W91CRB-19-R-0038-0001.pdf

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Attached to
Foreign Military Sales (FMS) Small Arms Protective Inserts (SAPI) Federal contract opportunity
Solicitation number
W91CRB-19-R-0038
Issued by
Department of the Army Materiel Command Army Contracting Command Aberdeen Proving Ground

About this file

This is a solicitation for Small Arms Protective Inserts (SAPI) in support of Foreign Military Sales (FMS) cases. The U.S. Army Contracting Command at Aberdeen Proving Ground is seeking proposals for SAPI in sizes X-Small through X-Large to provide ballistic protection from specific 5.56mm and 7.62mm rounds when used in outer tactical vests or plate carrier systems. The government intends to award three indefinite delivery/indefinite quantity (IDIQ) firm fixed price contracts for a five year ordering period. At least one contract will be restricted to a small business. Products must comply with the Berry Amendment. Offerors must submit Product Demonstration Models by the response deadline of 90 days from issuance for government testing and evaluation. Ballistic resistance testing will also be required. The solicitation includes details on first article testing, production lot testing, quality assurance protocols and documentation requirements.

Amendment 0001 to W91CRB-19-R-0038

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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

The purpose of this Solicitation Amendment is to respond to question submitted by industry and to update the language in PWS 1.2 and

1.6.3.1.4. Revisions have been made to the Performance Work Statement, Section K and Section L.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 29

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

16C. DATE SIGNED

BY 03-Jul-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-19-R-0038

X 9B. DATED (SEE ITEM 11)

29-May-2019

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 is extended, X 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

03-Jul-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-19-R-0038

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

PERFORMANCE WORK STATEMENT

Performance Work Statement (PWS) Foreign Military Sales (FMS) Small Arms Protective Inserts (SAPI)

1 Introduction.

1.1 Background. The United States Security Assistance Command (USASAC) is procuring the Small Arms

Protective Inserts (SAPIs) hard armor plate to support Foreign Military Sales (FMS) requirements. The SAPIs are designed to be worn by both mounted and dismounted personnel during operations against renegade organized factions, terrorists, snipers, criminals, looters or any person, element or hostile group. SAPIs are issued to the User as a set that includes front and rear protective inserts. This plate is no longer issued to United States Army Soldiers. The SAPIs provide ballistic protection against specific 5.56 millimeter (mm) and 7.62 mm threat rounds when used as a component of a plate carrier system.

1.2 Applicable Documents.

Personal Armor Small Arms Protective Inserts (SAPI) Purchase Description (PD) CO/PD 00-03 Revision G, dated 14 November 2018

SPS Security Classification Guide (SCG), Dated 31 October 2014 DODI 5220.22, National Industrial Security Program (NISP), dated 18 March 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 September 2014

1.3 Scope of Work. This Performance Work Statement (PWS) describes the work required to produce the SAPIs.

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 SAPI per the requirements defined in CO/PD 00-03 Revision G, dated 14 November 2018. The Contractor shall perform to the standards in this contract.

1.4 Security Requirements.

1.4.1 The Contractor shall be responsible for safeguarding all Government property provided for Contractor use.

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

1.4.3 All inquiries, comments, or complaints arising from any matter observed, experienced, or learned of 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’s Representative (COR) and the Contracting Officer (KO).

1.4.4 U.S. Government records, copies of original results and reports, verified original data, corrected data, and corrected supporting final reports are to be maintained by the Contractor, but remain the property of the U.S.

Government. These files and results must be surrendered to the COR when requested.

1.5 General Requirements.

1.5.1 Contracting Officer’s Representative. The COR monitors all technical aspects of the contract and assists in contract administration. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.

1.5.2 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 (December 2016) and Section E of the contract, Inspection and Acceptance; see 10 US Code 2533a.

1.5.3 Buy American Act and Trade Agreement Act Certification. The Contractor shall ensure that all products provided comply with FAR 52.225-1, Buy American Act and the Trade Agreement Act FAR 52.225-5. All pertinent FAR DFARs clauses will be included in the solicitation and subsequent contract; also see 41 US Code 8301-8305.

