70B06C18D00000019_Signed.pdf
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- 70B06C18R00000026
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| Attachment_4_40MM_Delivery_Order_Spreadsheet.xlsx | XLSX spreadsheet | |
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70B06C18D00000019
12. DISCOUNT TERMS
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY CODE 10. THIS ACQUISITION IS
6. SOLICITATION
ISSUE DATE
3. AWARD/EFF. DATE 5. SOLICITATION NUMBER2. CONTRACT NO. 4. ORDER NUMBER
a. NAME b. TELEPHONE NUMBER (No collect calls)7. FOR SOLICITATION
INFORMATION CALL:
SET ASIDE : % FOR:
SMALL BUSINESS
NAICS:
SIZE STANDARD:
HUBZONE SMALL
BUSINESS
11. DELIVERY FOR FOB
DESTINATION UNLESS
BLOCK IS MARKED
SEE SCHEDULE
13b. RATING
14. METHOD OF SOLICITATION
IFB RFPRFQ
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY17a. CONTRACTOR/ CODE
OFFEROR
FACILITY
CODE
TELEPHONE NO.
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS
BLOCK BELOW IS CHECKED.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS
IN OFFER.
8(A)
06/20/2018 70B06C18R00000026
David Myers 317-614-4581 04/13/2018 1:00 PM EDT
DHS - Customs & Border Protection Customs and Border Protection 6650 Telecom Drive Intech 2, Suite 100
Indianapolis IN 46278
332994
Within 30 days Due net
See Attached Delivery Schedule DHS - Customs & Border Protection Customs and Border Protection 6650 Telecom Drive Intech 2, Suite 100 Indianapolis IN 46278
TRIDENT RIFLES LLC
1305 NAPA CT
SEVERN MD 21144-3360
PAGE OF PAGES1. REQUISITION NUMBERSOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12,17,23,24, & 30 1 25
ORDER UNDER DPAS (15 CFR 700)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
UNRESTRICTED OR
13a. THIS CONTRACT IS A RATED
079400721
03/13/2018
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
24.
AMOUNT
22.
UNIT
23.
UNIT PRICE
SEE ADDENDUM
WOMEN-OWNED SMALL BUSINESS (WOSB) ELIGIBLE
UNDER THE WOMEN-OWNED SMALL BUSINESS PROGRAM
EDWOSB
CODE
CODE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
31c. DATE SIGNED
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED.
A DDENDA
A DDENDA
A RE A RE NOT ATTACHED.
A RE A RE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND
RETURN
AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR
OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
29. AWARD OF CONTRACT: REF.
YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING
ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO
ITEMS:
OFFER DATED
30A. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE
SIGNED
31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
DAVID R MYERS
COPIES TO ISSUING OFFICE. CONTRACTOR
7FOEPS�TIBMM�QSPDFT�BMM�JOWPJDFT�UISPVHI�UIF�
*�1�1��TZTUFN��4FF�*�1�1��DMBVTF�PO�QBHF����
4FF�QSJDJOH�TDIFEVMF�PO�QBHF����GPS�VOJU�QSJDJOH�
6/20/18Sean Sullivan, CEO 06/20/2018
2 25
CONTRACT NO.: REQUISITION NUMBER AWARD/EFF. DATE
PAGE OF PAGES
ADDITIONAL INFORMATION:
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
32a. QUANTITY IN COLUMN 21 HAS BEEN
ACCEPTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVT. REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
FINALPARTIAL
36. PAYMENT 37. CHECK NUMBER
COMPLETE PARTIAL FINAL
39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)
41c. DATE 42b. RECEIVED AT (Location)
STANDARD FORM 1449 (REV. 2/2012) BACK
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
70B06C18D00000019 06/20/2018
SECTION I SCHEDULES
I.1 DESCRIPTION: US Customs and Border Protection (CBP) has identified a need for 40MM Less Lethal Launchers. This acquisition will be conducted using the Federal Acquisition Regulation (FAR) Parts 12 (Acquisition of Commercial Items),13 (Simplified Acquisition Procedures) and 15 (Contracting by Negotiation). This solicitation will result in a single award indefinite delivery/indefinite quantity (ID/IQ) contract.
