A07_Amendment_04_W91CRB-16-R-0004_ACH_CONFORM.pdf

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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 98

(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 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

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

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

KELLY L. DOOLITTLE 410-306-1392

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 5

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

6 - 26 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

27 - 28

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 30 - 32 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 33 - 34 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

35 - 58

PART II - CONTRACT CLAUSES

ACC - APG - W91CRB

4310 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

07 Apr 2016

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W91CRB-16-R-0004

Section A - Solicitation/Contract Form

CONTRACT DETAILS

CONTRACT TYPE:

The basic contract is a single-award, firm, fixed price (FFP) indefinite delivery, indefinite quantity (IDIQ)-type contract with an ordering period of five (5) years or sixty (60) months, in accordance with Federal Acquisition Regulations (FAR) 16.503.

CONTRACT MINIMUM:

CLIN 0001 Technical Data Package to be issued under Delivery Order 0001 CLIN 0002 First Article Test Quantities (FAT) to be issued under Delivery Order 0001

CONTRACT MAXIMUM:

a. The Government may place additional delivery orders for up to ninety-eight million dollars ($98,000,000) for Advanced Combat Helmet Generation II (ACH Gen II's) under

CLIN 0003.

b. The Government reserves the right to award only the contract minimum.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Technical Data Package (TDP)

FFP

The TDP shall be submitted within fifteen (15) days after award of Delivery Order 0001 and approved BEFORE the contractor submits the CLIN 0002 FAT delivery items. The contractor shall deliver their TDP in accordance with the Statement of Work (SOW) and Purchase Description (PD).

Contract award is based upon the submitted design, assuming all TDP required information is in place. The 15 day submission requirement is deemed adequate to assemble and submit the TDP and maintain a minimum turnaround time for authorization to submit FAT articles.

FOB: Destination

NET AMT

0002 1 Lot First Article Test (FAT)

FFP

a. First Article Test (FAT) items shall be manufactured and delivered in accordance with the Statement of Work (SOW) and Puchase Description (PD).

b. CLIN 0002 items shall be delivered within forty-five (45) days after contract award of Delivery Order 0001. This delivery due date includes prior approval of the CLIN 0001 Technical Data Package (TDP).

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0003 1 Lot Advanced Combat Helmet Gen II

FFP

Advanced Combat Helmet Generation II (ACH GEN II) shall be manufactured and delivered in accordance with the Statement of Work and Purchase Description.

Delivery terms will be established in each delivery order.

MAX

0004 1 Each Supplier Management Plan (SMP)

FFP

The contractor shall develop and maintain a Subcontractor and Supplier Management Plan (SMP) IAW SOW C.3.8.3 The SMP shall be submitted ten (10) days after contract award. Copies shall be submitted via electronic format to PM SPE Quality Assurance, the KO, and appropriate DCMA office. ** NOT

SEPERATELY PRICED **

0005 1 Each Production Process Package (PPP)

FFP

A PPP shall be prepared by the Contractor, validated by DCMA, and submitted for Government acceptance.

The PPP submission shall be prepared in conjuction with First Article build, and is required ten (10) days after FAT submission (based on DCMA signed date on

DD1222) IAW SOW C.3.8.5

Copies shall be submitted via electronic format to PM SPE Quality Assurance, the KO, and appropriate DCMA office.

** NOT SEPERATELY PRICED **

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

FOR THE

ADVANCED COMBAT HELMET GEN II (ACH GEN II)

PREPARED BY

THE

PRODUCT MANAGER SOLDIER PROTECTIVE EQUIPMENT (PM SPE) TEAM

C.1.1 Background. This document covers the work to be performed by the Contractor selected to manufacture the Advanced Combat Helmet Generation II (ACH Gen II), a protective helmet consisting of a shell, a suspension system, and a retention system. The ACH Gen II is a Critical Safety Item (CSI). The ACH is the primary head protection system for the Soldier. The ACH Gen II is the Army’s future solution for a lighter weight helmet modernized through technology refreshment. The principle components of the ACH are a base shell, a retention system, and a suspension system. The standard dismounted Soldier configuration also includes a Night Vision Device (NVD) mounting bracket, a helmet cover, and a ballistic nape pad. The ACH provides protection from several common modes of battlefield injury including projectile penetration and blunt force trauma. ACH projectile penetration resistance includes combat-demonstrated protection from the most prevalent conventional fragmenting munitions and improvised explosive devices. The ACH also provides verified protection from the most widely proliferated service handguns in the world. Blunt force trauma protection includes the ability to attenuate the acceleration response of a Soldier's head to less than 150 g (where g is the constant rate of acceleration due to earth's gravity at sea level). Complete requirements and verifications are detailed in ACH Gen II Purchase Description (PD) AR/PD 14-01. The maximum allowed ACH Gen II weight by size is: 2.499 lbs (small), 2.601 lbs (medium), 2.814 lbs (large), and 3.298 lbs (extra-large). This weight includes all principle helmet components as defined above. Helmet weights documented in the winning vendor proposal shall not be exceeded by First Article Test (FAT) samples or final production helmets. The ACH Gen II will be the replacement for the legacy ACH and Lightweight ACH (LW ACH) on a one for one basis through sustainment. As a legacy ACH or LW ACH is determined to be unserviceable, it will be replaced with an ACH Gen II. The Defense Logistics Agency (DLA) Troop Support is the purchasing organization for Army sustainment helmets and will be responsible for purchasing the production ACH Gen II.