1.5.4 Organizational Conflict of Interest. USASAC may use Contractor 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 Organizational Conflict of Interests (OCI) as defined in Federal Acquisition Regulation (FAR) Subpart 9.5. Any contractor personnel acting on behalf of the Government performing quality assurance audits and or engineering services shall be granted access to the manufacturing facilities to complete the duties immediately. The KO will affect the appropriate agreement for any verified violation of OCI.

1.6 First Article Test and Production Lot Acceptance Testing.

1.6.1 First Article Testing (FAT), Lot Acceptance Testing (LAT), and conformance inspections shall be conducted per contract, PD, and Contractor manufacturing procedures. FAT units to be manufactured shall use the same facilities, manufacturing processes, methods, equipment, and materials as the production units. 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 Government reserves the right to test end items, subcomponents, or materials at any time to verify conformance to these requirements. The Contractor shall produce all products in accordance with (IAW) an approved FAT design and Production Process Package (PPP). The Government reserves the right to suspend or revoke production authorization for non-compliance with the contract requirements, to include but not limited to the PD, FAT and PPP.

1.6.2 Corrective Action Report (CAR). In the event of a failure, the Contractor shall conduct initial failure analysis and provide a CAR response through the Defense Contract Management Agency (DCMA) (Quality Assurance Representative (QAR) to the KO, USASAC and PM-SPE IAW the Attachment in Section J.

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 SAPI and lot, and containment actions. The Contractor shall include in the CAR documented evidence that rejected SAPIs 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 the Attachment in Section J.

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 KO will notify 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 IAW the Attachment in Section J. The KO will determine within thirty working days of receipt of the final CAR response if it is technically acceptable. If found to be technically unacceptable, 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 design may resume or if the Contractor must present a new design for first article qualification. If a new design is required, the Contractor shall submit the required samples for the Government to conduct first article testing (at the Contractor’s expense), as directed by the KO. Schedule delays because of product failure to satisfy the Government's requirements, as documented in the KO's correspondence to the Contractor is the responsibility of the Contractor. Cost to retest FAT products will be borne by the Contractor.

When a lot fails LAT and is subsequently rejected, that lot is rejected in total and no component parts shall 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 will have the right to revoke acceptance of any and all items that contains the same 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. The Contractor shall remove all Government Labels from items within the reject lots.

1.6.3.1.2 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 lot in question from all other ongoing production lots, conduct an analysis, and submit a CAR after notification of failure.

The CAR process will follow the same provisions outlined in the section above; see Attachment in Section J for detail submission timeline.

1.6.3.1.3 A 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, whether improvement or degradation in performance requirements as defined in the PD. Should this occur, the Government will withhold acceptance and may immediately require the Contractor to cease all production until a validated and effective corrective action plan is developed. The Contractor shall segregate the lots in question from all other ongoing production lots, conduct an analysis, and submit a CAR NLT ten (10) working days after notification of failure. The CAR process will follow the same provisions outlined in the section above. Schedule delays due to a pattern of negative trending or failure are the sole liability of the Contractor.

1.6.3.1.4 A Contractor Out of Production with an Approved First Article Design (for more than a period of 180 consecutive days). Expired because of a production gap greater than 180 days. A production gap is the period of time between FAT approval and presentation of a lot to the Defense Contract Management Agency (DCMA) Quality Assurance Representative (QAR) or other Government representative for inspection or the period of time between the last lot approval and presentation of the next lot to the DCMA QAR or other Government representative for inspection. Production gap determinations are design specific. When the Government approves multiple designs over the course of the contract, each design’s production gap is independent of the production of other designs.

Expiration of FAT approval due to a production gap greater than 180 days is automatic and does not require written notification from PM SPE. In the case of a production gap of more than 180 days, additional testing up to a full FAT may be required to restore FAT approval. Responsibility for the costs associated with restoration of FAT approval due to a production gap greater than 180 days will be as required by this contract.