I.2 MINIMUM GUARANTEE: The minimum guarantee of the contract is $10,000.00
I.3 MAXIMUM AMOUNT: The maximum amount of supplies that may be ordered over the life of the anticipated contract will not exceed a total of $998,557.65.
I.4 SCHEDULE OF SUPPLIES/SERVICES: Each individual delivery order will have its own schedule.
I.5 PERIOD OF PERFORMANCE: The period of performance of the anticipated contract is date of award through 60 months from date of award (5 years total). Delivery orders (DOs) may have a period of performance of 6 months beyond the last day of the contract’s period of performance. A DO may be placed against the anticipated contract on or before the last day of the contract’s period of performance.
I.6 OBLIGATION: The anticipated contract does not obligate any funding. The individual DOs placed against the contract will obligate the funding.
I.7 TYPES OF DELIVERY ORDERS: Any DOs awarded as a result of the anticipated contract shall be awarded on a firm fixed price (FFP) basis.
SECTION III CONTRACT CLAUSES
III.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
www.acquisition.gov
I. FEDERAL ACQUISITION REGULATION (48 CHAPTER 1) CLAUSES
NUMBER TITLE
III.2 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM
EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)
III.3 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)
III.4 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)
III.5 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)
III.6 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)
III.7 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JAN 2017)
III.8 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)
III.9 52.247-34 F.O.B. DESTINATION (NOV 1991)
III.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE
ORDERS - COMMERCIAL ITEMS (JAN 2017)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203–19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113–235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions))
(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)
(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108–77 and 108–78 (19 U.S.C.
3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate]
[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).
[] (3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109-
282) (31 U.S.C. 6101 note).
[] (5) [Reserved].
[] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
[] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).
[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) (31 U.S.C. 6101 note).
[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C.
2313)
[] (10) [Reserved].
[] (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
[] (ii) Alternate I (Nov 2011) of 52.219-3.
[] (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[] (ii) Alternate I (JAN 2011) of 52.219-4.
[] (13) [Reserved]
[] (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
[] (ii) Alternate I (NOV 2011).
[] (iii) Alternate II (NOV 2011).
[] (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).
[] (ii) Alternate I (OCT 1995) of 52.219-7.
[] (iii) Alternate II (MAR 2004) of 52.219-7.
[X] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).
[X] (17) (i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4).
[] (ii) Alternate I (NOV 2016) of 52.219-9.
[] (iii) Alternate II (NOV 2016) of 52.219-9.
[] (iv) Alternate III (JAN 2017) of 52.219-9.
[] (v) Alternate IV (JAN 2017) of 52.219-9.
[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).
[] (20) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).
[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).
[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C. 632(a)(2)).
[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).
[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).
[X] (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
[X] (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (OCT 2016) (E.O. 13126).
[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[X] (28) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
[X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).
[X] (30) 52.222-36, Affirmative Action for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
[X ] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).
[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
[] (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
[X] (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).
[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693)
[] (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
[] (ii) Alternate I (OCT 2015) of 52.223-13.
[] (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-14.
[] (42) 52.223-15, Energy Efficiency in Energy--Consuming Products (DEC 2007) (42 U.S.C. 8259b).
[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-16.
[] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011).
[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).
[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[] (ii) Alternate I (JAN 2017) of 52.224-3.
[X] (48) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).
[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103–182, 108–77, 108– 78, 108–286, 108–302, 109–53, 109–169, 109–283, 110–138, 112–41, 112–42, and 112–43.
[] (ii) Alternate I (MAY 2014) of 52.225-3.
[] (iii) Alternate II (MAY 2014) of 52.225-3.
[] (iv) Alternate III (MAY 2014) of 52.225-3.
[] (50) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
[] (53) 52.226-4, Notice of Disaster or Emergency Area set-Aside (NOV 2007)
[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007)
[] (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C.
2307(f)).
[] (56) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[X] (57) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (JUL 2013) (31 U.S.C.
3332).
[] (58) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
[] (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[] (60) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[] (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).
[] (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx.
1241(b) and 10 U.S.C. 2631).
[] (ii) Alternate I (APR 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).
[] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
[] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[] (4) 52.222–43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. Chapter 67).
