B08 - W911QY-24-B-0001 Amendment 0002 (Conformed Copy).pdf

CODE

(Hour)

PAGE(S)

until 11:00 AM local time 07 May 2024

X

A X B X C X D

EX

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G F 51 - 62

63 - 71 H 72 - 75 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)

DO-C9 1 75

(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 - 16

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

17 - 20

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

22 - 29 30 - 31

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 32 - 35 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 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

36 - 49

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

05 Mar 2024

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W911QY24B0001

Section A - Solicitation/Contract Form

BID FORM

A.1 The U.S. Army Contracting Command - Aberdeen Proving Ground (ACC-APG), Natick Division (ND) has a requirement for the Cold Weather Glove System (CWGS) in support of Product Manager Soldier Clothing and Individual Equipment (PdM-SCIE).

A.2 The CWGS is a Government-designed, integrated set of handwear designed to provide protection against cold and extreme cold temperatures, including wet cold, dry cold, and high winds, while maintaining maximum possible dexterity and tactility. The CWGS will not melt or drip when exposed to heat or flame at the next to skin level.

A.3 The program will be acquired on a full and open competitive acquisition, with a Small Business Reserve, pursuant to Federal Acquisition Regulation (FAR) Part 14 utilizing Sealed Bidding and FAR subpart 19.5 procedures. The Bids’ Factors and Subfactors will be evaluated on an “responsive” or “non responsive” basis.

A.4 The government anticipates this Invitation for Bids (IFB) will result in the award of up to two, five-year firm fixed price indefinite-delivery, indefinite-quantity (IDIQ) contracts for the production of an estimated 194,000 CWGS with a maximum combined contract value will be $99,000,000.00. If a small business’ bid is not the lowest, responsive bid, a second award may be reserved for a responsible small business with a responsive bid. The Contracting Officer will exercise broad discretion when awarding a second contract to a responsive bidder as pricing and delivery schedule will be key factors in meeting the government requirement for the CWGS. A second contract will not be awarded if pricing precludes procurement of 194,000 CWGS within the award ceiling amount. If two contracts are awarded, the minimum split will be no less than 5%. The government will provide a technical data package as part of the IFB.

A.5 If multiple base contracts are awarded, each awardee will be given a fair opportunity for each delivery order (DO) per FAR 16.505(b). The Contracting Officer may exercise broad discretion when awarding DOs. Price, delivery schedule and quality performance will be considered when making a DO award. The government will determine the weight of each factor prior to each individual fair opportunity competition based on needs of the government at time of award.

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 bid preparation.

A.8 Bids shall be received no later than 11:00 AM EST on 7 May 2024.

Section B - Supplies or Services and Prices

SUPPLIES OR SERVICES AND PRICE

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 $250.00 N/A $99,000,000.00

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

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

MINIMUM MINIMUM MAXIMUM MAXIMUM

QUANTITY AMOUNT QUANTITY AMOUNT

N/A $250.00 N/A $39,000,000.00

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Kit Year 1 - CWGS - Complete Kit

FFP

The Contractor shall package the CWGS as complete kits. A CWGS kit shall contain one pair (a pair consists of one left and one right component) of each of the four CWGS components of matching sizes.

The CWGS is composed of the following items:

-Extreme Cold Weather (ECW) Full Mitten Shells -ECW Trigger Finger Mitten Shells -ECW Trigger Finger Mitten Liner -Intermediate Cold Weather (ICW) Glove FOB: Destination

MFR PART NR: CWGS

PSC CD: 8415

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Pair Year 1 - ECW Full Mitten Shell

FFP

Individual Component (Pair of the same size; left and right) FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Pair Year 1 - ECW Trigger Finger Mitten Shell

FFP

Individual Component (Pair of the same size; left and right) FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED Pair Year 1 - ECW Trigger Finger Mitten Liner

FFP

Individual Component (Pair of the same size; left and right) FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0005 UNDEFINED Pair Year 1 - ICW Glove

FFP

Individual Component (Pair of the same size; left and right) FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0006 UNDEFINED Kit Year 2 - CWGS - Complete Kit

FFP

The Contractor shall package the CWGS as complete kits. A CWGS kit shall contain one pair (a pair consists of one left and one right component) of each of the four CWGS components of matching sizes.

