W911QY-24-R-0018 M320.pdf

CODE

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until 12:00 PM local time 26 Aug 2024

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G F 33 - 35

36 - 41 X H 42 - 43 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 43

(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 - 4

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

5 - 6

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

8 - 12 13 - 14

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 15 - 18 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 19 - 20 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

21 - 31

PART II - CONTRACT CLAUSES

W6QK ACC-APG NATICK

CONTRACTING DIVISION

BLDG 1 GENERAL GREENE AVENUE

NATICK MA 01760-5011

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

25 Jul 2024

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W911QY24R0018

Section A - Solicitation/Contract Form

SOLICITATION 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) compatible MOLLE 11-M320 GL Holster in support of Product Manager Soldier Clothing and Individual Equipment (PdM-SCIE).

A.2. The MOLLE 11-M320 GL Holster is a Government-design and will be acquired on a a small business set-aside acquisition, 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 a Firm Fixed Price (FFP) Contract for the production of the MOLLE 11-M320 GL Holster. 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. This estimated quantity for the MOLLE 11-M320 GL Holster is 14,117. The base contract will be for 9,000 or more MOLLE 11-M320 GL Holsters using FY24 funds. The Option CLIN will be awarded for the balance of the requirement using FY25 funds. Pricing will be requested for quantities 1-9000, and 9000+ MOLLE 11-M320 GL Holsters.

A.5. The North American Industry Classification System (NAICS) code is 315210 and the size standard is 750 employees.

A.6. Offerors will not be reimbursed for any costs associated with their proposal preparation.

A.7. Proposals shall be received no later than 12:00 PM EST on 26 August 2024.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2 Each MOLLE 11-M320 GL Holster PDM

FFP

MOLLE 11-M320 GL Holster Product Demonstration Model (PDM) per Section C SOW and the Section J attachments.

FOB: Destination

MFR PART NR: M320

PSC CD: 8415

NET AMT

0002 100 Each MOLLE 11-M320 GL Holster FPLI

FFP

MOLLE 11-M320 GL Holsters for First Production Lot Inspection (FPLI) per Section C SOW and the Section J attachments.

FOB: Destination

0003 9,017 Each MOLLE 11-M320 GL Holster Production

FFP

MOLLE 11-M320 GL Holster per Section C SOW and the Section J attachments.

The quantity for this CLIN will be over 9,000 MOLLE 11-M320 GL Holsters. The final quantity will be dependent upon proposed pricing and funding available.

Pricing will be in accordance with Attachment 0004 Pricing.

FOB: Destination

0004 5,000 Each OPTION MOLLE 11-M320 GL Holster

FFP

MOLLE 11-M320 GL Holster per Section C SOW and the Section J attachments.

The quantity for this CLIN will be the balance of the MOLLE 11-M320 GL Holster requirement and the final quantity awarded on CLIN 003 and is dependent upon funding available. Pricing will be in accordance with Attachment 0004 Pricing.

FOB: Destination

Section C - Descriptions and Specifications

STATEMENT OF WORK

1.0 SCOPE

This Statement of Work (SOW) covers the production of Product Demonstration Models (PDMs) and 14,117 MOLLE 11-M320 GL Holster for Product Manager Soldier Clothing and Individual Equipment (PM SCIE).

2.0 OBJECTIVE.

The contractor will produce PDMs and initial production samples in accordance with the requirements below. The MOLLE 11-M320 GL Holster shall be made in accordance with a Government-furnished technical data package GL-PD-05-03 consisting of a Purchase Description and level 3 technical drawings.

2.1 The contractor shall produce two (2) Product Demonstration Models (PDMs) of the Molle 11-M320 GL Holster. Evaluation of the PDMs will take place at the Sub-Contractor’s facility. At the discretion of the Government, the Technical Point of Contact (TPOC) may request that the PDMs be sent to DEVCOM Soldier Center, Natick, MA.

a) The contractor shall produce two (2) PDMs.

b) At inspection, the contractor shall participate in a design review with Government (TPOC).

c) All PDM items shall be delivered to the Government no later than 45 days after contract award.

2.2 Upon approval of the PDMs, the contractor shall produce 100 Molle 11-M320 GL Holsters for First Production Lot Inspection (FPLI) to be delivered 90 days after contract award.

2.3 Upon approval of the 100 FPLI units, the contractor shall produce additional units to meet the Army’s estimated requirement of approximately 14,017 Molle 11-M320 GL Holsters.

3.0 DELIVERY.

For shipments going into Lansing, A DD-250 packing list should be attached to the box, or the lead pallet, inside a packing list envelope. Box dimensions going into Lansing must not exceed 50” X 42” X 52” and must weigh less than 70lbs. Additional instructions included in Attachment 0001 - PM SSV General Vendor Shipping Instructions v16 June 2024. All deliveries are freight on board (FOB) destination.