[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
[ ] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Executive Order 13658)
[] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706)
[] (10) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
[] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).
(ii) 52.203–19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.
L. 113–235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222–17.
(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015)
(vi) Equal Opportunity (SEP 2016) (E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).
(viii) 52.222-36, Affirmative Action for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
(ix) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212)
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xi) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
(xii) [X] (A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).
[] (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xv) 52.222-54, Employment Eligibility Verification (OCT 2015).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Executive Order 13658).
(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).
(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xx) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
III.11 52.216-18 ORDERING (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from through .
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail.
Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of clause)
III.12 52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor--
(1) Any order for a single item in excess of ; $750,000.00
(2) Any order for a combination of items in excess of ; or $750,000.00
(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.
Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
III.13 52.216-22 INDEFINITE QUANTITY (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.
The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the
Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the contract completion date plus 6 months .
(End of clause)
III.14 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
(a)The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.
(End of clause)
III.15 SPECIFICATIONS, STATEMENT OF WORK, STATEMENT OF OBJECTIVES OR PERFORMANCE WORK
STATEMENT ATTACHED (JUN 2013)
The Specifications, Statement of Work, Statement of Objectives or Performance Work Statement which describe the work to be performed hereunder, although attached, is incorporated and made a part of this document with the same force and effect of “specifications” as described in the clause, Order of Precedence, FAR 52.215-8 incorporated herein by reference.
[End of Clause]
III.16 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL
ITEMS (SEP 2012)
The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:
[The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.]
(a) Provisions.
[] 3052.209-72 Organizational Conflicts of Interest.
[] 3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.
[] 3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.
(b) Clauses.
[X] 3052.203-70 Instructions for Contractor Disclosure of Violations.
[] 3052.204-70 Security Requirements for Unclassified Information Technology Resources.
[] 3052.204-71 Contractor Employee Access.
[] Alternate I
[X] 3052.205-70 Advertisement, Publicizing Awards, and Releases.
[] 3052.209-73 Limitation on Future Contracting.
[] 3052.215-70 Key Personnel or Facilities.
[] 3052.216-71 Determination of Award Fee.
[] 3052.216-72 Performance Evaluation Plan.
[] 3052.216-73 Distribution of Award Fee.
[] 3052.219-70 Small Business Subcontracting Plan Reporting.
[] 3052.219-71 DHS Mentor Protégé Program.
[] 3052.228-70 Insurance.
[] 3052.236-70 Special Provisions for Work at Operating Airports.
[] 3052.242-72 Contracting Officer’s Technical Representative.
[] 3052.247-70 F.o.B. Origin Information.
[] Alternate I
[] Alternate II
[] 3052.247-71 F.o.B. Origin Only.
[X] 3052.247-72 F.o.B. Destination Only.
(End of clause)
III.17 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS - (JUL 2016) (DEVIATION)
(a) The Contractor shall not require its employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the execution of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).
(b) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any internal confidentiality agreements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.
(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d) In accordance with Section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235) use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(e) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.
(f) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.
(End of clause)
III.18 CONTRACT TYPE (OCT 2008)
This is an Indefinite Delivery / Indefinite Quantity Contract.
[End of Clause]
III.19 PERIOD OF PERFORMANCE (MAR 2003)
The period of performance of this contract shall be date of award through 5 years.
[End of Clause]
III.20 CONTRACTING OFFICER'S AUTHORITY (MAR 2003)
The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor effects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, or to modify any term or condition of the contract.
The Contracting Officer is the only individual who can legally obligate Government funds. No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.
[End of Clause]
III.21 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING PLATFORM (IPP) (JAN 2016)
Beginning April 11, 2016, payment requests for all new awards must be submitted electronically through the U. S.
Department of the Treasury's Invoice Processing Platform System (IPP). Payment terms for existing contracts and orders awarded prior to April 11, 2016 remain the same. The Contractor must use IPP for contracts and orders awarded April 11, 2016 or later, and must use the non-IPP invoicing process for those contracts and orders awarded prior to April 11, 2016.
"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), "Payment documentation and process" and the applicable Prompt Payment clause included in this contract. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP:
The IPP was designed and developed for Contractors to enroll, access and use IPP for submitting requests for payment.
