B08_Amendment_0016_W91CRB-16-R-0010.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Vital Torso Protection - Full Rate Production

Request for Proposals

Amendment 0016 - See Continuation Page

1. CONTRACT ID CODE PAGE OF PAGES

U 1 22

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 17-Jan-2019

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W91CRB-16-R-0010

X 9B. DATED (SEE ITEM 11)

05-May-2017

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

14-Jan-2019

CODE

ACC - APG - W91CRB

BLDG 4310

6515 INTEGRITY COURT

ABERDEEN PROVING GROUND MD 21005-3013

W91CRB 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W91CRB-16-R-0010

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

AMENDMENT 0016

Amendment 0016 – Request for XSBI Proposals: The purpose of this modification is to extend the response deadline for the X-Side Ballistic Insert (XSBI) plate variant portion of the RFP and incorporate the following changes:

1. Amendment 0015 was issued for administrative purposes only to allow for the creation of multiple awards in the contract writing systems. Amendment 0015 had no effect on the terms and conditions of the RFP and was not posted to FBO.

2. Section A – Solicitation Form – The response deadline for XSBI proposals has been extended from 7

February 2019 (per Amendment 0014) to 8 May 2019.

3. Section B – Supplies and Prices –

a. The CLIN extended description for CLIN 0008 has been revised to clarify the requirement for System Level Testing plates.

b. The CLIN extended description for CLIN 0009 has been revised to clarify the maximum R&D cost constraint.

4. Section C – Descriptions and Specifications – The Statement of Work has been revised to update references to the updated Purchase Description. Revisions are referenced in red.

5. Section I – Contract Clauses –

a. The warranty period in clause 52.246‐17 has been revised from “three hundred sixty‐five

(365) days” to “three hundred sixty‐five (365) days after Government acceptance.”

b. Clause 52.227‐14 has been deleted.

6. Section J – Attachments – Attachment 3 has been deleted and replaced with Purchase Description AR/PD

13-01E, dated 17 December 2018.

Period for Questions. All questions regarding XSBI proposals shall be submitted to George Hubbard at george.b.hubbard5.civ@mail.mil. The cut-off date and time for XSBI related questions is 3:00pm Eastern Time on Thursday, 31 January 2019.

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 26-Mar-2018 12:01 PM to 08-May-2019 05:00 PM.

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 0008

The CLIN extended description has changed from:

One hundred thirty thousand (130,000) XSBI plates represents the maximum quantity.The Government intends to procure six hundred (600) plates to be delivered in conjunction with the XSBI FAT plates. These plates will come out of the max production quantity and will be used for System Level Testing (SLT). If the Government awards more than one contract per plate variant, the delivery orders will be issued in accordance with fair opportunity provisions. The Government may award multiple delivery orders up to the maximum quantity.

To:

One hundred thirty thousand (130,000) XSBI plates represents the maximum quantity, per contract/per vendor.The Government intends to procure six hundred (600) plates from each vendor in conjunction with the FAT quantity to be delivered sixty (60) days after FAT approval. These plates will come out of the max production quantity and will be used for System Level Testing (SLT). If the Government awards more than one contract per plate variant, the delivery orders will be issued in accordance with fair opportunity provisions. The Government may award multiple delivery orders up to the maximum quantity per vendor for this XSBI variant.

CLIN 0009

The CLIN extended description has changed from:

1) Identify methods to further body armor weight reductions.2) Identify methods to improve ballistic performance or non-ballistic characteristics.3) Investigate a HAPI smart sensor solution.4) Identify emerging technologies for incorporation of new material development and enhancements in manufacturing processes and procedures.5) Identify design rules used to provide additional plate sizes to improve the overall fit to the entire Soldier population.The total R&D cost across all VTP FRP awards shall not exceed $80,000,000.00.

To:

1) Identify methods to further body armor weight reductions.2) Identify methods to improve ballistic performance or non-ballistic characteristics.3) Investigate a HAPI smart sensor solution.4) Identify emerging technologies for incorporation of new material development and enhancements in manufacturing processes and procedures.5) Identify design rules used to provide additional plate sizes to improve the overall fit to the entire Soldier population.The total R&D cost across all VTP FRP awards shall not exceed $80,000,000.00. In contrast to the plate maximum quantity, which is per variant and per vendor, the R&D cost maximum is cumulative across all vendors for all VTP FRP variants (i.e. ESBI, XSBI, ESAPI, and XSAPI). R&D funds may be applied to any plate variant and any vendor, based on the Government's discretion of where research is likely to most benefit the Government.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

