W911QY-23-R-1016 Close Combat Set.pdf

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until 12:00 PM local time 04 Aug 2023

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53 - 59 X H 60 - 62 michael.j.quinlan3.civ@army.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)

1 62

(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.

W911QY 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

SECTION L

conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

MICHAEL J QUINLAN 508-206-2032

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 10

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

11 - 16

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

18 - 24 25 - 27

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 28 - 31 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 32 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

33 - 44

PART II - CONTRACT CLAUSES

W6QK ACC-APG NATICK DIVISION

BLDG 1 GENERAL GREENE AVENUE

NATICK MA 01760-5011

508-233-5700FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

21 Jun 2023

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W911QY23R1016

Section A - Solicitation/Contract Form

A.1. The U.S. Army Contracting Command - Aberdeen Proving Ground (ACC-APG), Natick Division (ND) has a requirement for the Modular Lightweight Load-carrying Equipment (MOLLE) Close Combat Rifleman Set (CCRS) and MOLLE Close Combat Automatic Weapon Set (CCAWS) in support of Product Manager Soldier Clothing and Individual Equipment (PdM-SCIE).

A.2. The CCRS and CCAWS are Government-designs and will be acquired on a a full and open competitive acquisition, with a Small Business Reserve, pursuant to Federal Acquisition Regulation (FAR) 16.504 utilizing Lowest Price, Technically Acceptable (LPTA) and FAR subpart 19.5 procedures to obtain best value for the Government. The Source Selection Evaluation Board (SSEB) has established the Factors and Subfactors to be evaluated on an “acceptable” or “unacceptable” basis. These Factors and Subfactors will identify the minimum requirements that are key to successful contract performance.

A.3. The government anticipates this solicitation will result in the award of up to two, five-year firm fixed price indefinite-delivery, indefinite-quantity (IDIQ) contracts for the production of the Close Combat Sets. The government will make an award to the offeror(s) whose proposal represents the LPTA. Delivery schedule and past performance will also be considered when determining acceptability. Per FAR 15.101-2, the LPTA process does not permit trade-offs among price and non-price factors.

A.4. If multiple base contracts are awarded, individual fair opportunity Delivery Order's (DOs) will be competed in accordance with FAR 16.505. DO awards may be made to other than the lowest priced Offeror if the Government determines that award to a higher rated proposal is warranted. Each fair opportunity competition will be evaluated on a Best Value basis, with trade-offs considered between cost, schedule, and technical performance. The weight of each factor will be determined by the Government prior to each individual fair opportunity competition, based on the current needs of the Government.

A.5. The minimum contract value will be $5,000.00 and the maximum combined contract value will be $45,000,000.00.

A.6. The North American Industry Classification System (NAICS) code is 315210 and the size standard is 750 employees.

A.7. Offerors will not be reimbursed for any costs associated with their proposal preparation.

A.8. Proposals shall be received no later than 12:00 PM EST on 4 August 2023.

Section B - Supplies or Services and Prices

B.1 CONTRACT MINIMUM/MAXIMUM QUANTITY 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 MINIMUM MAXIMUM MAXIMUM

QUANTITY AMOUNT QUANTITY AMOUNT

N/A $5,000.00 N/A $45,000,000.00

B.2 DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

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

MINIMUM MINIMUM MAXIMUM MAXIMUM

QUANTITY AMOUNT QUANTITY AMOUNT

N/A $2,500.00 N/A $29,000,000.00

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Each Initial CCRS and CCAW Deliveries

FFP

CCRS First Production Samples - 4 sets to be delivered 30 days after delivery order award.

CCAWS First Production Samples - 2 sets to be delivered 30 days after delivery order award CCRS 2200 sets to be delivered 90 days after delivery order award CCAWS 200 sets to be delivered 90 days after delivery order award CCRS and CCAW sets defined in Section C.5. of the SOW FOB: Destination MFR PART NR: CCRS and CCAWS

PSC CD: 8465

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Each MOLLE CCRS Sets

FFP

MCN: 8465-01-F05-4535

FOB: Destination

MFR PART NR: MCN: 8465-01-F05-4535

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Each MOLLE CCAWS Sets

FFP

MCN: 8465-01-F05-4533

FOB: Destination

MFR PART NR: MCN: 8465-01-F05-4533

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED Each MOLLE Modular Belt System

