B08_MSV Solicitation_dated 01-08-2020.pdf

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until 10:00 AM local time 24 Feb 2020

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RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

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

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

DO-C9 1 110

(If other than Item 7)

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

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

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

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W91CRB 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 2 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

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

See Section L conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 3 4 - 11

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

12 - 34 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 37 - 40 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 41 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

42 - 70

PART II - CONTRACT CLAUSES

ACC - APG - W91CRB

BLDG 4310

6515 INTEGRITY COURT

ABERDEEN PROVING GROUND MD 21005-3013

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

08 Jan 2020

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W91CRB20R0001

Section A - Solicitation/Contract Form

SOLICITATION DETAILS

Proposal Submission/Award Constraints: Proposal submissions are limited to one

(1) MSV design per company. Awards are limited to one (1) contract award per company.

Release of Proposal Documents: The release of certain, limited distribution attachments/documents for the Modular Scalable Vest solicitation is subject to Explicit Access approval. Please read the “Notice of Limited Distribution Materials” and the “Request to Access Limited Distribution Materials” documents, found posted with the Solicitation for this requirement, to apply for access approval.

CONTRACT DETAILS

Contract Type:

a. The Government may award approximately five (5) awards on a full and open basis as a result of this solicitation.

b. The proposed contract is a firm, fixed-price (FFP) indefinite delivery, indefinite quantity (IDIQ) type contract with a base ordering period of five years and two (2), 2-year option periods for additional ordering.

Ordering/Fair Opportunity Process: In accordance with FAR 16.505, individual delivery orders issued under the basic contract(s) will be competed using fair opportunity procedures in accordance with FAR 16.505. During Fair Opportunity competitions, a contractor may submit offers in any amount up to the offered prices evaluated in determining award.

Contract Minimum:

a. Contract minimum is met by Delivery Order 0001, which will be issued at the time of basic award, and the following CLINs:

CLIN 0001: Pre FAT/Technical Data Package CLIN 0002: First Article Test Items CLIN 0003: Production Process Package

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

Contract Maximum: The contract maximum includes the quantities available under CLINs 0004, 0005, and any additional amounts procured under option CLINS 0006 through CLIN 0009. These amounts represent the highest amount that may be obligated across all delivery orders issued as a result of fair opportunities.

Notification for use of Alternate Material Color/Pattern:

Based on the contract period of performance, in order to accommodate end user requirements, vendors are hereby notified that alternate color/camouflage requirements, as determined by the customer, may be requested under Fair Opportunity Notices.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Lot Pre-FAT/Technical Data Package (TDP)

FFP

The PreFAT/TDP items must be delivered fifteen (15) calendar days after the award of Delivery Order 0001 and BEFORE the submission of the CLIN 0002 FAT items.

All CLIN items must be delivered in accordance with the Statement of Work and the Purchase Description documents.

FOB: Destination MFR PART NR: Tech Data Package

PSC CD: 8470

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 1 Lot First Article Test Items

FFP

First Article Test (FAT) items must be delivered within twenty-one (21) calendar days after approval of the CLIN 0001 Pre FAT/TDP and notification to proceed from the Contracting Officer's Representative.

All CLIN items must be delivered in accordance with the Statement of Work and the Purchase Description documents.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0003 1 Each Production Process Package

FFP

The Production Process Package must be:

1.) Prepared by the contractor, validated by DCMA, and submitted for Government acceptance.

2.) Prepared in conjunction with the FAT build/submitted within fourteen (14) calendar days after FAT submission (based on DCMA signed date on DD1222).

3.) Submitted electronically, in source format, to the DCMA QAR, ACO, PM SPE Soft Armor QAR, and COR.

All CLIN items must be delivered in accordance with the Statement of Work and the Purchase Description documents.

FOB: Destination MFR PART NR: Production Process Package

UNIT UNIT PRICE MAX AMOUNT

0004 1,834,468 Each Base-Yrs. 1-5-MSV & MSV Spare Parts

FFP

Base-Yrs. 1-5-MSV & MSV Spare Parts: All MSV and MSV Spare Part quantities ordered (up to the maximum amount) must be delivered in accordance wih the Statement of Work and Purchase Description. Quantities/Delivery/Pricing to be determined at issuance of Fair Opportunity.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination MFR PART NR: MSV & MSV Spares

UNIT UNIT PRICE MAX AMOUNT

0005 10,000,000 Each Base-Yrs. 1-5-MSV Tech Insertion

FFP

Base-Yrs. 1-5-MSV Technology Insertion: The contractor shall:

1.) Identify methods to further MSV Carrier enhancements 2.) Identify methods to improve ballistic performance or non-ballistic characteristics.