STATEMENT OF WORK

Statement of Work (SOW) Soldier Protection System (SPS)

Vital Torso Protection (VTP) Full Rate Production (FRP)

1.0 Introduction

1.1 Description of Services/Introduction. This Statement of Work (SOW) describes the work required to produce the Vital Torso Protection (VTP) subsystem of the Soldier Protection System (SPS). The VTP includes the Enhanced Small Arms Protective Insert (ESAPI), X-Small Arms Protective Insert (XSAPI), Enhanced Side Ballistic Insert (ESBI), and X-Side Ballistic Insert (XSBI). The VTP is one of five subsystems to the SPS. The other four include Torso and Extremity Protection (TEP), the Integrated Head Protection System (IHPS), Transition Combat Eye Protection (TCEP), and the Integrated Soldier Sensor System (ISSS). The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personnel services necessary to perform the work required to produce the VTP per the requirements defined in Purchase Description (PD) AR/PD 13-01E, Personal Protective Equipment Vital Torso Protection (Section J – Attachments – Purchase Description AR/PD 13-01E), except for those items specified as Government Furnished Equipment (GFE) and services. The Contractor shall perform to the standards in this contract.

1.2 Background. The SPS, is an Acquisition Category (ACAT) III Program designed to be worn for both mounted and dismounted personnel during operations against renegade organized factions, terrorists, snipers, criminals, looters or any person, element or hostile group abroad or within the U.S, is an Acquisition Category (ACAT) III Program. The SPS will provide the Soldier with 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 VTP will benefit from the versatility of an integrated system that will enable the Soldier to quickly transition levels of protection from one mission type to another without degrading the momentum of small unit operations.

1.3 Applicable Documents.

Purchase Description (PD) AR/PD 13-01E, Personal Protective Equipment Vital Torso Protection (Section J –

Attachments) DD Form 254, Security Classification Specification, Soldier Protection System (SPS), dated 25 Sep 2013 SPS Security Classification Guide (SCG), Version 12.0, dated 17 Dec 2012 DODI 5220.22, National Industrial Security Program (NISP), dated 18 Mar 2011 DD Form 441, Department of Defense Security Agreement, dated May 2008 FAR Clause 52.204-2, Security Requirements, (Aug 1996) Interface Control Document (ICD), Version 1.3, dated 25 Sep 2014

1.4 Scope of Work. The scope of work includes all procurement and production activities required to manufacture the hard armor plates that constitute the VTP. The VTP plates must provide the ballistic protection, non-ballistic requirements, and weight requirements as stated within the PD. The VTP program consists of a four year ordering period to manufacture and deliver hard armor protective insert plates. The scope of work includes Firm Fixed Price

(FFP) Contract Line Item Numbers (CLINs) for First Article Test (FAT) and production quantities and Cost Plus Fixed Fee (CPFF) CLIN for research and development in areas related to VTP. Any improvements to the current body armor designs that are fully tested and determined to be valid candidates for implementation will be considered for technological insertion during the course of the full production phase, dependent upon the availability of funding and schedule considerations.

1.5 General Information.

1.5.1 Contracting Officer’s Representative (COR). The COR monitors all technical aspects of the contract and assists in contract administration. A letter of designation is issued to the COR, a copy of which is sent to the Contractor. The letter states the delegated responsibilities as well as the limitations of the COR. The COR is not authorized to change any of the terms and conditions of the resulting contract including changes in contract cost or price, changes in contractual delivery dates, and changes to the shipping address of contract end items.

1.5.2 Data Rights. Defense Federal Acquisition Regulation Supplement (DFARS) clause 252.227-7013, Rights in Technical Data - Non-commercial Items, clause 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends, and clause 252.227-7027, Deferred Ordering of Technical Data or Computer Software, cover data rights.

1.5.3 Patent Rights: Federal Acquisition Regulation (FAR) clause 52.227-2, Notice and Assistance Regarding Patent and Copyright Infringement, DFARS clause 252.227-7038, Patent Rights--Ownership by the Contractor (Large Business), and clause 252.227-7039, Patents--Reporting of Subject Inventions, cover patent rights.

