W91CRB-13-R-0002.pdf

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(Hour)

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until 03:00 PM local time 09 Nov 2012

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A X B X C X D

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35 - 45 X H 46 - 68

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

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

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

1 68

(If other than Item 7)

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

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

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

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W91CRB 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 4

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

5 - 9

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 13 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 14 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

15 - 16

PART II - CONTRACT CLAUSES

ACC - APG - W91CRB

4401 BOOTHBY HILL AVENUE

ABERDEEN PROVING GROUND MD 21005-3013

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

09 Oct 2012

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W91CRB-13-R-0002

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 400 Each Phase One

FFP

For Test and Evaluation of Year One (1) Developmental Testing (DT1). To be accomplished In Accordance With (IAW) the SOW.

FOB: Destination

NET AMT

0002 300 Each OPTION Phase Two (2A)

FFP

For Test and Evaluation of Year Two (2) Developmental Testing (DT2). To be accomplished IAW the SOW.

0003 100 Each OPTION Phase Two (2B)

FFP

For Test and Evaluation of Year Two (2) Developmental Testing (DT2). Human Factors Evaluation (HFE). To be accomplished IAW the SOW.

0004 500 Each OPTION Phase Three (3) FAT & LAT

FFP

FAT and LAT Approval Phase. To be accomplished IAW the SOW.

0005 6,000 Each OPTION Phase four (4) LRIP

FFP

Low Rate Initial Production. To be accomplished IAW the SOW.

0006 1 Each OPTION Purchase of Technical Data Package (TDP)

FFP

Optional TDP purchase IAW the SOW.

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

SOLDIER PROTECTION SYSTEM (SPS)

INTEGRATED HEAD PROTECTION SYSTEM (IHPS)

1. Background:

The Soldier Protection System (SPS) is an Acquisition Category (ACAT) III program that is geared towards a system level integrated approach to protecting the Soldier. The SPS consists of five (5) commodity areas Hard Armor (Vital Torso), Soft Armor (Torso / Extremity), Head Protection (Helmet / Hearing), Eye Protection, Integrated Soldier Sensor Systems (ISS). The SPS will provide the Soldier multiple levels of ballistic protection that can be tailored to select mission profiles and protection against specific threats from conventional fragmenting munitions, small arms ammunition, and blunt impact.

Soldiers equipped with the SPS will be able to accomplish a broad range of missions. The versatility of the system will enable the Soldier to quickly transition from one mission type to another without degrading the momentum of small unit operations. The SPS will protect Soldiers involved in major combat operations, stability operations, homeland security operations, joint operating concepts, and the joint force functional concept. The focus area for this statement of work (SOW) is head protection. Product Manager Soldier Protective Equipment (PM SPE) is seeking a head protection system, which includes the helmet shell, suspension system, retention system, maxillofacial system (mandible & visor), and hearing protection, capable of meeting the integrated head protection requirements as defined in the Integrated Head Protection System (IHPS) specification.

2. Scope:

This Statement of Work (SOW) sets forth the requirements and deliverables to acquire integrated head protection for the mounted and dismounted Warfighter. The period of performance includes a two-year phased developmental effort for the contractor to achieve the desired system level of performance as defined in the IHPS specification. Developmental test items will be provided by the contractor for year one

(1) developmental testing (DT1) executed by the Government. Results from DT1 will be provided to the contractors for further product development/improvement. Improved products will be procured through an option Contract Line Item Number (CLIN) for a year two (2) developmental test (DT2). Low rate initial production (LRIP) quantities for an integrated head protection system will be procured through a third option CLIN and will be partially based upon the results from the second developmental test (DT2). Option CLINs will be executed at the Governments discretion. The specific quantities required will be set forth in the CLIN structure for this contract.

