W52P1J-18-R-3019.pdf

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Nicholas.j.brown91.civ@mail.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

DO-A6 1 68

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W52P1J 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 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

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

CALL:

A. NAME (NO COLLECT CALLS)

NICHOLAS J BROWN (309) 782-7252

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 4 5 - 11

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

12 - 19 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

20 - 29 30 - 38

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 39 - 40 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 41 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance 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

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

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:

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

42 - 55

PART II - CONTRACT CLAUSES

ARMY CONTRACTING COMMAND ROCK ISLAND

ACC-RI

3055 RODMAN AVENUE

ROCK ISLAND IL 61299-8000

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

13 Apr 2018

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W52P1J18R3019

Section A - Solicitation/Contract Form

EXECUTIVE SUMMARY

1. This Request for Proposal (RFP), W52P1J-18-R-3019, is issued to Nation Ford Chemical (NFC) under the authority of FAR 6.302-3, Industrial mobilization; Engineering, Development, or Research Capability; or Expert Services. This RFP is to solicit a proposal for yellow, green, red, and violet smoke dyes in support of the M18 Smoke Grenades at Pine Bluff Arsenal. The US Government intends to award a Firm-Fixed-Priced (FFP), Indefinite Delivery, Indefinite Quantity (IDIQ) contract with a base year and four ordering periods,. An indefinite-quantity contract provides for an indefinite quantity, within stated limits, of supplies during a fixed period. Government requirements will be placed against delivery orders. The contract requires the Government to order and the contractor to furnish at least a stated minimum quantity of supplies. In addition, if ordered, the contractor must furnish any additional quantities, not to exceed the stated maximum (See Clause 52.216-19, Order Limitations). The sequence for deliveries of the dyes is: yellow, green, red, and violet. However, the government reserves the right to change the sequence at any time, and orders may be comprised of any combination of dye colors (CLINs 0001- 0004).

2. The Government's only obligation under the subsequent contract is for the guaranteed minimum quantities of 10,000 lbs that can be comprised of any combination of the dye colors (CLINs 0001-0004). The minimum guarantee will be obligated by the first delivery order awarded simultaneously with the base IDIQ contract. All other quantities are estimates only, and do not bind the Government in any way to include, but not limited to, quantities listed in Section B of this solicitation.

3. Additional delivery orders may be issued against this contract. Each order issued stands on its own insofar as it obligates the Government. Pricing for each ordering period will be in accordance with contractor's pricing matrix, that will be required in lieu of Section B. The ordering periods for the subsequent contract are as follows:

Ordering Period 1 (Base Year) – Date of Contract through 30 September 2018 Ordering Period 2 – 01 October 2018 through 30 September 2019 Ordering Period 3 – 01 October 2019 through 30 September 2020 Ordering Period 4 – 01 October 2020 through 30 September 2021 Ordering Period 5 - 01 October 2021 through 30 September 2022

4. During the life of the subsequent contract, the Government is entitled to order a maximum total quantity of 750,000 lbs that can be comprised of any combination of the dye colors (CLINs 0001-0004).

5. See Clause 52.216-18 for additional ordering information. All orders will be F.O.B. Destination to Pine Bluff Arsenal.

6. The Contractor is not obligated to honor any order for a single item less than 2,500 lbs each of Green, Yellow, and Violet dyes or 1,500 lbs of Red dyes. The Contractor is not obligated to honor any order for a single item in excess of 40,000 lbs each of Green, Yellow, Red, or Violet dyes. The Contractor is not obligated to honor any order for any combination of items in excess of 160,000 lbs. See Clause 52.216-19 for additional ordering limitation information.

NOTE: ALL CARRIER SHIPMENTS MUST BE SCHEDULE IN ADVANCE. SEE "NOTICE TO

TRANSPORTATION CARRIERS" IN SECTION F OF THE SOLICITATION.

7. This acquisition is a sole source award to Nation Ford Chemical (NFC). In accordance with FAR 6.302-3(b)(1)(i), it has been determined that NFC is the only contractor within the U.S. and Canada capable of producing these colored dyes in accordance with the required military specifications.