1.6.4 Address for FAT/LAT submission. Samples selected by the Government shall be submitted with a DD1222 for evaluation to the following address:

Contact Information

DoDAAC: W81C5M U.S. Army Aberdeen Test Center Building 358 400 Colleran Road Aberdeen Proving Ground, MD 21005

POC Quentin C Wagner 410-278-0664 quentin.c.wagner.civ@mail.mil

1.6.5 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 because of testing. The Contractor will pay for the actual testing conducted at the appropriate Test 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 Lot Acceptance Testing (LAT) will not be included as part of deliverable quantities stated in this contract.

1.7 Quality Management System (QMS).

1.7.1 The Contractor shall have a QMS that follows the requirements of FAR 52.246-11 contained in this contract. The Contractor shall establish, document, implement and maintain a QMS and continually improve its effectiveness IAW the requirements of ISO 9001:2015, or the latest equivalent. All requirements of the contract apply to Subcontractors and Suppliers. The Contractor shall monitor, assess, and audit quality and reliability of the QMS at all Subcontractor and Supplier facilities.

1.7.2 The Contractor shall maintain a calibration system IAW ISO 9001:2015, Section 7.1.5, Monitoring and Measuring Resources to ensure that all test, inspection, measurement, and diagnostic equipment; including all accessories and ancillary equipment, are calibrated, identified, labeled appropriately, and the calibration is traceable to national measurement standards from the National Institute of Standards and Technology (NIST).

1.7.3 The Contractor shall use manufacturing process controls and data-driven measurements and evaluations capable of enabling the correction, prevention, or reduction of undesirable effects for the product under contract.

The results of implemented correction, prevention or reduction efforts shall be shared with the Government.

1.7.4 Quality Audits. The Government reserves the right to audit the Contractor’s QMS for all products, processes and the QMS at any stage of the contract performance 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 responsibility. A Production Readiness Review (PRR) is required prior to full rate production.

1.7.5 Subcontractor and Supplier Management. The Contractor shall be responsible for work performed by their Subcontractors and Suppliers including any inspections and tests. The Contractor shall ensure that all applicable quality requirements, associated specifications, and all contractual requirements applicable to the component or materials, and spare part are conveyed contractually 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 all components or processes in accordance with the PPP as defined in paragraph

1.7.7. The Contractor shall maintain documented evidence that the Subcontractors and Suppliers meet all criteria related to the QMS, contract materials and processes, including compliance with ISO 9001:2015 or equivalent QMS Industry standard. Component Subcontractors shall be included in the Contract as Places of Performance in order for DCMA to delegate oversight to the appropriate DCMA offices.

The Contractor shall monitor, assess, and audit quality and reliability at all subcontractor and supplier facilities IAW ISO 9001:2015, Clause 8.4, 8.5, 8.6, 8.7. The Contractor shall ensure that all procedures and policies for managing Subcontractor and Supplier quality are documented. The Contractor is responsible for flowing applicable requirements to Subcontractors and Suppliers, assessing Subcontractor and Suppliers capabilities, verifying compliance of Subcontractors and Suppliers.

The Contractor shall maintain a list of sole source materials. The Contractor shall provide an updated list of sole source materials within 5 working days of approval by the Government during the ordering period of the contract.

The Prime Contractor shall include any agreements with the Suppliers and Subcontractor to address the sole source nature of the SAPI and contingency plans for potential short-term, long-term impacts and a recovery strategy that meets product requirements and contract schedule

1.7.6 Quality Manual. The Contractor shall plan for achieving customer satisfaction and assure that the product meets contractual and internal requirements. The Contractor shall establish and maintain a Quality Manual that is compliant with the requirements of ISO 9001:2015 or higher Industry Standard for Quality Management System.

The Quality Manual 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. All procedures describing the activities needed to implement the system shall be submitted in their entirety.