2.1 Governing Documents: The IHPS performance will be verified in accordance with the following documents:

2.2 Purchase Description (PD) IHPS System dated To Be Determined (TBD), 2012.

3. Requirements:

3.1. Phase 1 – The first phase of this requirement consists of evaluation and award of initial contracts for this effort. Contractors who are awarded contracts will provide four-hundred (400) ea Integrated Head Protection Systems (includes helmet shell, suspension system, retention system, maxillofacial system, and hearing protection sets) no later than sixty (60) days after award has been exercised for test and evaluation (DT1). As long as the contractor submits the required 400 ea IHPS sets according to the above delivery schedule and provides third party test data showing improvement over the design submitted in DT1, the Government will exercise the CLIN for DT2. It is desired that systems meet as many of the requirements of the IHPS PD as possible. Each system shall consist of the helmet shell, suspension system, retention system, maxillofacial system (mandible & visor), and hearing protection.

3.2. Phase 2A - Contractors will be provided feedback from test and evaluation samples procured under phase 1 (DT1) and given an opportunity to improve upon their integrated head protection system. Contractors who are awarded DT2 option CLIN for test and evaluation shall provide three-hundred (300) ea Integrated Head Protection Systems (includes helmet shell, suspension system, retention system, maxillofacial system, and hearing protection sets) no later than sixty (60) days after CLIN has been exercised for test and evaluation (DT2). The systems at a minimum are required to meet the ballistic and critical non-ballistic characteristics In Accordance With (IAW) Section M and the IHPS PD. It is desired that systems meet as many of the requirements of the IHPS PD as possible. Each system shall consist of the helmet shell, suspension system, retention system, maxillofacial system (mandible & visor), and hearing protection. In order to receive a DT2 option, contractors shall provide third party test data showing improvement upon their original design submitted in DT1. This improvement can be shown as meeting additional requirements of the IHPS PD not previously met, improving upon requirements partially met or design improvements to address user feedback. If testing cannot be completed to show that product was improved such as user evaluation then a white paper may be submitted stating the contractor’s case on how the design change will improve the user response to the head protection system.

3.3. Phase 2B - Contractors will be provided feedback from test and evaluation samples procured under phase 2A (DT2). Contractors who are awarded DT2 option CLIN for Human Factors Evaluation (HFE) shall provide one-hundred (100) ea Integrated Head Protection Systems (includes helmet shell, suspension system, retention system, maxillofacial system, and hearing protection sets) no later than forty-five (45) days after CLIN has been exercised for Human Factors Evaluation (DT2). The systems will be evaluated during HFE and down selected to a single awardee for LRIP quantities.

3.4. Phase 3 – Results of Test and Evaluation and HFE during DT2 will be used to determine if a contractor is awarded the LRIP option. Contractors who are awarded the LRIP option shall deliver five-hundred (500) ea Integrated Head Protection Systems (includes helmet shell, suspension system, retention system, maxillofacial system, and hearing protection sets) to undergo First Article Testing (FAT) no later than forty-five (45) days after CLIN has been exercised. Upon receipt of FAT Approval from the Contracting Officer (KO) (e.g., a FAT Approval Letter) the contractor shall deliver six thousand (6,000) ea Integrated Head Protection Systems (includes helmet shell, suspension system, retention system, maxillofacial system, and hearing protection sets) in accordance with the delivery schedule. Deliveries shall begin no later than 45 days from receipt of the FAT Approval Letter from the KO. Systems will be required to undergo Government Lot Acceptance Testing (LAT). LAT samples will be pulled by the Government from the full completed LRIP production to determine compliance of the LRIP samples to the IHPS PD. Items produced for the LRIP product shall be made using the same materials, processes, equipment and facilities as used to produce DT2 integrated head protection system unless a change is authorized by the Government. Upon successful completion of the LAT the Government will authorize the contractor to ship the LRIP.

3.3.1 An option to purchase the Technical Data Package (TDP) may be executed at the end of DT2. This option will be awarded at the Governments discretion. The contractor shall furnish all technical data to include drawings, specifications, material make up, processes etc. necessary to reproduce the product submitted for DT2. The contractor shall also be available as a consultant for a period of one (1) year after award of the TDP option to support, provide additional information and answer follow on questions.

4. Period of Performance: The period of performance is 36 months from contract award.

5. Deliverables:

5.1. Required Delivery Date for (Delivery Order 0001): Required delivery date for Delivery Order 0001 shall be sixty (60) days after contract award.

All head protection systems shall be delivered to:

5.2. Required Delivery Date for Delivery Order 0002/Option 1: The required delivery date for Delivery

Order 0002 shall be within sixty (60) days after execution of option 1.