FFP

MCN: 8465-01-F05-4532

FOB: Destination

MFR PART NR: MCN: 8465-01-F05-4532

UNIT UNIT PRICE MAX AMOUNT

0005 UNDEFINED Each MOLLE Single 20-round Magazine Pouch

FFP

MCN: 8465-01-F05-4534

FOB: Destination

MFR PART NR: MCN: 8465-01-F05-4534

UNIT UNIT PRICE MAX AMOUNT

0006 UNDEFINED Each MOLLE Double 20-round Magazine Pouch

FFP

MCN: 8465-01-F05-4528

FOB: Destination

MFR PART NR: MCN: 8465-01-F05-4528

UNIT UNIT PRICE MAX AMOUNT

0007 UNDEFINED Each MOLLE 50-round Magazine Pouch

FFP

MCN: 8465-01-F05-4527

FOB: Destination

MFR PART NR: MCN: 8465-01-F05-4527

UNIT UNIT PRICE MAX AMOUNT

0008 UNDEFINED Each MOLLE 100-round Magazine Pouch

FFP

MCN: 8465-01-F05-4530

FOB: Destination

MFR PART NR: MCN: 8465-01-F05-4530

UNIT UNIT PRICE MAX AMOUNT

0009 UNDEFINED Each MOLLE Dump Pouch

FFP

MCN: 8465-01-F05-4531

FOB: Destination

MFR PART NR: MCN: 8465-01-F05-4531

UNIT UNIT PRICE MAX AMOUNT

0010 UNDEFINED Each MOLLE CCRS Set

FFP

FOB: Destination

MFR PART NR: CCRS USMC

UNIT UNIT PRICE MAX AMOUNT

0011 UNDEFINED Each MOLLE Modular Belt System

FFP

FOB: Destination MFR PART NR: MOLLE Modular Belt System USMC

UNIT UNIT PRICE MAX AMOUNT

0012 UNDEFINED Each MOLLE Single 20-round Magazine Pouch

FFP

FOB: Destination MFR PART NR: Single 20-round Magazine Pouch USMC

UNIT UNIT PRICE MAX AMOUNT

0013 UNDEFINED Each MOLLE Double 20-round Magazine Pouch

FFP

FOB: Destination MFR PART NR: Double 20-round Magazine Pouch USMC

UNIT UNIT PRICE MAX AMOUNT

0014 UNDEFINED Each MOLLE Dump Pouch

FFP

FOB: Destination MFR PART NR: MOLLE Dump Pouch USMC

Section C - Descriptions and Specifications

Statement of Work Government Designed MOLLE Ammo Pouches

C.1. Background: This Indefinite Delivery Indefinite Quantity (IDIQ) contract incorporates the following objectives:

This effort is projected to be a five-year IDIQ contract. Consisting of the following quantities estimated total quantity of 111,528 CCRS and 13,344 CCAWS. Ten percent spares of individual components will be required. The total quantity of this contract is defined by the dollar threshold. This contract shall not exceed $45 million dollars.

C.2. Requirements: Items shall be made to military specification in accordance with CO-PD-02-02. The Government shall provide all level 3 drawings necessary to manufacture the items.

The Contractor shall furnish all necessary personnel, facilities, equipment, and materials to accomplish the tasks detailed in this SOW. All materials used for production of the Close Combat MOLLE equipment shall be safe and suitable for their intended purpose and pose no health hazards to Soldiers.

No vendor or producer branding shall be included on any of the Close Combat MOLLE components. Manufacturer information shall be included as required by MIL-DTL-32075A, Label for Clothing, Equipage and Tentage.

The Close Combat MOLLE components shall be delivered fit for the purpose for which they are intended and manufactured without defects, including both patent and latent defects.

C.3. Period of Performance: The period of performance is 5 years.

C.4. Government Furnished Property (Equipment/Materials/Information): The Government shall provide a Technical Data Package (TDP) necessary to construct these items.

C.5. Deliverables:

One Close Combat Rifleman (CCRS) set consists of:

Modular Belt System -1 Single Mag Pouch – 3 Double Mag Pouch – 2 Dump Pouch – 1

One Close Combat Automatic Weapon (CCAW) Set consists of:

Modular Belt System -1 100 Round Pouch – 3 50 Round Pouch – 2 Dump Pouch – 1

CLIN 0001, FY23 only CCRS First Production Samples - 4 sets to be delivered 30 days after delivery order award CCAWS First Production Samples - 2 sets to be delivered 30 days after delivery order award CCRS – 2200 sets to be delivered 90 days after delivery order award CCAWS - 200 sets to be delivered 90 days after delivery order award

CLINS 0002-0003, FY23-FY27

For part of the initial delivery order, the government intends to procure 1174 CCRS sets and 99 CCAWS sets which will be due 120 days after contract/delivery order award.

For the CCRS, the government estimates a requirement for 111,528 sets over five years.

For the CCAWS, the government estimates a requirement for 13,344 sets over five years.

The Annual Estimated Quantities (AEQ) found in Tables 1 and 2 below are for planning purposes only. Quantities ordered per year may differ. The total quantities ordered for the contract period shall not exceed $45 million regardless of the quantity of items procured. Surge quantity is 100% above the AEQ quantity. The offeror shall also describe how it would respond to the Surge Option if exercised per DFARS 252.217-7001 Surge Option.