3.) Identify emerging technologies for incorporation of new material development and enhancements in manufacturing processes and procedures.

R&D funds may be applied based on the Government’s discretion of where updated technology is likely to most benefit the Government.

FOB: Destination MFR PART NR: MSV Tech Insertion

UNIT UNIT PRICE MAX AMOUNT

0006 213,120 Each OPTION OY1-Yrs. 6-7-MSVs

FFP

OY1-Yrs. 6-7-MSVs: All MSVs ordered (up to the maximum amount) must be delivered in accordance wih the Statement of Work and Purchase Description.

Quantities/Delivery/Pricing to be determined at issuance of Fair Opportunity.

unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0007 2,500,000 Each OPTION OY1-Yrs. 6-7-MSV Tech Insertion

FFP

OY1-Yrs. 6-7-MSV Technology Insertion Technology Insertion. The contractor shall:

1.) Identify methods to further MSV Carrier enhancements 2.) Identify methods to improve ballistic performance or non-ballistic characteristics.

3.) Identify emerging technologies for incorporation of new material development and enhancements in manufacturing processes and procedures.

R&D funds may be applied based on the Government’s discretion of where updated technology is likely to most benefit the Government.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0008 213,120 Each OPTION OY2-Yrs. 8-9-MSVs

FFP

OY2-Yrs. 8-9-MSVs:

All MSVs quantities ordered (up to the maximum amount) must be delivered in accordance wih the Statement of Work and Purchase Description.

Quantities/Delivery/Pricing to be determined at issuance of Fair Opportunity.

unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0009 2,500,000 Each OPTION OY2-Yrs. 8-9-MSV Tech Insertion

FFP

OY2-Yrs. 8-9-MSV Technology Insertion: The contractor shall:

1.) Identify methods to further MSV Carrier enhancements 2.) Identify methods to improve ballistic performance or non-ballistic characteristics.

3.) Identify emerging technologies for incorporation of new material development and enhancements in manufacturing processes and procedures.

R&D funds may be applied based on the Government’s discretion of where updated technology is likely to most benefit the Government.

FOB: Destination

Section C - Descriptions and Specifications

STATEMENT OF WORK

Statement of Work:

Soldier Protection System Torso and Extremity Protection

Modular Scalable Vest

1. BACKGROUND.

1.1 This Statement of Work (SOW) sets forth the requirements to deliver the Soldier Protection System (SPS) Torso and Extremity Protection (TEP) Modular Scalable Vest (MSV), Lot Spare Parts Kits, individual spare part components, and technology insertions.

1.2 The SPS is an Acquisition Category (ACAT) III Program designed to be worn by both mounted and dismounted Soldiers during a full spectrum of combat operations. The SPS provides 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. The three subsystems of the SPS are TEP, Vital Torso Protection (VTP), and Integrated Head Protection System (IHPS). The TEP is currently comprised of the Ballistic Pelvic Protector, Ballistic Combat Shirt, and Modular Scalable Vest, and allows soldiers to quickly transition from one mission type to another without degrading the momentum of small unit operations.

1.3 The goal of SPS TEP is to provide Soldiers with reduced weight, modular, scalable, mission-tailorable protection to increase mobility while optimizing protection. The MSV is designed to protect the upper torso from multiple ballistic threats such those received from conventional fragmenting munitions and multiple hits from 9mm, .357 SIG, and .357 Magnum handgun rounds. It consists of a concealable vest with SABI panels that can then be inserted into a tactical outer carrier.

1.4 MSVs are procured as a complete system and, with each lot of 1200 vests, a spare parts kit is included to repair broken MSV components or conduct vest customization while in the field. Further, fielded MSVs increase the need for occasional spare components, therefore, a Contract Line Item Number (CLIN) will be included in the contract to accommodate the purchase of an assortment of MSV components.

1.5 Based on the contract period of performance and the potential for enhancements or advancements in carrier/ballistic technology, there may be a need for improvement to the awarded MSV product. In the event the Government identifies a potential product improvement, which warrants additional research or investigation to determine value and future incorporation, the Technical Insertion CLINs incorporated into awarded contract(s) will be utilized to accomplish these requirements.

2. SCOPE.

2.1 The contractor must provide the TEP MSV and spare parts in accordance with (IAW) AR/PD 15- 03 Rev E Amendment 1_17 July 2019, herein referred to as the “PD” within this document. The scope of work includes all production activities required to manufacture the MSV, properly integrate (with correct strike face direction) the MSV SABI into the MSV carrier, properly integrate (with correct strike face direction) the side pocket SABI into the Lot Spare Parts Kit, and deliver, after Lot Acceptance Testing (LAT), the fully assembled and packaged MSVs. The contractor must provide all program and production management necessary to meet the quality standards, reporting systems, supportability required for testing, inspection, and delivery of the MSV, as defined by the SOW and PD documents. The PD covers the technical requirements for the MSV. The MSV is considered a Critical Safety Item (CSI) and is subject to the requirements at SOW Sections 12 and 13.