C.1.2 Scope. The Contractor shall provide all the personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items or non-personal services necessary to deliver the ACH Gen II as defined in this Statement of Work (SOW). The primary objective is to produce an ACH Gen II helmet that weighs at least 15% less than the legacy ACH, while maintaining the ballistic capabilities and the same internal geometries of the legacy ACH helmet. The Army's current 7-Pad Suspension System and current Improved Retention System (IRS) shall be acquired from the traditional Government-mandated sources.

C.2.0 Applicable Documents.

C.2.1 Department of Defense Specifications.

AR/PD 14-01, ACH Gen II, Date 31 March 2016. (See C.3.13 Attachment/Attachment 1)

C.2.2 Military Standards and Specifications - Mandatory Compliance.

MIL-STD-129R Military Marking for Shipment and Storage MIL-STD-130N Change 1, Identification Marking of U.S. Military Property MIL-STD-882E Standard Practice for System Safety

C.2.3 Federal Standard - Mandatory.

FED-STD-313E Material Safety Data, Transportation Data and Disposal Data for Hazardous Materials Furnished to Government Activities

C.2.4 Handbooks - Guidance Only.

MIL-HDBK-61A Configuration Management Guidance MIL-STD-3018(2), Parts Management

C.2.5 Non-Government Documents.

ASME Y14.34 Associated Lists ASME Y14.100 Engineering Drawing Practices (Copies of ASME documents are available from www.asme.org or American Society of Mechanical Engineers Information Central Orders/Inquiries, P.O. Box 2300, Fairfield, NJ 07007-2300.)

ASTM D3951 Standard Practice for Commercial Packaging ASTM D4169-14 Standard Practice for Performance Testing of Shipping Containers and Systems (Copies of ASTM documents are available from www.astm.org or American Society for Testing and Materials International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.)

EIA-649 National Consensus Standard for Configuration Management (Copies of EIA documents are available from www.eia.org or Electronic Industries Alliance Corporate Engineering Department, 2500 Wilson Boulevard, Arlington, VA, 22201.)

NAS 411 Hazardous Materials Management Program (Copies of NAS 411 are available from www.aia-aerospace.org or Aerospace Industries Association of America, 1250 Eye Street, NW, Suite 1200, Washington, DC 20005-3924.)

C.3.0 Requirements. The Contractor, as an independent contractor and not as an agent of the Government, shall furnish the necessary resources (except those specifically designated as Government-furnished) to perform the following work. The work consists of three (3) phases which are described in SOW Figure 1.

C.3.1 Phase 2: First Article submission and Production Qualification.

C.3.1.1 The second phase will begin upon contract award. Phase 2 of the contract shall consist of the award the first Delivery Order for the Technical Data Package (TDP) and FAT items, which will satisfy the contract minimum. The completion of FAT is estimated to be sixty (60) days after FAT article submission by the Contractor.

C.3.1.2 FAT Dry Layup. Prior to FAT submittal, the Contractor shall provide a Dry Layup to the Government, no later than (NLT) fifteen (15) days after contract award (ACA). The FAT Dry Layup for each helmet design shall be in accordance with (IAW) paragraph C.3.1.2.1 and shall consist of the items in AR/PD 14-01, Appendix A, Section 4.

C.3.1.2.1 In accordance with Table I, the Contractor shall submit to the Government, a molded shell of each size, an assembled dry layup of each size and a finished helmet of each size representative of the design. The four (4) finished helmets shall include the suspension system and retention system. The four (4) finished helmets shall be Type II, ACH Gen II (i.e. contains one hole for Night Vision Goggle Mount and holes for retention system) unless otherwise specified.

C.3.1.2.2 The Contractor shall not submit their items for FAT until approval by the Government of the FAT Dry Layups, the Production Process Package (PPP), and the Supplier Management Plan (SMP) is received. Additionally, the contractor shall receive written authorization for FAT submittal from the Contracting Officer (KO). Any changes to the FAT Dry Layups or helmet manufacturing process shall require re-approval in accordance with the contract.

RFP

Contractors Submit Source

Selection Samples (NIJ

Testing & PM SPE Review)

Contractors Submit Proposals with NIJ Reports

SSEB: Technical Evaluation

Single Contract Award

Phase 1: RFP

Production Readiness Review

Qualification Letter

Production Delivery Orders exercised based on need (DLA)

LAT & Production Deliveries

Phase 3 Payments (DLA)

Phase 3: Production

Delivery Order 01: CLINs 0001 (TDP) and 0002

(FAT)

FAT Dry Lay‐up and QMS

Documentation delivery (SMP, PPP)

FAT Delivery & Testing (at ATC)

Ballistic & Non‐ Ballistic Testing

ATC Reports on

FAT

Phase 2: FAT

FAT Approval Letters

Figure 1. ACH GEN II Work Requirements Flow Chart

C.3.1.2.3 The Government will treat all information provided as Proprietary

Information and deem it close hold with restricted access. This information is required by the Government in order to baseline and maintain configuration management of each helmet design submitted for FAT.