All head protection systems shall be delivered to:

5.3. Required Delivery Date for Delivery Order 0003/Option 2: The required delivery date for Delivery Order 0002 shall be within forty-five (45) days after execution of option 2.

All head protection systems shall be delivered to: TBD

5.4. LRIP Option: Contractor shall deliver the full contract quantity within forty-five (45) days of execution of the option. Ship to location will be determined and provided when LRIP option CLIN is executed.

5.5. TDP Option: Contractor shall deliver the complete TDP in its entirety within one hundred and eighty

(180) days from execution of the option. Point of Contact (POC) and location for receipt of the TDP will be determined and provided when the TDP option CLIN is executed.

Testing: Testing for DT1 and DT2 will be performed at certified National Institute of Justice (NIJ) commercial laboratories and other third party test labs. Testing for LRIP including FAT and LAT will be tested at Aberdeen Test Center (ATC).

6. Program Manager: The Contractor shall assign a Program Manager (PM). This individual shall serve as primary Point of Contact (POC) between the Government and the Contractor and shall be responsible for the coordination of all the Contractor activities related to the contract. This person shall have the authority to commit the Contractor to specific courses of action and accept direction from the Contracting Officer.

This person shall be responsible for coordinating all meetings between the Government and The Contractor. The PM shall be responsible for bringing to the Contracting Officer’s attention any conflicts in the Contractor's interpretation of the contract requirements (first by telephone and followed in writing) or problems that could adversely affect the Contractor's ability to meet the stated quality, cost, or production/delivery schedule requirements.

7. Reviews: The contractor shall make personnel available for informal reviews and visits by Government representatives or Government support Contractors. The Assistant Product Manager (APM) will minimize visits to avoid interfering with production efforts. If the review or visit is initiated by the Government, the Government will provide an agenda to all participants. If the review or visit is initiated by the Contractor, the Contractor shall prepare and submit an agenda prior to the meeting and prepare a report following the meeting for each Government visit. The report shall summarize the discussions and any actions items that were generated including the topics, a brief description of each discussion, the action officer assigned, and the suspense date for completion. Contractor format for this report is acceptable.

8. Legal Requirements: Contractors shall meet the requirements of the Berry Amendment, Buy American Act and Trade Agreement Act for all eyewear systems.

9. Place of Performance: The work to be performed and places of performance under this contract will be identified by the contractor per FAR 52.215-6 Place of Performance, October 1997.

10. Government Furnished Equipment/Information/Computer Utilization: The contractor shall provide all equipment, facilities, and personnel required to execute this SOW.

11. Quality System: The Contractor shall establish, maintain, and operate a quality system that follows the requirements of FAR 52.246-11 Higher-Level Contract Quality, dated February 1999. The Contractor quality management system shall comply with ISO 9001:2008. This is only a reference for the higher quality system equivalent, not a requirement for certification. Products provided for acceptance by the Government must be in compliance with FAR Clause 52.246-11.

12.1 Quality Audits: The Government reserves the right to audit the Contractor’s Quality Management System (QMS) for all products/processes related to the contract. These audits may be of the QMS, a particular process, or the product. Passing the pre-production audit is required in order to receive written authorization from the Government to proceed to LRIP.

12.2 Subcontractor Management: The Contractor shall be responsible for work performed by their subcontractors and suppliers including any inspections and tests. The Contractor shall ensure that all contract requirements governing the performance of the product are effectively communicated to all subcontractors and suppliers. Subcontractors of key/critical components or processes shall be identified including names and contact information for key personnel. The Contractor shall maintain documented evidence that the subcontractors and suppliers meet all criteria related to the contract’s materials/processes, including ISO 9001:2008 compliant QMS. The Government reserves the right to, in coordination with the Contractor; review/audit any Subcontractors and suppliers of key/critical components. These reviews/audits by the Government will not relieve the Contractor of responsibility for their subcontractors.

