W912CH24Q0094.pdf

REQUEST FOR QUOTATION This RFQ is is not a small business set-aside Page Of

(This is NOT an Order)

1. Request No. 2. Date Issued 3. Requisition/Purchase Request No. 4. Cert For Nat Def. Under BDSA Rating

See Schedule Reg. 2 and/or DMS Reg. 1 5A. Issued By 6. Deliver by (Date)

See Schedule

7. Delivery

FOB Other Destination

5B. For Information Call: (Name and telephone no.) (No collect calls)

8. To: Name and Address, Including Zip Code 9. Destination (Consignee and address, including Zip Code)

See Schedule

10. Please Furnish Quotations to the Issuing Office in Block 5A On or Before Close of Business (Date)

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please indicate on this form and return it to the address in Block 5B. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services.

Supplies are of domestic origin unless otherwise indicated by quoter. Any interpretations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. Schedule (Include applicable Federal, State, and local taxes)

Item Number (a)

Supplies/Services (b)

Quantity (c)

Unit (d)

Unit Price (e)

Amount (f)

(See Schedule)

12. Discount For Prompt Payment a. 10 Calendar Days b. 20 Calendar Days c. 30 Calendar Days d. Calendar Days % % % Number Percentage

NOTE: Additional provisions and representations are are not attached.

13. Name and Address of Quoter (Street, City, County, State and 14. Signature of Person Authorized to Sign 15. Date of Quotation Zip Code) Quotation

16. Signer

a. Name (Type or Print) b. Telephone

Area Code

c. Title (Type or Print) Number

AUTHORIZED FOR LOCAL REPRODUCTION Standard Form 18 (Rev. 8-95) PREVIOUS EDITIONS NOT USABLE 18-118 Prescribed by GSA-FAR (43 CFR) 53.215-1(a)

X

W912CH-24-Q-0094 DOA5

W912CHACC-DTA

6501 E. 11 MILE RD.

DETROIT ARSENAL, MI 48397-5000

ABHIRAM E. POPURI (520)684-5015

CCTA-APS-A

EMAIL: ABHIRAM.E.POPURI.CIV@ARMY.MIL

X

2024OCT09

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CONTINUATION SHEET

Reference No. of Document Being Continued Page of

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SUPPLEMENTAL INFORMATION

Buyer Name: ABHIRAM E. POPURI

Buyer Office Symbol/Telephone Number: CCTA-APS-A/(520)684-5015

Type of Contract 1: Firm Fixed Price

Kind of Contract: Supply Contracts and Priced Orders

Weapon System: Gas Masks

*** End of Narrative A0000 ***

This solicitation is sole sourced to Avon Protection Systems, Inc. (CAGE Code 1LEW5). The Technical Data Package (TDP) is not considered adequate for competition as the drawings are owned by Avon Protection Systems, Inc.

1. This solicitation will result in a Firm-Fixed Price purchase order for the following requirement:

NOUN: Canister, Chemical-Biological Mask

NSN: 4240-01-663-8648

PART NO.: 72008_2

UNIT OF ISSUE: Each (EA)

BASIC QUANTITY: 12 EA

2. The contractor is authorized to ship early at no additional cost to the Government.

3. All shipments will be FOB Destination to the following ship to address:

(W22PVJ) XU BLUE GRASS ARMY DEPOT

BLUE GRASS ARMY DEPOT

431 BATTLEFIELD MEMORIAL HIGHWAY

RICHMOND, KY, 40475-5070

A.1 Electronic Contracting

(a) All Army Contracting Command Detroit Arsenal solicitations will be publicized on the System for Award Management website

(https://www . sam.gov). Any additional attachments, including Technical Data Packages (TDPs) when available electronically, will be separate attachments or links embedded in the solicitation.

(b Unless directed to do otherwise in Section L of this solicitation, offerors shall follow the instructions in paragraph (c) below.

(c) With the recent transition from www.FBO.gov to www.beta.sam.gov and then to www.sam.gov , the www.sam.gov site has been experiencing a number of issues. Interested Offerors shall submit a proposal via email to the Contract Specialist

(abhiram.e.popuri.civ@army.mil) and cc the corresponding Contracting Officer (sarah.l.davis.civ@army.mil) with the subject header:

Proposal Submission - W912CH-24-Q-0061(company name). Once a proposal is received, the Contract Specialist/Contracting Officer will reply with the respective Offeror stating receipt of proposal submission.

(1) Maximum size of each e-mail shall be 10 megabytes. You may use multiple e-mail messages for each bid/submission, however, you must annotate the subject lines as described above for each message, and number them in this manner: Message 1 of 3, 2 of 3, 3 of 3.