Contractor assistance with enrollment can be obtained by contacting IPPCustomerSupport@fms.treas.gov or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer.
(End of Clause)
*OWPJDFT
III.22 DISCLOSURE OF INFORMATION (MAR 2003)
A. General
Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of the contract.
B. Technical Data Rights
The Contractor shall not use, disclose, reproduce, or otherwise divulge or transfuse to any persons any technical information or data licensed for use by the Government that bears any type of restrictive or proprietary legend except as may be necessary in the performance of the contract. Refer to the Rights in Data clause for additional information.
C. Privacy Act
In performance of this contract the Contractor assumes the responsibility for protection of the confidentiality of all Government records and/or protected data provided for performance under the contract and shall ensure that (a) all work performed by any subcontractor is subject to the disclosure restrictions set forth above and (b) all subcontract work be performed under the supervision of the Contractor or their employees.
[End of Clause]
III.23 ORDERING PROCEDURES - SUPPLIES (OCT 2007)
Ordering of supplies under this contract shall be accomplished by the issuance of written delivery orders specifying the types and quantities of supplies being ordered. All delivery orders issued under this contract shall conform to the provisions of the contract clauses, "Ordering", FAR 52.216-18 and "Order Limitations," FAR 52.216-19.
The only office(s) authorized to issue delivery orders under this contract are:
(1) U.S. Customs & Border Protection
[End of Clause]
III.24 PACKAGING, PACKING AND MARKING (MAR 2003)
Material shall be packaged, packed and marked for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination.
Packages shall be clearly identified on the outer wrapping with the contract number and delivery /task order number, if applicable.
[End of Clause]
III.25 GOVERNMENT CONSENT OF PUBLICATION/ENDORSEMENT (MAR 2003)
Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any news release or commercial advertising without first obtaining explicit written consent to do so from the Contracting Officer
The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.
[End of Clause]
III.26 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE (JUL 2014)
A. Contractor Performance Evaluations Interim and final performance evaluation reports will be prepared on this contract or order in accordance with FAR Subpart 42.15. A final performance evaluation report will be prepared at the time the work under this contract or order is completed. In addition to the final performance evaluation report, an interim performance evaluation report will be prepared annually to coincide with the anniversary date of the contract or order.
Interim and final performance evaluation reports will be provided to the contractor via the Contractor Performance Assessment Reporting System (CPARS) after completion of the evaluation. The CPARS Assessing Official Representatives (AORs) will provide input for interim and final contractor performance evaluations. The AORs may be Contracting Officer’s Representatives (CORs), project managers, and/or contract specialists. The CPARS Assessing Officials (AOs) are the contracting officers (CO) or contract specialists (CS) who will sign the evaluation report and forward it to the contractor representative via CPARS for comments.
The contractor representative is responsible for reviewing and commenting on proposed ratings and remarks for all evaluations forwarded by the AO. After review, the contractor representative will return the evaluation to the AO via
CPARS.
The contractor representative will be given up to fourteen (14) days to submit written comments or a rebuttal statement. Within the first seven (7) calendar days of the comment period, the contractor representative may request a meeting with the AO to discuss the evaluation report. The AO may complete the evaluation without the contractor representative’s comments if none are provided within the fourteen (14) day comment period. Any disagreement between the AO/CO and the contractor representative regarding the performance evaluation report will be referred to the Reviewing Official (RO) within the division/branch the AO is assigned. Once the RO completes the review, the evaluation is considered complete and the decision is final.
Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file and may be used in future award decisions.
B. Designated Contractor Representative The contractor must identify a primary representative for this contract and provide the full name, title, phone number, email address, and business address to the CO within 30 days after award.
C. Electronic Access to Contractor Performance Evaluations The AO will request CPARS user access for the contractor by forwarding the contractor’s primary and alternate representatives’ information to the CPARS Focal Point (FP).
The FP is responsible for CPARS access authorizations for Government and contractor personnel. The FP will set up the user accounts and will create system access to CPARS.
The CPARS application will send an automatic notification to users when CPARS access is granted. In addition, contractor representatives will receive an automated email from CPARS when an evaluation report has been completed.