12.3 Quality Manual: The Contractor shall plan for achieving customer satisfaction and assure that the product meets contractual and internal requirements. The Contractor shall establish and maintain a Quality Manual. The Contractor shall submit the Quality Manual for government approval within ten (10) working days of contract award or Contracting Officer request, whichever is first. Copies should be submitted to PM SPE Quality Assurance and the Contracting Officer. The Quality Manual must include: the scope of the quality management system, the documented procedures established for the quality management system, and a description of the interaction between the processes of the quality management system. All procedures describing the activities needed to implement the system shall be submitted in their entirety.

The Quality Manual must be submitted in electronic format and email is the preferred method.

12.4 Failure Analysis and Corrective Action Report (FACAR): In the event that failure occurs during LAT testing, the contractor shall conduct failure analysis and provide a FACAR to PM SPE, and the Contracting Officer Representative (COR) within ten working days of notice of failure. Email is the preferred method of delivery. FACAR is to be prepared in contractor format, but must be approved by the COR. FACAR content will include the date of failure, detailed failure description, detailed failure analysis, including testing, to identify the root cause for the failure, failure history, corrective action and validation plan to assess the effectiveness of the corrective action, any proposed changes/modification to approved Production Process Package (PPP) submission, and proposed disposition of the failed item and lot, and containment actions. The FACAR shall identify why the defect was not detected, impact to similar product or processes, and the process controls in place or planned to prevent the problem from recurring. The FACAR shall include documented evidence that rejected items will not get back into the DOD supply system, GSA and other venue in which Soldiers/Units may buy equipment using individual or unit funds.

12.5 Warranty of Supplies of a Noncomplex Nature: The Contractor shall ensure compliance with the vendor warranty covering workmanship, materials, and design. The Contractor shall comply with FAR 52.246-17. The warranty shall be a minimum of one (1) year starting at time of shipment from contractor to Government. The Government will notify the Contractor in writing within sixty (60) days of discovering a defect covered by this clause.

12.6 Workmanship: The finished head protection systems shall conform to the quality of product established by this performance specification. Utmost care shall be taken during production to ensure quality workmanship and safety of the service person using the item. All materials to be used in the construction of the IHPS shall be of first class quality and shall conform to applicable requirements in this

PD and internal specifications, unless otherwise specified. All workmanship shall conform to the highest grade standards. Manufacturing practices shall meet the highest standards prevailing in the respective branches of industry involved in the production of head protection and their components. All component materials shall be properly marked and identified, and also protected properly during storage. This section is applicable to all material or components of the IHPS whether furnished by the Prime Contractor or by any of their suppliers or sub-contractors.

13. Configuration Management: The Contractor shall establish a configuration management program for IHPS that addresses all new and/or modified hardware, firmware, software and documentation resulting from this contract. The contractor, at no additional cost to the Government, shall correct all non-conformances. The Contractor shall use configuration control to manage proposed changes beginning with the submission of the IHPS item(s). Configuration control shall be used to document the impact of proposed changes and to update configuration documentation.

13.1 Identification and Traceability: Reference ISO 9001:2008 Clause 7.5.3 – Identification and Traceability is a requirement under this contract. The contractor shall maintain traceability records for all component parts used to manufacture the end item product. All component parts shall be traceable through to the end item product. Subcontractor's component part information shall enable traceability to the raw materials used in the component part. Records shall be maintained and readily available for government review and audit verification.

CLAUSES INCORPORATED BY REFERENCE

52.223-11 Ozone-Depleting Substances MAY 2001

CLAUSES INCORPORATED BY FULL TEXT

AMCAC 52.0223-4001, OSHA STANDARDS (OCT 1999)

Contractor must comply with all applicable OSHA standards.

Section D - Packaging and Marking

AMCAC 52.0247-4002, MARKING AND CONSIGNMENT INSTRUCTIONS (AUG 1999)

Marking and consignment instructions for military shipments shall conform to the current issue of MIL-STD-129 (Military Standard Marking for Shipment and Storage).

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibility For Supplies APR 1984 52.246-17 Warranty Of Supplies Of A Noncomplex Nature JUN 2003 252.225-7012 Preference For Certain Domestic Commodities JUN 2012 252.246-7000 Material Inspection And Receiving Report MAR 2008

52.246-11 HIGHER-LEVEL CONTRACT QUALITY (FEB 1999)

The Contractor shall comply with the higher-level quality standard selected below. (If more than one standard is listed, the offeror shall indicate its selection by checking the appropriate block.)