8. It is required that NFC provide a complete, fully substantiated Cost/Price Proposal in accordance with FAR 15.408, Table 15-2 in addition to the Pricing Matrix (fully completed). The subject effort is expected to be a negotiated action that requires submission of Certified Cost or Pricing data IAW FAR 15.403-4. Therefore Certified Cost or Pricing must be submitted in accordance with FAR 15.403-5, including Table 15-2. In order to ensure initial submission of a fully compliant and adequate proposal, and subsequently avoid any delays associated with proposal inadequacies and excessive proposal preparation costs, the “Cost and Pricing Proposal Adequacy Checklist (Attachment 32) must be filled out and provided with your proposal. If there is any major non-compliance with the attached checklist, your entire proposal may be returned and you will be expected to provide a revised, adequate proposal within 15 days. Minor non-compliance will require immediate correction in order to proceed with proposal evaluation and negotiations. The Government also reserves the right to request Other Than Certified Cost and Pricing Data IAW FAR 15.403-5 if deemed necessary.

9. NFC is required to provide a complete proposal, including all fill-ins and blanks in this Solicitation. This includes a Small Subcontracting Plan with proposal submission, as required by FAR Clause 52.219-9 Alt I SMALL

BUSINESS SUBCONTRACTING PLAN.

10. As an Addendum to this Solicitation, NFC agrees to hold the price in its offer for 120 calendar days from the date specified for receipt of proposal.

11. The Delivery Schedule is set forth in Section F of this Request for Proposal. Offerors will propose under the premise that early deliveries are acceptable at no additional cost to the Government.

12. Only ACC-RI is authorized to issue delivery orders against this IDIQ contract.

13. This Executive Summary is provided as an administrative convenience and is not intended to alter the terms and conditions of the solicitation. Any inconsistencies between this Executive Summary and other solicitation provisions shall be resolved in favor of the solicitation provisions.

14. The following is a Government POC list for ACC-RI in regards to this contract. Communications should start at the lowest possible level:

Contract Specialist Nick Brown (309) 782-7252 nicholas.j.brown91.civ@mail.mil Procuring Contracting Officer Marianne Whitmer (309) 782-6605 marianne.whitmer.civ@mail.mil Branch Chief Cindy K. Wagoner (309) 782-0182 cindy.k.wagoner.civ@mail.mil Division Chief Mary J. Donovan (309) 782-7946 mary.j.donovan4.civ@mail.mil Deputy Executive Director Mark E. Mower (309) 782-1169 mark.e.mower.civ@mail.mil Executive Director Jay T. Carr (309) 782-0929 jay.t.carr.civ@mail.mil

ADDITIONAL INFORMATION

NON-RELEASE OF CONTRACT INFORMATION

1. Any proprietary, confidential commercial, trade secret or similar type of information in the contract resulting from this solicitation may not be released to anyone outside the Government.

2. Do not release proprietary, confidential commercial, trade secret or similar type of information from this contract to anyone inside the Government that does not have a legitimate need to know the information.

3. If in doubt about what information in the contract may be released, contact the Contracting Officer.

4. Criminal penalties are provided by 18 U.S.C. for the improper release of proprietary and/or confidential commercial information.

DISCLOSURE OF UNIT PRICE INFORMATION

This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23,1987), of our intention to release unit prices of the awardee in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the Contracting Officer is notified of your objection to such release prior to submission of initial proposals.

(End of clause)

SUPPLEMENTAL INFORMATION FOR 2-D BAR CODING VERIFICATION

The following website and guide are provided as reference and to assist in understanding and constructing 2D bar code item identification labels.

a. Web site for government developed bar code software, Joint Munitions Bar Code Labeler (JMBL) is:

http://www.savi.com/downloads/JMBL/index.html

b. An Introductory Guide, The Requirements and Implementation of 2D Bar Codes on Munitions, is available upon request from HQ, JMC, AMSJM-LIS, 309-782-5206.

The guide will give you background information on the what and why of 2D bar codes for exterior shipping containers (boxes, cans, etc.) and unitized (palletized) loads. The website makes available software originally developed for government-owned, government-operated facilities. The software generates MIL-STD-129P compliant ammunition identification labels, and supports specific printers and label stock which conform to the requirements of MIL-PRF-61002A. The website also contains software user's and administrator's guides you may find helpful. The software is now made available to JMC suppliers at no charge, but comes with no warranty or support of any kind.

AUTHORIZED SIGNATURE

The signature on this solicitation, offer or contract should be the signature of:

(a) A Corporate Officer (President, Vice-President, Treasurer, Secretary); or,

(b) An individual authorized in writing by a Corporate Officer to bind the company to a legal document.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 200,000 Dye, Solvent Yellow 33

FFP

Chemical Abstracts Service (CAS): 8003-22-3, Chemically known as 2-(2-quinolyl)-1,3-indandione Dye, Solvent Yellow 33, (Type II) in accordance with MIL-DTL-51485B (EA) with Amendment 2, dated 20 April 2010.