Bids can be submitted can be submitted using any of the following electronic formats:

(2) Microsoft Office Products; Word, Excel, or PowerPoint. Spreadsheets must be sent in a format that includes all formulate macro and format information. Print image is not acceptable.

(3) Files in Adobe PDF (Portable Document Format). Scanners should be set to 300 dots per inch.

(4) Files in HTML (Hypertext Markup Language). HTML documents must not contain active links to live Internet sites or pages.

All linked information must be contained within your electronic bid/offer and be accessible offline.

(5) Other electronic formats are not acceptable.

Ensure that filenames of attachments DO NOT contain spaces to limit virus scanners rejecting the email as unscannable.

(d) Please pay close attention to the Issued By block location on the cover page of the solicitation for closing date and time. The closing date and time is based on the local time of the listed location of the Issued By office. In accordance with FAR 15.208(a), offerors are responsible for submitting proposals, and any revisions, and modifications, so as to be received by the Government office designated in the solicitation by the time specified.

(e) It is the responsibility of the Offeror to ensure the proposal/quote is received by the date and time specified on the cover page of this solicitation. In accordance with FAR 15.208, if the proposal/quote was not received at the initial point of entry to the

Government infrastructure (in this case, received through SAM) by the exact date and time specified on the cover page of this solicitation, it will be determined late. Proposal/quote is defined to mean ALL volumes or parts required in the solicitation are included in the electronic submission.

Note: There is no "expected" or "target" length of time for proposal submission; size and content may be factors, therefore offerors are strongly cautioned when submitting proposals to allow adequate time for submission.

(f) Solicitations may remain posted on www.sam.gov after the solicitation closing date. If the response deadline has passed for the solicitation, vendors will no longer be able to submit electronic responses.

(g) Any award issued as a result of this solicitation will be distributed electronically. In the event of a FOIA request for a copy of any award issued as a result of this solicitation, or any subsequent modifications to the contract, the contract and modifications will be released, including the awarded unit price. This is the notice required by Executive Order 12600 (June 23, 1987) of the Governments intention to release unit prices in response to any request under the Freedom of Information Act (FOIA), 5 USC 552. Unit price is defined as the contract price per unit or item purchased as it appears in Section B of the contract and is NOT referring to nor does it include Cost or Pricing data/information. If an Offeror objects to such release in the base contract or contract modifications, the

Offeror must notify the contracting officer in writing prior to the closing date identified in this solicitation and include the

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W912CH-24-Q-0094

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

rationale for the objection consistent with the provisions of FOIA. A release determination will be made based on rationale given.

(h) Questions pertaining to this solicitation should be directed to the Contract Specialist identified on the cover page of this solicitation. For technical assistance in doing business with the Government, and doing business electronically, please visit the

Procurement Technical Assistance Center (PTAC) website at http://www.aptac-us.org/ to locate a regional center.

A.2 ACKNOWLEDGEMENT OF AMENDMENTS

Acknowledge all the amendments received from the Government by identifying the amendment number and its issue date below:

Amendment Number: Date:

A.3 ARMY CONTRACTING COMMAND DETROIT ARSENAL (DTA) OMBUDSPERSON

Information regarding the Ombudsperson for this contract is located at the following website: https://www.tacom.army.mil/ombudsperson

. (Best viewed using Google Chrome or Microsoft Edge).

*** END OF NARRATIVE A0001 ***

A.__ DISTRIBUTION AND DESTRUCTION OF EXPORT CONTROL TECHNICAL DATA PACKAGE

(a) This solicitation and resulting contract contains technical data whose export is restricted by the Arms Export Control Act (Section

2751 of Title 22, United States Code) or the Export Control Reform Act of 2018 (Chapter 58 Sections 4801-4852 of Title 50, United States

Code). This also applies to distribution of the TDP to all SUBCONTRACTORS at every level.

(b) To be eligible to gain access to this export controlled TDP (via SAM.gov) an offeror must have a current DD 2345, Militarily

Critical Technical Data Agreement certification on file with the Defense Logistics Information Service (DLIS). To obtain certification, contractors must submit a DD Form 2345 to the United States (U.S.)/Canada Joint Certification Office (JCO), along with a copy of supporting documentation. DD Form 2345 and instructions can be found on the Joint Certification Program website at:

http://www.dla.mil/HQ/InformationOperations/Offers/Products/LogisticsApplications/JCP.aspx Processing time is estimated at six (6) to ten (10) weeks after receipt. Upon receipt of certification, an offeror may request the TDP in accordance with the solicitation's

Section C Technical Data Package instructions.