C.3.1.3 First Article Delivery. The Contractor shall deliver First Article items IAW Table I. Table I includes test contingency quantities. FAT shall be conducted at Aberdeen Test Center (ATC) and the initial FAT test will be paid for by the Government. If a Contractor fails initial FAT testing, the Contractor may pay for additional FATs, following appropriate corrective actions to remedy the initial FAT failure(s), and at Government discretion.

Table I. FAT Quantities to be Delivered

ACH Gen II Size

ACH

Gen II

Quantity Description Purpose Delivery

Small Medium

Large X-Large

1 of each size

(4 total)

Unfinished Shell: The unfinished dry layup shall consist of an unfinished shell that includes the raw shell only, (no primer, paint [coating], texturing aggregate, edging, edging adhesive to hold the ending on and any fastener tape (also referred to as loop tape) used in the outer assembly.

Dry Lay Up

NLT

DAYS

after contract award

Small Medium

Large X-Large

1 of each size

(4 total)

Assembled Dry Layup Sample: The assembled dry layup sample consists of the number of layers (in the correct orientation required to build a shell prior to the molding process. In addition, the Contractor shall provide a technical data package detailing the dry layup assembly of the ACH Gen II shell. The dry layup package shall consist of the product/material data sheets, design nomenclature, drawing/pattern, material configuration (types of materials used, build sheet/cut patterns, orientation/sequence of layers of the design).

Dry Lay Up

NLT

15 Days after contract award

Small Medium

Large X-Large

6 of each size

(24 total)

Finished Helmet: The finished ACH Gen II helmet shall consist of an ACH Gen II finished helmet including hook disks, a complete pad set, and a complete retention system.

Dry Lay Up

NLT

15 days after contract award

Small 66

Finished Helmet: The finished ACH Gen II helmets shall consist of an ACH Gen II finished helmet including hook disks, a complete pad set, and a complete retention system.

FAT

NLT

45 days after contract award

Medium 79

Finished Helmet: The finished ACH Gen II helmets shall consist of an ACH Gen II finished helmet including hook disks, a complete pad set, and a complete retention system.

FAT

NLT

45 Days after contract award

Large 69

Finished Helmet: The finished ACH Gen II helmets shall consist of an ACH Gen II finished helmet including hook disks, a complete pad set, and a complete retention system.

FAT

NLT

45 Days after contract award

X-Large 66

Finished Helmet: The finished ACH Gen II helmets shall consist of an ACH Gen II finished helmet including hook disks, a complete pad set, and a complete retention system.

FAT

NLT

45 Days after contract award

Small Medium

Large X-Large

1 of each size

(4 total)

Unfinished Shell: The unfinished shells include the raw shell only with no primer, paint [coating], texturing aggregate, edging, edging adhesive to hold the ending on or hook disks.

Unfinished shells must include raised benchmarks.

FAT

NLT

45 Days after contract award

Small Medium

Large X-Large

6 of each size

(24 total)

Finished Shell without hook tape: The ACH Gen II finished shells shall include the shell, any primer, coating, and texturing aggregate, all necessary attachment holes, any edging, and adhesive to hold the edging on.

FAT

NLT

45 Days after contract award

N/A 5 yard

Length of Retention System Webbing (for Outer Helmet Assembly): The retention system webbing shall include five (5) yards of webbing that is used for the attachment straps that are part of the outer assembly.

FAT

NLT45

Days after contract award

N/A 5 yard

Length of Suspension System Pad Inner Material: The suspension system material shall include five (5) yards of material that is used for the suspension system pad inner construction

FAT

NLT45

Days after contract award

N/A 5 yard

Length of Suspension System Pad Outer Material: The suspension system material shall include five (5) yards of material that is used for the suspension system pad outer construction.

FAT

NLT45

Days after

N/A 1 spool

Each type of thread (if more than 1 type of thread is used): The spool/spools of thread shall be the thread that is used for the construction of the attachment straps that are part of the outer assembly.

FAT

NLT

45 Days after

C.3.1.3.1 Address for FAT and Lot Acceptance Test (LAT) submission. Samples shall be delivered to Peckham for accountability. The Government will ship the samples from Peckham to ATC for testing. Samples selected by the Government shall be submitted with a DD 1222 for evaluation to the address in Table II:

Table II. Peckham Contact Information

PECKHAM CONTACT INFORMATION

DODACC: W912H7

Peckham Vocational Industries, Inc.

7100 Millet Highway Lansing, MI 48917

POC Jim Gustafson 517-316-4072

C.3.1.4 FAT evaluation testing will be conducted at ATC, unless unilaterally decided by the Government, that an alternative third party certified test lab site is acceptable. If the Government decision is made to utilize an alternative third party certified test lab site, the FAT will be outsourced and managed by ATC. The FAT test articles shall successfully meet all of the requirements in AR/PD 14-01 in order to be issued a FAT approval letter. A FAT approval letter shall be required in order to receive delivery orders for production quantities.