Table 1. Estimated Deliveries, Type 9, Color - Operational Camouflage Pattern (OCP)

CLIN 0002

MOLLE CCRS Set, MCN: 8465-01-F05-4535

Ordering Period AEQ Surge Base Year 2,417 4834 First Year 4,591 9182 Second Year 34,807 69614 Third Year 34,807 69614 Fourth Year 34,807 69614

CLIN 0003

MOLLE CCAWS, MCN: 8465-01-F05-4533

Ordering Period AEQ Surge Base Year 254 508 First Year 434 868

Second Year 4219 8438 Third Year 4219 8438 Fourth Year 4219 8438

CLIN 0004

MOLLE Modular Belt System MCN: 8465-01-F05-4532

Ordering Period AEQ Surge Base Year 268 536 First Year 503 1006

Second Year 3903 7806 Third Year 3903 7806 Fourth Year 3903 7806

CLIN 0005

MOLLE Single 20-round Magazine Pouch MCN: 8465-01-F05-4534

Ordering Period AEQ Surge Base Year 726 1452 First Year 1378 2756

Second Year 10443 20886 Third Year 10443 20886 Fourth Year 10443 20886

CLIN 0006

MOLLE Double 20-round Magazine Pouch MCN: 8465-01-F05-4528

Ordering Period AEQ Surge Base Year 484 968 First Year 919 1838

Second Year 6962 13924 Third Year 6962 13925

Fourth Year 6962 13924

CLIN 0007

MOLLE 50-round Magazine Pouch MCN: 8465-01-F05-4527

Ordering Period AEQ Surge Base Year 51 102 First Year 87 174

Second Year 844 1688 Third Year 844 1688 Fourth Year 844 1688

CLIN 0008

MOLLE 100-round Magazine Pouch MCN: 8465-01-F05-4530

Ordering Period AEQ Surge Base Year 77 154 First Year 131 262

Second Year 1266 2532 Third Year 1266 2532 Fourth Year 1266 2532

CLIN 0009

MOLLE Dump Pouch MCN: 8465-01-F05-4531

Ordering Period AEQ Surge Base Year 268 536 First Year 503 1006

Second Year 3903 7806 Third Year 3903 7806 Fourth Year 3903 7806

Planned Production Lead Time (PLT): 60 days after each delivery order award for CLINs 0002 – CLIN 0009.

Destination: Peckham (Lansing, MI)

TABLE 2. Estimated Deliveries, class 7, Color Coyote 498

CLIN 0010

MOLLE CCRS Set, NSN: 8465-01-XXX-XXXX

Ordering Period AEQ Surge Second Year 6732 13464 Third Year 6732 13464 Fourth Year 6732 13464

CLIN 0011

MOLLE Modular Belt System NSN: 8465-01-XXX-XXXX

Ordering Period AEQ Surge Second Year 673 1346 Third Year 673 1346 Fourth Year 673 1346

CLIN 0012

MOLLE Single 20-round Magazine Pouch NSN: 8465-01-XXX-XXXX

Ordering Period AEQ Surge

Second Year 20196 40392 Third Year 20196 40392 Fourth Year 20196 40392

CLIN 0013

MOLLE Double 20-round Magazine Pouch NSN: 8465-01-XXX-XXXX

Ordering Period AEQ Surge Second Year 13464 26928 Third Year 13464 26928 Fourth Year 13464 26928

CLIN 0014

MOLLE Dump Pouch NSN: 8465-01-XXX-XXXX

Ordering Period AEQ Surge Second Year 673 1346 Third Year 673 1346 Fourth Year 673 1346

All deliveries are FOB Destination

Planned PLT: 60 days after each delivery order award for CLINs 0010-0014.

Destination: Marine Corps Base, Albany, GA

C.6. PROGRAM MANAGEMENT

C.6.1 Primary Point of Contact

The Offeror shall designate a single individual to serve as the primary point of contact (POC) between the Government and the Offeror, and to be responsible for the coordination of all Offeror activities related to this contract. This individual shall have the authority to commit the Offeror to specific courses of action and accept direction from the Contracting Officer or from the Contracting Officer’s authorized representative(s). This individual shall be responsible for coordinating all meetings between the Government and the Offeror and shall be responsible for bringing to the Contracting Officer’s attention any problems that could adversely affect the Offeror’s ability to meet the contract quality, cost, production/delivery schedule, or other performance requirements.

C.6.2 Supplier Management

The Offeror is responsible for the work performed by their suppliers including any inspections and tests performed by the suppliers. The Offeror shall maintain documented evidence that its suppliers meet all criteria related to the contracts materials / processes. Suppliers of key/critical components or processes controlling key/critical characteristics shall be identified including names and contact information of key supplier personnel. The Offeror shall maintain documented evidence that its suppliers meet and monitor all criteria related to key/critical components or processes controlling key/critical characteristics. The Government reserves the right to review/audit any suppliers of key/critical components. No review/audit of any suppliers by the Government will relieve the contractor of their responsibility for their suppliers.