(c) Upon completion of the purposes for which Government Technical Data has been provided, the offeror, and all subcontractors, vendors, and sub-vendors of the offeror, are required to destroy all documents, including all reproductions, duplications, or copies thereof as may have been further distributed.

(d) Destruction of this technical data shall be accomplished by: shredding, pulping, burning, or melting any physical copies of the TDP and/or deletion or removal of downloaded TDP files from computer drives and electronic devices, and any copies of those files.

*** END OF NARRATIVE A0002 ***

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PIIN/SIIN

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

SUPPLIES OR SERVICES AND PRICES/COSTS

0001 Nosecup Left Filter

NSN: 4240-01-663-8648

Mfr CAGE: 1LEW5

Mfr Part Number: 72008/8

0001AA NOSECUP LEFT FILTER 12 EA $ $ ____________________ ______________ __________________

COMMODITY NAME: Nosecup Left Filter

PRON: EH4C0598EH PRON AMD: 06

Packaging and Marking _____________________

PACKAGING/PACKING/SPECIFICATIONS:

MIL STD 129

LEVEL PRESERVATION: Military

LEVEL PACKING: B

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

Deliveries or Performance _________________________

DOC SUPPL

REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____

001 W58HZ14087V023 W22PVJ J 2

DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________

001 12 0120

FOB POINT: Destination

SHIP TO:

(W22PVJ) XU W0L7 BLUE GRASS ARMY DEPOT

XU GEN SUP STORAGE PT CRP WHSE 211

431 BATTLEFIELD MEMORIAL HIGHWAY

RICHMOND,KY,40475-5070

The quantity stated for the option CLIN DOES NOT form a part of the basic contractual quantity. Part or all of it may, however, be added to the contract by exercise of the option clause, at the discretion of the government.

The failure of the offeror to insert a unit price applicable to the option quantity must mean that the offeror will supply all or any part of the option, if exercised by the Government, at the basic contract unit price, and the offeror will be evaluated for award accordingly.

(End of narrative A001)

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Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

0001AB UNEXERCISED OPTION QUANTITY 12 EA $ $ ___________________________ ______________ __________________

COMMODITY NAME: Nosecup Left Filter

CLIN CONTRACT TYPE:

Firm Fixed Price

PRON: EH4C0598EH PRON AMD: 06

Packaging and Marking _____________________

PACKAGING/PACKING/SPECIFICATIONS:

MIL STD 129

LEVEL PRESERVATION: Military

LEVEL PACKING: B

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

Deliveries or Performance _________________________

DOC SUPPL

REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____

001 W58HZ14087V023 W22PVJ J 2

DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________

001 12 0365

FOB POINT: Destination

SHIP TO:

(W22PVJ) XU W0L7 BLUE GRASS ARMY DEPOT

XU GEN SUP STORAGE PT CRP WHSE 211

431 BATTLEFIELD MEMORIAL HIGHWAY

RICHMOND,KY,40475-5070

0002 FAT AND REPORT

0002AA FIRST ARTICLE TEST AND REPORT 1 LO $ ** NSP ** _____________________________ __________________

SERVICE REQUESTED: FAT AND REPORT

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________

001 1 0060

0003 CONTRACTOR PLT

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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

0003AA CONTRACTOR PRODUCTION LOT TESTING 1 LO $ ** NSP ** _________________________________ __________________

SERVICE REQUESTED: CONTRACTOR PLT

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________

001 1 0120

9000 BASIC CLIN FOR ELIN ___________________

1. DATA ITEM NO. A001

2. TITLE OF DATA ITEM: First Article Test Report

3. SUBTITLE:

4. AUTHORITY: DI-NDTI-80809B

5. CONTRACT REFERENCE: Section E; Clause 52.209-3

6. REQUIRING OFC: FCDD-CBE-SQI

7. LT

8. APP CODE:

9. DIST. STATEMENT REQUIRED: D

10. FREQUENCY: AS REQ

11. AS OF DATE:

FORM 034 REV: D 8/6/2019

12. DATE OF FIRST SUBMISSION: AS REQ

13. DATE OF SUB:

14. DISTRIBUTION / A. ADDRESSEES B. COPIES DRAFT / 1

FINAL COPY SEE ADDRESS CODE // DISTRIBUTION ADDRESS

ATTACHMENT //

15. TOTAL: 1

16. Remarks:

*FIRST ARTICLE TEST REPORT SHALL BE SUBMITTED THRU

THE QAR. SEE THE CONTRACT CLAUSES PERTAINING TO FIRST

ARTICLE

TEST REPORTS FOR INSTRUCTIONS REGARDING SUBMISSION

AND DISPOSITION REPORTS. SUBMIT ELECTRONICALLY THRU

THE

QAR TO THE CONTRACT SPECIALIST/PCO. THE CONTRACT

SPECIALIST WILL PROVIDE THE REPORT ELECTRONICALLY TO

DEVCOM

CBC-QA POC.