C.3.1.4.1 If FAT test data shows a statistically significant difference in V50 (Ballistic Limit) performance by size, threat (per AR/PD 14-01), environmental condition, or combination thereof, the Government will conduct additional V50 testing for those untested conditions identified. Testing will not exceed one V50 test per helmet size for all three variables. See FAT test matrix in AR/PD 14-01 for detailed variable descriptions.

C.3.1.4.2 If the Contractor fails initial FAT testing, the Contractor may pay for additional FATs following appropriate corrective actions to remedy initial FAT failure(s), and at Government discretion. Should the Contractor pass one of the FAT attempts, they can then qualify for production delivery orders under the indefinite delivery indefinite quantity (IDIQ) contract.

C.3.1.4.3 The weight requirement for FAT shall be the weights for each size proposed by the Contractor during Phase 1. Upon contract award, the proposed weights shall be incorporated into AR/PD 14-01 as the continuing weight requirement.

C.3.2 Phase 3: Production. All ACH Gen II production helmets delivered under Phase 3 shall be produced using the same PPP and SMP procedures used in Phase 2 and shall comply with this contract and AR/PD 14-01. Lot Acceptance Testing by ATC or a Government chosen independent contractor will be required for each lot delivered per AR/PD 14-01.

C.3.2.1 Phase 3 Qualification criteria. Qualification for Phase 3 will require receipt of KO approval letter for FAT, PPP, SMP and a successful Production Readiness Review (PRR) that confirms a Manufacturing Readiness Level (MRL) 8 - Pilot Line Demonstrated;

ready to begin Low Rate Initial Production (LRIP). The PRR is to be conducted fifteen (15) days after FAT approval (AFATA) and KO notifications of SMP, PPP, PRR, and FAT.

Approval is estimated to be ten (10) days after PRR completion.

C.3.2.2 Production Helmets. Production helmets shall be delivered with the suspension system and retention system, installed.

C.3.3 System Engineering.

C.3.3.1 Contractor’s Configuration Management Program. All items delivered under Phase 1, Phase 2 and Phase 3 IDIQ quantities are subject to configuration management. The Contractor shall establish a configuration management program for ACH Gen II program that addresses all new or modified hardware 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 FAT item(s). Configuration control shall be used to document the impact of proposed changes and to update configuration documentation.

Following acceptance of the First Article Unit(s), the Contractor shall not alter the design in form, fit, or function without prior approval from the KO.

C.3.3.2 Configuration Status Accounting (CSA). All baselines, Engineering Change Proposals (ECPs), deviations and waivers shall be documented in the Contractor’s configuration status accounting database.

C.3.3.3 Engineering Change Request (ECR). The Contractor shall prepare

ECRs for any process or product changes proposed after FAT and PPP approval and submit them to the Government for concurrence. ECR submissions shall be submitted on PM SPE Form 1 (see Attachment 6). The Government will approve or disapprove a submitted ECR with any modifications to the agreed to product or process; the Contractor shall not implement any changes nor make modifications prior to Government approval of the ECR. The Government will determine the need for a new FAT based upon the proposed changes. Cost for a new FAT shall be borne by the Contractor.

C.3.3.4 Identification and Traceability. Reference ISO 9001:2008 Clause

7.5.3 – Identification and Traceability is a requirement under this contract. Lot numbering is applicable. The Contractor shall maintain traceability records for all component parts used to manufacture the ACH Gen II. All component parts lot identification shall be traceable through

ACH Gen II’s lot number and contract number. Subcontractor's component part lot information shall enable traceability to the raw materials used in the component part. Each ACH Gen II lot shall consist of only one product variant (i.e. only one size and one color). A lot can be made from multiple lots of ballistic material, where a lot of ballistic material is defined as an individual roll of ballistic material. However, in the case where any additional ballistic material that is left over from the production run, that material may only be used in the next consecutive ACH Gen II lot. Records shall be maintained and readily available for Government review and audit verification. For helmets identified with individual serial numbers, the traceability requirements listed above shall be traceable via the individual serial number. Every ACH Gen II shall be durably marked in such a fashion as to be traceable from production through to the ballistic test records for that lot. The Contractor shall ensure that the serial number is as specified in the

AR/PD 14-01.

C.3.3.5 Backward Compatibility. The ACH Gen II suspension and helmet retention systems shall be the Pad Set, Suspension, ACH (NSN 8470-01-546-9420) and Improved Helmet, Nape Retention System (NSN 8470-01-599-3851 (S-XL), NSN 8470-01-599- 3839 (XS), NSN 8470-01-644-2149 (Left Handed S-XL)). Both will be obtained through the National Industries for the Blind. The helmet systems shall also use the same hardware, NVD brackets and helmet covers as provided for the current ACH.

C.3.4 Security Requirements.

C.3.4.1 The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for Contractor use.

