2.1.1 70B06C25Q00000071 Attachment 2- Statement of Work.pdf

CBP LESC Oleoresin Capsicum (OC) Handheld Spray Devices 70B06C25Q00000071

Attachment 2

Request for Quote (RFQ)

70B06C25Q000000071

Attachment 2- Statement of Work

CBP Oleoresin Capsicum (OC) Handheld Spray Devices

March 2025

1. BACKGROUND: The Department of Homeland Security (DHS), U.S. Customs and

Border Protection (CBP) has a requirement for the procurement of Oleoresin Capsicum

(OC) Handheld Spray Devices, to be used for training and law enforcement operations.

This effort is integral to providing effective Use of Force equipment to officers and agents.

This contract shall be awarded and administered by CBP, however it will be a DHS

Strategic Source contract that will allow DHS agencies, as well as other Federal Law

Enforcement Agencies, to purchase off of this contract.

2. SCOPE: This statement of work delineates the required design and performance criteria for the acquisition of Oleoresin Capsicum (OC) Handheld Spray Devices for U.S.

Customs and Border Protection (CBP), Department of Homeland Security (DHS). The overall requirements will include:

• OC handheld spray

• Multiple canister sizes

• Various spray patterns

3. APPLICABLE DOCUMENTS:

3.1. CBP Use of Force Policy (January 2021)

4. GENERAL REQUIREMENTS:

4.1. Contractor shall provide the following documents to the Government as part of initial solicitation submissions, and updated throughout the life of the contract as changes to the following documents are made with the intent for the Government to have the most recent versions at all time:

4.1.1. Active Ingredient list

4.1.2. Material Safety Data Sheet (MSDS) / Safety Data Sheet (SDS) covering all ingredients. All ingredients must be completely non-hazardous, non-toxic, non-flammable, and environmentally safe.

4.1.3. Letter from the manufacturer indicating it is an authorized distributor

/ retailer of all items listed in Section 5.

4.2. Contractor shall provide documentation proving they meet or exceed the following standards as part of initial solicitation submissions, and maintain documentation throughout the life of the contract as the standards and/or regulations are updated:

4.2.1. Occupational Safety and Health Standards (29 CFR 1910)

4.2.2. Test for Skin Irritant (16 CFR 1500.41)

4.2.3. Labeling of self-pressurized canisters (16 CFR 1500.130)

4.2.4. Test for eye irritant (16 CFR 1500.42)

4.2.5. Acute Inhalation Toxicity Study (16 CFR 1500.3)

4.2.6. Oleoresin Capsicum Assay (AOAC 995.03)

4.3. Manufacturer shall be ISO 9001 Certified.

4.4. All products shall have a minimum five (5) year shelf life.

4.5. All products shall fully operate in temperatures ranging from 0F to 120F.

4.6. All products shall be Electronic Incapacitation Device (EID) compatible.

4.7. All products shall maintain 1.33% Major Capsaicinoids (MC) +/- 5% and

2,000,000 Scoville Heat Units when tested utilizing High Performance Liquid

Chromatography (HPLC) batch testing unless otherwise specified in Section

5.0.

4.8. All products shall contain at least 10% Oleoresin Capsicum.

4.9. All products shall maintain a consistent operating pressure.

4.10. All products shall contain Ultraviolet Marking Dye.

4.11. The contractor shall not make any alterations or substitutions without prior notification, and written approval by the COR.

5. TECHNICAL REQUIREMENTS: As defined by the testing standard, all items must be able to meet the minimum capabilities:

5.1. Cone / Fog (active): Shall project a minimum of eight (8), one (1) second dispersions, producing a 4 – 8-inch diameter spray pattern at a distance of six (6) feet.

5.1.1. 1.33% Major Capsaicinoids (MC) +/- 5% and 2,000,000 Scoville

Heat Units when tested utilizing High Performance Liquid

Chromatography (HPLC).

5.1.2. Actuator: Flip-Top

5.1.3. Canister Construction: Aluminum

5.1.4. Canister Size: MK3

5.1.5. Length: 4.5 inches +/- .1

5.1.6. Diameter: 1.5 inches +/- .01

5.1.7. Net Weight: 2 ounces +/- .3

5.2. Cone / Fog (inert): Shall project a minimum of eight (8), one (1) second dispersions, producing a 4 – 8-inch diameter spray pattern at a distance of six (6) feet.