ISO 9001:2008 (This is only a reference for the higher quality system equivalent, not a requirement for certification. Contractors do not have to be ISO 9001:2008 certified.)

(End of clause)

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 60 dys. ADC 400 N/A

0002 60 dys. ADC 300 N/A

0003 45 dys. ADC 100 N/A

0004 45 dys. ADC 500 N/A

0005 45 dys. ADC 6,000 N/A

0006 45 dys. ADC 1 N/A

52.211-6 Brand Name or Equal AUG 1999 52.211-9 Alt I Desired And Required Time Of Delivery (Jun 1997) -

Alternate I

APR 1984

52.215-6 Place of Performance OCT 1997 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.246-15 Certificate of Conformance APR 1984 52.246-17 Warranty Of Supplies Of A Noncomplex Nature JUN 2003 52.247-34 F.O.B. Destination NOV 1991 52.247-38 F.o.b. Inland Carrier, Point of Exportation FEB 2006

Section G - Contract Administration Data

AMC LEVEL PROTEST

AMC-LEVEL PROTEST (OCT 2011)

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within twenty (20) working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. If you want to file a protest under the AMC-Level Protest Program, the protest must request resultion under that program and be sent to the addres below. All other agency-level protests should be sent to the contracting officer for resolution.

HQ, Army Materiel Command Office of Command Counsel 4400 Martin Road, Room A6SE040.001 Redstone Arsenal, AL 35898-5000

Facsimile Number: (256)450-8840

Packages sent by FedEx or UPS, or other delivery service should be sent to the same address.

AMC-Level Protest Procedures are located on the internat at http://www.amc.army.mil/pa/COMMANCOUNSEL.asp. If Internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.

252.204-7006 Billing Instructions OCT 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7006 Wide Area WorkFlow Payment Instructions JUN 2012

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H1. CRITICAL SAFETY ITEM DESIGNATION: "Critical Safety Items (CSIs) are parts whose failure would cause loss of life, permanent disability or major injury, loss of a system, or significant equipment damage." The Integrated Head Protection System (IHPS) is considered a Critical Safety Item.

H2. WITHHOLDING OF MATERIAL REVIEW BOARD (MRB) AUTHORITY – CRITICAL SAFETY

ITEMS: The item being acquired is a critical safety item. Material Review Board (MRB) authority is hereby withheld as outlined below.

MRB authority is defined as disposition of nonconforming material whose non-conformance affects adherence to internal specifications or end item requirements. Non-conforming material can be any item, part, supplies, or product containing one or more non-conformities. Any disposition under MRB other than scrap requires government authorization. Government authorization will be on a case by case basis unless so stated, and must come from the Contracting Officer on this contract.

Scrap is when material that is nonconforming to internal specifications or end item requirements is dispositioned not to be reintroduced into any product under DOD contract. Authority to scrap is allowed.

Use-as-is is disposition of material with one or more non-conformances affecting internal specifications or end item requirements to be used for its intended purpose in its existing condition. Authority to use-as-is is withheld without Government authorization.

Repair is a procedure which reduces but not completely eliminates a nonconformance. The characteristic after repair still does not completely allow adherence to internal specifications or end item requirements. Authority to repair is withheld without Government authorization.

Rework is a procedure applied to a nonconformance that will completely eliminate it and result in a characteristic that completely allows adherence to internal specifications and end item requirements. Authority to rework is withheld without Government authorization.

H3. Ballistic Testing Requirements. All ballistic testing for production Lots shall be conducted at Aberdeen Test Center. Copies of all ballistic reports are to be submitted to PM SPIE/SPE for acceptance purposes. Copies are to be submitted to Dr. James Zheng, PM SPIE, james.q.zheng2.civ@mail.mil and Mr. Ian Rozansky, PM SPE, ian.a.rozansky.civ@mail.mil.

Ballistic testing on end items shall be considered acceptance testing. Notify this office ten days prior to any testing in the event the government wants to witness testing. No Lot shall be released from the contractor’s plant prior to receipt of approval of passing test reports by PM SPIE/SPE and acceptance from the appropriate DCMA QAR.