3. REQUIREMENTS

3.1 TEP MSV end items must meet all of the requirements of the PD, this SOW, and the SPS Interface Control Document (ICD) Version 1.3 (dated SEP 2014). The absence of any inspection requirements does 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, either indicated or actual, 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, the more restrictive requirement will apply.

3.2 Government Furnished Property (GFP)/Government Furnished Information (GFI):

3.2.1 GFP. N/A.

3.2.2 GFI. The Government will provide the MSV PD, Patterns, and the MSV drawings to the contractor as GFI.

3.3 Workmanship: This section is applicable to all components whether finished by the Prime contractor or the Prime’s subcontractors. The finished MSVs must conform to the quality of product established by the PD and as verified in Section 4 of the PD. The contractor must verify and validate that fabrication procedures will yield quality workmanship to meet product specification and contract requirements. Materials used to produce the MSV must be consistent with the materials listed in the Pre- FAT/TDP. The completed MSVs, carriers with integrated ballistics, must be submitted to Defense Contract Management Agency (DCMA) for inspection and pull for ballistic and non-ballistic LAT at Aberdeen Test Center (ATC), and lot acceptance is contingent on successfully passing test results. All MSV components must be properly identified, labeled, and protected during storage. All components must be thoroughly clean and free from production debris, stains, and other foreign matter. Material layers must be free of contaminants such as foreign objects, debris, any material not associated with the TDP, loose fragments of component materials, and operator elements not part of component materials.

The contractor must obtain the written consent of the Government prior to making any changes to the material, process, or equipment used in production and integration of the MSV.

3.4 Shipping and Packaging Instructions: The contractor must use their best commercial practices and the shipping and packaging instructions provided (Peckham General Vendor Shipping Instruction Rev 11, dated 29 March 2019). In addition, shipping boxes must meet ASTM D 5118, Type CF, Class WR or better. The contractor must maintain records for each shipment that includes photo evidence of the condition of each box and MSV prior to shipment.

3.5 Ownership and Support:

3.5.1 A finished MSV, not impacted by ballistic projectiles, must have a service life of three hundred sixty-five (365) calendar days of continuous use with no operational failures in all types of typical military field environments.

3.5.2 The contractor must ship the finished end items following Government LAT approval and ensure that no less than ninety percent (90%) of component shelf life is still remaining/remaining shelf life is at least five (5) years or 60 months at time of receipt at the Project Manager Soldier Protection and Individual Equipment (PM SPIE) Staging Facility. This will be verified by DCMA prior to acceptance of the finished end items.

3.5.3 Once the finished MSVs are received at the PM SPIE Staging Facility, the minimum shelf life of all components and materials in the finished MSV must be five (5) years. The components and materials must suffer no degradation in performance after storage for a period of five (5) years.

3.5.4 The contractor and its subcontractor(s) must not incorporate, integrate, or include expired (shelf life) raw materials or parts in the manufacturing of any subassembly or end item. If the shelf-life expiration for raw materials is not defined in the specification, the recommended shelf life expiration from the raw material source will be honored. Any end item found to have been manufactured with expired material will be considered “nonconforming” and rejected.

3.5.5 Health and Safety: The MSV must be safe for human use and not contain any harmful materials.

The MSV must be designed so that under all conditions of normal use, and, under a likely fault condition including human error, it protects against risks or hazards. The potential for injury while assembling, donning/doffing, cleaning and maintaining the MSV must be eliminated or minimized to the maximum extent. There must not be loose parts present on the MSV that are susceptible to snagging.

3.5.6 Hazardous Materials and Toxicity: Hazardous materials that can be exposed to personnel or the environment during any operational (to include fabrication, transportation, setup/tear down or use) or maintenance procedures, or exposed as a result of damage to the equipment, or requiring special disposal procedures, must be kept to an absolute minimum, consistent with operational requirements.