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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

**THE GOVT HAS 30 DAYS AFTER RECEIPT OF FATR FOR

APPROVAL/DISAPPROVAL.

(End of narrative A001)

A001 FIRST ARTICLE TEST REPORT 1 LO $ ** NSP ** _________________________ __________________

SERVICE REQUESTED: FAT REPORT

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 SEE DD FORM 1423

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DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.__ USE OF CLASS I and CLASS II OZONE DEPLETING SUBSTANCES

(a) Definitions.

(1) Class I and Class II Ozone-Depleting Substances (CIODS) refers to the class of substances identified in Section 602(a) of the Clean

Air Act, (42 U.S.C. 7671a(a)), complete list provided at: https://www.govinfo.gov/content/pkg/USCODE-2013-title42/html/USCODE-2013-title42-chap85-subchapVI-sec7671a.htm

(2) Directly requires the use of CIODS means that the Government's specification or technical data package, at any tier, explicitly requires the use of any Class I Ozone-Depleting Substance (CIODS) in performance of the contract.

(3) Indirectly requires the use of CIODS means that the Government's specification or technical data package, while not explicitly requiring the use of any CIODS, does require a feature that the contractor can meet or produce only by the use of CIODS.

(b) Per Section 326 of Public Law 102-484, the Army cannot award any contract that directly or indirectly requires the use of CIODS without the approval of the Senior Acquisition Official, per current Army Policy the approval authority is the Army Acquisition

Executive. Thus, no CIODS shall be used in meeting the requirements of this contract. If the use of CIODS is required in the performance of this contract, please notify the Contracting Officer immediately in writing.

(c) No Class II Ozone Depleting Substances shall be required in the performance of this contract without government approval. If the use of Class II ODS is required in the performance of this contract, please notify the Contracting Officer immediately in writing.

*** END OF NARRATIVE C0001 ***

PACKAGING AND MARKING

SECTION D SPECIAL PACKAGING INSTRUCTIONS

NSN: 4240-01-663-8648

ITEM: NOSECUP, LEFT FILTER MOUNT, MEDIUM

A. Military preservation, packing, and marking for the item identified above shall be accomplished in accordance with the specific requirements identified below, all the applicable requirements of, MIL-STD-2073-1 and the Special Packaging Instruction (SPI) contained in the TDP.

PRESERVATION: MILITARY

LEVEL OF PACKING: -B--

QUANTITY PER UNIT PACKAGE: -001-

SPI NUMBER P72008-8, DATED14 MAY 24, REV -

B. Unitization: Shipments of identical items going to the same destination shall be palletized if they have a total cubic displacement of 50 cubic feet or more unless skids or other forklift handling features are included on the containers. Pallet loads must be stable, and to the greatest extent possible, provide a level top for ease of stacking. A palletized load shall be of a size to allow for placement of two loads high and wide in a conveyance. The weight capacity of the pallet must be adequate for the load. The pallet shall be a 40 x 48 inch, 4-way entry pallet although variations may be permitted as dictated by the characteristics of the items being unitized. The load shall be contained in a manner that will permit safe handling during shipment and storage.

C. Marking: In addition to any special markings called out on the SPI;

C.1. All unit packages, intermediate packs, exterior shipping containers, and, as applicable, unitized loads shall be marked in accordance with MIL-STD-129, including bar coding and a MSL label. The contractor is responsible for application of special markings as discussed in the Military Standard regardless of whether specified in the contract or not. Special markings include, but are not limited to, Shelf-life markings, structural markings, and transportation special handling markings. The marking of pilferable and sensitive materiel will not identify the nature of the materiel. Passive RFID tagging is required in all contracts that contain DFARS clause 252.211-7006. Contractors must check the solicitation and/or contract for this clause. For details and most recent information, see http://www.acq.osd.mil/log/sci/ait.html for the current DoD Suppliers Passive RFID

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Information Guide and Supplier Implementation Plan. If the item has Unique Item

Identifier (UII) markings then the concatenated UII needs to be 2D bar coded and applied on the unit package, intermediate and exterior containers, and the palletized unit load.