1.5.4 Berry Amendment Compliance. The Contractor shall ensure that all products provided comply with the Berry Amendment. All applicable components of the item are to be “grown, reprocessed, reused, or produced in the United States.” All component parts shall be identifiable and traceable throughout the supply chain and in compliance with the Berry Amendment. Reference is made to DFARS Clause 252.225-7012, Preference for Certain Domestic Commodities and Section E of the contract, Inspection and Acceptance also see 10 US Code 2533a, Requirement to buy certain articles from American sources; exceptions.

1.5.5 Buy American Act. The Contractor shall ensure that all products provided comply with DFARS Clause 252.225-7001, Buy American Act and Balance of Payments Program. All pertinent FAR and DFARS clauses will be included in the solicitation and subsequent contract, also see 41 US Code Chapter 8301-8305, Buy America, Definitions, American materials required for public use, Contracts for public works, Waiver rescission, and Annual report.

1.5.6 Organizational Conflict of Interest (OCI). Product Manager Soldier Protective Equipment (PM SPE) may use Contractor and Subcontractor personnel to perform work in support of this contract. These personnel will have access to, or participate in, the review of proprietary or source selection information (e.g. cost or pricing information, budget information or analyses, specifications, or work statements) or perform evaluation services (Quality Assurance Audits) which may create a current or subsequent OCI as defined FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest. As necessary, the KO will identify and evaluate potential OCI and resolve IAW FAR 9.5.

1.6 First Article Test and Production Lot Acceptance Testing (LAT).

1.6.1 The Contractor shall conduct FAT, LAT, and conformance inspections per the contract, PD, and Contractor internal procedures. All 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 Certificates of Conformance (CoC). The Contractor shall produce all products IAW an approved FAT and Production Process Package (PPP). Methods of detection or inspections described in the PD are not requirements but examples of how the Government may choose to inspect the delivered product, some may require additional analysis. It is not a requirement for the Contractor to implement all methods of inspection described by the Government into the production of the delivered product, only to verify by a means that the product meets the requirements. The Government reserves the right to suspend or revoke production authorization for non-compliance with the contract requirements at any time during the contract.

1.6.1.1 Test and Inspection

1.6.1.1.1 Classification of Test and Inspections. The contract outlines test and inspection requirements. The Government is responsible for the performance of all developmental test and inspection requirements specified in the PD and this SOW. The Government reserves the right to perform any of the test and inspections set forth where the Government deems such tests and inspections are necessary to ensure the supplies conform to prescribed requirements. The Government will pay the Test Center fees for the original first article test, the cost to retest FAT products will be borne by the Contractor.

1.6.1.1.2 Ballistic Test. All ballistic testing shall be conducted at the Aberdeen Test Center (ATC) in Aberdeen, MD. ATC has the authority to outsource ballistic testing to a National Institute of Justice (NIJ) certified lab under this contract. The test agency shall submit copies of all ballistic reports to PM SPE for review/processing/grading.

1.6.1.1.3 Test Protocol. The test agency shall conduct VTP plate testing IAW the requirements of the PD and the Detailed Test Plan (DTP) for each variant.

1.6.1.1.4 Accounting for Test Items Consumed and Used In the Conduct of Quality Assurance Lot Testing. The Contractor shall pay for the transportation and the quantities consumed, expended, and otherwise rendered unusable as a result of testing. The Government will pay for the actual testing whether conducted at an Army 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. Quantities consumed during the conduct of LAT will not be included as part of deliverable quantities stated in this contract. Government will pay for actual testing cost from test center for the original lot, Contractor is responsible for costs related to lot failure and re-test cost from the test center.

1.6.2 Corrective Action Reports (CARs). The Contractor shall conduct initial failure analysis and provide a CAR response to the responsible Defense Contract Management Agency (DCMA) Quality Assurance Representative (QAR) and PM SPE IAW Section J – Attachments – PM SPE Form 3 Corrective Action Report. Upon receipt of the CAR, the Contracting Officer Representative (COR) will determine whether to approve the CAR within ten (10) days from receipt.

CONTRACT DELIVERABLE: A001 - Corrective Action Reports (CAR) as required.

1.6.3 The Contractor shall include all pertinent information for failure analysis (e.g. detailed failure analysis methodology, testing, identify the root cause, corrective action plan, and validation plan) to assess the effectiveness of the corrective action and proposed disposition of the failed item, lot, and containment actions. The Contractor shall include in the CAR documented evidence that they will not sell rejected items to other USA Military Services, General Services Administration (GSA), or other venues in which Soldiers/Units may buy replacements using individual or unit funds. Section J – Attachments – PM SPE Form 3 Corrective Action Report outlines CAR procedures and delivery timelines.