1.7.7 Production Process Package (PPP). The Contractor shall develop, maintain, and update a design specific PPP using the Engineering Change Request (ECR) process defined herein. The Contractor shall deliver the PPP to the Government for review and acceptance by the KO. 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 Form 1222). Copies should be submitted to the KO, and appropriate DCMA office. The PPP must be accepted by the KO 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, processes and procedures shall be effective, product development and realization is demonstrated and available to the Government;

and that all documentation, processes and procedures shall yield an effective product that meets all product specifications as stated in the contract and performance specification. The KO will 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 PPP will be rejected for appropriate correction and resubmission; the Contractor shall resubmit the corrected PPP within ten (10) working days of notification from the Government. The Government will have an additional twenty (20) working days from receipt of the updated PPP to evaluate the resubmitted product, determine if it is technically acceptable, and provide written disposition (approval or rejection).

If the product is deemed technically unacceptance, the same process defined above will be followed. The Contractor is responsible for all associated delays because of submitting a technically insufficient PPP.

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

Section 1:

o Company name o Contract Number o Approval Authority (Contractor’s designee for internal approval) o Approval Date o Design designation (per design) o Product description (per design)

Section 2 (per design):

o Raw materials o Raw material suppliers o Identify all materials that have a shelf-life

Section 3:

o FAT component material test data and certifications (to include Berry Amendment compliance certification for all applicable materials); all test reports shall identify the Investigators/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, 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 reports shall not be older than 180 days. The contractor shall verify and validate all sizes of the design.

Section 4:

o All work instructions shall be provided and referenced in the Process Control Plan (Attachment in

Section J – PM SPE Form 15).

Section 5: The PPP shall also include detailed process information, to include at a minimum:

o Process Flow Chart (to include all steps, critical inspection points and sequence in the manufacturing process) o Process Control Plan, to follow steps in process flow chart, including:

Process/operation number and description; all critical processes shall include an explanation as to why a process is considered critical or mandatory to the manufacture of the item or part.

Machinery/equipment/tools Product/process characteristic to be controlled Specification/tolerances Reference drawing/criteria Evaluation/measurement method Sample size and frequency Control method Reaction plan A statement as to whether or not the process or portions thereof are considered contractor proprietary and the status of Government rights in technical data.

Section 6: The Contractor shall develop Technical Data Package (TDP-Production Level) in compliance with MIL-STD-31000A. The Contractor shall ensure completeness and accuracy of the TDP data in describing the design, all subassemblies, and component parts. The design described by the TDP documents is that configuration submitted for FAT and approval. The TDP delivered to the Government is for configuration management and will be used to assess product conformance, inspection, and failure analysis. TDP for all design variants, to include the following as a minimum shall be included in the submission:

o Product/Safety Data Sheets o Design nomenclature o Drawing/Pattern by size o Material configuration by size

Type of materials used Build Sheet/Cut Patterns Dry layup and assembly Orientation and sequence of layers of the design Packaging Instruction document o Standard Temperature and Pressure Range, and Time for Processing o The Contractor shall submit samples to the government IAW the performance description prior to

FAT. 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 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. A list of each proprietary materials and sole source materials by category shall be delivered to the Government as part of the TDP. Any changes to the TDP or manufacturing process shall be in compliance with the change process defined in ECR paragraph.

o Production Master Schedule (this schedule is an integrated schedule that shows subcontractor material incoming materials, prime contractor setup and surveillance of their subcontractors, material delivery to the government, etc.)

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 identified by size/design type (direction of material, changes in material processing – coating process, design type (protection level, etc.)

1.8 Limited Life Materials – Quality. The Contractor shall ensure that shelf life, date of manufacture, and expiration date are provided to the Government for all limited life materials, and shall be recorded on the appropriate CoCs. The Contractor shall seek to use limited life materials with as much remaining life as practicable, and expired limited life materials shall not be used in the end item manufacturing process unless otherwise approved in writing by the Government.

