70LGLY24BGLB00002.pdf

Federal Law Enforcement Training Centers Solicitation 70LGLY24BGLB00002 FLETC, Glynco, GA Non-Lethal Training Ammunition (NLTA)

Table of Contents

Section A/B Notice to Offerors/Additional Information.…………………………………………………………15 Section C – Description/Specifications Section D – Packaging and Marking Section E – Inspection and Acceptance Section F - Deliveries or Performance……………………………………………………………………….……..27 Section G – Contract Administration Data Section H - Special Contract Requirements Section I – Contract Clauses Section J – List Of Documents, Exhibits, And Other Attachments Section K – Representations, Certifications, and other Statement of Bidders Section L - Instructions, conditions, and notice to bidders Section M - Evaluation factors for award

SCHEDULE A CONTINUED

NOTICE TO BIDDERS – STEP 1 TECHNICAL SUBMISSION

A. The Federal Law Enforcement Training Centers (FLETC), Glynco, GA, anticipates multiple IDIQ firm fixed price award(s) as a result of this acquisition. FLETC ammunition needs are based on FLETC’s student load which can change daily. An estimated quantity of ammunition that will be ordered cannot be provided due to changes in student load. The minimum guarantee for the resultant award(s) is 1,000 rounds per contract per year. The maximum limit for the resultant award(s) is 2 million rounds per year ($1.6 Million Dollars estimate); total 10 million rounds ($8 Million Dollars estimate) over life of contract(s). If more than one (1) contract is awarded, the maximum limit will be split between all awards.

B. This requirement is restricted to manufacturers only as the need to be in direct contact with the actual manufacturer is imperative for the timeliness of ordering and discussing any issues with a product’s performance.

C. All questions concerning this solicitation must be submitted in writing to sheryle.wood@fletc.dhs.gov by September 9, 2024. No further questions will be answered after this deadline. An amendment will be posted at www.fbo.gov answering all questions submitted.

D. The bidder(s) may have to ship to multiple locations due to all Federal agencies utilization of the resultant contract(s).

E. In accordance with Federal Acquisition Regulation (FAR) 14.503-1, the following information is provided:

1. This acquisition is for non-lethal training ammunition (NLTA). All ammunition must meet the specifications provided herein.

2. This acquisition will be solicited using the Two-Step Sealed Bid Method of FAR 14.5 Two- Step Sealed Bidding.

3. STEP 1 – Technical Submissions shall consist of those documents identified at Section L, Paragraph L.5 Instructions to Bidders, subparagraphs L.5.2.1 and L.5.2.2.

4. Evaluations factors are listed in Section M, Paragraph M.2.a. FAR Clause 52.214-22 Evaluation of Bids for Multiple Awards of this solicitation.

5. The technical submission shall not include price or pricing information.

6. Technical submissions are due on September 30, 2024 by 2:30 PM Eastern Time.

7. In the second step, price submission bids will be based upon technical submissions results.

Only products determined to be acceptable, either initially or as a result of clarifications, will be priced in this step and considered for awards. Unit pricing will be per thousand rounds regardless of case count. It is anticipated that Step 2 pricing will be requested on or about two weeks after mailto:sheryle.wood@fletc.dhs.gov http://www.fbo.gov/ technical submissions. In accordance with FAR 14.202-8, Electronic Bids are authorized for Step 2 Pricing submission only. Price submission requirements can be included as email attachments and sent directly to the Contracting Officer at sheryle.wood@fletc.dhs.gov prior to date and time established for closing.

8. (i) Bidders should submit bids that are acceptable without additional explanation or information.

(ii) The Government may make a final determination regarding a proposal’s acceptability solely on the basis of the proposal as submitted, and

(iii) The Government may proceed with the second step without requesting further information from any bidder; however, the Government may request additional information from bidders of submissions that it considers reasonably susceptible of being made acceptable.

9. A notice will be forwarded to the bidder(s) upon completion of the technical submission evaluation and final determination of product acceptability.