C.3.4.3 Neither the Contractor nor any of its Subcontractors shall disclose or cause to disseminate any information concerning operations of military activities or sensitive performance requirements. Such action(s) could result in violation of the contract and possible legal actions.

C.3.4.4 All inquiries, comments or complaints arising from any matter observed, experienced, or learned as a result of or in connection with the performance of this contract, the resolution of which may require the dissemination of official information, shall be directed to the Contracting Officer Representative (COR) and the KO.

C.3.4.5 The Contractor shall only conduct business with designated

Government personnel listed as Points of Contacts (POCs). Names of POCs shall be provided to the Contractor by the Government, in writing, and updated as necessary throughout the contract period.

C.3.4.6 The Contractor shall maintain U.S. Government records, copies of original results, copies of original reports, verified original data, corrected data, and corrected supporting final reports, but the U.S. Government retains ownership of these materials. These files and results must be surrendered to the COR when requested.

C.3.5 Packaging. The Contractor shall be responsible for preservation and packaging of the deliverables under the terms of this statement of work. If the Delivery Order requires different packaging, packing, and/or shipping instructions, the specific instructions will be detailed as part of the Delivery Order.

C.3.5.1 Preservation and Packing Instructions: Items scheduled for domestic shipment for immediate use shall be Preserved and Packaged (P&P’d) in accordance with the best commercial practices of ASTM D3951. Items scheduled for overseas shipment for immediate use shall be P&P’d in accordance with the best commercial practices of ASTM D3951, Export Requirements. Spare or repairable components, not declared to be Electrostatic Sensitive Devices (ESD) shall be P&P’d in accordance with the best commercial practices of ASTM D3951. At a minimum, the exterior container shall be ASTM-D5118 type CF, class domestic, and double wall corrugated fiberboard box. All packing and preservation methods for the item being purchased shall be presented by the supplier to the Government at the Post Award Conference (PAC).

C.3.5.2 Pallet / Skid Instructions: All items shall be delivered on a standard 48" Wide x 40" Deep pallets, with 1” overhang per edge maximum. The pallet and packages shall not exceed 54” in overall height. A pallet may contain multiple National Stock Numbers (NSNs). Each NSN must be boxed or wrapped separately, clearly identified, and labeled on the pallet.

C.3.5.3 Shipment Packing List: The packing list (DD 250) shall contain at a minimum the following information:

1) Vendor Name

2) Vendor Address

3) List the Program Office and Contract (i.e.: PM SCIE - ECWCS).

4) CAGE Code

5) Contract Number

6) Nomenclature, NSN (or MCN as applicable)

7) Total Quantity

8) Quantity by Item

9) Price

10) Shipment / Production Lot Number Made Against the Contract.

11) Assurances that the DD 250 Product Description Matches the Contract Description

C.3.5.4 Marking and consignment instructions for military shipments shall conform to the current issue of MIL-STD-129 (Military Standard Marking for Shipment and Storage).

C.3.5.5 Passive Radio Frequency Identification (RFID), Advance Shipment Notices (ASN), Electronic Data Interchange (EDI). The Contractor shall affix passive RFID tags to the material to be in accordance with the “United States Department of Defense Suppliers’ Passive RFID Information Guide” Latest Version (version 10 and higher).

ASN notification shall be via Wide Area Work Flow (WAWF) and direct EDI transmittal. The requirements and communication instructions for the direct transmittal shall be presented by the Government at the PAC.

C.3.5.6 Shipping Discrepancy Instructions. When a shipping discrepancy is denoted by the receiving location, their representative shall contact the shipping locations point of contact with the information and request remedial action. The COR and Assistant Project Manager (APM) shall also be notified.

C.3.5.6.1 The KO will identify to the Contractor the title of the receiving location contact and the Contractor shall identify the shipping or WAWF employees that shall be contacted to remedy the issue. If a discrepancy has been found the receiving location shall report the issue to the Contractor’s shipping or WAWF employee designate within five (5) business days.

C.3.5.6.2 The Contractor shall have ten (10) business days to rectify the issues before a formal non-conformance notice is issued. If no noticeable action is being taken by the vendor, the KO or COR will be notified of the Contractor’s non- compliance.

C.3.6 Testing. First Article Test and Production Lot Acceptance Testing

(LAT).

C.3.6.1 FAT, LAT, and conformance inspections shall be conducted per the contract, AR/PD 14-01, and Contractor’s internal requirements. Tests, inspections, and procedures used are subject to Government review and approval. The Contractor shall provide test data, traceability to materials, and procedures that verify the outcome contained in all Certificate of Conformance’s (CoC). The Contractor shall produce all products in accordance with an approved FAT and PPP. The Government reserves the right to suspend or revoke production authorization for non-compliance with this requirement for FAT or LAT.

C.3.6.2 Accounting For Items Consumed in Testing. Accounting For Items

Consumed in Testing. The Contractor shall pay for the transportation and the ACH Gen II articles consumed, expended, or otherwise rendered unusable as a result of testing. The Contractor will pay for the actual testing whether conducted at Aberdeen Test Center or a third party certified testing facility. In the event of a lot failure, the Contractor shall pay for any costs related to failed lots, including test items, test costs and shipping costs. ACH Gen II articles consumed during the conduct of LAT will not be included as part of deliverable quantities stated in this contract.