FIRST ARTICLE IS MANDATORY. See Section E for guidance. Material Safety Data Sheet (MSDS) and Certificate of Analysis (COA) are required with First Article Sample and each shipment for all CLINs.

PRICING SHALL BE SUBMITTED ON THE SEPARATELY ATTACHED

PRICING MATRIX. See Clause FAR 52.216-18 in Section I for additional ordering information.

FOB: Destination

PSC CD: 6820

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 200,000 Dye, Solvent Green 3

FFP

CAS: 128-80-3, Chemically known as 1,4-di-p-toluidinoanthraquinone Dye, Solvent Green (Type II) in accordance with MIL-DTL-3277F (EA) with Amendment 2, dated 20 April 2010.

FIRST ARTICLE IS MANDATORY. See Section E for guidance. Material Safety Data Sheet (MSDS) and Certificate of Analysis (COA) are required with First Article Sample and each shipment for all CLINs.

PRICING SHALL BE SUBMITTED ON THE SEPARATELY ATTACHED

PRICING MATRIX. See Clause FAR 52.216-18 in Section I for additional ordering information.

UNIT UNIT PRICE MAX AMOUNT

0003 200,000 Dye, Red Disperse 9

FFP

CAS: 83-38-2, Chemically known as 1-methylaminoanthraquinone (Disperse Red 9), in accordance with MIL-DTL-3284F (EA) with Amendment 1, dated 27 October 2009.

FIRST ARTICLE IS MANDATORY. See Section E for guidance. Material Safety Data Sheet (MSDS) and Certificate of Analysis (COA) are required with First Article Sample and each shipment for all CLINs.

PRICING SHALL BE SUBMITTED ON THE SEPARATELY ATTACHED

PRICING MATRIX. See Clause FAR 52.216-18 in Section I for additional

UNIT UNIT PRICE MAX AMOUNT

0004 200,000 Dye, Mix Violet

FFP

CAS: 81-63-0, chemically known as 1,4-diamino2,3-dihydroanthraquinone (Blue) and #82-38-2 (Dye, Disperse Red 9). Die, Mix, Violet (Type II) in accordance with MIL-DTL-3691E Amendment 2, dated 6 April 2010.

FIRST ARTICLE IS MANDATORY. See Section E for guidance. Material Safety Data Sheet (MSDS) and Certificate of Analysis (COA) are required with First Article Sample and each shipment for all CLINs.

PRICING SHALL BE SUBMITTED ON THE SEPARATELY ATTACHED

PRICING MATRIX. See Clause FAR 52.216-18 in Section I for additional

UNIT UNIT PRICE MAX AMOUNT

0005 5 Lot Yellow Dye FIRST ARTICLE TEST

FFP

FIRST ARTICLE IS MANDATORY. See Section E for guidance. MSDS and Certificate of Analysis (COA) are required with First Article Sample and each shipment for all CLINs.

UNIT UNIT PRICE MAX AMOUNT

0006 5 Lot Green Dye FIRST ARTICLE TEST

FFP

FIRST ARTICLE IS MANDATORY. See Section E for guidance. MSDS and Certificate of Analysis (COA) are required with First Article Sample and each

UNIT UNIT PRICE MAX AMOUNT

0007 5 Lot Red Dye FIRST ARTICLE TEST

FFP

FIRST ARTICLE IS MANDATORY. See Section E for guidance. MSDS and Certificate of Analysis (COA) are required with First Article Sample and each

UNIT UNIT PRICE MAX AMOUNT

0008 5 Lot Violet Mix Dye FIRST ARTICLE

FFP

FIRST ARTICLE IS MANDATORY. See Section E for guidance. MSDS and Certificate of Analysis (COA) are required with First Article Sample and each

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

10,000.00 750,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

1,500.00 160,000.00

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 2,500.00 200,000.00 0002 2,500.00 200,000.00 0003 1,500.00 200,000.00 0004 2,500.00 200,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

0001 2500.00

40,000.00

0002 2500.00

0003 1500.00

0004 2500.00

Section C - Descriptions and Specifications

STATEMENT OF WORK

M18 Color Smoke Grenades Dyes (Red, Yellow, Green and Violet)

C.1.0 Scope. The Contractor shall formulate, synthesize, blend, test and pack each color dye specified in the contract and deliver as per the directions in the contract. The quantity of each color dye and its delivery schedule are specified in the contract.