The CWGS is composed of the following items:

-Extreme Cold Weather (ECW) Full Mitten Shells -ECW Trigger Finger Mitten Shells -ECW Trigger Finger Mitten Liner -Intermediate Cold Weather (ICW) Glove FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0007 UNDEFINED Pair Year 2 - ECW Full Mitten Shell

FFP

Individual Component (Pair of the same size; left and right) FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0008 UNDEFINED Pair Year 2 - ECW Trigger Finger Mitten Shell

FFP

Individual Component (Pair of the same size; left and right) FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0009 UNDEFINED Pair Year 2 - ECW Trigger Finger Mitten Liner

FFP

Individual Component (Pair of the same size; left and right) FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0010 UNDEFINED Pair Year 2 - ICW Glove

FFP

Individual Component (Pair of the same size; left and right) FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0011 UNDEFINED Kit Year 3 - CWGS - Complete Kit

FFP

The Contractor shall package the CWGS as complete kits. A CWGS kit shall contain one pair (a pair consists of one left and one right component) of each of the four CWGS components of matching sizes.

The CWGS is composed of the following items:

-Extreme Cold Weather (ECW) Full Mitten Shells -ECW Trigger Finger Mitten Shells -ECW Trigger Finger Mitten Liner -Intermediate Cold Weather (ICW) Glove FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0012 UNDEFINED Pair Year 3 - ECW Full Mitten Shell

FFP

Individual Component (Pair of the same size; left and right) FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0013 UNDEFINED Pair Year 3 - ECW Trigger Finger Mitten Shell

FFP

Individual Component (Pair of the same size; left and right) FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0014 UNDEFINED Pair Year 3 - ECW Trigger Finger Mitten Liner

FFP

Individual Component (Pair of the same size; left and right) FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0015 UNDEFINED Pair Year 3 - ICW Glove

FFP

Individual Component (Pair of the same size; left and right) FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0016 UNDEFINED Kit Year 4 - CWGS - Complete Kit

FFP

The Contractor shall package the CWGS as complete kits. A CWGS kit shall contain one pair (a pair consists of one left and one right component) of each of the four CWGS components of matching sizes.

The CWGS is composed of the following items:

-Extreme Cold Weather (ECW) Full Mitten Shells -ECW Trigger Finger Mitten Shells -ECW Trigger Finger Mitten Liner -Intermediate Cold Weather (ICW) Glove FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0017 UNDEFINED Pair Year 4 - ECW Full Mitten Shell

FFP

Individual Component (Pair of the same size; left and right) FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0018 UNDEFINED Pair Year 4 - ECW Trigger Finger Mitten Shell

FFP

Individual Component (Pair of the same size; left and right) FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0019 UNDEFINED Pair Year 4 - ECW Trigger Finger Mitten Liner

FFP

Individual Component (Pair of the same size; left and right) FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0020 UNDEFINED Pair Year 4 - ICW Glove

FFP

Individual Component (Pair of the same size; left and right) FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0021 UNDEFINED Kit Year 5 - CWGS - Complete Kit

FFP

The Contractor shall package the CWGS as complete kits. A CWGS kit shall contain one pair (a pair consists of one left and one right component) of each of the four CWGS components of matching sizes.