(End of Clause)
Statewment of Work (SOW)
Customs and Border Protection 40MM Less Lethal Launcher
1. BACKGROUND:
1.1. The Department of Homeland Security (DHS), Customs and Border Protection (CBP) has a requirement for the procurement of single shot, 40MM Less Lethal Launchers.
1.2. This contract shall be awarded and administered by U.S. Customs and Border Protection (CBP).
2. SCOPE:
2.1. This statement of work delineates the required design and performance criteria for the acquisition of 40MM Less Lethal Launchers for CBP.
3. APPLICABLE DOCUMENTS:
3.1. CBP Use of Force Policy (4500-01B).
4. TECHNICAL and ADMINISTRATIVE REQUIREMENTS:
Vendor shall provide manufacturer’s performance and technical specifications of device submitted. Specifications shall address all technical requirements listed within this document.
4.1. Single Fire 40MM Less Lethal Launcher
4.1.1. Caliber: 40MM
4.1.2. Operation: Fully mechanical, no electronic controls.
4.1.3. Loading: Shall have a top or ambidextrous breach loading ability.
4.1.4. Breach Release: Breach release shall be ambidextrous. It shall have no external springs.
4.1.5. Trigger: Double action only trigger.
4.1.6. Safety: Shall have an ambidextrous safety mechanism.
Shall have ability to manipulate safety when buttstock is in the extended position and the collapsed position.
4.1.7. Hammer: Hammer shall be fully internal.
Statement of Work (SOW)
40MM Less Lethal Launcher
4.1.8. Sights: Shall have (white or visibly colored) front post sight and notch or ring rear sights. Sights shall be constructed of steel or hardened aluminum, be an independent matched set, and attached to the device via 1913 Picatinny rail.
4.1.9. Barrel: Device shall be equipped with a single, corrosive resistant, rifled barrel with a minimum length of 9 inches. Barrel shall not exceed 10.5 inches and shall extend at least 0.75 inches beyond the 6 o’clock Picatinny rail. Operating Temperature: Shall be able to fully operate in temperatures ranging from -40 F to 140 F.
4.1.10. Ruggedized: Shall be resistant to environmental factors such as rain, salt water, dust, sand, and snow.
4.1.11. Munitions Compatibility: Shall be able to launch full array of non-lethal munitions with various lengths, ranging from 2.85 inches to 5.0 inches.
4.1.12. Appearance: Shall be monochromatic in color (to include the barrel, frame, grip, and buttstock) and be either black or dark tan.
Markings shall be limited to serial number, manufacturer information, country of origin, model, caliber, and import information (if applicable), and safety or breech opening identifiers. All markings shall be consistent in size and font. The device shall not be marked with inconsistent graphics.
4.1.13. Sling: Shall be equipped with at least one single-point sling attachment, located within 2 inches of mating point of the device frame and buttstock. At least one sling attachment point must be able to be accessed from the right and left side of the device.
4.1.14. Extended Length: Device length shall be between 19 inches and 22 inches, from fully extended buttstock to muzzle.
4.1.15. Collapsed Length: Device length shall be no more than 14 inches, from most rearward point of device to muzzle.
4.1.16. Extended Height: Device height shall be no more than 9 inches from the furthest vertical points of the device, when extended.
4.1.17. Collapsed Height: Device height shall be no more than 9 inches from the furthest vertical points of the device, when collapsed.
4.1.18. Extended Width: Device width shall be no more than 2.95 inches from the furthest width points of the device, when extended.
40MM Less Lethal Launcher
4.1.19. Collapsed Width: Device width shall be no more than 4.25 inches from the furthest width points of the device, when collapsed.
4.1.20. Weight (unloaded): Weight of device, to include all
requirements specified in the SOW, shall not exceed 6lbs.
4.1.21. Accessory Rails: Shall be equipped with 1913 Picatinny rails at the 12, 3, 6, and 9 O’clock positions. The 12 O’clock rail shall have a minimum length equal to the length of the barrel. The 12 O’clock rail shall provide mounting space for rail mounted front sight within 0.5 inches of the muzzle, mounting space for rail mounted rear sight within 1.0 inches of the breach opening, and mounting space between the front and rear sights for accessory optics. The 3 and 9 o’clock rails shall be a minimum of 2.75” in length with a minimum of 7 slots. The 3 and 9 o’clock rails shall be mounted within 1.5 inches from the muzzle. The 6 o’clock rail shall be a minimum of 3.75” in length with a minimum of 10 slots. The 6 o’clock rail shall be mounted within 2 inches from the muzzle.