D. Heat Treatment and Marking of Wood Packaging Materials: All non-manufactured wood used in packaging shall be heat treated to a core temperature of 56 degrees Celsius for a minimum of 30 minutes. The box/pallet manufacturer and the manufacturer of wood used as inner packaging shall be affiliated with an inspection agency accredited by the board of review of the American Lumber Standard Committee. The box/pallet manufacturer and the manufacturer of wood used as inner packaging shall ensure tractability to the original source of heat treatment. Each box/pallet shall be marked to show the conformance to the International Plant Protection Convention Standard. Boxes/pallets and any wood used as inner packaging made of non-manufactured wood shall be heat\'02treated. The quality mark shall be placed on both ends of the outer packaging, between the end cleats or end battens; on two sides of the pallet. Foreign manufacturers shall have the heat treatment of non-manufactured wood products verified in accordance with their

National Plant Protection Organizations compliance program. In addition, wood used as dunnage for blocking and bracing, to include ISO containers, shall be ordered with ALSC certified marking for dunnage or the markings may be applied locally at two foot intervals.

E. This SPI has been validated and the method of preservation/packing has proven successful in meeting the needs of the military distribution system, including indeterminate storage and shipment throughout the world. Special instructions and/or tailoring of the SPI is detailed in the Supplemental Instructions below. A prototype package is required to validate the sizes and fit requirements of the SPI.

Minor dimensional and size changes are acceptable provided contractor provides the

PCO and ACO with notification 60 days prior to delivery. Any design changes or changes in the method of preservation that provide a cost savings without degrading the method of preservation or packing or affecting the serviceability of the item will be considered and responded to within 10 days of submission to PCO and ACO.

Government reserves the right to require testing to validate alternate industrial preservation methods, materials, alternate blocking, bracing, cushioning, and packing.

F. Hazardous Materials (as applicable):

F.1..Hazardous Materials is defined as a substance, or waste which has been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce and which has been so designated.

(This includes all items listed as hazardous in Titles 29, 40 and 49 CFR and other applicable modal regulations effective at the time of shipment.)

F.2. Unless otherwise specified, packaging and marking for hazardous material shall comply with the requirements for the mode of transport and the applicable performance packaging contained in the following documents:

International Air Transport Association (IATA) Dangerous Goods Regulations

International Maritime Dangerous Goods Code (IMDG)

Code of Federal Regulations (CFR) Title 29, Title 40 and Title 49

Joint Service Regulation AFJMAN24-204/TM38-250/NAVSUPPUB 505/MCO

P4030.19/DLAM 4145.3 (for military air shipments).

F.3. If the shipment originates from outside the continental United States, the shipment shall be prepared in accordance with the United Nations Recommendations on the

Transport of Dangerous Goods in a manner acceptable to the Competent Authority of the nation of origin and in accordance with regulations of all applicable carriers.

F.4. When applicable, a Product Safety Data Sheet (SDS) is required to be included with every unit pack and intermediate container and shall be included with the packing list inside the sealed pouch attached to the outside of the package.

SUPPLEMENTAL INSTRUCTIONS:

-PLACE A RED X AND THE WORDS

SHORT BOX ON THE FRONT OF ANY BOX THAT HAS A SHORT

QUANTITY, THEN PLACE THAT BOX/BOXES WITH THE

MARKINGS SHOWING ON THE TOP FRONT OF THE PALLET

LOAD.

- Extendable shelf life markings (e.g., 1, 2, 3, etc.) are required for this procurement and shall be applied in accordance with

MIL\'02STD-129. The shelf life code is . The shelf life markings shall include, as applicable: the Manufactured or Assembled or

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Cured Date: (mo/yr), and the Insp/Test Date (mo/yr). The Insp/Test Date date shall be months in the future from the manufactured, cured, or assembled date. In accordance with DoDM 4140.27, Vol 1 and MIL-STD-129, an item shall have not less than 85 percent of shelf life remaining at time of receipt by the Government. Any part not having at least 85 percent shelf life remaining shall be considered non-conforming.

-The Contractor shall provide standardized lot numbers on all Nosecups, identifying the production run during which the units were produced. A copy of the records from the production runs shall be maintained by the Contractor for Government review, as requested, for a minimum time period of two years.

*** END OF NARRATIVE D0001 ***

INSPECTION AND ACCEPTANCE

This document incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

For FAR clauses: https://www.acquisition.gov/

For DFARS clauses: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

If the clause requires additional or unique information, then that information is provided immediately after the clause title.