1.9 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 standard warranty for any item the Government purchases or will purchase under the contract, and that warranty exceeds 365 days, the Government shall receive the benefit of the longer warranty period as well as any standard warranty terms that are more favorable to the Government than the warranty terms contained in FAR 52.246-17. Additionally, the Contractor shall deliver to the Government the written terms of the standard warranty for use in returning non-conforming products identified after acceptance. Even if a standard warranty is supplied, the conditions for return, correction, or replacement to the Government, as stated in FAR 52.246-17, shall apply, unless the Contracting Officer determines the terms of the standard warranty are more favorable to the Government, in which case the Contracting Officer may elect to use the standard warranty provisions.

1.10 Workmanship. The finished product shall conform to the quality requirements established by CO/PD 00- 03 Revision G. 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.

Government testing and inspection may include 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) to assessment product compliance. 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 Configuration Management.

2.1 Configuration Management. The Contractor shall establish a configuration management program for SAPI that addresses all new and/or modified hardware, firmware, software and documentation resulting from this contract. The Contractor, at no additional cost to the Government, shall correct all non-conformances. The Contractor shall use configuration control to manage proposed changes beginning with the submission of the FAT item(s). Configuration control shall be used to document the impact of proposed changes and to update configuration documentation. Following acceptance of the FAT Unit(s), the Contractor shall not alter the design in form, fit, or function without an approved ECR and approval from the KO.

2.2 Engineering Change Request (ECR). The Contractor shall prepare ECRs for any process or product changes proposed after FAT/PPP approval and submit them to the Government for concurrence. An ECR can be an Engineering Change Proposal (ECP), a Request for Waiver (RFW), or a Request for Deviation (RFD). An ECP is a permanent change to a configuration item. A RFD is a temporary change to a configuration before production. A RFW is a temporary change to a configuration after production. ECR (select type of change requested: ECP, RFW or RFD) submissions must be on the Attachment in Section J – PM SPE Form 1. 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 will be borne by the Contractor.

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

2.4 Production Control of Critical Safety Items (CSIs).

2.4.1 The SAPI is considered a CSI and Material Review Board (MRB) authority is withheld from the contractor; see section H of this contract. The contractor shall notify the Government of any changes in their business status or relationship with the approved source(s) after award of this contract (e.g. inability to obtain manufacturing process information; or changes in status of authorized dealer/distributor, or in terms of licensing arrangement). The Contractor shall immediately provide notification, documentation and any request for process changes to the KO.

2.4.2 The Contractor shall immediately notify the Contracting Officer of any of the following changes prior to implementation; Contractor shall not proceed with manufacturing without written approval from the Contracting Officer:

1. Revisions to drawings, specifications, or standards using the ECR process;

2. Changes is material;

3. Changes in the manufacturing process;

4. A change in the approved source's manufacturing location; or

5. A transfer of manufacturing facilities for any approved source since FAT manufacture

2.4.3 The Contractor shall provide assurance that any product designated CSI(s) in the contract to be provided to the Government:

Is in full compliance with all requirements specified in the contract and PD; and

1. is not a factory second

2. is not changed, mutilated, or rebranded; "Rebranding" means remarking, re-labeling; repackaging, or otherwise obscuring the marking of the approved source (i.e., actual item manufacturer)

3. is not a manufacturer's overrun

4. is not a rejected item

5. is not Government surplus material

6. is not using products containing post-consumer contents (recycled materials)

7. is not a remix, blending, or reconstitution of a raw material or shelf-life extension not from the material approved source (i.e., actual item manufacturer or original equipment manufacturer).

2.4.4 Lots shall not contain commingled approved designs from different sources of supply; all Lots shall be traceable to and from a single component source of supply.

2.4.5 In the event of item failure, the contractor shall have access to, and will provide to the Government upon request, all information necessary to trace the item back through the manufacturing process.

2.4.6 Any documentation provided by the Contractor shall correspond to the exact item(s) and components that will be furnished to the Government; or contractor shall obtain updated documentation and provide it to the

Government when they are not the manufacturer. Failure to provide adequate documentation within the timeframe requested by the Contracting Officer may result in lot rejection.

2.4.7 The Contractor shall ensure that all manufacturing operations are carried out under controlled conditions that will assure that product characteristics and criteria specified by contract are achieved and maintained in the produced item. Controlled conditions include documented process control and in-process inspection procedures, methods for identifying and handling material, and adequate production equipment and working environments.