5.2.1. Actuator: Flip-Top

5.2.2. Canister Construction: Aluminum

5.2.3. Canister Size: MK3

5.2.4. Length: 4.5 inches +/- .1

5.2.5. Diameter: 1.5 inches +/- .01

5.2.6. Net Weight: 2 ounces +/- .3

5.3. Stream (active): Shall project a minimum of ten (10), one (1) second stream dispersions, effectively impacting a target at a minimum distance of fifteen (15) feet regardless of canister angle or orientation.

5.3.1. Shall be ASTM E3187 certified.

5.3.2. 1.33% Major Capsaicinoids (MC) +/- 5% and 2,000,000 Scoville

Heat Units when tested utilizing High Performance Liquid

Chromatography (HPLC).

5.3.3. Actuator: Flip-Top 360 Degree Dispersion

5.3.4. Canister Construction: Aluminum

5.3.5. Canister Size: MK3

5.3.6. Length: 4.5 inches +/- .1

5.3.7. Diameter: 1.5 inches +/- .01

5.3.8. Net Weight: 1.5 ounces +/- .3

5.4. Stream (inert): Shall project a minimum of ten (10), one (1) second stream feet regardless of canister angle or orientation.

5.4.1. Actuator: Flip-Top 360 Degree Dispersion

5.4.2. Canister Construction: Aluminum

5.4.3. Canister Size: MK3

5.4.4. Length: 4.5 inches +/- .1

5.4.5. Diameter: 1.5 inches +/- .01

5.4.6. Net Weight: 1.5 ounces +/- .3

5.5. Foam (active): Shall project a minimum of ten (10), one (1) second dispersions, producing a consistent spray pattern at a distance of eight (8) feet.

5.5.1. 1.33% Major Capsaicinoids (MC) +/- 5% and 2,000,000 Scoville

Heat Units when tested utilizing High Performance Liquid

Chromatography (HPLC).

5.5.2. Actuator: Flip-Top

5.5.3. Canister construction: Aluminum

5.5.4. Canister Size: MK3

5.5.5. Length: 4.5 inches +/- .1

5.5.6. Diameter: 1.5 inches +/- .01

5.5.7. Net Weight: 1.9 ounces +/- .1

5.6. Foam (inert): Shall project a minimum of ten (10), one (1) second dispersions, producing a consistent spray pattern at a distance of eight (8) feet.

5.6.1. Actuator: Flip-Top

5.6.2. Canister Construction: Aluminum

5.6.3. Canister Size: MK3

5.6.4. Length: 4.5 inches +/- .1

5.6.5. Diameter: 1.5 inches +/- .01

5.6.6. Net Weight: 1.9 ounces +/- .1

5.7. ¾ Ounce Stream (active): Shall project a minimum of six (6), one (1) second stream dispersions, effectively impacting a target at a minimum distance of twelve (12) feet.

5.7.1. 1.33% Major Capsaicinoids (MC) +/- 5% and 2,000,000 Scoville

Heat Units when tested utilizing High Performance Liquid

Chromatography (HPLC).

5.7.2. Actuator: Flip Top

5.7.3. Canister Construction: Hard plastic case

5.7.4. Clip Type: Reversible pocket clip

5.7.5. Canister Size: MK22

5.7.6. Length: 4.75 inches +/- .1

5.7.7. Diameter (not including clip): 1 inch +/- .2

5.7.8. Net Weight: .75 ounces + / - .1 ounce

5.8. ¾ ounce Stream (inert): Shall project a minimum of six (6), one (1) second twelve (12) feet.

5.8.1. Actuator: Flip Top

5.8.2. Canister Construction: Hard plastic case

5.8.3. Clip Type: Reversible pocket clip

5.8.4. Canister Size: MK22

5.8.5. Length: 4.75 inches +/- .1

5.8.6. Diameter (not including clip): 1 inch +/- .2

5.8.7. Net Weight: .75 ounces + / - .1 ounce

5.9. 16-ounce stream (active): Shall project a minimum of eight (8), one (1) second twenty (20) feet.

5.9.1. 1.33% Major Capsaicinoids (MC) +/- 5% and 2,000,000 Scoville

Heat Units when tested utilizing High Performance Liquid

Chromatography (HPLC).