1.6.3.1 A production authorization remains in effect and acceptance may continue unless:

1.6.3.1.1 The Contractor fails any single LAT. The COR will notify DCMA that acceptance shall be withheld after a LAT failure. The Contractor shall segregate and contain any materials from the lot in question or any other associated materials from all other production lots completed or in process, conduct a failure analysis, and provide a CAR response to the DCMA, and the COR IAW Section J – Attachments – PM SPE Form 3 Corrective Action Report. The COR will determine within ten (10) days of receipt of the final CAR response if it is technically acceptable. The Contractor shall resubmit the CAR if notified by the COR that their CAR response is unacceptable.

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 is responsible to submit the required samples for testing (at the Contractor’s expense). The KO will issue a new FAT Approval Letter when the Contractor’s test articles pass all FAT protocols. Schedule delays that result from a product’s failure to pass the Government's requirements, as documented in the KO's correspondence to the Contractor, is the responsibility of the Contractor. The Cost to retest FAT products will be borne by the Contractor.

1.6.3.1.2 The Contractor fails LAT requirements on two (2) consecutive lots. Consecutive lots are defined by production dates or Government source inspection dates. Should this occur, the Government may withhold acceptance and may immediately cease production by 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 responsible DCMA QAR, and the COR not later than (NLT) ten (10) days following notification of a failure. The CAR Process will follow the same provisions outlined in Paragraph 1.6.3.1.1. See Section J – Attachments – PM SPE Form 3 Corrective Action Report, for detailed submission timeline.

1.6.3.1.3 A Pattern of Negative Trending or Failure (outside of the two (2) failed consecutive lots rule stated in 1.6.3.1.2). Any pattern of negative trending or statistically significant shifts in performance or degradations in workmanship over time, as defined by the Government at the time of discovery, signifying production degradation or improvement; should this occur, the Government may withhold acceptance and may immediately require the Contractor to cease production. 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 responsible DCMA QAR, and the COR NLT ten (10) days after notification of failure. The CAR Process will follow the same provisions outlined in Paragraph

1.6.3.1.1. Schedule delays due to the provisions of a pattern of negative trending or failure are the sole responsibility of the Contractor.

1.6.3.1.4 The Government considers a Contractor’s approved First Article Design to be out of Production when the Contractor has not produced an article for a period of 180 consecutive days from the date of the last manufactured article. When the Government approves multiple designs over the course of the contract, the Government considers each production design’s timeline individually. When a Contractor’s non-production periods meet these criteria, the result is an automatic revocation of any existing FAT approvals. The Government defines production as the complete activation of all manufacturing operations and processes established and approved during FAT to produce the product under contract; or components assembled to make the finished article under contract and the associated processes (purchasing, manufacturing, personnel). If a Contractor with an approved design(s) is out of production for 180 days with no substantial activation of the production line (production of consecutive lots as defined in the PD), the Government will automatically revoke production authorization. The contractor is also responsible for tracking the days of no production as defined above, and self-report should the 180 day allowance be exceeded. The Contractor may re-submit test articles for FAT approval, with costs borne by the Contractor for all testing.

1.6.3.2 When a lot fails LAT the 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. The Contractor shall not deliver failed lots and shall not commingle failed products with other lots. The Government has the right to revoke acceptance of any and all items that may contain the root cause failure mode and require that the Contractor replace all affected units at the Contractor’s expense, including transportation costs.

2.0 Management/Meetings/Reporting

2.1 Program Manager. The Contractor Program Manager (PM) shall be responsible for coordinating all meetings between the Government and the Contractor, taking minutes/notes from each meeting, and distributing those minutes via e-mail to the entire Integrated Product Team (IPT) and attendees NLT two (2) days after the meeting.

The PM shall be responsible for bringing to the KO’s attention any conflicts in the Contractor's interpretation of the contract requirements (first by telephone, then by e-mail, and finally in writing) or problems that could adversely affect the Contractor's ability to meet the stated quality, cost, production/delivery, or master schedule requirements.

The primary Point of Contact (POC) between the Government and the Contractor is the KO.

2.1.1 Weekly Updates/Monthly Status. The Contractor shall provide weekly updates (written or teleconference) to the designated Government Assistant Product Manager (APM), COR, DCMA QAR, and KO. If conducted via teleconference, the Contractor shall provide meeting minutes to all attendees within two days. The Contractor shall also provide monthly status reports (MSRs) to the KO. The reports shall detail the activities for the month and shall be submitted NLT the fifth working day of the month after the last working day of the previous month.