2.4.8 The Contractor shall perform inspections, examinations and/or tests, during manufacturing on those product characteristics which cannot be inspected at a later stage, and ensure that process controls are implemented and effective.

2.4.9 The Contractor shall ensure that all manufacturing processes that affect the quality of the produced item are established and characterized. These manufacturing processes shall be identified and requirements for their control shall be specified in written process control procedures included in the PPP.

2.4.10 The Contractor shall prepare clear, complete, and current written procedures for:

1. Each in-process inspection. The Contractor shall identify the type, frequency, and amount (sampling plan/100 percent) of inspection; product characteristics to be inspected; criteria for approving and rejecting product; the record for documenting inspection results; and the method for identifying the inspection status of approved and rejected product.

2. Each process control. The Contractor shall identify the criteria, frequency, and records used for verifying control of the process.

3. Assessing the adequacy of in-process inspections and process controls. The Contractor's quality organization shall assure by periodic surveillance that procedures are followed and are effective. Records of this surveillance shall be maintained.

4. Make the documented inspection system available for review by the Government Quality Assurance Representative prior to the initiation of production and throughout the life of the contract. The Government is under no obligation to perform verification inspection or to accept product produced under the contract until the Government has received acceptable written procedures, and has been afforded the opportunity to evaluate the inspection system. Acceptance of the Contractor's inspection system does not bind the Government to accept any nonconforming products. The Government throughout the life of the contract will make periodic evaluations/Audit of the inspection system

2.4.11 Production Requirements. The Contractor shall fabricate and deliver product IAW this PWS and the delivery schedule. The Contractor shall ensure that the product complies with all of the requirements in the PD, the PPP, the Contract, and this PWS. The Contractor shall provide written notification of any issues encountered during the fabrication of test articles and the executed fix. These reports will be provided throughout the entire Ordering Period of the contract in the form of status/incident reports within twenty-four hours of a detected change incident.

2.5 Identification and Traceability. Reference ISO 9001:2015 Clause 8.5.2 – 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 end item. All component parts lot identification shall be traceable through to the end item’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 SAPI lot shall consist of only one product variant (size and color, etc.). A SAPI 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 is left over from the production run, that material may only be used in the next consecutive SAPI lot.

Records shall be maintained and readily available for Government review and audit verification. For end item products identified with individual serial numbers, the traceability requirements listed above shall be traceable via the individual serial number. Every SAPI 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 indelible after exposure to mechanically stripping or by the use of a solvent and as specified in the PD. The Contractor shall ensure that solvents, fuels and other liquids do not diminish the serial number markings.

2.6 Production Data. The following information determined during production shall be made a matter of record and shall be furnished on request to the contracting official. This data shall be identified with the serial number/lot number of the SAPI. Data generated during inspection or other protocols per quality system/Quality Manual/PPP; this includes, but is not limited to the items below:

Dimensional measurements (weight, thickness, etc.)

Supplier lot information and traceability for all component parts identified in the technical data package. This shall include material compliance forms signed by the Contractor, each Subcontractor or material supplier supported by test data from approved laboratories (Material Test Report). Contractor shall ensure that Material Test Reports exist to support each compliance form per lot. A copy of the manufacturer’s material test report for each lot is required with shipment of material stating to which specification the material was made. These reports shall include the following information

1. Signature and title of authorized test facility

2. Signature and title of authorized Prime Contractor quality personnel

3. Applicable specification and revision

4. Quality statement compliance to applicable specification/contract requirement

5. Operational, ownership and environmental test data generated by the Contractor on the end items

6. Ballistic performance test data generated under all first article, lot acceptance, conformance, and validation testing

7. Traceability Information

2.7 Safety. The Contractor shall certify that safety is inherent in the design and fabrication of the SAPI before FAT is achieved IAW Federal and Industry standards and regulations. The Contractor shall implement a System Safety Program that applies to the applicable safety design requirements and management controls. The Contractor shall develop and maintain documents that demonstrate early hazard identification, evaluation, and elimination or control to preclude injury or death to user, operators or maintainers of the SAPI. All Safety Data Sheets shall be included in the PPP. All safety documents shall be made available to the Government for review and or audit.