The contractor is responsible for identifying these materials and must notify the Government of the presence of such materials prior to the production of any FAT items. Environmentally acceptable substitutes must be used whenever possible without degrading operational function and maintaining cost effectiveness. Hazardous material exposure to personnel must be controlled to levels below the Occupational Safety & Health Administration (OSHA) Permissible Exposure Limits. The MSV must not present any uncontrolled health hazard throughout the life-cycle of the item. The following must be considered and factored into the design of the MSV:

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

2. Utilize materials that are resistant to fire, fungus, and bacterial growth.

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

4. DELIVERY AND PERFORMANCE

4.1 Estimated Timeline for Deliveries: Pending availability of funds and the scheduling availability for testing events, the contract minimum articles must be delivered within the following timelines:

4.1.1 MSV Pre-FAT TDP items, as indicated in the PD at section 3.10.1, must be delivered fifteen (15) calendar days after receipt of Delivery Order 0001.

4.1.2 FAT articles called out in the PD section 3.10.1 must be delivered twenty-one (21) calendar days after approval of the Pre-FAT TDP and notification to submit FAT articles is issued by the Contracting Officer’s Representative (COR).

4.1.3 Full Rate Production (FRP): Required delivery date and size tariff for FRP will be set forth at the point that a Notice of Fair Opportunity (NoFO) is issued/DO award is made. The Government reserves the right to order the quantity of specific sizes required to best meet the needs of Soldiers.

4.2 First Article Testing (FAT): FAT must be accomplished in accordance with the PD.

4.3 Lot Configuration: Each production lot must contain no more than one thousand two hundred (1,200) finished MSV items. Mixed size lots are allowed upon approval by PM SPE.

4.4 LAT Requirements and Deliveries:

4.4.1 MSV LAT. Each MSV lot will undergo LAT testing. All LAT samples must be delivered to ATC in accordance with SOW. LAT testing will occur prior to acceptance of the lot and shipment to the PM SPE Staging Facility. After receiving notification that the MSV lot has successfully passed LAT, DCMA will perform final lot inspection and accept the lot in Wide Area Work Flow (WAWF). After an MSV lot is “accepted”, it must be shipped/delivered to the PM SPE Staging Facility in Lansing, MI.

4.4.2 Failure to meet the ballistic or non-ballistic requirements will result in rejection of the lot and issuance of a Corrective Action Request (CAR) by DCMA to the Prime contractor.

4.4.3 All surrogate shoot packs for the MSV SABI must be made per the PD.

4.4.4 The Government expects LAT (testing and grading) will be completed within sixty (60) calendar days after the start of testing at ATC.

4.5 Size Requirements: The MSVs must be produced in eight (8) sizes. The size tariff will be specified in each NoFO.

4.6 Shade Evaluation:

4.6.1.1 The Contractor must: Conform to the requirements of and ensure that all materials provided for the MSV carrier are evaluated IAW the Defense Logistics Acquisition Directive (DLAD) Clause 52.246- 9030 Shade Evaluation of Contractor Furnished Components (Revision 5 July 2016) for shade evaluation, meet the shade requirements for all materials as specified in the PD, ensure that all MSV carrier materials are identifiable and traceable throughout the supply chain and, make certain that all Certificates of Conformance (CoCs) are supported with test reports, including the passing Shade test report. See SoW paragraph 8.2 for CoC format.

4.6.1.2 Table 1 contains the roll numbers that are the Government’s approved reference standards in association with the materials for the MSV carrier. The approved roll numbers are the standard used by the U.S. Army Combat Capability Development Command to evaluate subsequent lots. However, the Contractor is still responsible for performing their own shade evaluation prior to the submission of materials for lot approval to the Government.

TABLE 1. Government’s Approved Reference Standards

Description Standard Roll Number

Textured Nylon 500D MIL-DTL-32439 T3 C3 #3905

Textured Nylon 500D FR MIL-DTL-32439 T3 C4 #3905

Textured Nylon 330D MIL-DTL-32439 T4 C3 #3937

Flex TWEAVE 70D TWEAVE 520E #3900

4.6.1.3 The Contractor must identify and submit swatches to the U.S. Army Combat Capability Development Command for shade evaluation. If one (1) or more of the shade swatches submitted are found to be unacceptable, the entire lot will be rejected. A lot that is rejected for shade conformance will be screened by the Contractor and all pieces in the lot which are defective for shade must be removed before the lot is resubmitted. Resubmitted lots will also be subjected to the sampling and shade evaluation prescribed in DLAD Clause 52.246-9030. However, this does not negate the Contractor's responsibility to perform their own shade evaluation prior to submittal of a re-submitted lot to the Government. The Contractor must transmit the material swatches to the following Laboratory:

U.S. Army Combat Capability Development Command 15 General Green Ave.