5.9.2. Actuator: Pistol Grip Handle with Trigger

5.9.3. Canister Size: MK9

5.9.4. Length: 10.5 inches +/- .1

5.9.5. Canister Diameter: 2.5 inches +/- .5

5.10. 16-ounce stream (inert): Shall project a minimum of eight (8), one (1) second twenty (20) feet.

5.10.1. Actuator: Pistol Grip Handle with Trigger

5.10.2. Canister Size: MK9

5.10.3. Length: 10.5 inches +/- .1

5.10.4. Canister Diameter: 2.5 inches +/- .5

5.11. 16-ounce Foam (active): Shall project a minimum of ten (10), one second stream dispersions, effectively impacting a target at a minimum distance of ten

(10) feet.

5.11.1. 1.33% Major Capsaicinoids (MC) +/- 5% and 2,000,000 Scoville

Heat Units when tested utilizing High Performance Liquid

Chromatography (HPLC).

5.11.2. Actuator: Pistol Grip Handle with Safety Pin

5.11.3. Canister Construction: Aluminum

5.11.4. Canister Size: MK9

5.11.5. Length: 10.5 inches +/- .25

5.11.6. Diameter: 2.5 inches

5.12. 16-ounce Foam (inert): Shall project a minimum of ten (10), one second stream dispersions, effectively impacting a target at a minimum distance of ten

(10) feet.

5.12.1. Actuator: Pistol Grip Handle with Safety Pin

5.12.2. Canister Construction: Aluminum

5.12.3. Canister Size: MK9

5.12.4. Length: 10.5 inches +/- .25

5.12.5. Diameter: 2.5 inches

5.13. 16-ounce Fog (active): Shall project a minimum of twelve (12), one second twenty (20) feet.

5.13.1. 1.33% Major Capsaicinoids (MC) +/- 5% and 2,000,000 Scoville

Heat Units when tested utilizing High Performance Liquid

Chromatography (HPLC).

5.13.2. Actuator: Pistol Grip Handle with Safety Pin

5.13.3. Canister Construction: Aluminum

5.13.4. Canister Size: MK9

5.13.5. Length: 10.5 inches +/- .25

5.13.6. Diameter: 2.5 inches

5.14. 16-ounce Fog (inert): Shall project a minimum of twelve (12), one second twenty (20) feet.

5.14.1. Actuator: Pistol Grip Handle with Safety Pin

5.14.2. Canister Construction: Aluminum

5.14.3. Canister Size: MK9

5.14.4. Length: 10.5 inches +/- .25

5.14.5. Diameter: 2.5 inches

5.15. 16-ounce Evaporating Fog (active): Shall project a minimum of twelve (12), one second dispersions, effectively impacting a target at a minimum distance of twenty (20) feet.

5.15.1. 1.33% Major Capsaicinoids (MC) +/- 5% and 2,000,000 Scoville

Heat Units when tested utilizing High Performance Liquid

Chromatography (HPLC).

5.15.2. Actuator: Pistol Grip Handle with Safety Pin

5.15.3. Canister Construction: Aluminum

5.15.4. Canister Size: MK9

5.15.5. Length: 10.5 inches +/- .25

5.15.6. Diameter: 2.5 inches

5.16. 16-ounce Evaporating Fog (inert): Shall project a minimum of twelve (12), one second dispersions, effectively impacting a target at a minimum distance of twenty (20) feet.

5.16.1. Actuator: Pistol Grip Handle with Safety Pin

5.16.2. Canister Construction: Aluminum

5.16.3. Canister Size: MK9

5.16.4. Length: 10.5 inches +/- .25

5.16.5. Diameter: 2.5 inches

5.17. Stream (active): Shall project a minimum of sixteen (16), one (1) second fifteen (15) feet.

5.17.1. 1.33% Major Capsaicinoids (MC) +/- 5% and 2,000,000 Scoville

Heat Units when tested utilizing High Performance Liquid

Chromatography (HPLC).