CONTRACT DELIVERABLES: A002 - Weekly status updates, meeting minutes, as required; A003 – Monthly Status Report.

2.2 Production Readiness Review (PRR). The Government will conduct the PRR not more than thirty (30) days after receipt of the final FAT, Inspection Reports, and formal Government approval. The purpose of this review will be to verify that the Contractor has incorporated into the design and technical data all lessons learned during FAT before full-scale production. The Government will provide written approval or disapproval not more than ten (10) days after the PRR. The Contractor shall not proceed to FRP prior to written approval from the Government declaring passing results. The Government will be responsible for the agenda (Section J – Attachments – Production Readiness Review) and minutes.

CONTRACT DELIVERABLE: A004 - Production Readiness Review briefing and supporting data to include internal audit records.

2.2.1 During the PRR, the Contractor shall declare their production readiness and document their readiness levels in the briefing to the Government in support of their production readiness declaration. The Contractor shall present to the Government, as part of their presentation, internal audits records (e.g. internal reports of their Quality Management (QMS), Purchase Orders, Configuration Management System, Internal Audits of their subcontractor, and their readiness level for production). The briefing shall address the following:

Adequacy and stability of the supply chain during the Period of Performance (POP) of the contract Program is properly staffed with qualified production, quality (engineers and inspectors), and manufacturing personnel Product acceptance system, including acceptance test procedures and associated equipment, has been validated and put under configuration control Production facilities are ready and required personnel are trained Delivery schedule is executable (technical/cost risks, long lead items) Diminishing Manufacturing Sources and Material Shortages (DMSMS) Plan is in place and mitigates the risk of obsolescence during production Drawing/pattern and manufacturing work instructions are ready, validated, and released to the appropriate subcontractor and supplier; certification that all documentation are under the configuration control and available for Government inspection/verification

2.2.2 Prior to the PRR, the Contractor shall conduct Configuration Management Audits (functional configuration audits and physical configuration audits. The Contractor shall ensure that all internal audits and the final product baselines are completed. The internal audit results shall support the Contractor self-assessment. In addition, the Contractor’s Quality Assurance Team shall review their internal system, production material release, and project-specific documentation. This review shall ensure that documentation is in place to support authorization for production. The Contractor shall present the results of all audits to the Government ten (10) days prior to the PRR.

2.2.3 Workmanship. The finished product shall conform to the quality requirements established by the PD. The Contractor shall verify and validate that all fabrication procedures will yield quality workmanship to meet product specification and contract requirements. All materials to be used in the construction shall consist of quality levels to assure conformance to all requirements, unless otherwise authorized. All workmanship shall be conducted to eliminate and avoid human induced defects. Manufacturing practices shall be capable of consistently yielding product that conforms to all requirements in this purchase description and internal specifications for the product and their components. All component materials shall be properly marked and identified, and protected during storage.

Materials shall be produced and integrated to extend durability and provide consistency of appearance throughout life of the product. Material layers shall be free of contaminants (such as, but not limited to: foreign object debris, any media not associated with the technical data package, loose fragments of component materials/adhesives, operator elements not part of component materials, cleaning residue) which may result in de-lamination between layers. Material interfaces shall be compatible and ensure ease of use. The Contractor shall ensure that the finished product, all subcomponents and parts are free of foreign objects, scaling, burrs, frayed edges, material tears, torn edges, stains, holes and other imperfections when visually examined, subjected to destructive deconstruction examination and visual examination using nondestructive test methods (X-Ray, Microscopic analysis, Liquid penetrant inspection, Ultrasonic testing, and CT Scanning or other like technologies) and the terms and conditions of the contract. This section is applicable to all material or components of the product whether furnished by the Prime Contractor or by any of their suppliers or subcontractors. In any case, of material, process, or equipment change desired to be made by the Contractor, the written consent of the Government shall be obtained before making the change.

2.3 Place of Performance. The Contractor shall identify all work to be performed, End Item Component Suppliers, Subcontractor and Material Supplier name, and places of performance (subcontractor name, physical location of performance, component, material supplied, and work to be performed) under this contract per FAR 52.215-6, Place of Performance, October 1997. The Contractor shall submit any request for changes to the identified place of performance to the KO for review and approval. The Contractor shall identify the new location and the verification data used to certify the new location, production capacity, floor plans, management review, and transition plans for startup at the requested location. Changes in production location shall also result in a need to conduct a new FAT;

these costs shall be borne by the Contractor.