Bldg. 5, Room 122

Attn: Melanie King / Rachel Matuszek Natick, MA 01760 Subject: Sampling fabric for MSV carrier shade evaluation – Operational Camouflage Pattern (OCP)

4.6.1.4 The Contractor must include a submission letter marked "For Government Shade Approval" which contains the following information:

1. Name of Prime Contractor

2. Contract number

3. System Nomenclature and material type

4. Government inspection Lot number

5. Number of swatches being submitted

6. Quality Assurance Representative (QAR's) name

7. Name and address of the QAR's base plant

8. Complete list of material with piece numbers

5. SECURITY REQUIREMENTS

5.1 Safeguarding. The contractor must be responsible for safeguarding all Government equipment, information, and property provided for their use.

5.2 Disclosure. Neither the contractor nor any of its subcontractors may disclose or cause to disseminate any information concerning operations of military activities and or sensitive performance requirement. Such action(s) could result in violation of the contract and possible legal actions.

5.3 Intellectual Property Rights: Any Intellectual Property (IP), whether data, design, pattern, or otherwise, contained in the SOW or in the PD and provided to the contractor under this contract is property of the Army. The Army maintains unlimited rights to such IP and is the only entity that can authorize submission of a patent application on said IP.

5.4 Inquiries, Comments, & Complaints. 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, must be directed to the COR and the Contracting Officer (KO).

5.5 Authorized Points of Contact. The contractor must only conduct business with designated Government personnel listed as Points of Contact (POC). Names of authorized personnel must be provided by the Government, in writing, and updated as necessary throughout the contract period.

5.6 Records Maintenance & Availability. U.S. Government records, copies of original results and reports, verified original data, corrected data, and corrected supporting final reports are maintained by the contractor in the original source document format, but remain the property of the U.S. Government.

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

5.7 Awareness Training (AT) / Operations Security (OPSEC):

5.7.1 All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, or controlled access areas must complete AT Level I awareness training within forty-five (45) calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies. The contractor must submit certificates of completion for each affected, contractor employee and subcontractor employee to the COR and Antiterrorism Officer (ATO), within sixty (60) calendar days after completion of training by all employees and subcontractor personnel.

AT Level I awareness training is available at https://securityawareness.usalearning.gov/opsec/.

5.7.2 The contractor and all associated subcontractors’ employees must comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures (provided by the Government representative). The contractor must also provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor workforce must comply with all personal identity verification requirements as directed by the Department of Defense (DoD), Headquarters Department of the Army (HQDA), and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

5.7.3 The contractor and all associated subcontractors must brief their employees on the local iWATCH program: http://slideplayer.com/slide/5285421/. This training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR/ATO. This training must be completed within forty-five (45) calendar days of contract award and within forty-five (45) calendar days of new employees’ commencing performance, with the results reported to the COR/ATO no later than (NLT) sixty (60) calendar days after contract award.

5.7.4 The contractor must implement an employee verification process through background checks or other similar processes, provide a written response to the COR explaining how the verification process was completed, and attest to the trustworthiness of the workforce, within forty-five (45) calendar days of contract award.

6. CONTRACTING OFFICER’S REPRESENTATIVE:

6.1 The COR monitors all technical aspects of the contract and assists in contract administration. A letter of appointment will be issued, from the KO to the COR, stating the responsibilities and limitations of the COR. The COR is not authorized to change any of the terms and conditions of the contract or direct the contractor to perform any work outside of the scope of the contract. The contractor must notify the KO in writing within twenty-four (24) hours of any unauthorized commitment made by the COR or any other Government employee.

7. ORGANIZATIONAL CONFLICT OF INTEREST:

7.1 Contractor and subcontractor personnel performing work under this contract may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5 Organizational and Consultant Conflicts of Interest. The contractor must notify the KO immediately whenever it becomes aware that such access or participation may result in an actual or potential OCI and, must promptly submit a plan to the KO to avoid or mitigate any such OCI.

The contractor’s mitigation plan must be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

8. FAT, LAT, & CONFORMANCE INSPECTIONS:

8.1 All FAT, LAT, and conformance inspections must be conducted per the contract, PD, and the contractor’s internal requirements. Tests, inspections, and procedures used are subject to Government review and approval. The contractor must provide test data, traceability to materials and procedures that verify the outcome contained in all Certificates of Conformance (CoCs). The Government reserves the right to test end items, subcomponents, or materials at any time to verify conformance to these requirements. The contractor must produce all products IAW an approved FAT and Production Process

Package (PPP). The Government reserves the right to suspend or revoke production authorization for non-compliance with the contract requirements.