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

1 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE AUG/1996

E.__ REWORK AND REPAIR OF NONCONFORMING MATERIAL

(a) Rework and Repair are defined as follows:

(1) Rework - The reprocessing of nonconforming material to make it conform completely to the drawings, specifications or contract requirements.

(2) Repair - The reprocessing of nonconforming material in accordance with approved written procedures and operations to reduce, but not completely eliminate, the nonconformance. The purpose of repair is to bring nonconforming material into a usable condition. Repair is distinguished from rework in that the item after repair still does not completely conform to all of the applicable drawings, specifications or contract requirements.

(b) Rework procedures along with the associated inspection procedures shall be documented by the Contractor and submitted to the

Government Representative for review and approval prior to implementation. Rework procedures are subject to the Governments disapproval.

(c) Repair procedures shall be documented by the Contractor and submitted on a Request for Deviation/Waiver, to the Contracting Officer for review and written Government approval prior to implementation.

(d) Whenever the Contractor submits a repair or rework procedure for Government review and approval, the submission shall also include a description of the cause for the nonconformances and a description of the action taken or to be taken to prevent recurrence.

(e) The Government approved rework or repair procedure shall also contain a provision for re-inspection which will take precedence over the Technical Data Package requirements and shall, in addition, provide the Government assurance that the reworked or repaired items have met reprocessing requirements.

*** END OF NARRATIVE E0001 ***

E.__ DESTRUCTIVE TESTING

(a) All costs for destructive testing by the Contractor and items destroyed by the Government are considered as being included in the contract unit price.

(b) Where destructive testing of items or components thereof is required by contract or specification, the number of items or components

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required to be destructively tested, whether destructively tested or not, shall be in addition to the quantity to be delivered to the

Government as set forth in the Contract Schedule.

(c) All pieces of the complete First Article shall be considered as destructively tested items unless specifically exempted by other provisions of this contract.

(d) The Contractor shall not reuse any components from items used in a destructive test during First Article, lot acceptance or in process testing, unless specifically authorized by the Contracting Officer.

(e) The Government reserves the right to take title to all or any items or components described above. The Government may take title to all or any items or components upon notice to the Contractor. The items or components of items to which the Government takes title shall be shipped in accordance with the Contracting Officer's instructions. Those items and components to which the Government does not obtain title shall be rendered inoperable and disposed of as scrap by the Contractor.

*** END OF NARRATIVE E0002 ***

E.__ USE OF MIL-STD 1916

(a) The Government will not accept lots whose samples submitted for acceptance contain non-conformances unless appropriately documented and approved by the contracting officer. The contractor shall use MIL-STD 1916, DOD Preferred Methods of Acceptance of Product. The

Verification Level (VL) shall be VL -1- for major characteristics and VL -2- for minor characteristics.

(b) MIL-STD HDBK-1916 provides guidance on the use of MIL-STD 1916. This handbook is not contractually binding.

*** END OF NARRATIVE E0003 ***

E.__ SUPPLEMENTAL REQUIREMENTS TO FIRST ARTICLE APPROVAL (CONTRACTOR TESTING)

The First Article Test (FAT) sample shall consist of 25 nosecup assemblies (Drawing 72008/8) for inspection and testing per QAP 72008. Certification and actual examination/test results for QAP 72008, Part IV shall be included in the FAT report. FAT shall also consist of inspection and testing of all components as listed in their QAPs, drawings, and specifications.

As determined by the Government, the samples shall be subject to any or all test and inspection requirements of the associated drawings and specifications. Per Section C, the small nosecup (drawing 72008/8) will be provided as government furnished material (GFM). If the offeror chooses to use other than the GFM, they shall meet the toxicity requirements in accordance with in EA-DTL-1879 for nosecup material as specified on drawing 72008/8.

A packaging FAT is required and shall consist of three (3) packaged units and inspected in accordance with SPI

P72008/8, packaging inspections shall be part of the FAT and be included as part of the FAT Report submittal to the Government (see paragraph 2.d) OF SPI.

The FAT report shall be submitted to the DCMA QAR/QAS for review prior to PCO submission.

(a) In accordance with the requirements under FAR clause 52.209-3, found in Section I of this document, the first article approval item(s) shall be examined and tested as required by the item specification(s), Quality Assurance Provisions (QAPs) and all drawings listed in the Technical Data Package.

(b) The first article shall be representative of items to be manufactured using the same processes and procedures and at the same facility as contract production. All parts and materials, including packaging and packing, shall be obtained from the same source of supply as will be used during regular production. All components, subassemblies, and assemblies in the first article sample shall have been produced by the Contractor (including subcontractors) using the technical data package applicable to this procurement.