C.6.3 Subcontractor Management

The Offeror shall ensure subcontractor compliance with all aspects of the contract requirements. The Offeror shall notify the Contracting Officer of any problems with subcontractors that might impact the contract, as soon as practicable, and shall make every effort to resolve problems or other issues quickly, minimizing any negative impact on contract performance.

The Offeror shall be responsible for the work performed by his suppliers including any inspections and tests performed by the suppliers. The Offeror shall maintain documented evidence that its suppliers meet all criteria related to the contracts materials/processes. Suppliers of key/critical components or processes controlling key/critical characteristics shall be identified including names and contact information of key supplier personnel.

The contractor shall maintain documented evidence that its suppliers meet and monitor all criteria related to key/critical components or processes controlling key/critical characteristics. The Government reserves the right to review/audit any suppliers of key/critical components. No review/audit of any suppliers by the Government will relieve the contractor of his responsibility for his suppliers.

The Offeror shall ensure subcontractor compliance with all aspects of the contract requirements. The Offeror shall notify the Contracting Officer of any problems with subcontractors that might impact the contract as soon as practicable and shall make every effort to resolve problems or other issues quickly so minimizing any negative impact on contract performance.

C.6.4 Configuration Management

The Offeror shall establish and use configuration control procedures to manage proposed changes, beginning with the submission of the First Production Lot approval. The Offeror shall not alter the design in form, fit, function or materials, components or manufacturing processes without submitting an Engineering Change Proposal, Request for Deviation or Request for Waiver to the Contracting Officer; these actions require a written approval from the Contracting Officer to proceed. Once approved, a contract modification will be prepared by the Contracting Officer to incorporate the change into the contract, as well as an equitable adjustment (if appropriate) to the contract price or other contract terms and conditions as a result. Such changes shall be made in accordance with the applicable contract clause(s).

C.6.5 Berry Amendment

This acquisition is subject to the Berry Amendment, USC Title 10 USC 2533a, and Defense Federal Acquisition Regulation Supplement Clause 252.225-7002 Preference for Certain Domestic Commodities (Section I). The Prime Contractor and the entire supply chain are required to adhere to the Berry Amendment. The Prime Contractor shall educate and mentor the entire supply chain in the implementation and maintenance of Berry Amendment compliance. The Prime Contractor shall assess the entire supply chain for compliance to the Berry Amendment, and shall maintain documentation of Berry product compliance, and supply chain education, mentoring, and assessments.

The Government will assess the Prime Contractor’s compliance to the Berry Process in conjunction with the Quality Systems assessment of Purchasing and Supplier Control.

The Government cannot accept noncompliant equipment, and the Contractor will not be paid for any items in violation of the Berry Amendment. If a Berry Amendment violation is determined to have occurred after the government has accepted delivery, the Contractor is required to replace the item in violation of the Act with an item from a domestic source, at their own expense. Once the Contractor has provided items from an acceptable source;

the Government may again accept delivery and compensate the Contractor. The Government may pursue additional claims against the Contractor if the Government incurred other damages due to noncompliance.

C.7. MEETINGS, TECHNICAL REVIEWS AND CONFERENCES

C.7.1 Post Award Conference

The Offeror shall organize, attend, and participate in a technical and contractual conference, with Government personnel, to be conducted within 14 days after contract award during regular business hours of 0900 – 1500, Monday through Friday. The date and time shall be mutually agreed upon between the Government and Offeror.

The Contractor shall host, provide facilities, and facilitate the conference. Arrangements can be made to hold the Post Award Conference virtually depending on travel and/or schedule restrictions. The purpose of the conference will be project orientation, transfer of background information, contract discussion and review of performance requirements. The Offeror shall ensure adequate representation of technical and management staff. If applicable, the Prime Offeror shall determine the extent of Sub Offeror participation required for the Post Award Conference and take appropriate action to ensure attendance. The Offeror shall take and distribute Post Award Conference minutes.

C.7.2 Teleconferences

The Offeror shall organize, attend, and lead teleconferences with Government personnel. The teleconferences will be held on a weekly basis leading up to and through the first three months of deliveries to the Government.

Following the third month of deliveries to the Government, teleconferences may be changed to be held on a monthly or as-needed basis. The purpose of the weekly teleconferences will be to discuss the project status. The Offeror shall ensure adequate representation of technical and management staff. If applicable, the Prime Offeror shall determine the extent of Sub Offeror participation required for each teleconference and take appropriate action to ensure attendance. The Offeror shall take and distribute teleconference minutes.

C.7.3 Review of First Production Samples

The Contractor shall host a Government inspection of the first production samples thirty (30) days after contract award.