C.1.1 Background. The four unique dyes (red, green, yellow, violet) are chemically synthesized to meet the requirements in the applicable specifications listed in section C.2.0 below. The dyes are mixed with other chemical constituents to create colored smoke mix. To produce smoke grenades, the mix is consolidated into donut shaped slugs and loaded into the applicable body/housing. The smoke mix burns, creating a colored smoke cloud of the color of the dye used in the formulation. The final assembly is called M18 color smoke grenade and is used as a ground-to-ground or ground-to-air signaling device, a target or landing zone marking device, or a screening device for unit movements.

The grenade item provides 50 to 90 seconds of color smoke cloud time. The ingredients of the smoke mix at raw material level are selected so that the environmental hazards from raw material manufacturing, raw material mixing to result in smoke mix and the combustion products of the smoke mix are non-hazardous to the soldier and the environment around the soldier. The grenades are also required to survive the transportation, vibration and handling required for the military items.

The dyes Chemical Abstracts Service (CAS) numbers are as follows:

Dye, Solvent Yellow 33 CAS #8003-22-3, chemically known as 2-(2-quinolyl)-1,3-indandione

Dye, Disperse Red 9 CAS #83-38-2, chemically known as 1-methylaminoanthraquinone

Dye Mix, Violet CAS #81-63-0, chemically known as 1,4-diamino-2,3-dihydroanthraquinone (Blue) and #82-38-2 (Dye, Disperse Red 9)

Dye, Solvent Green 3 CAS #128-80-3 chemically known as 1,4-di-p-toluidinoanthraquinone

C.2.0 Applicable Documents.

MIL-DTL-3284F (EA) Dye, Disperse Red 9 (Type II) with Amendment 1 Dated 27 October 2009 MIL-DTL-3277F (EA) Dye, Solvent Green 3, (Type II) with Amendment 2 Dated 20 April 2010 MIL-DTL-3691E Dye Mix, Violet, (Type II) with Amendment 2 Dated 6 April 2010 MIL-DTL-51485B (EA) Dye, Solvent Yellow 33, (Type II) with Amendment 2 Dated 20 April 2010 MIL-DTL-3668E (EA) Dye, 1,4-diamino-2,3-dihydroanthraquinone (Blue), (Type II) with Amendment 1, dated 26 October 2009 MIL-D-3994C Dextrin, Technical Dated 23 July 1982 with Notice 3 dated 08 July 2004 MIL-HDBK-61A, Configuration Management dated 07 February 2001 MIL-STD-1168C, Ammunition Lot Numbering & Ammunition Data Cards dated 11 March 2014 MIL-STD-129R, Marking for Shipment and Storage dated 18 Feb 14 MIL-STD-147E with Change 1, Standard Practice: Palletized Unit Loads dated 23 December 2013 MIL-HDBK-781A, Reliability Test Methods, Plans, and Environments for Engineering Development, Qualification and Production with Notice 1 dated 30 January 2015 MIL-PRF-61002B, Labels, Pressure-Sensitive Adhesive, for Bar Coding with Revision B Amendment 2 dated 5 June 2013

ISO 9001:2008

C.3.0 Requirements.

C.3.1 General. The Contractor shall formulate, synthesize, blend, test, and pack deliver each color dye IAW applicable drawings, specifications and contract, inclusive of all approved Engineering Change Proposals (ECPs) and schedule, as detailed in the contract. The Contractor shall acquire and maintain facilities and equipment to provide Production, Engineering, and Quality Assurance/Reliability personnel necessary to meet the requirements of the contract.

C.3.2 Certification of Producibility. The Contractor shall review the Detailed Specifications for each color dye to identify any problem areas that would be detrimental to production and propose corrective actions through the Integrated Product Team (IPT) process. The Contractor’s analysis shall focus on eliminating inconsistencies in the Detailed Specifications related to omissions, errors, and specific elements of producibility, both stated and implied, to include materials, processes, packaging, testing, and single point failures. The analysis shall address any design feature that can be revised/broadened to simplify/improve assembly or performance. The Contractor’s review of the Detailed Specifications shall include all drawings, hazardous component safety data sheets, item specifications, and associated quality provisions and acceptance requirements. The Contractor shall certify to the Government Procurement Contracting Officer (PCO) (DI-MISC-80678* TAILORED CDRL A001) that the Detailed Specifications, including all components, assemblies, and parts thereof, can be formulated, synthesized, blended, and tested in complete compliance with this contract. The Contractor shall not be required to certify the Detailed Specifications to the performance requirements, shelf life or safety. The Contractor is responsible to certify the producibility of each deliverable in the contract, even if the Contractor does not submit Producibility Improvement Study (PIS) ECPs on each of the deliverables. If the Government disapproves an ECP that the Contractor states is essential for certification of producibility, then certification can be made conditional on a suitable solution of the issue deemed critical by the Contractor.