C.3.6.3 The Contractor shall pay for the transportation and the ACH Gen II articles consumed, expended, or otherwise rendered unusable as a result of testing. In the event of a lot failure, the Contractor shall pay for any costs related to failed lots, including test items, test costs and shipping costs.

ACH Gen II articles consumed during the conduct of LAT will not be included as part of deliverable quantities stated in this contract.

C.3.6.4 Corrective Action Report (CAR). When required, the Contractor shall conduct initial failure analysis and provide a CAR response to the KO, Defense Contract Management Agency (DCMA) (Quality Assurance Representative (QAR) and Administrative Contracting Officer), and PM SPE in accordance with Exhibit 3. The Contractor shall submit the final CAR response within fifteen (15) business days of the Government request unless the Contractor requests an extension from DCMA. Upon receipt of the CAR, the KO will determine whether to approve the CAR within thirty (30) working days from receipt.

C.3.6.5 The Contractor shall include all salient information for failure analysis (i.e. detailed failure analysis methodology, testing, identify the root cause, corrective action plan and validation plan, etc.) to assess the effectiveness of the corrective action and proposed disposition of the failed helmet and lot, and containment actions. The Contractor shall include in the CAR documented evidence that rejected helmets are not sold to other USA Military Services, General Services Administration (GSA) and other venues in which Soldiers/Units may buy replacements using individual or unit funds. CAR procedures and delivery timeline are outlined in Exhibit 3.

C.3.7 Manufacturing. FAT and Production. The Contractor that is selected to receive the contract shall successfully pass the FAT and receive a FAT approval notice in accordance with AR/PD 14-01. They will then be qualified to receive future production quantity options. The Contractor shall supply the total quantity of helmets as described in the subsequent delivery order and shall undergo LAT in accordance with AR/PD 14-01. The minimum order quantity is the quantity for FAT items. The maximum ordering cost will be $98,000,000. The quantity of ACH Gen II production units will be price dependent.

C.3.7.1 In order for the FAT Approval to remain in effect, there shall be no cessation of production in excess of one hundred and eighty (180) days.

This time period will be calculated from the signing of the FAT DD 1222 or latest Government lot acceptance till the date of the proposed new production run. Time delays due to Government actions or lack thereof will not be included in the calculation (i.e. lack of delivery orders, etc.).

The Contractor shall pay all expenses associated with any additional FATs required under the one hundred eighty (180) day rule.

C.3.7.2 A production authorization remains in effect and acceptance may continue unless:

C.3.7.2.1 The Contractor fails any single LAT. The KO will notify Defense Contract

Management Agency (DCMA) that acceptance shall be withheld after a LAT failure.

The Contractor shall segregate the material of the lot in question from all other production lots in process, conduct a failure analysis, and provide a CAR response to the KO, DCMA and the COR in accordance with Exhibit 3. The KO will determine within thirty (30) working days of receipt of the final CAR response if it is technically acceptable. If not found to be technically acceptable, the Contractor will be notified by the KO to resubmit the CAR response. The KO will notify the Contractor of Government acceptance of the CAR and if production under a previously approved FAT configuration may resume or if the Contractor must conduct a new FAT. If a new FAT is required, the Contractor shall submit the required samples for testing (at the Contractor’s expense), as directed by the KO, for the issuance of a new FAT Approval Letter. Schedule delays as a result of product failure to fully satisfy the Government's requirements as documented in the KO's correspondence, with the Contractor, is the responsibility of the Contractor. Cost to retest FAT products will be borne by the Contractor. The Government may request appropriate consideration for delays or failure to deliver product due to Lot Acceptance Test (LAT) failure.

C.3.7.2.2 When a lot fails LAT and is rejected, that lot is rejected in total and no component parts may be used in the production of any other lot, or any other Government contract without written Government authorization. Failed lots shall not be delivered and products failed shall not be commingled with other lots. The Government shall have the right to revoke acceptance of any items that may contain the root cause failure mode, and to require the Contractor to replace all affected units at the Contractor’s expense, including transportation costs. Failures occurring during Government testing are also subject to this requirement.

C.3.7.2.3 The Contractor fails LAT requirements on two (2) consecutive lots.

Consecutive lots are defined by production dates and not testing dates. Should this occur, the Government will withhold acceptance and may immediately cease all production (Stop Acceptance) from the Contractor. The Contractor shall segregate the material of the lot in question from all other ongoing production lots, conduct an analysis, and submit a CAR to the KO, DCMA, and the COR within fifteen (15) working days after notification of failure. The CAR and subsequent Government decision shall follow the same provisions outlined in the section above; see Exhibit 3 for detail submission timeline.