3.0 Requirements/Performance Standards

The Contractor shall provide all program and production management necessary to meet the quality standards, reporting systems and supportability required for testing, inspection and delivery of the VTP plates, as defined in the Contract, PD, ICD, Capability Production Document (CPD), and this SOW. The Contractor is encouraged to use commercial and industrial processes and practices that will reduce production and operational support costs while meeting the requirements of the contract. Blunt trauma injury associated with Back Face Deformation (BFD) measurements and test standards will be IAW the current approved Department of Defense (DoD) testing requirements for body armor which is included in the VTP PD. The weight reduction requirement is a threshold (T) reduction of 7% and objective (O) reduction of 30% of the Legacy for ESAPI and XSAPI. The weight reduction requirement is a threshold (T) reduction of 9% and objective (O) reduction of 30% of the Legacy for ESBI and the weight reduction requirement is a threshold (T) reduction of 14% objective (O) reduction of 30% of the Legacy for

XSBI.

3.1 Production Requirements. The Contractor shall fabricate and deliver VTP plates IAW this SOW and the delivery schedule. The Contractor shall ensure that the VTP plates comply with all of the requirements in the PD, the PPP, the Contract, and this SOW. The Contractor shall provide written notification of any issues encountered during the fabrication of test articles and the executed fix. The Contractor shall provide these reports throughout the entire ordering period of the contract in the form of status/incident reports.

CONTRACT DELIVERABLE: A005 - Status/Incident reports as required

3.1.1 Test Articles. The Contractor shall complete and deliver end item VTP test articles, representing full production quality systems, and submit them for all required testing and inspections.

3.2 Materials and Components. The materials and components shall conform to applicable specifications, standards, drawings, and patterns in the PD.

3.2.1 Lot Definition. For the purposes of this SOW and the production of the end items for this contract, the VTP test article production run shall consist of homogeneous ballistic material in which only whole (complete and unused) lots of ballistic materials are used. All lots shall be size specific and there can be no co-mingling of sizes within the same lot.

3.3 Responsibility for Compliance. Items shall meet all of the requirements of the PD, ICD, CPD, and this SOW.

The absence of any inspection requirements shall not relieve the Contractor of the responsibility of ensuring that all products and supplies submitted to the Government for acceptance comply with all requirements of the contract.

Sampling inspection, as part of manufacturing operations, is an acceptable practice to ascertain conformance to requirements; however, this does not authorize the submission of known defective material nor does it commit the Government to accept defective material. If there is a conflict between the stated requirements of the contract and the Contractor’s Quality Manual (QM), the more restrictive requirement shall apply.

3.4 Critical Safety Items (CSI). The following criteria describes what comprises a CSI. The Government has classified all parts and pieces of the VTP hard armor plates as CSI.

a. CSI means a part, assembly, installation, or production system with one or more critical characteristics that would result in an unsafe condition that could cause the loss of, or serious damage to, the end item or major components, including the loss of control, serious injury, or death to personnel.

b. CSI designation means that DCMA will engage in continuous in-plant audit surveillance and product examination of critical and major characteristics IAW the American National Standards Institute (ANSI)/American Society for Quality (ASQ) Z1.4 zero based sampling approach during the ordering period of this contract. The Government has established an Acceptable Quality Level (AQL) of 0.10 for critical/major defects IAW ANSI/ASQ Z1.4, General Inspection Level II. Additionally, the Government has established an AQL of 4.0 for minor defects IAW ANSI/ASQ Z1.4, General Inspection Level II. Any lots submitted to DCMA for inspection and acceptance shall be subject to the AQLs above: critical and major characteristics: zero defect, minor characteristics: 4.0 AQL.

c. The Contractor shall not proceed with production prior to PRR approval and without DCMA oversight of the production processes for CSI designated personal protective equipment.

d. No lot shall be released from the Contractor’s plant prior to receipt of approval confirming the passing of testing, including Government conducted ballistic test reports and written acceptance from the appropriate

DCMA QAR.

3.5 Shipping and Packaging Instructions.

3.5.1 Shipping instructions. The test articles shall be packaged IAW best commercial practices or as identified in the contract. Section F of the contract will include the related CLIN, delivery dates, quantities, and the “SHIP TO” addresses for the test articles and production quantities.