C.3.3 Rights in Technical Data. Any and all data submitted by the Contractor under the Certification of Producibility shall be provided to the Government with unlimited rights as defined in DFARS clause 252.227-7013, Rights in Technical Data -- Noncommercial Items.

C.3.4 Technology Insertion. At any time during the course of this contract, the Government may require, at its option, the insertion of state-of-the-art, advanced or alternate technology into the items called for under the contract.

Technology insertion may be initiated through Engineering Change Proposals and incorporated into the contract via contract modification. If any Engineering Change Proposal would result in the contract price being changed, it may be negotiated as any in scope change under change order modification, and any equitable adjustment shall be incorporated into the contract in the form of a contract modification.

C.3.5 Meetings.

C.3.5.1 Post Award Meeting. The Contractor shall host a post award meeting at the Contractor’s facility to include contracts, management, and technical personnel no later than 30 days after contract award. Minutes to be submitted within 5 business days post meeting (DI-ADMN-81505 CDRL A002). If an in-person meeting at the contractor's facility is not feasible, the post award conference may be held via teleconference, to be organized by the Contracting office. Agenda to be submitted more than 10 business days prior to meeting (DI-ADMN-81249B CDRL A003).

C.3.5.2 Other Meetings. The Contractor shall accommodate Government visits at least once during each color production run. It is anticipated that IPT meetings shall occur telephonically or at Contractor’s facility during regular production.

C.3.6 Configuration Management Plan. The Contractor shall submit and maintain a Configuration Management Plan throughout the life of the contract (DI-SESS-80858C CDRL A004). The Contractor shall submit Engineering Change Proposals (ECPs) (DI-SESS-80639D CDRL A005), Request for Variances (RFVs) (DI-SESS-80640D CDRL A006) and Notices of Revision (NORs) (DI-SESS-80642D CDRL A007) as necessary. MIL-HDBK-61A may be used as guidance when preparing these reports. All configuration changes must be reviewed and approved by the Government.

ECPs/RFVs shall be submitted on-line via the Edgewood Chemical Biological Center (ECBC) product data management system (PDMS) weblink application: https://pdms.apgea.army.mil/pdms/login.html.

Please contact the Government Procurement Contracting Officer (PCO) to request a PDMS account. A sponsor, cage code for the corporate entity, Certificate of Non-Disclosure, and External Certificate Authority (ECA) will be required. Upon completion of production, notify the PCO to terminate the account. An on-line help document is available on the above website and provides a description for generating ECPs and RFVs. MIL-HDBK-61A may be useful in defining content. All supporting documentation submitted shall be in Adobe Acrobat (.pdf) format with all fonts embedded. The following website can be accessed for information on purchasing an ECA:

http://iase.disa.mil/pki/eca/Pages/index.aspx.

All contractor employees with access to a government info system must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the Information System and then annually thereafter.

C.3.7 Design Changes.

C.3.7.1 Contractor Proposed Design Changes. If the contractor proposes a change to the configuration baseline of C.2.0, then the contractor shall submit to the Government evidence demonstrating that the contract requirements continue to be met. Changes to the design or process may, at the Government's discretion, require First Article Testing (FAT) at the Contractor’s expense.

C.3.7.2 Government Mandated Design Changes. If the design of the colored dyes changed to comply with a new Government regulation, the contractor may be required to supply the Government with additional hardware to re-qualify the item. All testing shall be conducted at the Government’s expense. The quantity of hardware and cost of any testing at the contractor’s facility shall be assessed at time of change and priced accordingly in a modification to the contract.

C.3.7.3 Requests for Variance (RFV). 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)). 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. RFVs shall be submitted for Government approval via IAW DI-SESS-80640D CDRL A006.