Peckham Vocational Industries, Inc.

7100 Millet Highway Lansing, MI 48917

DODAAC: W912H7

Points of Contact (POC) for deliveries:

Eric Cronk 517-316-4246, or John Martens 517-316-4347, or Jim Gustafson 517-316-4072

3.1 Labeling

The identification label shall be in accordance with the label requirements of the GL-PD-05-03. A 1”x2” label with no laundering instructions is required. MCNs are provided below. The stitching shall not cover the printing. The location of the sewn label shall be indicated by the TPOC. Data to be included on the label shall be as follows:

MOLLE 11-M320 GL Holster

MCN: 8465-01-F05-4779

Contract # Lot # Contractor name

4.0 PROGRAM MANAGEMENT.

4.1 Primary Point of Contact

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

4.2 Subcontractor Management

The Contractor shall ensure subcontractor compliance with all aspects of the contract requirements. The Contractor 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, to minimize any negative impact on contract performance.

The Contractor shall be responsible for the work performed by his 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 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 Government reserves the right to review/audit any suppliers. No review/audit of any suppliers by the Government will relieve the contractor of his responsibility for his suppliers. All material suppliers shall provide properly prepared Certificates of Compliance (COC’s) clearly stating that their component meets all the specified requirements and is Berry Amendment compliant. The COC’s shall be maintained by the prime contractor.

4.3 Meetings, Technical Reviews, and Conferences

4.3.1 Post Award Conference

The Contractor shall organize, attend, and facilitate a technical and contractual conference with Government personnel to be conducted within 15 calendar 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 Contractor. The preferred location is the Sub-Contractor’s facilities. If the conference cannot be held in person due to travel restrictions, the Contractor shall host the conference virtually via MS Teams. The purpose of the conference is for project orientation, transfer of background information, contract discussion and review of performance requirements. The Contractor shall ensure adequate representation of technical and management staff from both the Prime Contractor and Subcontractor. The Contractor, in conjunction with the Subcontractor, shall present a comprehensive project plan and integrated master schedule demonstrating an ability to meet all project milestones.

The Contractor shall take and distribute minutes.

4.3.2 Teleconferences

The Contractor shall organize, attend, and lead teleconferences with Government personnel. The teleconferences will be held as required. The purpose of these teleconferences is to discuss the project status. The Contractor shall ensure adequate representation of technical and management staff from both the Prime Contractor and Subcontractor. The Contractor shall take and distribute minutes.

Section D - Packaging and Marking

The Contractor shall ensure all items are preserved, packaged, marked, and shipped in accordance with Section J, Attachment 0001, PM SSV General Vendor Shipping Instructions v16. Please reference Section F for shipping addresses/locations.

CLAUSES INCORPORATED BY REFERENCE

252.211-7003 Item Unique Identification and Valuation JAN 2023

Section E - Inspection and Acceptance

INSPECTION/ACCEPTANCE

1.0 BERRY AMENDMENT.

This acquisition is subject to the Berry Amendment, USC Title 10 USC 2533a, and Defense Federal Acquisition Regulation Supplement (DFARS) 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 items, 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.

2.0 QUALITY ASSURANCE.

2.1 Quality Standards

Quality Clause: 52.246-2 Inspection of Supplies 52.246-11 Higher Level Contract Quality the Contractor Quality Management System shall be compliant to higher-level quality standard ISO 9001-2015 or equivalent.

The Contractor shall notify the Government in writing and receive Government approval/concurrence of any changes to processes, design, materials, or production facility prior to implementation.

2.2 Responsibility for Inspection.

The Contractor shall be responsible for the performance of all inspection requirements specified in the contract. The Contractor may use their own or any other facilities, with Government concurrence, suitable for the performance of the inspection requirements specified herein. The Government reserves the right to audit, perform, witness, or verify any of the inspections set forth herein where the inspections are deemed necessary to assure supplies and services conform to prescribed requirements. The Contractor shall be responsible for correcting any deficiencies found during Government testing or inspection in all affected Contractor products. The Contractor shall establish, maintain, and operate a Quality Management System.

2.3 Inspection and Test Records.

The contractor shall maintain complete and accurate records and empirical data of all final inspections and tests including required component tests and shall make those records available for review or audit by the Government upon request. The First Production Lot Inspection (FPLI) shall be performed by the government prior to shipment of the first delivery.

2.4 Conformance Inspection Procedures.

The contractor shall prepare conformance inspection procedures for each item, in compliance with the specifications, PDMs, and the Contract. The contractor shall perform (or have performed) the Basic Material Testing, as required 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. Test Reports, showing successful completion of all required tests, shall be available for each lot of material used in the end item lot. 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. Test facilities, equipment, and procedures used (either the contractor’s or an independent testing facility) shall be identified to the Government and will be subject to approval by the contracting officer.