Section D - Packaging and Marking

CLAUSES INCORPORATED BY REFERENCE

252.211-7003 Item Unique Identification and Valuation JAN 2023

Section E - Inspection and Acceptance

Berry Amendment This acquisition is subject to the Berry Amendment, 10 USC 2241, and Defense Federal Acquisition Regulation Supplement (DFARS) Clause 252.225-7012 Preference for Certain Domestic Commodities (Section I). The Prime Contractor and the entire supply chain are required to adhere to the Berry Amendment. The Prime Contractor shall educate and mentor the entire supply chain in the implementation and maintenance of Berry Amendment compliance. The Prime Contractor shall assess the entire supply chain for compliance to the Berry Amendment, and shall maintain documentation of Berry product compliance, and supply chain education, mentoring, and assessments.

The Government shall assess the Prime Contractor’s compliance to the Berry Process in conjunction with the Quality Systems assessment of Purchasing and Supplier Control.

The Government cannot accept noncompliant equipment, and the contractor shall not be paid for any items in violation of the Berry Amendment. If a Berry Amendment violation is determined to have occurred after the government has accepted delivery, the contractor is required to replace the item in violation of the Act with an item from a domestic source, at their own expense. Once the contractor has provided items from an acceptable source, the Government may again accept delivery. The Government may pursue additional claims against the contractor if the Government incurred other damages due to non- compliance.

QUALITY MANAGEMENT

Requirements The Contractor shall fabricate, test, and deliver the Close Combat MOLLE Components in accordance with the Contract delivery orders and delivery schedules. The Contractor shall ensure the delivered components fulfill all requirements (as required) with the Contract, and Technical Data Package. If there is a technical conflict between any documentation, the issue shall be raised to the Contracting Officer.

Quality System The Contractor shall establish, maintain, and operate a quality system that is compliant with ISO 9001:2015 or equivalent. The Contractor shall monitor, assess, and audit quality and reliability at their own facility as well as all their supplier facilities. The Government may conduct an audit of the contractor’s Quality Management System (QMS) for all products/processes related to the contract during the review of First Production Samples and reserves the right to conduct additional audits at any other stage during production. The Contractor shall be responsible for correcting any deficiencies found during Government auditing or testing in all affected Contractor product. The Contractor shall maintain a calibration system in accordance with ANSI/ISO/ASQ Q10012-2003 or equivalent to ensure that all test/inspection, measurement, and diagnostic equipment to include all accessories and ancillary equipment are properly calibrated and identified by appropriate labeling.

Material Traceability Upon Government request, Contractor shall provide traceability evidence for all material lots used in the end item lot.

Responsibility for Compliance Items shall meet all requirements of this contract. The absence of any inspection requirements shall not relieve the contractor of the responsibility of ensuring that all products of supplies submitted to the government for acceptance shall comply with all requirements of the contract. Sampling inspection, as part of manufacturing operations, is an acceptable practice to ascertain conformance to requirements; however, this does not authorize submission of known defective material, either indicated or actual, nor does it commit the government to accept defective material.

Responsibility for Conformance Inspection

The Contractor shall be responsible for the performance of all inspection requirements specified herein in accordance with FAR 52.246-2. The Government reserves the right to perform, witness, or verify any of the inspections set forth herein where the inspections are deemed necessary to ensure supplies and services conform to prescribed requirements. The Contractor shall be responsible for correcting any deficiencies found during Contractor and/or Government testing in all affected Contractor product as outlined. In the event of end item non-conformance, the contractor will be responsible for all costs and retests, and reporting required to achieve conformance, unless otherwise directed by the Government.

Inventory The Contractor, upon receipt of any failed testing shall quarantine all materials used in the production of the failed lot until Government disposition is rendered. The Contractor shall be responsible for maintaining, safeguarding, and preventing the use of quarantined materials into any on-going production.

Supplier Management The Contractor shall be prepared to supply certificates of compliance for all materials used in the manufacture of the Close Combat MOLLE components. The Contractor is responsible for the work performed by their suppliers including any inspections and tests performed by the suppliers. The Contractor shall maintain documented evidence that its suppliers meet all criteria related to the contract’s materials / processes. Documentation shall include any methods unique to this contract of supplier selection, retention, management, inspection and test validation. The Government reserves the right to review/audit any suppliers of textile or hardware components. No review/audit of any suppliers by the Government will relieve the Contractor of its responsibility for its suppliers.

Production Management The Contractor shall manage the Close Combat MOLLE Components production to meet contract delivery schedules. The Contractor shall make available for review by the Government the production management plan, status of critical suppliers, description of resource shortfalls, schedules, and description of technical risks and issues.

Inspection and Test Records The Contractor shall maintain complete and accurate records of all inspections and tests, and shall make these records available for review by the Government upon request. These records shall be kept by the Contractor for 6 years 3 months from the last delivery or contract end, whichever comes first.