C.3.7.4 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.3.8 Control of Suppliers. The contractor shall establish a supplier network that will ensure timely delivery of material and parts throughout production to meet the requirements of the colored dyes. The contractor shall maintain control of the quality of all suppliers throughout production. The control techniques shall be defined but not limited to, incoming inspection, source inspection, and monitoring vendor selection, evaluation, and rating techniques. The contractor shall flow down all applicable requirements to their suppliers. The Government reserves the right to inspect contractor facilities, their potential suppliers, and any and all processes at the Government’s discretion at any time. The contractor shall inform potential suppliers that the Government reserves this right.

C.3.9 Accident/Incident Report. The contractor shall report immediately any major accident/incident (including fire) resulting in any one or more of the following: causing one or more fatalities, or one or more disabling injuries;

damage of Government property exceeding $10,000; affecting program planning or production schedules; degrading the safety of equipment under contract, such that personal injury or property damage may be involved; and identifying a potential hazard requiring corrective action. The contractor shall prepare the report IAW DI-SAFT- 81563 with Notice 1 CDRL A008 for each incident IAW the CDRL.

C.4.0 Quality Assurance.

C.4.1 Quality Assurance Program. The contractor shall maintain a quality management system, compliant with ISO 9001:2008 or equivalent submitted as part of the proposal.

C.4.2 Quality Management Plan and Detailed Inspection Plan. The contractor shall submit a product-specific quality assurance plan applicable for all four dyes in this contract IAW DI-MGMT-80004 CDRL A009.

C.4.3 Quality Audits. The contractor shall accommodate the Government Quality Audits prior to the start of each color production run. Information to be provided by the Contractor includes, but not limited to, any external or internal audit reports, findings, and corrective actions, customer concern/complaint reports, management review reports, and preventative action requests.

C.4.4 Inspection and Acceptance Requirements. Inspection and acceptance for all material developed and manufactured under this contract shall be completed by the Government at destination. Prior to Contractor shipment, all material shall be inspected by the Contractor IAW the specification requirements.

At the time of each delivery of supplies or services required under this contracting effort, the Contractor shall furnish to the Government a material inspection and receiving report (DD Form 250). Acceptance of material shall include approval of all invoices, shipping and related documents. Preparation of these documents shall be accomplished electronically using the Wide Area Work Flow (WAWF) System. Prior to utilizing this system, a password and access must be requested from the system administrator. Access information and usage instructions are located at https://wawf.eb.mil.

C.4.5 Acceptance Inspection Equipment. The contractor shall submit designs, capabilities, operating procedures, calibration procedures, manuals, and specification sheets of all inspection and test equipment used to perform examinations and tests per required specifications (DI-QCIC-81960 *TAILORED) CDRL A010.

C.4.6 First Article Testing (FAT). The contractor is responsible for submitting a FAT sample to the Government for test and acceptance prior to the start of every production run of each colored dye as defined in the applicable Detailed Specifications (C.2.0) and other applicable requirements of the contract. Additional FAT samples for a single color may be required under the contract if more than 90 days has passed between subsequent production runs of a single color under the contract. Prior to submission of the FAT sample, the lot shall have been inspected to and shall meet all requirements of the contract. The Government shall be notified within 24 hours in the event of a failure. Resulting test data, including any anomalies encountered during the contractor’s inspection, shall be provided to the Government IAW DI-NDTI-80809B* with Notice 1 TAILORED CDRL A011. See Section E of the contract for Inspection and Acceptance requirements.

C.4.7 Lot Acceptance Testing (LAT). The contractor shall submit a LAT sample to the Government for test and acceptance for each lot of dye produced as defined in the applicable Detailed Specifications (C.2.0) and other applicable requirements of the contract. Prior to submission of the LAT sample, the lot shall have been inspected to and shall meet all requirements of the contract. The Government shall be notified within 24 hours in the event of a failure. Resulting test data, including any anomalies encountered during the contractor’s inspection, shall be provided to the Government IAW DI- NDTI-80809B* with Notice 1 TAILORED CDRL A012. See Section E of the contract for Inspection and Acceptance requirements.

C.4.8 Failure Analysis and Corrective Actions Report. The contractor shall submit a Failure Analysis and Corrective Action Report (CAR) (DI-SESS-81315B* TAILORED CDRL A013) post FAT or LAT failures or post issuance of a Quality Deficiency Report for Government approval. See MIL-HDBK-781A, Para 4.6 and MIL-STD- 785B -Task 104, for additional guidance.