C.3.7.2.4 Pattern of Negative Trending or Failure (outside of the two (2) failed consecutive lots rule stated above). This could include statistically significant shifts in performance, i.e. degradation. Should this occur, the Government will withhold acceptance and may immediately cease all production (Stop Acceptance) from the Contractor. The Contractor shall segregate the material of the lots in question from all other ongoing production lots, conduct an analysis, and submit a CAR to the KO, DCMA and the COR NLT fifteen (15) working days after notification of failure.

The CAR and subsequent Government decision shall follow the same provisions outlined in section above. Schedule delays due to the provisions of a pattern of negative trending or failure are the sole liability of the Contractor. The Government may request appropriate consideration for delays or failure to deliver product due to LAT failure.

C.3.7.2.5 Contractor out of Production with an Approved First Article Design (for more than a period of 180 consecutive days). Production is defined as the complete activation for all manufacturing sequential operations and processes established and approved during FAT to produce the ACH Gen II; or components assembled to make the finished ACH Gen II covered by this contract (purchasing, manufacturing, personnel). If a Contractor with an approved design is out of production for 180 days with no substantial activation of the production line (for more than one lot as defined in AR/PD 14-01), FAT approval shall be automatically revoked. When multiple designs have been approved over the course of the contract, each design production time shall be self-contained. Non-production under this stipulation shall result in automatic revocation of the FAT approval.

C.3.8 Quality. The Contractor and their subcontractors shall have a Quality

Management System (QMS) that complies with FAR Clause 52.246.11 Higher Level Contract Quality (with ISO 9001:2008 designated as the higher standard). The Contractor shall establish, document, implement and maintain a QMS in accordance with the requirements of ISO 9001:2008. The Contractor shall maintain a calibration system in accordance with ANSI/NCSL Z540.3-2006 or equivalent to ensure that all test or inspection, measurement, and diagnostic equipment (including all accessories and ancillary equipment) are properly calibrated, identified, labeled appropriately and traceable to national measurement standards.

C.3.8.1 Quality Audits. The Government reserves the right to audit the Contractor’s QMS for all products and processes related to the contract, at any stage of contract performance. These audits may be of the QMS, a particular process, or the product.

C.3.8.2 Quality Manual (QM). The Contractor shall establish and maintain a

QM that is compliant with the requirements of ISO 9001:2008.

C.3.8.3 Subcontractor and Supplier Management. The Contractor shall ensure that all procedures and policies for managing Subcontractor and Supplier quality are documented. The Contractor shall develop and maintain a Supplier Management Plan (SMP). The SMP shall identify processes for selecting, qualifying and managing Subcontractors and Suppliers, managing product and processes, flowing applicable requirements to Subcontractors and Suppliers, assessing Subcontractor and Suppliers capabilities, verifying compliance of Subcontractors and Suppliers and establishing metrics for continuously monitoring and rating supplier performance. The SMP shall identify subassembly manufacturing or processes performed by all subcontractors/suppliers; the Contractor shall maintain a list of qualified Subcontractor/Suppliers and their current rating. The Supplier Rating System shall be delivered in accordance with Section L. The SMP shall address product acceptance for

Suppliers and emphasis shall be placed on product verification at the Supplier level in order to identify and correct defects at the earliest point of inspection and test. The Contractor shall identify key features, characteristics and performance requirements that shall be verified at the component acceptance test level. The Contractor shall develop a flow chart showing the supply chain for the item being manufactured.

Manufacturers and suppliers of all components/assemblies shall be specifically identified on the flow chart. The flow chart and Supplier Rating System shall be delivered in accordance with Section L. The Contractor shall be responsible for work performed by their Subcontractors and Suppliers including any inspections and tests. The Contractor shall ensure that all applicable quality requirements, associated specifications, and all contractual requirements applicable to the component or materials, and spare parts are conveyed contractually to their Subcontractors and Suppliers, and that compliance is verified for the period of performance of the contract. The Contractor shall allow the KO or their authorized representative(s) to enter the Contractor’s or any Subcontractor and Supplier facility for the purpose of audits, production surveillance/verification, and observation during contract performance.

The Contractor shall maintain documented evidence that the Subcontractors and Suppliers meet all criteria related to the contract’s materials and processes, including an ISO 9001:2008 compliant QMS.

C.3.8.4 Contractor’s use of Mandatory Sources of Supply. The contractor shall use mandatory sources of supply for the suspension and retention systems. The suspension system to be used shall be the Army’s seven (7) pad suspension system used in the legacy ACH system and the retention system shall be the improved retention system (IRS). They will be obtained through the National Industries for the Blind. The helmet systems will also use the same bolts, NVD brackets and helmet covers for the current ACH. The Contractor shall be responsible to contact the representative below for pricing information under this SOW:

Joseph Speight (National Industries for the Blind) 1310 Braddock Place Alexandria, VA 22314-1691 Telephone: 703-310-0319 E-Mail: Jspeight@nib.org

C.3.8.5 Production Process Package. A PPP shall be prepared by the Contractor, validated by DCMA, and submitted for Government acceptance. The PPP submission shall be prepared in conjunction with the First Article build, and is required ten (10) working days prior to FAT submission (based on DCMA signed date on DD 1222). Copies will be submitted to PM SPE Quality Assurance, the Contracting Officer, and appropriate DCMA office. The PPP must be accepted by the KO prior to issuance of the FAT Approval Letter. The PPP must be submitted in electronic format. All internal documentation must state the controlled document revision used for the PPP under consideration. The PPP is design specific, the Contractor shall ensure that the information submitted in the PPP represents all design variants and is clear and identified by size or design type (direction of material, changes in material processing and coating process, design type (protection level, etc.). The KO shall provide written approval notification no later than thirty (30) working days from receipt of the technically acceptable PPP. If the PPP is determined to be technically insufficient, the Contractor shall resubmit the corrected PPP within ten (10) working day of notification from the Government.