Material, Material Supplier, and Production Process Change Authorization This includes all materials and/or sub-components. All processes and their respective revisions will be documented in the Contractor’s Quality Management system. Contractors shall ensure that produced end items conform to all components of the Technical Data Package and shall immediately report any deviation in form, fit, or function or approved design of items so produced. The Government shall concur in writing with any proposed modifications to the agreed procedures prior to the new or modified procedures being implemented in production. Contractor format is acceptable. The Government will also determine if a new or limited new design testing is required.

Government Review and Approval Procedures The Government reserves the right to review deviation notifications. Within five (5) business days of Contractor notification, the Government will either approve the change or notify the Contractor whether an additional evaluation by the Government will be required to approve or disapprove the change. If further evaluation is required, the Government will provide an approval or disapproval of the change to the Contractor no later than 30 calendar days after the initial notification by the Contractor.

Use of Contractor's Inspection Equipment The Contractor shall make available gauges, measuring, and testing devices for use by the Government when required to determine conformance with contract requirements. If requested by the Government, the Contractor shall make available personnel for operation of such devices and for verification of their accuracy and condition.

Test Reporting

All test reports requested by the government will be sent to the Contracting Officer, PM SCIE POC, and the cognizant DCMA QAR, and will include as a minimum, the contract number, reason for test, results of the testing, lot number or serial number of the test item, date of the test and the detail specifications of the tested item.

Certificate of Conformance (COC) Certificates of conformance are required. Testing data documentation must accompany the COC. The Government reserves the right to inspect/test such items to determine the validity of the certification. If the items are found to be non-conforming, the contractor may be responsible for all costs associated with the validation retesting and reporting, unless otherwise directed by the Government.

Material Testing The contractor or the suppliers shall perform (or have performed) the Basic Material Testing, as required by the Purchase Description, on each lot of material. The lot shall be unacceptable for use in production of end items if any sample unit fails to meet any requirement specified, including Shade Evaluation. All test reports shall contain the individual values utilized in expressing the final results. It is solely the contractor’s responsibility to schedule testing and obtain reports. The contractor shall obtain passing test reports prior to cutting the fabric for production.

Sampling for Shade Evaluation Hardware samples may be inspected in sample sizes, as required, by the Government. Samples of both narrow fabrics and broad loom material shall be source sampled by the Government for shade verification. The lot shall be expressed in units of rolls (RO), otherwise defined as 250 LY (or less) length of material. The sample unit from the roll shall be 18 inches by full width sample for Camouflage materials and 18 inch by 18 inch sample swatches for solid color materials. The sample size shall be determined in accordance with the following table:

Lot Size (RO) Sample Units 1 – 5 One for Each Roll 6 – 25 5

26 – 90 18 91 – 160 32

161 – more Two sample units for every 10 rolls

Samples selected by the Government shall be submitted in a DD 1222 format for evaluation to Combat Capabilities Development Command Soldier Center Textile Materials Evaluation Team (TMET) US Army DEVCOM Soldier Center, ATTN: Rachel Matuszek and Brenda Zarate 15 General Green Ave, Natick, MA 01760-5019

Sampling and Conformance Requirements Sampling and conformance requirements for visual defects and dimensional inspections shall be performed in accordance with ANSI/ASQ Z1.4; AMERICAN NATIONAL STANDARD - Sampling Procedures and Tables for Inspection by Attributes and the Purchase Description with the following Acceptable Quality Levels (AQLs):

Visual defects General Inspection Level 1: 1.5 for majors General Inspection Level 1: 4.0 for minors Dimensional S-3: 4.0 Palletization S-2: 6.5 Preparation S-2: 2.5

INSPECTIONS AND TESTS

Classification of Test and Inspections The test and inspection requirements specified herein. Unless otherwise specified, the contractor is responsible for the performance of all test and inspection requirements specified herein. The Government reserves the right to perform any of the test and inspections set forth where such tests and inspections are deemed necessary to ensure the supplies conform to prescribed requirements.

Incoming Inspection Upon receipt of any material for use in production, the Contractor shall check for any shipping damage, verify the material specification documentation and the correctness and completeness of accompanying testing paperwork/documentation. The contractor should sample test incoming materials to verify accuracy of material specification. The DCMA Quality Assurance Representative (QAR) will verify the Contractor’s findings. The DCMA QAR will bring any deficiencies found because of the above inspection to the attention of the Contracting Officer, who will provide further instructions concerning the deficient items.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Origin Government Origin Government 0002 Origin Government Origin Government 0003 Origin Government Origin Government 0004 Origin Government Origin Government 0005 Origin Government Origin Government 0006 Origin Government Origin Government 0007 Origin Government Origin Government 0008 Origin Government Origin Government 0009 Origin Government Origin Government 0010 Origin Government Origin Government 0011 Origin Government Origin Government 0012 Origin Government Origin Government 0013 Origin Government Origin Government 0014 Origin Government Origin Government

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996

CLAUSES INCORPORATED BY FULL TEXT

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

(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)

52.246-19 WARRANTY OF SYSTEMS AND EQUIPMENT UNDER PERFORMANCE SPECIFICATIONS

OR DESIGN CRITERIA (MAY 2001)

Definitions. Acceptance means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services rendered, as partial or complete performance of the contract.