C.4.9 Non-Conforming Material. All non-conforming material as defined in FAR Clause 52.246-2 shall be segregated from acceptable material and assembled in areas such that no non-conforming material may be mixed into production. Non-conforming material shall remain segregated until a decision is made by the Material Review Board. The Government reserves the right to require destruction of non-conforming material.

C.4.10 Material Certification. Material certifications are to be provided for any component, part, or process which has a material requirement on its associated drawing or specification. The contractor shall certify the product delivered complies with the design configuration that successfully completed FAT as per DI-MISC-80678

*TAILORED CDRL A014.

C.4.11 Process Capability, Control, and Improvement (PCCI). The contractor shall evaluate all process operations (e.g. dye formulation, synthesizing, blending, and testing) for implementation of monitoring and control procedures. The Contractor shall maintain a Process Control System and submit a Process Control Plan (PCP) in accordance with the PCCI requirements and characteristics defined in Section E of the contract DI-MGMT-81987

CDRL A015.

C.5.0 Packing and Marking Requirements.

C.5.1 Preservation and Packaging Requirements:

(1) General Packaging Requirements: Preservation, packaging, packing, unitization and marking furnished by the supplier shall provide protection for a minimum of one year.

(2) Cleanliness: Items shall be free of dirt and other contaminants which would contribute to the deterioration of the item or which would require cleaning by the customer prior to use. Coatings and preservatives applied to the item for protection are not considered contaminants.

C.5.2 Packing Requirements.

(1) Unit package:

i. The item unit package shall be so designed and constructed that it will contain the contents with no damage to the item(s), and with minimal damage to the unit pack during shipment and storage, and will allow subsequent handling.

ii. The outmost component of a unit package shall be a container such as a carton, box, metal or fiber drum. All components of the container which come into contact with the contents must be compatible with the contents, or protected by means of a liner. Net weight of contents in unit container shall preferably be 320 lbs. A smaller increment of 160 lbs may be proposed. If fiber drums are utilized, only 30 gallon or 55 gallon drums shall be used.

iii. Unit packages not meeting the requirements for a shipping container shall be packed in shipping containers.

All shipping containers shall be the most cost effective and shall be of minimum cube to contain and protect the items.

(2) Shipping Containers: The shipping container (including any necessary blocking, bracing, cushioning, or waterproofing) shall comply with the regulations of the carrier used and shall provide safe delivery to the destination at the lowest tariff cost. The shipping container shall be capable of multiple handling, stacking at least ten feet high, and storage under favorable conditions (such as enclosed facilities) for a minimum of one year.

C.5.3 Marking Requirements.

(1) Marking: All unit packages and, as applicable, exterior shipping containers and unitized loads shall be marked in accordance with MIL-STD-129R.

(2) Bar coding: Bar codes shall be applied to the unit packs, and as applicable, exterior shipping containers and unitized loads in accordance with MIL-STD 129R. 2-D bar code marking is required on the outer shipping container and the unitized load.

C.5.4 Unitization Requirements.

(1) Unitization: Shipments of identical items going to the same destination shall be palletized if they have a total cubic displacement of 50 cubic feet or more unless skids or other forklift handling features are included on the containers. Pallet loads must be stable, and to the greatest extent possible, provide a level top for ease of stacking. A palletized load shall not exceed 4,000 pounds and should not exceed 52 inches in length or width, or 54 inches in height. The load shall be contained in a manner that will permit safe handling during shipment and storage.

(2) MIL-STD-147E with Change 1, dated 23 Dec 14, provides useful information about unitizing and palleting loads for shipments to military facilities. Material is advisory only, cannot be cited as a contract requirement.

C.5.5 Special Notes to Packaging Requirements.

(1) Hazardous Materials: In addition to the general instructions listed above, hazardous materials or items as defined in CFR Title 49 are also subject to all applicable Department of Transportation regulations for packaging/packing, marking, labeling, container certification, and transport as listed in Code of Federal Regulations Title 49, Parts 100-180. Personnel performing transportation – related functions involved with hazardous materials must comply with training, facilities protection, records retention and other applicable requirements for hazmat employees found in CFR Title 49. If the shipment originates from outside the continental United States, the shipment shall be prepared in accordance with the United Nations Recommendations on the Transport of Dangerous Goods in a manner acceptable to the Competent Authority of the nation of origin and in accordance with regulations of all applicable carriers.

