Award

Option Period 4 - 1,096 Days after Contract Award through 1,460 Days after Award

Option Period 5 - 1,461 Days after Contract Award through 1,826 Days after Award

The exact dates representing the five Option Periods will be entered upon contract award.

3. The above item is to be procured Freight on Board (FOB) Origin with separately priced First Article Testing (FAT). Offerors are cautioned to carefully review the entire Technical Data Package (TDP) prior to submitting a proposal.

4. DELIVERIES: The following is the delivery schedule:

CLIN 0001 - First Article Test Report will be due 360 days after contract award.

CLIN 0002 - Production deliveries will be due 480 days after contract award at a rate of up to 4,100 ea. units per month.

If exercised by the Government, Base Option, Option Period 1 quantity deliveries will follow on to the existing delivery schedule at the same monthly production rate of up to 4,100 ea. units per month. If exercised by the Government, Option Period 2 through 5 quantity deliveries will begin 30 days after exercise of the option and run at a rate of up to 4,100 ea. units per month, or follow on to the existing delivery schedule at a rate not to exceed 4,100 ea. units per month; whichever is later.

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

5. The resulting contract from this solicitation will utilize total (cumulative) pricing for all of the Option Periods for production

CLINs. The cumulative quantity unit pricing will be reflected forward. Unit prices of previously exercised quantities will not be adjusted.

6. Offerors proposals shall include prices for all quantity ranges and FAT for the Base quantity and all Option Periods. All prices shall be entered by the Offerors on the Price Matrix (Attachment 001) in accordance with Section L. Offerors shall not assume FAT will be waived and must provide FAT prices as required to be considered for award.

7. The Government anticipates price competition; therefore, Offerors are not required to submit cost or pricing data with the Offeror's

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initial proposal. However, the Government reserves the right to require cost or pricing data in accordance with 252.215-7008 Only One

Offer.

8. Offerors should take special notice of the Section L, provision at FAR 52.215-1, Instructions to Offerors Competitive Acquisition.

The Government intends to award a contract resulting from this solicitation without discussions with Offerors (except clarifications as described in FAR 15.306(a) and FAR 52.215-1). 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.

If the Government conducts discussions, the PCO shall establish a competitive range comprised of all of the most highly rated proposals.

The Government shall establish the competitive range based on an analysis of each Offerors Technical Approach, Past Performance, and

Price. The PCO may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the highest rated proposals.

9. 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 if applicable 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 0003-ASSIST Instructions for further information.

10. The Government will evaluate proposals using best value, trade-off procedures in accordance with FAR 15.101-1. The Government will evaluate the Offeror's Technical Approach, Past Performance, and Price under this RFP. The Government cautions Offerors 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. The Government will make award to the Offeror whose proposal is determined to provide the best value to the Government based upon Section M criteria; therefore, the Government may make award to other than the lowest priced Offeror.

11. To be considered for award, Offerors proposals shall remain valid for 120 days from the closing date of the solicitation. Offerors shall ensure on the SF33, page 1, block 12, the blank is filled in with 120 days.

12. Refer to the Section C, Technical Data Package Information, and Distribution and Destruction of Restricted Technical Data. The TDP for the A/P25S-5B Personnel Distress Signal Kit, Red is classified as 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.

13. The A/P25S-5B Personnel Distress Signal Kit, Red is considered to be sensitive ammunition/explosives. In accordance with paragraph C of DFARS clause 252.223-7007 a Statement of Work (SOW) that specifies requirements found in DoD 5100.76M, Appendix 2 is attached to this solicitation. Refer to Attachment 0004 entitled Security Statement of Work Physical Security Standards for DoD Security Risk Category

III/IV Ammunition and Explosives COCO Facilities. Safety and Security Pre-award surveys will also be required for all proposed A&E places of performance.

14. Refer to Section L, Instructions, Conditions and Notices to Offerors for proposal preparation instructions and for instructions on completing the pricing matrix. Refer to Section M Evaluation Factors for Award for how the Government will evaluate proposals submitted against this RFP.

15. In accordance with CFR 31 U.S.C. 1352, Offerors shall complete and return Attachment 0007 Disclosure of Lobbying Activities. If not applicable the Offeror shall mark the Disclosure of Lobbying Activities form with N/A and return Attachment 0007 with Offerors proposal.