8.2 CoC File Format: The contractor must present CoCs and associated test reports, including shade, for each production lot via a single PDF file and submit it electronically to PM SPE. The CoC file must begin with a table of contents that is organized according to the Bill of Materials, includes the page numbers for each CoC, identifies the current CoC associated with the production lot, and include a column that indicates if any CoCs are presented that represent a new lot of material introduced during production of the current lot. The contractor must ensure that all extraneous documents, such as receiving reports, invoices, or the like, are removed from the CoC file prior to delivery.

8.3 Initial FAT must be conducted at ATC and will be paid for by the Government. If a contractor’s item fails the initial FAT, it is the contractor’s responsibility to pay for all additional testing at ATC and/or any additional materials required to become FAT qualified.

8.4 FAT Approval: If FAT is completed and the contractor’s submission does not contain ballistic or non-ballistic non-conformances, the Government will issue the contractor a FAT approval letter.

8.4.1 Production Authorization. Production Authorization. A PRR will only be conducted if an order is placed under a NoFO. If no order is placed, no production will be authorized. The Government will issue the contractor written authorization to proceed to full production only after the contractor receives a FAT Approval Letter and has passed the Production Readiness Review (PRR) Audit (SoW paragraph 17.5).

In accordance with the FAT Approval Letter the contractor will be directed to produce up to the first (4) lots of the MSV quantities ordered under the NoFO in order to ensure consistency of the product. The PRR will be conducted during production of the lots.

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

8.4.2.1 The Contractor Fails Any Single LAT: After any single LAT failure, the Government will notify DCMA that lot acceptance must be withheld. PM SPE’s Soft Armor QAR and Engineer will determine the severity of the defect and notify the KO if a stop work order is needed. The contractor must segregate the material of the failed lot from all other production lots in process, conduct a failure analysis, and provide a CAR response to the KO, DCMA QAR, ACO, PM SPE Soft Armor QAR, and COR, IAW SoW Exhibit 4.

Within thirty (30) calendar days, PM SPE Soft Armor QAR and Engineer will determine if the CAR response is technically acceptable and notify the KO. If it is not found to be technically acceptable, the contractor will be notified by the PM SPE Soft Armor QAR to resubmit the CAR response. The KO will notify the contractor if there is Government acceptance of the CAR response and if production may resume. When a lot fails LAT, the rejected lot and all associated components are therefore rejected in total and no component parts may be used in the production of any other lot, or any other Government contract without written Government authorization. Failed lots must not be delivered and failed items must not be commingled with other lots. The Government reserves the right to revoke acceptance of any and all items that may contain the same root cause failure and to require the contractor to replace all affected units at the contractor’s expense, including transportation costs.

8.4.2.2 The Contractor Fails LAT Requirements on Two (2) Consecutive Lots: Consecutive lots are defined by production dates and not testing dates. Should two (2) consecutive lots fail LAT, the Government will withhold acceptance and may immediately cease all production (Stop Work) from the contractor. The Government will request DCMA issue the contractor a CAR. The contractor must segregate and refrain from incorporating the material utilized in the failed lot in all other ongoing production lots, conduct an analysis, and submit a CAR response to the KO, DCMA QAR, ACO, PM SPE Soft Armor QAR, and COR. The CAR and subsequent Government decision will follow the same provisions outlined in the paragraph 8.5.2.

8.4.2.3 A Pattern of Negative Trending or Failure is Demonstrated Outside of the Two (2) Failed Consecutive Lots Rule: This includes statistically significant shifts in performance or degradation. Should this occur, the Government will withhold lot acceptance and may immediately cease all production (Stop Work) from the contractor. The DCMA QAR will issue a CAR detailing the rationale for withholding acceptance. The contractor must segregate and refrain from using the material utilized in the failed lots in all other ongoing production lots, conduct an analysis, and submit a CAR response to the KO, DCMA QAR, ACO, PM SPE Soft Armor QAR, and COR NLT twenty-one (21) calendar days after notification of failure. The CAR and subsequent Government decision will follow the same provisions outlined in paragraph 8.5.2. Schedule delays due to the provisions of a pattern of negative trending or failure are the sole liability of the contractor.

8.4.2.4 Production Gap: A valid FAT Approval is required prior to the production of the MSV. If multiple ballistic packages and carrier designs have been approved over the course of the contract, each ballistic package and carrier design production time-line will be considered individually. If a contractor is not in production for more than one hundred eighty (180) calendar days their FAT Approval is no longer valid.

PM SPE will evaluate requirements for a new FAT on a case by case basis and, if a new FAT is required, it is at the contractor’s expense.

8.5 FAT Failure.

8.5.1 In the case of a FAT failure, the DCMA QAR will issue a CAR to the contractor. Based on the severity of the failure and the contractor’s ability to correctly identify the root cause and correct the failure, the contractor may be required to resubmit the required FAT articles for testing. If a new FAT is required, it is at the contractor’s expense.