3.6 UID Requirement.

3.6.1 Passive Radio Frequency Identification (RFID) or Item Unique Identification (IUID) information, order information, product description, physical characteristics, type of packaging, marking, carrier information, and configuration of goods within the transportation equipment will serve as advance shipment notices, which will serve as electronic notification to list and provide the contents of a shipment of goods as well as provide additional information relating to the shipment. The Contractor shall provide a Certificate of Conformance (CoC) with each lot submission to the Government.

4.0 Quality Assurance (QA)

4.1 Quality Management System (QMS). The Contractor shall have a QMS that follows the requirements of FAR 52.246-11, Higher-Level Contract Quality Requirement, contained in this contract. As such, the Contractor shall establish, document, implement, and maintain a QMS and continually improve its effectiveness IAW the requirements of International Organization for Standardization (ISO) 9001:2008, Quality Management Systems -- Requirements. All requirements of the contract apply to subcontractors and suppliers. The Contractor shall monitor, assess, and audit quality and reliability at all subcontractor and supplier facilities. The Contractor shall include a description of the implemented Quality Assurance Strategy at each contractually required review, to include Statistical Process Control (SPC), Pareto Charts and other metrics employed to control critical processes.

The Government reserves the right to audit products and processes, as well as the QMS, at any stage of contract performance. The Contractor shall maintain a calibration system IAW ANSI/National Calibration Standards Laboratory (NCSL) Z540.3-2006, Calibration Standard Published, or equivalent to ensure that all test/inspection, measurement, and diagnostic equipment; including all accessories and ancillary equipment, are properly calibrated, identified, labeled appropriately, and traceable to national measurement standards. The Contractor shall provide CoC or equivalence to ISO 9001:2008 and ANSI/NCSL Z540.3-2006 as part of the proposal package.

4.1.1 Quality Audits. The Government reserves the right to audit the Contractor’s QMS for all products/processes related to the contract. These audits may be of the QMS, a particular process, or the product. These reviews and audits by the Government will not relieve the Contractor of their responsibilities. A Production Readiness Review (PRR) is required prior to full production. Passing the PRR is required in order to receive written authorization from the Government to proceed to full production.

4.1.2 Subcontractor and Supplier Management. The Contractor shall ensure the documentation of all procedures and policies for managing subcontractor and supplier quality. The Contractor shall develop and maintain a Subcontractor and Supplier Management Plan (SMP). The Contractor shall provide the SMP as part of the proposal package. The SMP shall identify processes for selecting, qualifying, and managing subcontractors and suppliers, in-plant audit and assessment schedule for each subcontractor, managing product and processes, flowing applicable requirements to subcontractors and suppliers, assessing subcontractor and suppliers capabilities, verifying subcontractors and suppliers compliance, and establishing metrics for continuously monitoring and rating supplier performance. The SMP shall identify subassembly manufacturing or processes for each subcontractor and supplier to be performed; the Contractor shall maintain a list of qualified subcontractor and suppliers and their current rating.

The Contractor shall make the Supplier Rating System available to the Government at the Post Award Conference.

The SMP shall address product acceptance requirements (if not already specified in the contract or performance specification) for suppliers and the Contractor shall place emphasis 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 and have available for Government review, a flow chart showing the supply chain for the item the Contractor is manufacturing. The Contractor shall identify all manufacturers of all components and assemblies on the flow chart.

4.1.2.1 The Contractor shall be responsible for work performed by their subcontractors and suppliers including any inspections and tests. The Contractor shall ensure contractual conveyance of all applicable quality requirements, associated specifications, and all contractual requirements applicable to the components, or materials, and spare parts to their subcontractors and suppliers and that compliance is verified for the ordering period 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 identify all Subcontractors and Suppliers of key and critical components or processes by name, location, contact information for key personnel, and identify the component for each and/or working for each. 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.

4.1.3 Quality Manual (QM). The Contractor shall ensure that the product meets contractual and internal requirements. The Contractor shall establish and maintain a QM that is compliant with the requirements of ISO 9001:2008 or higher industry standard for QMS. The QM must include the scope of the QMS, the documented procedures established for the QMS, and a description of the interaction between the processes of the QMS. The Contractor shall submit all procedures, in their entirety, describing the activities needed to implement the system. In conjunction with the QM the Contractor shall provide a crosswalk matrix (Section J - Attachments – PM SPE Form 11 Quality Management System Crosswalk Matrix) that demonstrates that their QM is compliant with and or equivalent to the requirements of ISO 9001:2008. The Contractor shall submit the QM, crosswalk matrix, and supporting documentation for Government review and acceptance as part of the proposal package. The QM and the crosswalk matrix shall be submitted in electronic format Microsoft Word; electronic mail is the preferred method of delivery.