10. Multiple technical submissions may be submitted for any products should the bidder have multiple products meeting the requirements for the product specified. However, if bidder has multiple colors for a product only send one color sample. Bidders are not required to bid on all products listed in Section B, Step 2. The Government will evaluate only the line items and options the bidder submits.

mailto:sheryle.wood@fletc.dhs.gov

Part I – The Schedule Section C – Description/Specifications

1. INTRODUCTION

The Department of Homeland Security Federal Law Enforcement Training Centers (FLETC) operate in several locations throughout the US. Over 95 Partner Organizations utilize the FLETC for their basic and advanced training needs for Officers and Agents.

2. SCOPE

This specification establishes the product and performance requirements for Non-Lethal Training Ammunition (NLTA), for use in training at the Federal Law Enforcement Training Centers. The need for marking cartridges in training exercises continues but it has also been decided that non-marking projectiles are needed. What is needed are the following calibers:

Marking and NON-Marking Cartridges 9mm Non-Lethal Marking Cartridge 9mm Non-Lethal Non-Marking Cartridge .223Rem/5.56mm Non-Lethal Marking Cartridge .223Rem/5.56mm Non-Lethal Non-Marking Cartridge

2.1 Among other specific requirements, the requirements for toxicity are stated in this specification.

2.2 Where SAAMI has no requirement and where no specification is given herein, the manufacturer will utilize accepted industry practices for NLTA.

3. REQUIREMENTS

3.1 General

3.1.2 Item Definition: NLTA required will be used to perform specific functions. The following terms will identify specific types of NLTA. It should be noted that these definitions are not necessarily uniform throughout the ammunition industry, nor should they be considered technical definitions. Definitions should be considered only for the purpose of this document.

3.1.3. Non-Lethal Training Ammunition (NLTA): This term applies to any type of reduced energy training ammunition that was designed for use against human targets during realistic training except where noted. If used properly in accordance with manufacturers' supplied guidelines and equipment (conversion kits and personal protective gear, if any), this type of product should not incur injury or health risks to participants.

3.1.4. This request is for NLTA: The caliber/gauges of the ammunition shall be as described herein.

However, FLETC reserves the right to add additional calibers/gauges of ammunition with appropriate contract modifications.

3.1.5 Components: No component of the round shall have been used previously. Reloaded or remanufactured ammunition is unacceptable.

3.1.6 Projectile: The projectile shall be of such design that it does not produce accelerated bore erosion or build up in barrel and will not damage metal, glass, vehicle finishes/plastic components (i.e. headlight/taillight covers, dashboards etc.) or personal protective gear, when used according to manufacturer's specifications.

3.1.7 Head stamp: The cartridge case/shell head stamp marking shall consist of the Identification Code of the Manufacturer.

3.2 Propellant: If a cartridge contains propellant, each shall contain smokeless propellant free of lead or other heavy metals that produces a minimum of smoke and does not exceed PEL standards for exposure to toxic materials. Nominal charge weight shall be established by the manufacture to meet performance requirements. Propellant should be clean burning to minimize firearm maintenance and to prevent fouling caused malfunctions. A minimum of powder residue or other by-products is desirable.

3.3 Primer Sensitivity: Primer sensitivity shall be such as to prevent misfires. Primer sensitivity shall be tested in accordance with SAAMI recommended equipment and procedures and comply with the performance standards for each cartridge. Misfires are considered failures per Section 5 and listed in Section 9.

3.3.1 Waterproofing compounds: A waterproofing compound may be applied.

3.3.2 The projectile may be sealed to prevent the degradation of performance by exposure to humidity levels ranging from 0% to 100%. Lack of sealing the projectile does not disqualify any product as long as storage life is not degraded to less than 2 years' storage from date of shipment.

Ammunition delivered must have a minimum remaining shelf life of twenty three (23) months from date of delivery.