5.17.2. Shall be ASTM E3187 certified.

5.17.3. Actuator: Flip Top

5.17.4. Canister Construction: Aluminum

5.17.5. Canister Size: MK4

5.17.6. Length: 6.25 inches

5.17.7. Diameter: 1.5 inches

5.17.8. Net Weight: 3 ounces +/- .3

5.18. Stream (inert): Shall project a minimum of sixteen (16), one (1) second stream feet.

5.18.1. Actuator: Flip Top

5.18.2. Canister Construction: Aluminum

5.18.3. Canister Size: MK4

5.18.4. Length: 6.25 inches

5.18.5. Diameter: 1.5 inches

5.18.6. Net Weight: 3 ounces +/- .3

5.19. Decontamination Aerosol Spray: Aerosol spray to use as a wash that reduces irritation from OC exposure.

5.19.1. Canister Construction: Aluminum

5.19.2. Canister Size: MK3

5.19.3. Length: 4.5 inches +/- .1

5.19.4. Diameter: 1.5 inches +/- .01

5.19.5. Net Weight: 2 ounces +/- .3

6. QUALITY CONTROL (QC) / QUALITY ASSURANCE (QA)

6.1. The manufacturer shall maintain a quality control system in accordance with the

American Standards Institute (ANSI) for the following:

• Operation Test

• Temperature Cycle Test

• One Year Time Leakage Test

• Discharge Duration Test

• Operating Weight Test

• Pressure Vessel Test

• Intermittent Discharge Test

• Gasket Dependability Test

• High Temperature Exposure Test

• Hydrostatic Pressure Test

6.2. Delivery items which fail any portion of the contractor’s (including manufacturer’s) QC processes shall be rejected and not shipped. No further attempts shall be made to correct or otherwise remediate an item which has failed any portion of the QC testing, for purposes of delivery under this contract.

6.3. The Government may conduct periodic random QA testing of delivery items produced under this contract, to ensure items meet performance requirements for tests listed in Section 5.

6.4. QA may be conducted by Government personnel at a Government-owned facility or at an independent lab.

6.5. Delivery items which fail QA testing may be sent back to the contractor, at no cost to the Government, and replaced with an equal amount of new supplies. If a second or subsequent failure (for the same test) occurs within the same batch, this will be considered a batch failure. The contractor shall be notified by the

Contracting Officer Representative (COR), in writing, of the nature of the failure, defect, or deficiency and the contractor shall replace the entire batch at no cost to the Government.

6.6. Contractor shall take corrective action within seven (7) calendar days of written notification of any contract non-conformance. Corrective action shall include shipping of replacements for all defective, deficient, or suspect delivery items.

The contractor shall also provide a written failure analysis plan to the COR within seven (7) calendar days. A completed failure analysis report, to include preventative measures, shall be submitted to the COR within sixty (60) calendar days of notification from CBP.

7. WARRANTIES

7.1. Contractor shall warrant all products contained in this contract to be free of defects. Contractor further warrants that the product conforms to all applicable requirements as outlined within this Statement of Work and guarantees that the product will maintain useful shelf life under reasonable storage conditions (both

CONUS and OCONUS) for a period of five (5) years from the date of product acceptance.

7.2. The contractor shall provide to the COR a single point of contact (including name, phone number, and email address) who will handle all warranty claims occurring under this contract.

7.3. The contractor shall utilize FEDEX, UPS overnight, or other trackable next day service for all warranty shipments to the Government. Exemptions may be authorized by the COR on a case-by-case basis. All shipping charges associated with warranty claims (both to and from the Government) shall be the contractor’s responsibility.

7.4. The contractor shall provide a Manufacturer’s Certificate (Letter) of Warranty to include warranty coverage and timeframes for all items.

8. GOVERNMENT ACCESS OF THE CONTRACTOR’S FACILITY

8.1. The contractor shall permit the Government to conduct quality control inspections of the contractor’s facility (including production facility) to ensure consistency of manufacture and quality of products ordered and delivered.

8.2. The authorized inspection team shall be identified in writing by the Contracting

Officer (CO).

8.3. The minimum advance notice of inspection shall be three (3) business days.

8.4. Inspections may include all aspects of manufacturing, testing, quality control, and packaging.

9. PRODUCTION CAPACITY

9.1. The Contractor shall have the capacity to manufacture and/or distribute a minimum of 13,000 Oleoresin Capsicum (OC) Handheld Spray Devices per month.

9.2. Each order in excess of the minimum production capacity indicated above shall be shipped in accordance with any specific instructions in that order.