2.5 End item visual examination.

Each component in the MOLLE 11-M320 GL Holster shall be examined for the visual and dimensional defects listed in GL-PD-05-03. Table IV and Table V. The textiles for the MOLLE 11-M320 GL Holster shall be visually examined for visual shade acceptance. American National Standards Institute/Acceptable Quality Level (ANSI/AQL) Z1.4 sampling will utilize General Inspection Level I, an AQL of 2.5 for majors and 4.0 for minors.

The lot shall be expressed in units of MOLLE 11-M320 GL Holsters. Operational Camouflage Pattern (OCP)

SHADE EVALUATION

a) SAMPLING: Notwithstanding any current provisions of the fabric specification, the following shade evaluation shall apply to solicitations.

b) For all narrow fabrics (e.g. webbings) a 3-yard shade sample from the production rolls shall be provided for evaluation in accordance with roll # 3820.

Swatches of broad loom fabrics will be cut by the Contractor from those rolls of fabric selected by the Government representative (QAR) in accordance with the table below. Swatches shall be 24-inches by full width for OCP cloth for evaluation.

Lot Size No. of Rolls to be Sampled 1 to 8 rolls Each roll 9 to 25 rolls 8 rolls 26 to 90 rolls 20 rolls 91 to 160 rolls 32 rolls over 160 rolls 1 of 5 rolls

The Government representative (QAR) shall ensure that each fabric piece is cut in half. Each half piece shall be identified with the roll number from which it was cut. A half piece is sent to Natick (NSC) for evaluation and shall be no smaller than 24 x 30 for OCP. It shall have the identifier tags securely attached and a tally list of all the rolls being evaluated shall be also included. All DD122s shall include vendor email addresses in Box 4 and/or 17. The remaining swatches shall be retained at the plant for use by the Quality Assurance Representative (QAR).

If one or more of the shade swatches submitted are found unacceptable, the entire lot shall be rejected. A lot that was rejected for shade shall be screened and all rolls in the lot defective for shade shall be removed before such a lot is resubmitted. Resubmitted lots shall again be subjected to the sampling and shade evaluation prescribed herein. This requirement does not negate the Contractor's responsibility to perform shade evaluation prior to submittal of a lot to the Government.

c) When Section 3 of the fabric specification contains a specific requirement for uniformity of shade and when the standard sample is referenced for uniformity of shade, the swatches submitted in accordance with (a) above shall also be evaluated for uniformity of shade.

d) The Contractor shall send the swatches along with a completed DD1222 to:

Natick Soldier Center ATTN: Rachel Matuszek, 15 General Greene Ave.

Natick, MA 01760 Bldg 5 RM 122

Completed DD1222s shall be emailed in a Microsoft Word document to NSC at the addresses below: rachel.l.matuszek.civ@army.mil

e) If any swatches are rejected by NSC for shade, those rolls of fabric from which the rejected swatches were cut will be removed from the lot. Each roll of fabric acceptable for shade from which a shade swatch has been removed shall be cut by the Contractor from selvage to selvage so that there will be no evidence of the shade swatch cut-out. The portion removed shall not be included in the yardage indicated on the piece ticket.

f) If the Contractor reworks and resubmits rolls originally rejected for shade or finish, it shall not combine the rejected rolls with other lots or with lots rejected for other causes. Such rolls shall be combined to form one resubmitted lot. Each piece shall retain its original piece number, suffixed with an "X". The lot number shall also be suffixed with an "X".

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Origin Government Origin Government 0003 Origin Government Origin Government 0004 Origin Government Origin Government

52.246-1 Contractor Inspection Requirements APR 1984 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 180 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 within 180 days after delivery. 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 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

52.211-17 Delivery of Excess Quantities SEP 1989 52.242-17 Government Delay Of Work APR 1984 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

CLIN 0001 within 45 Days after Award CLIN 0002 within 90 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

CONTRACT ADMIINISTRATION

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: Patrick Wallace, E-mail: patrick.j.wallace3.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). Such reports will be, upon successful acceptance and inspection, signed by the authorized Government representative for acceptance and receipt of the items. (See DFARS clause 252.246-7000 in Section E).

All DD250s shall be submitted via the Wide Area Workflow (WAWF) system to DCMA as reflected in the first page of award for payment processing. (See DFARS clause 252.232-7003, Electronic Submission for Payment Requests, in Section I of this contract).

G-6. CONTRACTOR'S ORGANIZATION AND KEY PERSONNEL

G-6.1. The Contractor's organization shall be established with authority to effectively accomplish the objectives of the Technical Data Package and Scope of Work. This organization shall become effective upon award of the contract and its integrity shall be maintained for the duration of the contract effort.

G-6.2. The key personnel listed below are considered to be critical to the successful performance of this contract.