Hazardous materials. Hazardous materials that can be exposed to personnel or the environment during any operation (to include fabrication, transportation, equipment setup and tear-down) or maintenance procedures, or exposed as a result of damage to the equipment, or requiring special disposal procedures, shall not be employed. The Contractor shall employ environmentally acceptable substitute materials and processes that do not degrade operational function and maintains cost effectiveness. The Contractor shall ensure that any hazardous material (as defined by OSHA) are controlled to levels below the OSHA Permissible Exposure Limits. The SAPI shall not present any uncontrolled health hazard throughout the life-cycle of the item. The following shall be included when designing the SAPI:

1. Eliminate the use of materials that cause skin irritation or allergies.

2. Utilize materials that are resistant to dirt, fungus, bacterial growths etc.

3. Allow for easy cleaning and/or replacement of parts that could present health hazards to the wearer

2.8 Management/Meetings/Reporting.

2.8.1 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) working 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, or production/delivery, or master schedule requirements.

2.8.2 Post Award Conference (PAC)/Periodic Progress Meetings. The Contractor shall attend any Post Award Conference (PAC) convened by the contracting activity or contract administration office IAW FAR Subpart 42.5.

The KO, COR, DCMA-QAR and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings, the KO will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

2.8.2.1 The Government shall coordinate, schedule and conduct a PAC. The Government anticipates this conference to be conducted within twenty (20) calendar days of contract award. The purpose of the conference shall be discussion of project orientation, transfer of background information, to provide a mutual understanding of the technical requirements/contractual requirements and the QA provisions of the contract. The Contractor shall ensure that all personnel, and Subcontractors, required for a discussion of the contract effort be in attendance. Scheduling of the post award conference shall not change the delivery schedule of the contract. The Contractor shall be prepared to:

Conduct a review of the system requirements to ensure that they have been completely and properly identified and that there is a mutual understanding of the system requirements between the Government and the Contractor.

Conduct a preliminary review of the design concept to verify its capability to meet the PD.

Make available to Government representative(s) the documentation for production planning, manufacturing methods and controls, material and manpower resource allocation, production engineering, quality control and assurance program, production management organization, and controls over Subcontractors and Suppliers. Identification of all Subcontractor and Supplier by location and manufacturing function/raw materials, etc. Identification of all critical processes.

Review and clarify all contract requirements: the data deliverables, and verification/provisioning conference dates.

Review the overall tasks and schedule required to execute the contract within the schedule constraints set forth by the Government. The Contractor shall keep an up to date Gantt chart tracking tasks, including baseline and actual schedule progress. It shall be supplied to the Government upon request

The Government will document the post award meeting minutes and distribute those minutes via e-mail to the all attendees NLT seven (7) calendar days from the PAC.

2.8.3 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 working days. The Contractor shall also provide monthly status reports (MSRs) to the Government KO. The reports shall detail the activities for the month and shall be submitted no later than the 5th working day of the month after the last working day of the previous month.

2.8.4 Production Readiness Review (PRR).

2.8.4.1 The PRR shall be conducted no later than fifteen (15) calendar days after receipt of FAT approval. Passing the PRR is required in order to receive written authorization from the Government to proceed to full production.

The purpose of this review will be to verify that all lessons learned during FAT have been incorporated into the design and technical data before full-scale production. During the PRR, the Contractor shall declare their production readiness, documentation readiness level and provide briefings to the Government in support of their declaration. The Contractor shall present to the Government as part of their presentation internal audit records (i.e.

internal reports of their QMS, Configuration Management System, and internal Audits of their Subcontractor and their readiness level for production). The Government will provide written approval or disapproval fifteen (15) calendar days after PRR has been conducted. 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 Attachment in Section J) and minutes.

2.8.4.2 The Contractor shall declare their production readiness, and documentation 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.

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