10. DISTRIBUTION AUTHORIZATION: In the event the Government approves a change in item per Section 18.1 of this SOW, the contractor, if different than the manufacturer, shall provide a letter from the manufacturer indicating it is an authorized distributor / retailer of the Oleoresin Capsicum (OC) Handheld Spray

Devices. Unauthorized distributors and retailers are unacceptable and will not be considered.

11. SHIPPING:

11.1. All orders shall be shipped FOB destination.

11.2. Shipping locations may be centralized or may include individual locations throughout CONUS, Alaska, Hawaii, Puerto Rico, Canada, Guam, and Saipan.

11.3. Shipping methods for each location may be specified by the ordering agency at the delivery order level and may vary depending on location, quantity of carriers, and receiver’s ability to handle freight shipments.

11.4. All shipments shall be trackable. Tracking information shall be provided to the

COR (or designate) upon request.

11.5. The contractor shall provide advanced notice of shipping via email two (2) business days prior to each shipment. Notification shall be sent to the COR or the designate, and to the local recipient for each shipping location. The local recipients name and point of contact information will be included on the delivery location spreadsheet that will be provided at the award of the contract / delivery order.

12. PACKAGING:

12.1. Material shall be packaged, packed and marked for shipment in such a manner that will ensure acceptance by common carriers and safe delivery destination.

12.2. Packages shall be clearly identified on the outer wrapping with the contract number and delivery / task order number, if applicable.

12.3. Pallets and associated packaging, when used for shipping, shall be fully enclosed, and shall be stackable allowing for a second complete pallet to be placed on top of a first complete pallet without structural problems or damage to the contents of either pallet.

13. CONTRACTOR PERFORMANCE CONFERENCES

13.1. Within 30 days of contract award, the contractor shall host a pre-production meeting telephonically.

13.2. CBP and the contractor may meet in person once per year, commencing six months after production begins and continuing approximately every year thereafter. These performance conferences are to discuss contract issues, review technical and financial status of the contract, discuss contractor and

Government performance, and to resolve any issues or problems as they may arise. Each year the meeting location shall be at the discretion of the

Government.

13.3. Government attendees may include, but are not limited to, the Contracting

Officer, Contract Specialist, COR, representatives from the DHS components and Law Enforcement Safety and Compliance (LESC) subject matter experts.

14. REPORTING REQUIREMENTS

14.1. A Delivery Order Report shall be sent to the COR on a quarterly basis, within

30 calendar days of quarter end. The report shall include a cumulative line-item

Excel spreadsheet of all delivery orders, and include the following:

14.1.1. Name of purchasing agency / group.

14.1.2. Delivery order number.

14.1.3. Unit cost.

14.1.4. Quantity of units on the delivery order.

14.1.5. Value of delivery order.

14.1.6. Current quantity of units shipped.

14.1.7. Remaining number of units to be shipped.

14.1.8. Total dollar amount spent against the contract to date.

14.2. Warranty Work Report shall be sent to the COR of the contract on a quarterly basis, within 30 calendar days of quarter end. The report shall include a line-item summary of all warranty activity, as well as, the numerical totals of claims received, total completed, and the average number of days required for completion. It shall be categorized by agency, purchasing group, or ordered chronologically by the date the contractor received notification. Each line in the report shall contain the following information:

14.2.1. Return merchandise authorization (RMA) #.

14.2.2. Date contractor was notified.

14.2.3. Date corrected item was shipped to contractor.

14.2.4. Brief statement of problem.

14.2.5. Brief statement of solution.

14.2.6. Date shipped back to the Government.

15. MEDIA STATEMENTS: All press statements and releases related to the contract shall receive advanced written approval by the Contracting Officer.

16. DELIVERABLES AND DELIVERY SCHEDULE:

16.1. Orders shall be delivered to the addresses per the delivery location spreadsheet that will be provided at the award of the delivery order (DO). Orders shall be delivered within 30 calendar days after award unless otherwise specified within each delivery order.

16.2. Quarterly reports identified in Section 14.1 of this SOW shall be delivered within 30 calendar days of quarter end.

17. SPECIAL CONSIDERATIONS:

17.1. No changes in formula or design of any product under this contract shall take place without prior notice to, and the prior approval of, the Contracting Officer

(CO). Prior notice shall include test results documenting compliance with all

SOW Section 4 requirements.