The CWGS is composed of the following items:

-Extreme Cold Weather (ECW) Full Mitten Shells -ECW Trigger Finger Mitten Shells -ECW Trigger Finger Mitten Liner -Intermediate Cold Weather (ICW) Glove FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0022 UNDEFINED Pair Year 5 - ECW Full Mitten Shell

FFP

Individual Component (Pair of the same size; left and right) FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0023 UNDEFINED Pair Year 5 - ECW Trigger Finger Mitten Shell

FFP

Individual Component (Pair of the same size; left and right) FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0024 UNDEFINED Pair Year 5 - ECW Trigger Finger Mitten Liner

FFP

Individual Component (Pair of the same size; left and right) FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0025 UNDEFINED Pair Year 5 - ICW Glove

FFP

Individual Component (Pair of the same size; left and right) FOB: Destination

Section C - Descriptions and Specifications

STATEMENT OF WORK

C.1 SCOPE

This Statement of Work (SOW) covers the procurement of Cold Weather Glove Systems (CWGS). The United States Army, Product Manager Soldier Clothing, and Individual Equipment (PdM SCIE) will conduct the procurement as part of the Army’s CWGS Program of Record (POR).

The contractor shall manufacture, test, and inspect the items in accordance with the Technical Data Package (TDP) and associated drawings, patterns, specifications, and standards.

C.1.1 BACKGROUND

The CWGS POR fulfills a defined capability gap with a system that provides protection and durability, enables dexterity and tactility, and mitigates flame threats. The material solution will allow Soldiers the capability to perform a multitude of mission supporting tasks. This capability provides the ability to scale up or down as the mission or environment dictates.

A Capabilities Based Assessment dated 21 November 2015 identified and documented capability gaps in environmental protection: “Soldiers lack appropriate environmental protection providing the wearer comfort and sufficient dexterity to perform mission essential tasks in all operational environments and weather conditions…Soldiers lack the ability to maintain healthy and normal body functions (maintain adequate body temperature, eliminate heat stress) in operational environments (weather conditions and temperatures), to perform common tasks and battle drills during combat missions and special operations. Soldiers require the capabilities to maintain healthy and normal body functions through individual environmental protection while performing mission essential tasks in all operational environmental conditions (extreme cold weather environments, jungle, desert) and temperatures (120°F to -40°F) to defeat the enemy and complete the mission successfully.”

C.1.2 OBJECTIVE

The Contractor(s) shall produce and deliver CWGS in accordance with the TDP documents listed in Section J. The CWGS is composed of the following items:

Extreme Cold Weather Full Mitten Shells Extreme Cold Weather Trigger Finger Mitten Shells Extreme Cold Weather Trigger Finger Mitten Liner Intermediate Cold Weather Glove

C.2 APPLICABLE DOCUMENTS

The contractor(s) shall manufacture the CWGS in accordance with the TDP and associated drawings, patterns, specifications, and standards referenced in Section J.

Offerors shall formally request patterns by using the instructions provided in Section L of this solicitation.

C.3 REQUIREMENTS

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

Government patterns will be provided in electronic format in a recent Gerber AccuMark version. For contractors without access to compatible AccuMark CAD and/or plotting capabilities it is recommended to utilize a 2nd party Pattern Service for pattern conversion and/or plotting.

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

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

A Graphic Training Aid (GTA) shall be packaged with each pair of Intermediate Cold Weather Gloves. The GTA content will be provided by the Government as Government Furnished Information. The contractor shall be responsible for printing out the GTA, in color, and packaging it with each pair of Intermediate Cold Weather Gloves. The GTA will be able to fit in a single, double sided A4 sized sheet of paper. The final GTA shall be produced of a material that is water and tear resistant and shall be folded into a size that is able to fit comfortably into a pocket.

C.4 “KIT” UNIT OF MEASURE

The Contractor shall package the CWGS as complete kits. For sizes S, M, L, and XL, a CWGS kit shall contain one pair (a pair consists of one left and one right component) of each of the four CWGS components of matching sizes in accordance with the TDP and associated drawings, patterns, specifications, and standards referenced in Section J.

For size XS, a CWGS kit shall contain one pair of size XS Intermediate Cold Weather Gloves and one pair of each of the remaining three components in size S.