16. Offerors are responsible for including sufficient details 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. The Government cautions

Offerors to ensure that their proposal is complete including all fill-ins and blanks in the solicitation. This includes written approval from the cognizant contracting officer for use of Government facilities and equipment, if applicable.

17. The above narrative summary is provided for administrative assistance only and is not intended to alter the terms and conditions for the RFP. Any inconsistency between this executive summary and other RFP provisions shall be resolved in favor of the RFP provision.

Provisions of the TDP and RFP shall prevail.

18. This RFP shall not be discussed with any Government employee except the Contracting Officer, Ms. Stephanie Migawa, or her representative, Mr. Benjamin Riessen. Your comments and/or questions should be directed in writing by email to Ms. Migawa at stephanie.m.migawa.civ@mail.mil and Mr. Riessen at benjamin.c.riessen.civ@mail.mil Please indicate the RFP number, W52P1J-18-R-0059, in the subject line of the email correspondence pertaining to this RFP.

*** END OF NARRATIVE A0001 ***

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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 - A/P25S-5B PERSONNEL DISTRESS _________________________________________________

KIT, RED $ $ ________ ______________ __________________

COMMODITY NAME: FAT - A/P25S-5B SIGNAL KIT

CLIN CONTRACT TYPE:

Firm Fixed Price

Mfr CAGE: 98747

Mfr Part Number: 200425104

FAT price shall be entered on the Pricing Matrix

(Attachment 0001).

FAT approval date shall be 390 days after contract award (if required).

(End of narrative B001)

Packaging and Marking _____________________

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Destination

Government Approval/Disapproval Days: 30

Deliveries or Performance _________________________

FOB POINT: Origin

SHIP TO:

(W52P1J) SR W4MM USA JOINT MUNITIONS CMD

ARMY CONTRACTING COMMAND ROCKISLAND

BLDG 350 RODMAN AVE

ROCK ISLAND,IL,61299-5000

0002 PRODUCTION - A/P25S-5B PERSONNEL DISTRESS KIT, RED $ $ __________________________________________________ ______________ __________________

COMMODITY NAME: A/P25S-5B SIGNAL KIT

CLIN CONTRACT TYPE:

Firm Fixed Price

Packaging and Marking _____________________

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

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Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

The required delivery schedule will be up to a maximum of 4,100 units per month of the A/P25S-5B

Personnel Distress Signal Kit.

Production unit prices shall be entered on the

Pricing Matrix (Attachment 0001).

(End of narrative F001)

Deliveries or Performance _________________________

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.

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.

CLIN 0003 shall not be separately priced.

A Material Inspection and Receiving Report is not required.

(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) A/P25S-5B PERSONNEL DISTRESS SIGNAL KIT, RED, NSN: 1370-01-523-4694, DODIC: L119, Drawings and Specifications in accordance with

Data List 200425104, REV C with revisions in effect as of 11/18/2018, and revisions of documents thereon, are applicable to the procurement.

LETTER OF EXCEPTION DATED 1/25/2019 APPLIES

LETTER OF EXCEPTION DATED 10/16/2019 APPLIES

(c)Government specifications and standards listed in the ADL may be obtained from the standardization documents order desk, building 4D, 700 Robbins Avenue, Philadelphia, Pennsylvania 19111-5094. Industry association specifications and standards may be obtained from the applicable associations.

(d) 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) 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.

(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. Raw material is defined as material in the mill forms and shapes normally produced for commercial use.

a. BLACK POWDER

b. MAGNESIUM POWDER

c. EXPLOSIVES

d. ROCKET MOTORS

e. ROCKET GRAINS

f. DELAY MIX

g. PROPELLANT

h. STRONTIUM NITRATE

i. POTASSIUM PERCHLORATE

j. PRIMERS

k. BORON POTASSIUM NITRATE

l. BORON BARIUM CHROMATE

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

(d) The Contractor will insert the substance of this statement of work, including this paragraph (b), 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) 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 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 FBO. This viewing software is freeware, available for

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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 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 CLIN's 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: N/A

TDPL Date: N/A

TDP Link (URL): N/A

(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 Government approval prior to gaining access to the requested information. To request access click on the link(s) provided below, log in to FBO, click on "Packages" sub-tab and then click on the