C.3.8.5.1 The PPP shall include detailed product information, to include:

Section 1

1) Company name

2) Contract Number

3) Approval Authority

4) Approval Date

5) Design designation (per design)

6) Product description (per design)

Section 2

7) FAT component material test data and certifications (to include Berry Amendment compliance certification for all applicable materials); all test report shall identify the Investigators/Title and approval authority for the test. All test report submitted as part of the PPP shall, at a minimum, contain the following information: test report number, test date, the material tested, Lot number, Customer name, Customer P.O. Number, BOM (with appropriate identification number), Government Contract Number, test standard, quantity, requirement for acceptance, test performance value, pass or fail results, date report was approved, the investigator (name and signature) and test report approval authority (name, title and signature).

The laboratory name, laboratory certification information and location shall be identified on all reports. The Contractor shall submit test reports for the specific product/design configuration submitted and approved by the Government; test report shall not be older than 180 days. The Contractor shall verify and validate all sizes of the ACH Gen II design to AR/PD 14-01 requirements. The Contractor shall include all product verification data with the PPP.

Section 3

8) All work instructions shall be provided and referenced in either the Process Flow Chart or Process Control Plan (Exhibit 4, PM SPE Form 15).

Section 4 The PPP shall also include detailed process information, to include at a minimum:

9) Process Flow Chart (to include all steps, critical inspection points and sequence in the manufacturing process)

10) Process Control Plan, to follow steps in process flow chart, including:

a) Process/operation number and description

b) Machinery/equipment/tools

c) Product/process characteristic to be controlled

d) Specification/tolerances

e) Reference drawing/criteria

f) Evaluation/measurement method

g) Sample size and frequency

h) Control method

i) Reaction plan

Section 5 Technical Data Package (TDP) for all design variants, to include the following as a minimum:

11) Product/Material Safety Data Sheets

12) Design nomenclature

13) Drawing/Pattern by size

14) Material configuration by size:

a) Type of materials used

b) Build Sheet/Cut Patterns

c) Dry layup and assembly

d) Orientation/sequence of layers of the design

15) Standard Temperature and Pressure Range, and Time for Processing

16) The Government will treat all information provided as Proprietary and deem it close hold with restricted access. This information is required by the Government in order to baseline and to maintain configuration management of the submitted design. The Contractor shall disclose any remaining proprietary materials or sole source materials to enable the Government to maintain effective life-cycle planning. Any changes to the TDP or manufacturing process shall be in compliance with the change process defined in section 2 (Configuration Management).

C.3.8.6 Production Readiness Review (PRR). The PRR shall be conducted within fifteen (15) calendar days after receipt of final FAT and Inspection Report, and Government approval of FAT. The purpose of this review will be to verify that the Contractor is ready to enter into full-scale production. It will ensure that all lessons learned during FAT have been incorporated into the design and technical data. During the PRR the Contractor shall demonstrate their production readiness, and documentation readiness level. The Contractor shall present internal audit records of their QMS, Configuration Management System, Internal Audits of their Subcontractor and their readiness level for production. The Government will provide written approval or disapproval for movement into production ten (10) calendar days after PRR. The Contractor shall not proceed to full rate production until written approval from the Government declaring passing results. Government will be responsible for agenda (see Exhibit 1) and minutes.

C.3.8.6.1 The Review shall address the following:

a) Adequacy and stability of the supply chain during the period of performance of the contract

b) Program is properly staffed with qualified production, quality (engineers and inspectors), and manufacturing personnel

c) Product acceptance system, including acceptance test procedures and associated equipment, has been validated and put under configuration control

d) Production facilities are ready and required personnel are trained

e) Delivery schedule is executable (technical/cost risks, long lead items)

f) Diminishing Manufacturing Sources and Material Shortages plan is in place and mitigates the risk of obsolescence during production.

g) Drawing/pattern and manufacturing work instructions are ready, validated and released to the appropriate Subcontractor and Supplier; certification that all documentation are under Configuration Control and available for Government inspection/verification.

C.3.8.6.2 Prior to the PRR, the Contractor shall conduct Configuration Management audits (functional configuration audit and physical configuration audit); the Contractor shall ensure that all internal audits and the final product baselines are completed.

C.3.8.7 Limited Life Materials. The Contractor shall ensure that shelf life, cure date, date of manufacture, and expiration date are provided to the Government for all limited life…