(c) The first article shall be inspected and tested by the contractor for all requirements of the drawing(s), the QAPs, and specification(s) referenced thereon, except for:

(1) Inspections and tests contained in material specifications provided that the required inspection and tests have been performed within the last year and the results are submitted with the Certificates of Conformance are submitted with the First Article Test

Report.

(2) Inspections and tests for Military Standard (MS) components and parts provided that inspection and tests have been performed previously and certifications for the components and parts are submitted with the First Article Test Report.

(3) Corrosion resistance tests over 10 days in length provided that a test specimen or sample representing the same process has

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successfully passed the same test within 30 days prior to processing the first article, and results of the tests are submitted with the

First Article Test Report.

(4) Life cycle tests over 10 days in length provided that the same or similar items manufactured using the same processes have successfully passed the same test within 1 year prior to processing the first article and results of the tests are submitted with the

First Article Test Report.

(5) Onetime qualification tests, which are defined as a one-time on the drawing(s), provided that the same or similar item manufactured using the same processes has successfully passed the tests, and results of the test are on file at the contractor's facility and certifications are submitted with the First Article Test Report.

(d) Those inspections which are of a destructive nature shall be performed upon additional sample parts selected from the same lot(s) or batch(es) from which the first article was selected.

(e) A First Article Test Report shall be compiled by the contractor documenting the results of all inspections and tests (including supplier's and vendor's inspection records and certifications, when applicable). The First Article Test Report shall include actual inspection and test results to include all measurements, recorded test data, and certifications (if applicable) keyed to each drawing, specification and QAP requirement and identified by each individual QAP characteristic, drawing/specification characteristic and unlisted characteristic. Evidence of the QAR's verification will be provided. One copy of the First Article Test Report will be copy furnished to -1-.

(f) Notwithstanding the provisions for waiver of first article, an additional first article sample or portion thereof, may be ordered by the Contracting Officer in writing when (i) a major change is made to the technical data, (ii) whenever there is a lapse in production for a period in excess of 90 days, or (iii) whenever a change occurs in place of performance, manufacturing process, material used, drawing, specification or source of supply. When conditions (i), (ii), or (iii) above occurs, the Contractor shall notify the

Contracting Officer so that a determination can be made concerning the need for the additional first article sample or portion thereof, and instructions provided concerning the submission, inspection, and notification of results. Costs of the additional first article testing resulting from any of the causes listed herein that were instituted by the contractor and not due to changes directed by the

Government shall be borne by the Contractor.

*** END OF NARRATIVE E0004 ***

E.__ PRODUCTION LOT TESTING (CONFORMANCE INSPECTION - Contractor)

The contractor shall conduct item and packaging Production Lot Testing (PLT) on the Nosecup Assembly (Drawing

72008/8). The PLT shall consist of inspection and testing to all the requirements of QAP 72008/8, Part II, Note 2

(Conformance inspection) and SPI 72008/8, Note G.2.d. Sample size is determine by the lot size and inspection level as described in QAP 72008/8 and SPI 72008/8. Certificates of Conformance (CoC) shall be provided for all materials.

Portions of the PLT may be performed by government laboratories. The contractor is responsible for all testing regardless of who conducts the testing.

(a)The Contractor shall conduct production lot testing (PLT) for each production lot to be tendered to the Government for acceptance.

(b) The samples shall be selected, examined, and tested in accordance with QAP 72008/8, Part II, Note 2

(c) The samples shall be randomly selected from the entire lot by, or in the presence of, the Government Quality Assurance

Representative (QAR). The Contractor shall notify the QAR in writing at least five (5) business days in advance, when the lot is ready for sample selection. The Contractor shall inspect production lots for conformance to the contracts requirements prior to selecting PLT samples. Unless otherwise authorized by the Contracting Officer, test samples shall not be submitted pursuant to this provision where the Contractor has determined that the lot does not conform to all contract requirements.

(d) Within 15 days of completing PLT on any given lot, the Contractor shall deliver to the Government a report that documents whether production lots conform to PLT requirements in the Technical Data Package. The PLT report shall verify whether all required inspections and tests have been completed successfully. The report shall be submitted to the Government in accordance with CDRL in Section J.

(e) Within 10 workdays after receipt of the PLT report, the Government will notify the Contractor in writing whether the specific lot has been approved, conditionally approved, or rejected. The Contractor shall maintain PLT report(s) for a period of two years after contract expiration, during which time they shall be available for Government review.