8.5.2 Corrective Action Request (CAR). Upon receipt of a CAR from DCMA, the contractor must conduct a failure analysis and provide a CAR response to the KO, DCMA QAR, Administrative Contracting Officer (ACO), PM SPE Soft Armor QAR, and the COR. The CAR response must be completed utilizing the PM SPE CAR Response Template provided in SoW Exhibit 4. The contractor must include in the response all salient information from the failure analysis performed (i.e. detailed failure analysis methodology, testing, root cause analysis for the failure in the production process and quality assurance system, corrective action plan, validation plan, etc.) to assess the effectiveness of the corrective action and proposed disposition of the failed item and Lot, and containment actions. The contractor must include in the CAR response documented evidence that rejected items will not be 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 the delivery timeline are outlined in SoW Exhibit 4.

8.5.3 The contractor’s CAR response and re-submitted FAT articles must meet the Government’s requirements before FAT approval is granted. If schedule delays are incurred due to FAT failures, it is the contractor’s responsibility to notify the Government of the delays, propose a Government accepted timeline to resolve the failures, if possible, initiate a waiver, or request a contract modification to update the schedule for product resubmission.

8.6 Conditional FAT Approval: If a contractor’s FAT submission items contain ballistic or non-ballistic non-conformances they will be documented in the ATC Detail Test Report and, DCMA will issue a CAR to the prime contractor. If the Government accepts the contractor’s CAR response but production or manufacturing procedures were changed in response to the CAR the Government may send the contractor a Conditional FAT Approval letter for conditional production authorization. However, if a contractor is conditionally approved to produce MSVs and is subsequently awarded a delivery order, they are only eligible to produce up to the first four (4) MSV production lots while the Government performs a PRR to ensure consistency in the production of the MSVs. Upon successful completion of the PRR, PM SPE will recommend Full FAT Approval and full production authority to the KO.

8.7 FAT Waiver: Applies to a contractor who has a FAT approval, for the same item, under a separate contract.

8.7.1 If the contractor’s proposed MSV was previously FAT approved within the last one hundred-eighty (180) calendar days but has not been in production yet the contractor may request a FAT waiver for which the contractor must provide a copy of the FAT (ballistic and non-ballistic) test results demonstrating compliance with the MSV requirements and a CoC to demonstrate material compliance.

The Government will outline PRR requirements in the Government’s approved waiver.

8.7.2 If the contractor’s MSV design is FAT Approved and has been in production within the past one hundred-eighty (180) calendar days on a separate contract, the contractor may request a waiver and must provide a copy of the FAT Approval Letter from the Government to demonstrate compliance with the requirements and a CoC to demonstrate production of this package.

8.8 Addresses for Test and Production Items Submission.

8.8.1 Addresses for FAT articles and LAT samples: Test items must be submitted in a DD1222 format for evaluation to the following addresses:

CONTACT INFORMATION

DODACC: W81C5M

U.S. Army Aberdeen Test Center Building 358 6850 Lanyard Road Aberdeen Proving Ground, MD 21005

Points of Contact Joel B. Heath

(410) 278-4573 Joel.b.heath2.civ@mail.mil

8.8.2 Address for Delivery of Production Items: MSV accepted production items must be submitted utilizing DoD formDD1222 to the following address:

CONTACT INFORMATION

DODACC: W912H7

Peckham, Inc.

PM-SPIE Staging Facility 7100 Millett Highway Lansing, MI 48917

Points of Contact Sara Trimmer/Jim Gustafson Peckham Inc.

517-316-4315/4072

Dr. Stephen Tedeschi PM Soldier Protective Equipment 703-704-9326 stephen.t.tedeschi.civ@mail.mil

9. FILE FORMATS:

9.1 The contractor must follow the file formats specific below (or compatible with) for document creation. If a file submitted requires a password to access the content, the password will be supplied to the Government. Spreadsheet formulas must be accessible without password restriction.

Narrative Microsoft Word 2013 Adobe Portable Document Format (PDF) Spreadsheets Microsoft Excel 2013 Presentations Microsoft PowerPoint 2013 Pictures JPEG Patterns/Drawings AccuMark®

10. QUALITY ASSURANCE:

10.1 Early life failures are caused by latent defects; therefore the contractor must implement product assurance to eliminate and minimize these defects to meet the Government’s requirement of good quality, durability, and resultant reliability in the field. The contractor must have a Quality Management System (QMS) that meets the requirements of Quality stated in this document and complies with the product specification. As such, the contractor must establish, document, implement and maintain a QMS and continually improve its effectiveness in accordance with the requirements of ISO 9001:2015, or latest equivalent. The contractor must monitor, assess, and audit raw material quality, product performance, and reliability at all subcontractor and supplier facilities. All requirements of the contract apply to subcontractors and suppliers. The Government reserves the right to audit and test MSV products and processes, as well as the QMS, at any stage of contract performance.