The CWGS is composed of the following items:

-Extreme Cold Weather (ECW) Full Mitten Shells -ECW Trigger Finger Mitten Shells -ECW Trigger Finger Mitten Liner -Intermediate Cold Weather (ICW) Glove

C.5 “PAIR” UNIT OF MEASURE

When ordered as individual components, the contractor shall package the individual components as complete pair. A individual component pair consists of one left and one right component of the CWGS component corresponding to the product of the CLIN of matching sizes in accordance with the TDP and associated drawings, patterns, specifications, and standards referenced in Section J.

C.6 PRODUCTION RAMP-UP AND DELIVERIES

Initial production deliveries of CWGSs shall start no later than 180 calendar days after issuance of a Delivery Order.

Deliveries shall ramp up to 4,000 complete CWGS sets per month starting 270 calendar days after issuance of a Delivery Order. The government currently has a requirement for over 194,000 CWGS.

Advanced shipping notice, including packing lists, must be provided prior to delivery of all shipments.

Deliveries shall be made in accordance with (IAW) Attachment 0005 - Shipping Instructions, attached by reference under Section J.

C.7 PROGRAM MANAGEMENT

C.7.1 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 Offeror 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.

C.7.2 SUPPLIER MANAGEMENT

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 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 their responsibility for their suppliers.

C.7.3 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, minimizing any negative impact on contract performance.

The contractor shall be responsible for the work performed by their subcontractors including any inspections and tests performed. The contractor shall maintain documented evidence that its subcontractors meet all criteria related to the contract’s materials/processes. Subcontractors of key/critical components or processes controlling key/critical characteristics shall be identified including names and contact information of key personnel. The contractor shall maintain documented evidence that its subcontractors 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 subucontractors of key/critical components. No review/audit of any subcontractors by the Government will relieve the contractor of their responsibility for their subcontractors.

C.7.4 CONFIGURATION MANAGEMENT

The contractor shall establish and use configuration control procedures to manage proposed changes, beginning with the submission of the First Production Lot approval. The contractor 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.7.5 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.8 MEETINGS, TECHNICAL REVIEWS AND CONFERENCES

C.8.1 POST AWARD CONFERENCE

The contractor shall organize, attend, and participate in a technical and contractual conference, with Government personnel, to be conducted within 30 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 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 contractor shall ensure adequate representation of technical and management staff. If applicable, the contractor shall determine the extent of subcontractor participation required for the Post Award Conference and take appropriate action to ensure attendance. The contractor shall take and distribute Post Award Conference minutes.

C.8.2 INTEGRATED PRODUCT TEAM (IPT) MEETINGS

The contractor shall organize, attend, and lead IPT meetings with Government personnel. The IPT meetings 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, IPT meetings may be changed to be held on a monthly or as-needed basis. The purpose of the weekly IPT meetings will be to discuss the project status. The contractor shall ensure adequate representation of technical and management staff. If applicable, the contractor shall determine the extent of subcontractor participation required for each IPT meeting and take appropriate action to ensure attendance. The contractor shall take and distribute IPT meeting minutes.

C.8.3 PRODUCTION READINESS REVIEW

The Contractor shall organize and attend a Production Readiness Review (PRR) to be scheduled by the Government.

The Prime Contractor shall ensure documentation is provided and representation is present from all subcontractors/producers to ensure a successful PRR in accordance with the PRR Template located in Section J. The desired location for the PRR is at the production facilities. Arrangements can be made to hold the PRR virtually depending on travel and/or schedule restrictions.

Section D - Packaging and Marking

D.1 PACKAGING AND MARKING

Contractor shall package the CWGS as complete kits. A CWGS kit shall contain one pair (a pair consists of one left and one right component) of each of the four CWGS components of matching sizes. The CWGS kits shall be packaged in clear plastic bags.

The plastic bags shall have a white sticker label stating the item nomenclature (“Cold Weather Glove System”), contract number, Delivery Order number, and the CWGS kit Management Control Number (MCN) in human readable and barcode formats. Each CWGS kit shall include a Graphic Training Aid (GTA) as outlined in the Statement of Work (SOW).

Once bagged, the CWGS kits shall be packaged in accordance with the Attachment 0005 – Shipping Instructions) included in Section J.