Defect means any condition or characteristic in any supplies or services furnished by the Contractor under the contract that is not in compliance with the requirements of the contract.

Supplies means the end items furnished by the Contractor and related services required under this contract. Except when this contract includes the clause entitled Warranty of Data, supplies also mean ``data.''

(b) Contractor's obligations. (1) The Contractor's warranties under this clause shall apply only to those defects discovered by either the Government or the Contractor within 45 days after delivery.

(2) If the Contractor becomes aware at any time before acceptance by the Government (whether before or after tender to the Government) that a defect exists in any supplies or services, the Contractor shall (i) promptly correct the defect, or (ii) promptly notify the Contracting Officer, in writing, of the defect, using the same procedures prescribed in paragraph (b)(3) of this clause.

(3) If the Contracting Officer determines that a defect exists in any of the supplies or services accepted by the Government under this contract, the Contracting Officer shall promptly notify the Contractor of the defect, in writing, within 45 days after discovery of the defect. Upon timely notification of the existence of a defect, or if the Contractor independently discovers a defect in accepted supplies or services, the Contractor shall submit to the Contracting Officer, in writing, within 30 days a recommendation for corrective actions, together with supporting information in sufficient detail for the Contracting Officer to determine what corrective action, if any, shall be undertaken.

(4) The Contractor shall promptly comply with any timely written direction from the Contracting Officer to correct or partially correct a defect, at no increase in the contract price.

(5) The Contractor shall also prepare and furnish to the Contracting Officer data and reports applicable to any correction required under this clause (including revision and updating of all other affected data called for under this contract) at no increase in the contract price.

(6) In the event of timely notice of a decision not to correct or only to partially correct, the Contractor shall submit a technical and cost proposal within 30 days to amend the contract to permit acceptance of the affected supplies or services in accordance with the revised requirement, and an equitable reduction in the contract price shall promptly be negotiated by the parties and be reflected in a supplemental agreement to this contract.

(7) Any supplies or parts thereof corrected or furnished in replacement and any services reperformed shall also be subject to the conditions of this clause to the same extent as supplies or services initially accepted. The warranty, with respect to these supplies, parts, or services, shall be equal in duration to that set forth in paragraph (b)(1) of this clause, and shall run from the date of delivery of the corrected or replaced supplies.

(8) The Contractor shall not be responsible under this clause for the correction of defects in Government-furnished property, except for defects in installation, unless the Contractor performs, or is obligated to perform, any modifications or other work on such property. In that event, the Contractor shall be responsible for correction of defects that result from the modifications or other work.

(9) If the Government returns supplies to the Contractor for correction or replacement under this clause, the Contractor shall be liable for transportation charges up to an amount equal to the cost of transportation by the usual commercial method of shipment from the place of delivery specified in this contract (irrespective of the f.o.b. point or the point of acceptance) to the Contractor's plant and return to the place of delivery specified in this contract. The Contractor shall also bear the responsibility for the supplies while in transit.

(10) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation under this contract.

(c) Remedies available to the Government. (1) The rights and remedies of the Government provided in this clause--

(i) Shall not be affected in any way by any terms or conditions of this contract concerning the conclusiveness of inspection and acceptance; and

(ii) Are in addition to, and do not limit, any rights afforded to the Government by any other clause of this contract.

(2) Within 45 days after receipt of the Contractor's recommendations for corrective action and adequate supporting information, the Contracting Officer, using sole discretion, shall give the Contractor written notice not to correct any defect, or to correct or partially correct any defect within a reasonable time at the contractor’s location.

(3) In no event shall the Government be responsible for any extension or delays in the scheduled deliveries or periods of performance under this contract as a result of the Contractor's obligations to correct defects, nor shall there be any adjustment of the delivery schedule or period of performance as a result of the correction of defects unless provided by a supplemental agreement with adequate consideration.

(4) This clause shall not be construed as obligating the Government to increase the contract price.

(5)(i) The Contracting Officer shall give the Contractor a written notice specifying any failure or refusal of the Contractor to--

(A) Present a detailed recommendation for corrective action as required by paragraph (b)(3) of this clause;

(B) Correct defects as directed under paragraph (b)(4) of this clause; or

(C) Prepare and furnish data and reports as required by paragraph (b)(5) of this clause.