4.1.22. Buttstock: Shall be equipped with a foldable or collapsible buttstock, constructed of aluminum or durable polymer material. The stock shall be equipped with non-slip checkering, stippling, or grooves on the furthest rearward vertical surface.
4.1.23. Pistol grip: Shall be constructed of rubber or plastic and have non-slip checkering or stippling textured grip. The pistol grip shall be the same color as the device.
4.1.24. Accessory Vertical Grip: The device shall be equipped with an independent Picatinny rail mounted vertical grip. The vertical grip shall be textured with non-slip checkering, stippling, or grooves. The vertical grip shall be foldable to a vertical and horizontal position. When in the vertical position, the vertical grip shall be between 3 and 4 inches in length. When in the horizontal position, the grip shall be parallel to the 6 o’clock Picatinny rail.
4.1.25. Durability: Vendor will provide 2 (two) each (EA) launchers at their own expense for government durability testing. Device shall be durable and capable of maintaining full, uninterrupted operability following 18 multi directional drops from 72” height onto a concrete surface. The 18 drops will consist of 3 drops per dimensional face of the device. The devises will remain the property of the vendor throughout and after the testing.
4.1.26. Reliability: Device shall maintain full and uninterrupted operability throughout test firings of all CBP operational less lethal munitions. The device must operate, without device failure, for a minimum of 3 firings of each of the following munitions.
4.1.26.1. Defense Technology eXact Impact Sponge Round
4.1.26.2. Defense Technology Direct Impact Inert Round
4.1.26.3. Defense Technology Direct Impact Reloadable Training
Round
4.1.26.4. Defense Technology .60 caliber Stinger Round
4.1.26.5. Defense Technology CS Muzzle Blast
4.1.26.6. Defense Technology Speed Heat CS
4.1.26.7. Defense Technology Skat Round Saf-Smoke
4.1.26.8. Defense Technology 100m Aerial Warning/Signaling
4.1.26.9. Defense Technology 200m Aerial Warning/Signaling
4.1.26.10. Defense Technology 300m Aerial Warning/Signaling
4.1.26.11. Defense Technology 100m Ground Marker Saf-Smoke
4.1.26.12. SDI BIP Round
4.2. Device Maintenance
4.2.1. Vendor must provide a one-time manufacturer’s certified armorer training course to CBP armorers. This shall take place at a CBP location (CONUS) to be designated by the COR. The vendor shall be responsible for all travel and related expenses incurred by their personnel, associated with this training.
4.2.2. Vendor must provide exploded schematic of device to include individual part identification and part numbers. This shall be provided in PDF format.
4.3. Warranty
4.3.1. Vendor shall provide a manufacturers certificate / warranty letter which delineates all warranty coverage and timeframes.
4.3.2. Vendor shall be contacted by the Contracting Officer
Representative (COR), or an authorized representative of CBP, for all warranty work.
4.3.3. The vendor shall provide a return authorization number for all warranty claims.
4.3.4. Vendor shall provide a primary point of contact, to include phone number and email address.
4.3.5. Vendor shall acknowledge receipt of warranty claims to the government appointed COR within two business days of being notified.
4.3.6. Warranty claims shall be remedied at no expense to the government except for shipping to the factory.
4.3.7. For any warranty work that requires a change in serial number, the vendor shall provide an accompanying letter indicating the disposition of the original serial number and the replacement serial number for accountability purposes.
4.4. Shipping
4.4.1. All items are to be shipped FOB destination.
4.4.2. Shipping locations may be centralized, or may include locations throughout the CONUS.
4.4.3. Specific delivery addresses shall be provided at the time of Delivery Order issuance.
4.4.4. Orders containing 30 units or less shall be shipped via ground (unless exempted by the COR). All other orders may be shipped via common carrier freight (palletized).
4.5. Delivery Schedule
4.5.1. The delivery schedule will be…
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