"Request Explicit Access" button. Completion of a "Use and Non-Disclosure Agreement" form may be required prior to gaining access to the TDP. Please allow 2-3 working days to process your request. You will receive a system generated email from 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 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 "ExportControl" will require Government approval 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 the "Export Control" TDP(s). Completion of a "Use and Non-Disclosure

Agreement" form 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 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: 0001 & 0002

TDPL Date: 11/18/2018 with Engineering Exceptions (Rev A)

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TDP Link (URL):

https://www.fbo.gov/notices/744cba98817b2bf65c938be6738d7360

(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 CHANGE MANAGEMENT DOCUMENTATION_____________________________________________

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

Government provided TDP. The contractor shall prepare and submit ECPs, 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 Notices of Revision (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 DD Form 1695-

1 Tabulated NOR (or equivalents) 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 post- production 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__________________________

(a) Compliance with Environmental Laws and Regulations: Contractor shall comply with all applicable federal, state, and local

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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 200-1, and any specifications within this contract to the Contracting Officer

Representative (COR).

(b) Compliance with Green Procurement Requirements: Contractor shall follow Federal EPA Comprehensive Procurement guidelines

(.epa.gov/cpg ) and Army Contracting Command Quick Guide (https://acc.aep.army.mil/accapps/ACCMAP/Documents/Quick-Guide-for-Sustainable-

Procurement.docx ) for acquisition of building materials and products and select materials that have a long life cycle; the least toxic materials; recyclable materials; materials that are resource-efficient; materials with the maximum recycle content; materials harvested on a sustained yield basis; and products causing the least pollution during their manufacture, use, and reuse.

(c) Generation of Hazardous Waste: Contractor shall assign all hazardous waste management responsibilities to the appointed

Environmental Compliance Designee (ECD). Contractor shall contact the Designated Government Representative (DGR) and/or COR 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.

(d) Use of Hazardous Waste: Contractor shall assign all hazardous materials management responsibilities to the appointed ECD. Contractor shall contact the DGR or COR 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 COR 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 COR.

(e) Pollution Prevention/Hazardous Waste Minimization: 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: A/P25S-5B PERSONNEL DISTRESS SIGNAL KIT, RED

PN: 200425104

NSN: 1370-01-523-4694

DODIC: L119

PACKAGING REQUIREMENTS

(a) Packaging shall be in accordance with F00-490-7362 revision V, dated JAN 28 2013.

(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 F00-490-7362 revision V, dated JAN 28 2013. 2-D barcodes are require in accordance with

12999545, rev J, dated 26 Jan 2018.

(d) The following shall apply to drawing F00-490-7362 revision V, dated JAN 28 2013:

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

(f) EXCEPTION TO POP MARKINGS

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

(g) POP VERIFICATION

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

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

(h) HEAT TREAT WOOD QUALITY MARKING

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

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

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

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

(i) MARKING

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

(j) Palletization shall be in accordance with 19-48-4116/105A, revision 05, dated 01 February 2019. 19-48-4116, Revision 13, dated 01

Jan 2017, applies. This drawing is the basic palletization drawing called out in this contract. Marking shall be in accordance with

ACV00561, Revision G, dated 26 JAN 2018. Wood Packaging Material (WPM) shall be in accordance with ACV00831, Dated: 01 MAR 2010. 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:

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 9001:2015 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)

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

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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 non-conformances includes those non-conformances pertaining to Critical I, Critical II and Special characteristics. Unless otherwise stated in Section C, these characteristics shall be subject to all requirements of this section.

(e) In addition to critical characteristics defined in the governments technical data (drawings, specifications, etc.), the contractor shall also identify and document in its contractor developed technical data all known material, component, subassembly and assembly characteristics whose non-conformances would likely result in hazardous or unsafe conditions for individuals using, maintaining or depending upon the product. All additional critical characteristics identified by the contractor shall comply with the critical characteristic requirements of the technical data package, supplemented herein. The Critical Item Characteristic List (CICL) review process shall be included in the CCC Plan. The contractors additional critical characteristics shall be classified in accordance with guidance located at http://www.ardec.army.mil/organizations/QESA/ and shall be submitted to and approved by the PCO prior to production (see DD Form 1423).

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

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

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

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

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

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

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

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

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

CPOA. If the CPOA includes other documents by reference they shall be submitted upon request.

Guidance for the development of a CPOA can be found in the referenced guidance located at paragraph (a) of this section.

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

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

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

*** END OF NARRATIVE E0001 ***

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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). 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…