4.1.4 Production Process Package (PPP). The Contractor shall submit to for Government acceptance a PPP prepared by the Contractor and validated by DCMA. The PPP submission shall be prepared in conjunction with the First Article build and is required ten (10) days before FAT submission (based on DCMA signature and date on a

Department of Defense (DD) Form 1222, Request for and Results of Test). The Contractor shall submit copies to PM SPE Quality Assurance, the KO, and the appropriate DCMA office. The KO must accept the PPP prior to issuance of the FAT Approval Letter. Government acceptance of the PPP does not relieve the Contractor from their responsibility to ensure that all production documentation, product development, and realization is demonstrated and available to the Government. The Contractor shall ensure that all processes and procedures yield an effective product that meets all product specifications stated in the contract’s PD (Section J – Attachments - Purchase Description AR/PD 13-01E). The PPP is design specific. The KO will provide written approval notification NLT thirty (30) days from receipt of the technically acceptable PPP. If the PPP is determined to be technically insufficient, the Government will reject the PPP for appropriate correction and resubmission. The Contractor shall resubmit the corrected PPP within ten (10) days of notification from the Government. The Government will then have an additional twenty (20) days from receipt to establish technical acceptability and written approval. The Contractor is responsible for all associated delays caused by submitting a technically insufficient PPP.

DELIVERABLE: A010 – Production Process Package (PPP).

4.1.4.1 The PPP shall include detailed product information, to include at a minimum:

a. Section 1

1. Company Name

2. Contract Number

3. Approval Authority

4. Approval Date

5. Design Designation (per design)

6. Product Description (per design)

b. Section 2 (per design, size)

1. Raw Materials

2. Raw Material Suppliers

c. Section 3

FAT component material test data and certifications (to include Berry Amendment compliance certification for all applicable materials). All test reports shall identify the investigator, their title, and approval authority for the test. All test reports 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, Bill of Materials (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). All reports shall identify the laboratory name, laboratory certification information, and location. The Contractor shall submit test reports for the specific product/design configuration submitted and approved by the Government;

test reports shall not be older than 180 days. The Contractor shall verify and validate all sizes of the design if there are configuration or material changes within the system. The Contractor shall clearly document all of this information in the reports submitted to the Government.

d. Section 4

The Contractor shall provide and reference all work instructions in either the Process Flow Chart or Process Control Plan (Section J – Attachments – PM SPE Form 15 Process Control Plan).

e. Section 5

The PPP shall also include detailed process information for all sizes with configuration changes, including materials, dimensions, and material finishes etc. The Contractor shall clearly communicate, identify, and supply information below for all products by design and size, to include at a minimum:

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

(2) 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 by size

e) Reference drawing/criteria by size

f) Evaluation/measurement method

g) Sample size and frequency

h) Control method

i) Reaction plan

f. Section 6

Technical Data Package (TDP) for all design variants, to include the following as a minimum (submitted prior to FAT):

(1) Product/Material Safety Data Sheets

(2) Design nomenclature

(3) Drawing/Pattern by size

(4) 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 (by size, if there are changes).The Contractor shall submit samples to the Government IAW the PD, prior to FAT. The Government will treat all information provided as proprietary and deem it close hold with restricted access. The Government requires this information in order to baseline and to maintain configuration management of the submitted design. The Contractor shall minimize the use of proprietary materials and sole source materials in the 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 comply with the change process defined in paragraph 5.0 (Configuration Management).

(5) Standard Temperature and Pressure Range, and Time for Processing

4.1.4.2 The Contractor shall submit the PPP 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 clearly defined. Any changes to the PPP to include changes to the process, product, or accompanying work instructions shall require resubmission of the PPP, in its entirety, for Government approval prior to implementation.

4.2 Warranty.

The Contractor is required to deliver a product that conforms, and continues to conform, to contractual requirements after acceptance. The warranty period shall be 365 calendar days from the date of acceptance of each lot, and the Government shall give written notice to the Contractor of any breach of warranties within 60 days of the Government’s discovery of any defect or other warranty breach. Products provided shall comply with FAR Clause FAR 52.246-17, Warranty of Supplies of a Noncomplex Nature, (June 2003).

If the Contractor offers a normal commercial warranty for any item the Government purchases or will purchase under the contract and…