Prior to replacing these key personnel, the Contractor shall notify the contracting officer. The contractor shall provide thirty (30) days advance notice of the proposed changes and shall demonstrate that the qualifications of the proposed substitute personnel are generally equivalent to or better than the qualifications of the personnel being replaced.

Key Personnel List

NAME POSITION

252.204-7006 Billing Instructions--Cost Vouchers MAY 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

COMBO

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC ____

Issue By DoDAAC ____

Admin DoDAAC ____

Inspect By DoDAAC ____

Ship To Code ____

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Not applicable

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

Section H - Special Contract Requirements

Army Contract Writing System (ACWS) Transition Information for Contractors

a. The Army Contracting Enterprise (ACE) is in the process of deploying new solicitation and contract writing software to Army contracting offices worldwide. Known as the Army Contract Writing System (ACWS), this modern software suite will soon replace most existing Army contract writing systems, including the system used to create and release this Contract.

b. During this transition period, Contractors are hereby advised:

1. The Contracting Office may use any combination of contract writing systems to generate distributable copies of this contract during its period of performance, as well as any subsequent modifications or orders (if applicable). As a result:

I. Subsequent documents you receive may appear noticeably different than the original award or previous contractual documents from the same Contracting Office.

II. A change between contract writing systems may cause important information concerning contract terms and conditions to take on different formatting or appear in different parts of later documents issued.

III. Contractors shall ensure Customer Relationship Management (CRM) systems and personnel interacting with this contract are prepared to identify and respond appropriately to differences between document versions.

2. The Government does not intend to use the shift between contract writing systems to effect any changes to Contract terms and conditions. Therefore:

I. Contractors should view changes to terms or conditions between document versions as system-generated and potentially erroneous unless accompanied by narrative(s) designating such changes as deliberate and desired.

II. Contractors shall inform the Contracting Officer listed on the first page of the most recent document issued for guidance regarding any suspected or observed inadvertent or systemgenerated changes (e.g. noticing something missing in a new conformed copy).

III. The Government will correct any inadvertent or system-generated changes, additions, or omissions discovered by either party, via bilateral modification, at no cost to the Contractor.

IV. The terms and conditions contained in the latest document reflecting deliberate action by the Contracting Officer (e.g. the last conformed copy of the award not affected by the observed issue) will take precedence until these problems are corrected.

3. In the unlikely event award information is corrupted or mutilated during system migration and replacement or re-issuance of this contract is necessary for continued contract administration, the Contracting Officer will:

I. Issue a continuation contract in accordance with DFARS 204.1601(c) and DFARS PGI 204.1601(c), carrying over all terms and conditions from the last-known version of this contract accurately reflecting mutual agreement of the parties.

II. Incorporate the last-known version of this contract accurately reflecting mutual agreement of the parties as an attachment to the replacement or continuation contract for future reference.

III. Ensure any such reissuance or continuance is properly reported to preserve the integrity of Contractor performance measurement data, if any (e.g. FAPIIS, CPARS).

52.227-6 Royalty Information APR 1984

Section I - Contract Clauses

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014 52.209-5 Certification Regarding Responsibility Matters AUG 2020 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-5 Material Requirements AUG 2000 52.215-2 Audit and Records--Negotiation JUN 2020 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

JUN 2020

52.215-12 Subcontractor Certified Cost or Pricing Data JUN 2020 52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications JUN 2020 52.215-14 Integrity of Unit Prices NOV 2021 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-19 Notification of Ownership Changes OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

NOV 2021

52.216-26 Payments Of Allowable Costs Before Definitization DEC 2002

52.216-27 Single or Multiple Awards OCT 1995 52.217-5 Evaluation Of Options JUL 1990 52.219-8 Utilization of Small Business Concerns FEB 2024 52.219-9 Alt II Small Business Subcontracting Plan (SEP 2023) Alternate II NOV 2016 52.219-16 Liquidated Damages-Subcontracting Plan SEP 2021 52.219-31 Notice of Small Business Reserve MAR 2020 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2024 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment JUN 2020 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.224-3 Privacy Training JAN 2017 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-18 Place of Manufacture AUG 2018 52.225-20 Prohibition on Conducting Restricted Business Operations in

Sudan--Certification

AUG 2009

52.226-1 Utilization Of Indian Organizations And Indian-Owned Economic Enterprises

JUN 2000

52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.229-3 Federal, State And Local Taxes FEB 2013 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes--Fixed Price AUG 1987 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Products and Commercial

Services

FEB 2024

52.246-9 Inspection Of Research And Development (Short Form) APR 1984 52.246-23 Limitation Of Liability FEB 1997 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.249-14 Excusable Delays APR 1984 52.252-5 Authorized Deviations In Provisions NOV 2020 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

JAN 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.209-7010 Critical Safety Items AUG 2011 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements JAN 2023 252.223-7004 Drug Free Work Force…