The individual component pairs shall be packaged in clear plastic bags. The plastic bags shall have a white sticker label stating the component nomenclature, contract number, Delivery Order number, and appropriate National Stock Number (NSN) in human readable and barcode formats. Only Intermediate Cold Weather Glove pairs shall be packaged with a GTA as outlined in section C.3 of this SOW.

Once bagged, the individual component pairs shall be packaged in accordance with the Shipping Instructions included in Section J.

All kits and components must include labeling in accordance with labeling instructions provided in Section J.

Individual components do not need to be bagged separately within a kit.

CLAUSES INCORPORATED BY REFERENCE

252.211-7003 Item Unique Identification and Valuation JAN 2023

Section E - Inspection and Acceptance

INSPECTION/ACCEPTANCE

AQLs (ANSI/ASQ Z1.4) Major - Level II, 2.5 Minor - Level II, 6.5 Dimensional - S-3, 4.00 Palletization - S-2, 6.5 Prep - S-2, 2.5

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 Cold Weather Glove Systems (CWGS) in accordance with the Contract delivery orders and delivery schedules. The Contractor shall ensure the delivered CWGS (as required) with the Contract, Drawings and Patterns. If there is a technical conflict between any documentation, the most restrictive requirements will apply.

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 Product Design Model evaluation 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.

Quality Validation Plan (QVP).

The Contractor must follow and maintain Quality Validation Plan. The QVP shall identify all critical processes and how these processes are monitored and controlled. The QVP shall identify in process and final inspections and tests that will be conducted, and what process controls are planned, both at the contractor and their subcontractor facilities. The Government reserves the right to monitor and inspect this plan throughout the life of the contract. Any changes or deviations from the plan shall be requested in writing to the contracting office prior to implementation.

Configuration Control.

The Contractor shall establish and use configuration control procedures to manage proposed changes, beginning with the submission of the First Product Lot Inspection (FPLI). Following Government acceptance of First Product Lot Inspection (FPLI), the Contractor shall not alter the design in form, fit, function or materials, components or manufacturing processes without submitting an Engineering Change Proposal (ECP), request for deviation (RFD) or request for waiver (RFW) to the Contracting Officer; and, receive written approval from the Contracting Officer to proceed. If 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).

First Product Lot Inspection (FPLI).

The Government will conduct the FPLI at the contractor’s facility. At least 15 calendar days before the beginning of FPLI, the Contractor shall notify the Government of the time and location. Inspection shall be performed to determine whether the garments and materials meet the requirements of the purchase description, patterns, and contract. The contractor shall produce both the FPLI units and the production quantity units at the same facility using the same manufacturing processes. Any changes in materials or manufacturing processes must be reported to the Contracting Officer for approval.

The CWGS is composed of the following items:

-Extreme Cold Weather (ECW) Full Mitten Shells -ECW Trigger Finger Mitten Shells -ECW Trigger Finger Mitten Liner -Intermediate Cold Weather (ICW) Glove

The CWCS quantities for FPLI will be:

Ten X-Small (Intermediate Cold Weather Glove only), Ten Small CWGS, Ten Medium CWGS, Ten Large CWGS and Ten X-large CWGS

Random sampling shall be in accordance with ANSI/ASQ Z1.4, Sampling Procedures and Tables for Inspection of Attributes, General Inspection Level II with the AQLs specified for Conformance Lot Inspections.

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. If there is a conflict between the stated requirements within the Contract, Drawings and Patterns; the more restrictive requirement shall apply.

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 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 CWGS Garments 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 raw 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 specified product and quality requirements 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) When 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 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 Samples of each lot of 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 KO, 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 0015 Origin Government Origin Government 0016 Origin Government Origin Government 0017 Origin Government Origin Government 0018 Origin Government Origin Government 0019 Origin Government Origin Government 0020 Origin Government Origin Government 0021 Origin Government Origin Government 0022 Origin Government Origin Government 0023 Origin Government Origin Government 0024 Origin Government Origin Government 0025 Origin Government Origin Government

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 180 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…