(f) If the PLT sample fails to meet any contractual requirement, the lot from which the test samples were drawn shall be rejected by the

Government. In that event, the Contractor shall take immediate corrective action at no increase in the contract price, and shall submit an additional PLT sample (from the Government approved repair/reworked lot or from a new lot) for inspection. Corrective action shall apply to all items including, if applicable, basic items, repair parts, and in-process or final assembly items produced or in production since the last successful production lot test.

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(g) PLT samples not consumed or destroyed in testing may be delivered as part of the production quantities due under the contract.

*** END OF NARRATIVE E0005 ***

DELIVERIES OR PERFORMANCE

This document incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

For FAR clauses: https://www.acquisition.gov/

For DFARS clauses: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

If the clause requires additional or unique information, then that information is provided immediately after the clause title.

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CONTRACT CLAUSES

This document incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

For FAR clauses: https://www.acquisition.gov/

For DFARS clauses: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

If the clause requires additional or unique information, then that information is provided immediately after the clause title.

2 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT/2018

3 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG/2020

4 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEC/2023

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES

(DEC 2023)

5 52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING MAY/2024

(MAY 2024)

6 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN/2013

7 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS(MAR MAR/2023

2023)

8 52.243-1 CHANGES--FIXED PRICE AUG/1987

9 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS SEP/2011

10 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC 2022) DEC/2022

11 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT APR/1992

12 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING MAY/2024

(MAY 2024) (DEVIATION 2024-O0013, REVISION 1)

13 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT JAN/2023

(JAN 2023)

14 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS JAN/2023

EQUIPMENT OR SERVICES (JAN 2023)

15 252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2023) NOV/2023

16 252.225-7048 EXPORT-CONTROLLED ITEMS JUN/2013

17 252.225-7056 PROHIBITION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (JAN JAN/2023

2023)

18 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS DEC/2018

19 252.243-7001 PRICING OF CONTRACT MODIFICATIONS DEC/1991

20 252.244-7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR COMMERCIAL SERVICES (NOV NOV/2023

2023)

21 252.245-7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM ADMINISTRATION APR/2012

22 52.209-3 FIRST ARTICLE APPROVAL -- CONTRACTOR TESTING (SEP 1989) -- ALTERNATE SEP/1989

I (JAN 1997) AND ALTERNATE II (SEP 1989)

(a) The Contractor shall test 25 unit(s) of Lot/Item 72008/8 as specified in this contract. At least 10 calendar days before the beginning of first article tests, the Contractor shall notify the Contracting Officer, in writing, of the time and location of the testing so that the Government may witness the tests.

(b) The Contractor shall submit the first article test report within 30 calendar days from the date of this contract to the DCMAR QAR marked First Article Test Report: Contract No. __________________, Lot/Item No. ______. Within 30 calendar days after the Government receives the test report, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall repeat any or all first article tests. After each request for additional tests, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall then conduct the tests and deliver another report to the

Government under the terms and conditions and within the time specified by the Government. The Government shall take action on this report within the time specified in paragraph (b) above. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule, or for any additional costs to the Government related to these tests.

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(d) If the Contractor fails to deliver any first article report on time, or the Contracting Officer disapproves any first article, the

Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, and if the approved first article is not consumed or destroyed in testing, the Contractor may deliver the approved first article as part of the contract quantity if it meets all contract requirements for acceptance.

(f) If the Government does not act within the time specified in paragraph (b) or (c) above, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) Before first article approval, the Contracting Officer may, by written authorization, authorize the Contractor to acquire specific materials or components or to commence production to the extent essential to meet the delivery schedules. Until first article approval is granted, only costs for the first article and costs incurred under this authorization are allocable to this contract for

(1) progress payments, or

(2) termination settlements if the contract is terminated for the convenience of the Government. If first article tests reveal deviations from contract requirements, the Contractor shall, at the location designated by the Government, make the required changes or replace all items produced under this contract at no change in the contract price.

(h) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the offeror/contractor and have been accepted by the Government. The offeror/contractor may request a waiver.

(i) The Contractor shall produce both the first article and the production quantity at the same facility.

(End of Clause)

23 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS DEC/2014

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

24 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO NOV/2021

SURVEILLANCE SERVICES OR EQUIPMENT

(a) Definitions. As used in this clause--

"Backhaul" means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network

(e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

"Covered foreign country" means The Peoples Republic of China.

"Covered telecommunications equipment or services" means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

"Critical technology" means--

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(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms

Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part

73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C.

4817).

"Interconnection arrangements" means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

"Reasonable inquiry" means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

"Roaming" means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

"Substantial or essential component" means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-

232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.