10.2 Quality Management System (QMS).

10.2.1 The contractor must have a QMS that adheres to the requirements of FAR 52.246-11. Higher-Level Contract Quality Requirement. The contractor must 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 must monitor, assess, and audit quality and reliability of the QMS at all subcontractor and supplier facilities. As part of the QMS, the contractor must maintain the systems in paragraph

10.2.2 and 10.2.3 below.

10.2.2 The Contractor must develop and maintain Statistical Process Control (SPC) system, Pareto Charts to control critical processes for the product under contract; the results of these metrics must be presented upon request at any contractually required review meeting outlined in SoW Section 17.

10.2.3 The contractor must maintain a calibration system IAW ANSI/NCSL Z540.3-2006 or higher 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).

10.2.4 The contractor must provide certification of conformance or equivalence to ISO 9001:2015 and ANSI/NCSL Z540.3-2006, or latest equivalent, within fourteen (14) calendar days of contract award unless this requirement is met during the proposal phase of the contract. CoCs and supporting test data, for all components/material performance as stated in the product specification document, must be provided to DCMA at the time FAT and LAT samples are present for Inspection and Acceptance. The contractor must ensure that all CoCs and supporting test results are attached to DoD form DD1222 and in the appropriate format specified in 8.2.

10.3 Quality Audits: The Government reserves the right to audit the contractor’s QMS for all products and processes related to the contract at any stage of contract performance. These audits may be part of the QMS, a particular process, production, or the product. These reviews and audits by the Government will not relieve the contractor of their responsibility to conduct internal audits and maintain all processes and systems required for the production of the product.

10.4 Quality Manual. The contractor must plan for achieving customer satisfaction and assure that the product meets contractual and internal requirements. After contract award, copies should be submitted to the PM SPE QAR, the KO, and appropriate DCMA QARs.

10.4.1 The Quality Manual must be compliant with the requirements of ISO 9001:2015 or higher Industry Standard for QMS. 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 must be submitted in their entirety.

10.4.2 In conjunction with the Quality Manual the contractor must provide a cross-walk matrix (Technical Exhibit 3 – PM SPE Form 11) to further demonstrate how their processes map to ISO 9001:2015, or latest equivalent, elements and where there are no written procedures, a brief explanation of how they meet the ISO 9001:2015, or latest equivalent, standard requirements.

10.5 Subcontractor and Supplier Management: All requirements of the contract apply to subcontractors and suppliers. The contractor must ensure that all applicable quality requirements, associated specifications, and any other contractual agreements are conveyed contractually to their subcontractors and suppliers, and that compliance is verified by the contractor. The contractor must monitor, assess, and audit quality and reliability at all subcontractor and supplier facilities.

10.5.1 Subcontractor Management Plan (SMP): The contractor must ensure that all procedures and policies for managing subcontractor and supplier quality are documented.

10.5.1.1 The SMP must identify processes for selecting, qualifying, and managing subcontractors and suppliers (to include the schedule and assessment cycle for physical audits and reviews), managing product and processes, flowing applicable requirements to subcontractors and suppliers, assessing subcontractor and suppliers capabilities, verifying compliance of subcontractors and suppliers, and establishing metrics for continuously monitoring and rating supplier performance, flow chart showing the supply chain (Sub-contractors and Suppliers baselined) for the item being manufactured; manufacturers of all components and assemblies must be specifically identified on the flow chart, letter of Intent for all subcontractor and supplier. The Supplier Rating System must be provided to the Government at the Post Award Conference (PAC) and reviewed during the In-plant Audit. The SMP must identify subassembly manufacturing or processes to be performed by any subcontractor and supplier; the contractor must maintain a list of qualified subcontractor/suppliers and their current rating. The contractor must maintain documented evidence that the subcontractors and suppliers meet all criteria related to the contract materials and processes, including an ISO 9001:2015, or latest equivalent, compliant QMS. All procedures describing the activities needed to implement the SMP must be submitted in their entirety.

10.5.1.2 The SMP must address product acceptance requirements (if not already specified in the contract or performance specification) for suppliers and emphasis must be placed on product verification at the supplier level in order to identify and correct defects at the earliest point of production, inspection, and testing. The contractor must identify key features, characteristics and performance requirements that must be verified at the component acceptance test level.