Section I - Contract Clauses

52.202-1 Definitions JAN 2012 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures OCT 2010 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 Central Contractor Registration AUG 2012 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

AUG 2012

52.209-1 Qualification Requirements FEB 1995 52.209-3 Alt I First Article Approval--Contractor Testing (Sep 1989) -

Alternate I

JAN 1997

52.209-4 First Article Approval--Government Testing SEP 1989 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2010

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

MAY 2012

52.211-5 Material Requirements AUG 2000 52.211-15 Defense Priority And Allocation Requirements APR 2008 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

52.215-14 Integrity of Unit Prices OCT 2010 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

JAN 2011

52.219-8 Utilization of Small Business Concerns JAN 2011 52.219-9 Small Business Subcontracting Plan JAN 2011 52.219-28 Post-Award Small Business Program Rerepresentation APR 2012 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies MAR 2012 52.222-20 Walsh-Healey Public Contracts Act OCT 2010 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-27 Affirmative Action Compliance Requirements for

Construction

FEB 1999

52.222-35 Equal Opportunity for Veterans SEP 2010 52.222-36 Affirmative Action For Workers With Disabilities OCT 2010 52.222-37 Employment Reports on Veterans SEP 2010 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons FEB 2009

52.222-54 Employment Eligibility Verification JUL 2012 52.223-6 Drug-Free Workplace MAY 2001 52.223-11 Ozone-Depleting Substances MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-3 Patent Indemnity APR 1984 52.229-3 Federal, State And Local Taxes APR 2003 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I APR 1984 52.232-25 Prompt Payment OCT 2008 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-1 Disputes JUL 2002 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.234-1 Industrial Resources Developed Under Defense Production

Act Title III

DEC 1994

52.242-13 Bankruptcy JUL 1995 52.243-1 Changes--Fixed Price AUG 1987 52.244-6 Subcontracts for Commercial Items DEC 2010 52.246-23 Limitation Of Liability FEB 1997 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

52.249-2 Termination For Convenience Of The Government (Fixed- Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.203-7003 Agency Office of the Inspector General APR 2012 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration Alternate A SEP 2007 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

DEC 2006

252.209-7010 Critical Safety Items AUG 2011 252.211-7003 Item Identification and Valuation JUN 2011 252.211-7006 Passive Radio Frequency Identification SEP 2011 252.215-7000 Pricing Adjustments DEC 1991 252.225-7001 Buy American And Balance Of Payments Program JUN 2012 252.225-7002 Qualifying Country Sources As Subcontractors JUN 2012 252.225-7012 Preference For Certain Domestic Commodities JUN 2012 252.225-7036 Buy American--Free Trade Agreement--Balance of Payments

Program

JUN 2012

252.246-7003 Notification of Potential Safety Issues JAN 2007

Section K - Representations, Certifications and Other Statements of Offerors

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (SEP 2007)

(a) Definitions. As used in this provision--``Lobbying contact'' has the meaning provided at 2 U.S.C. 1602(8). The terms ``agency,'' ``influencing or attempting to influence,'' ``officer or employee of an agency,'' ``person,'' ``reasonable compensation,'' and ``regularly employed'' are defined in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(End of provision)

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

___ TIN:.--------------------------------------------------------

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

___ Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other--------------------------------------------------------

(f) Common parent.

___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

___ Name and TIN of common parent:

Name-------------------------------------------------------------------

TIN--------------------------------------------------------------------

52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999)

(a) Definition. Women-owned business concern, as used in this provision, means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it ( ) is a women-owned business concern.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2012)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is [insert NAICS code].

(2) The small business size standard is [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,494, the provision with its Alternate II applies.

(D) If the acquisition value is $77,494 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran-- Representation and Certification. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

(i) 52.219-22, Small Disadvantaged Business Status.

(A) Basic.

(B) Alternate I.

(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

(iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services–Certification.

(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA– Designated Products (Alternate I only).

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website accessed through https://www.acquisition.gov.

After reviewing the ORCA database information, the offeror verifies by submission of the offer that the…