(2) Wood Packaging Materials

i. All non-manufactured wood used in packaging or unitization shall be heat treated to a core temperature of 56 degrees Celsius for a minimum of 30 minutes. The box, wood packaging and pallet manufacturers shall be affiliated with an inspection agency accredited by the Board of Review of the American Lumber Standard Committee. An international source of wood must be accredited by an international certification authority recognized by the U.S.

Department of Agriculture.

ii. The box, wood packaging, and pallet manufacturer shall ensure traceability to the original source of heat treatment. Each box shall be marked to show the conformance to the International Plant Protection Convention Standard.

iii. Boxes and any wood used as inner packaging made of non-manufactured wood shall be heat treated. The quality mark shall be placed on both ends of the outer packaging (between the end cleats or battens if applicable).

Quality marks for pallets shall be placed on two opposite end posts. Quality mark for wood unitization components shall be placed on two opposite sides.

iv. Foreign manufacturers shall have the heat treatment of non-manufactured wood products verified in accordance with their National Plant Protection Organization's compliance program.

C.6.0 Security. THE HIGHEST CLASSIFICATION FOR THIS EFFORT IS UNCLASSIED. For Official Use Only Information (FOUO) and Controlled Unclassified Information (CUI): The Contractor shall be capable of accessing, handling, receiving, and storing UNCLASSIFIED documents, equipment, hardware, and test items, using the applicable standards of FOUO information.

C.6.1 OPSEC Standard Operating Procedure/Plan. The contractor shall develop an OPSEC Standard Operating Procedure (SOP)/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer, per AR 530-1, Operations Security. DI-MGMT-80934CCDRL A016. This SOP/Plan will include the government's critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator. The contractor will ensure this individual becomes OPSEC Level II certified per AR 530-1.

C.6.2 OPSEC Training. Per AR 530-1, Operations Security, new contractor employees must complete Level I OPSEC training within 30 calendar days of their reporting for duty. All contractor employees must complete annual OPSEC awareness training.

C.6.3 Information Assurance (IA)/Information Technology (IT) Training. All contractor employees and associated sub-contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six months of employment.

C.6.4 Information Assurance (IA)/Information Technology (IT) Certification. Per DoD 8570.01-M, DFARS

252.239.7001 and AR 25-2, the contractor employees supporting IA/IT functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award.

STATEMENT OF WORK - 2-D BAR CODING VERIFICATION

Dec 2010

(a) As a logistics measure to improve inventory, accountability, security and control, the supplier is required to provide 2-D Bar Codes in accordance with MIL-STD-129 and MIL-PRF-61002 and as further detailed in Section D of the contract.

(b) An approval of the supplier's 2-D Bar Code Label is required before each product with a unique national stock number (NSN) or federally recognized number (FRN) shall be presented for acceptance to the Government Quality Assurance Representative. Prior to formal submission of product to the Government for acceptance, a first time sample of the supplier's initial 2-D Bar Coding Label, comprising of two (2) each of the exterior pack label and two

(2) each of the pallet label, shall be submitted for approval to HQ, US Army Joint Munitions Command, 1 Rock Island Arsenal, ATTN: AMSJM-QAP, Rock Island, IL 61299-6500 to be read by a High Performance Bar Code Verification system.

(c) Within fifteen calendar days, the supplier will be notified electronically of the approval, conditional approval, or disapproval of the submitted 2-D Bar Code Label. A notice of conditional approval shall state any further actions required of the supplier. A notice of disapproval shall cite reasons for the disapproval.

(d) Once approval of the 2-D Bar Code Label is received, the supplier may begin presenting product to the Government for acceptance.

(e) During life cycle management of the product, the Government may randomly perform checks of the integrity and conformity of the 2-D Bar Code labeling that is affixed to the supplier's product.

(f) The supplier is responsible for all costs associated with correcting 2-D Bar Code labels that do not meet contractual requirements.

LOT NUMBERING

The contractor shall maintain a lot numbering system in accordance with MIL-STD-1168B dtd 10 June 1998. The manufacturer’s identification symbol, unless previously assigned will be provided by United States Army Sustainment Command, AMSAS-QAA, Rock Island, IL 61299.

MIL-STD-1916 (OCT 2000)

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

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government 0007 N/A N/A N/A Government 0008 N/A N/A N/A Government

CLAUSES INCORPORATED BY REFERENCE

52.246-16 Responsibility For Supplies APR 1984 252.246-7000 Material Inspection And Receiving Report MAR 2008

CLAUSES INCORPORATED BY FULL TEXT

52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor's or subcontractor's premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place,promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2)…