(ii) The notice shall specify a period of time following receipt of the notice by the Contractor in which the Contractor must remedy the failure or refusal specified in the notice.

(6) If the Contractor does not comply with the Contracting Officer's written notice in paragraph (c)(5)(i) of this clause, the Contracting Officer may by contract or otherwise--

(i) Obtain detailed recommendations for corrective action and either--

(A) Correct the supplies or services; or

(B) Replace the supplies or services, and if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonable manner, in which case the Government is entitled to reimbursement from the Contractor, or from the proceeds, for the reasonable expenses of care and disposition, as well as for excess costs incurred or to be incurred;

(ii) Obtain applicable data and reports; and

(iii) Charge the Contractor for the costs incurred by the Government.

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

0006 N/A N/A N/A N/A

0007 N/A N/A N/A N/A

0008 N/A N/A N/A N/A

0009 N/A N/A N/A N/A

0010 N/A N/A N/A N/A

0011 N/A N/A N/A N/A

0012 N/A N/A N/A N/A

0013 N/A N/A N/A N/A

0014 N/A N/A N/A N/A

52.247-34 F.O.B. Destination NOV 1991 52.247-48 F.O.B. Destination--Evidence Of Shipment FEB 1999

52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

Four Close Combat Rifleman Sets (CCRS) will be required 30 days after award and will consist of the following items: four (4) Modular belt systems, twelve (12) single magazine pouches, eight (8) double magazine pouches, and four (4) dump pouches (One CCRS is defined as one Modular Belt System, three Single Magazine Pouches, two Double Magazine Pouches, one (1) Dump Pouch). The Contractor shall host a Government inspection of the first production samples thirty (30) days after contract award.

2,200 CCRS are required 90 days after award.

1,174 CCRS are required 120 days after award.

Two Close Combat Automatic Weapon Sets (CCAWS) will be required 30 days after contract award consisting of two (2) Modular belt systems, four (4) 50-round ammo pouches and six (6) 100-round ammo pouches. 2200 CCRS are due 90 days after contract award (CCAWS is defined as one (1) Modular Belt System, two (2) 50-Round Pouch, three (3) 100-Round Pouch and one (1) Dump Pouch). The Contractor shall host a Government inspection of the first production samples thirty (30) days after contract award.

200 CCAWS are required 90 days after award.

99 CCAWS are required 120 days after award.

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

Within Days

After Date

Item No. Quantity of Contract

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

Section G - Contract Administration Data

G-1. Contract Administration

a. In no event shall any understanding or agreement, contract modification, change order, or other matter in deviation from the terms of this contract between the Contractor and a person other than the Contracting Officer be effective or binding upon the Government. All such actions must be formalized by a proper contractual document executed by the Contracting Officer.

b. The E-mail address of the Contracting Officer (KO) and Contract Specialist (KS) are:

Contracting Officer: Michael Quinlan, E-mail: michael.j.quinlan3.civ@army.mil Contract Specialist: Andrew Donovan, E-mail: andrew.p.donovan2.civ@army.mil

c. The Defense Finance and Accounting Service (DFAS) payment office will be determined after date of award.

d. If this contract is being administered by a Defense Contract Management Agency (DCMA) inquiries concerning normal contract administration should be referred to the DCMA assigned office (see Block 24 of the SF 33 or Block 6 of the SF 26).

G-2. CONTRACTOR’S CONTRACT ADMINISTRATION (TO BE COMPLETED BY CONTRACTOR):

Name and Title _______________________________________

Responsible Office ____________________________________

Address _____________________________________________

Telephone Number ____________________________________

E-mail Address _______________________________________

UEI# _____________________ CAGE# _____________ ____

G-3. PAST PERFORMANCE POINT OF CONTACT (POC):

Annual contract past performance evaluations will be performed by the Government. The Contractor shall identify a Point of Contact (POC) to participate in these on-line evaluations. This individual is required to register in the Contractor Performance Assessment Reporting System (http://www.cpars.csd.disa.mil/) and respond to the Government evaluations in a timely manner.

The contractor POC responsible for this action is:

Name and Title: __________________________

E-mail: __________________________

Telephone Number: __________________________

G-4. PLACE OF PERFORMANCE:

The Contractor shall indicate below the manufacturing location and the estimated percentage of work to be performed there.

Physical Address (Street, City, State, and Zip Code) Anticipated % of Total Work

G-5. PAYING OFFICE/SUBMISSION OF MATERIAL INSPECTION AND RECEIVING REPORT (DD FORM 250)

At the time of each delivery of supplies, the Contractor shall prepare and furnish to the cognizant DCMA office a Material and Receiving Report (DD Form 250) in the manner and extent required by Appendix F, Material Inspection and Receiving Report, of the Defense Federal Acquisition Regulation Supplement (DFARS).