3.3.2.1 A Primer sealant is recommended.

3.4 Complete Cartridge: The vendor must certify that all ammunition supplied under any resultant contract will be fit for use and that any ammunition furnished is representative of all ammunition deliverable under this contract.

3.5 Marking Substance: Substance shall be designed to be easily removable from clothing with soap and water. The marking substance shall not permanently stain equipment such as holsters, belts, radios, firearms, etc.

4. HEALTH AND SAFETY

4.1 Health and Safety: The cartridge shall utilize components that are reduced hazard. Any trace of prohibited substances, beyond Permissible Exposure Limits (PEL) established by Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) shall be cause for disqualification.

4.2 Supplied ammunition shall not expose the shooter (the person firing the ammunition) to toxic materials, at or above the threshold limit values (TLV), as listed by the American Conference of Government Industrial Hygienists (ACGIH) threshold limit values, or OSHA as listed in Title 29 Code of Federal Regulations (CFR) Part 1910.26.

4.3 No ammunition component shall, upon being fired, generate a hazardous waste as listed under Title 40 CFR, Parts 260-261 except as follows:

4.4 After cartridge discharge, a small amount of unburned propellant comparable in amount to that of lead consummated service ammunition is acceptable. Excessive amounts of unburned propellant are not acceptable.

4.5 The manufacturer shall provide a complete list of the components of the cartridge sufficient to determine that the case, primer, propellant, and projectile are reduced hazard and produce reduced hazard by-products. This information shall be provided in the form of Safety Data Sheets (SDS) for each component offered. SDS must be provided initially in response to this offer and at any time a component listed in a previous SDS is changed. SDS must be provided by the manufacture prior to or included with any shipment of new submissions of NLTA to FLETC Firearms Division.

4.6 On-Site Air Quality Testing Conducted by the FLETC

4.6.1 In addition to any laboratory testing, field testing may be conducted on FLETC ranges during the exclusive use of NLTA furnished under any resulting contract in connection with this requirement, as shown below.

4.6.2 All air sampling will be conducted using National Institute of Safety and Health (NIOSH), OSHA, or ACGIH methods.

4.6.3 Contractors may conduct air quality testing. If the Government receives a Lot of ammunition that creates toxic levels above the Permissible Exposure Limits, referenced above, the Government reserves the right to request replacement of the Lot or to require the contractor to conduct tests on the ammunition in the rejected Lot.

5. FUNCTION AND CASUALTY

5.1 Function and Casualty: If the Government receives a lot of ammunition that does function properly the Government reserves the right to request replacement of the Lot. The field failure rate for failures attributable to ammunition cannot exceed 5 per 500 rounds. Ammunition failures are described in Section 9. A copy of the relevant Firearms Division Ammunition Incident Report(s) may be provided to the contractor at the time of the ammunition Lot rejection.

6. NON-LETHAL CARTRIDGES

6.1 This NLTA must have an obvious, easily recognizable appearance different than that of live-fire ammunition.

6.2 Components: The marking projectiles shall be composed of a water-soluble color marking compound that when struck upon a target leave a mark to show where the projectile impacted. Any marking substance contained in the projectile shall not render a permanent or indelible stain on clothing or protective gear. Non-Marking projectiles should leave no mark.

6.3 Accuracy: The cartridge, when fired from a commercially available non-lethal dedicated or properly converted weapon system must hold a point of aim/point of impact group of 15 inches at 15 yards or better. This accuracy standard must be met for 50 consecutive rounds between cleanings.

6.4 Function: NLTA is expected to reliably function during normal training scenarios and inclement weather in the government's existing dedicated or properly converted weapon systems. The FLETC currently uses the Glock 19T (chambered in FOF/FX/UTX, Glock Gen 3+4 with conversion barrels for UTM MMR as well as FX/FOF/UTX , Sig P320 (W320C-9-DHS-Blue chambered in FX/FOF/UTX), Colt SMG rifles with FX/FOF/UTX conversion, and conversion bolts with AR15/M4 rifles designed for UTM MMR 5.56.

6.5 Velocity: The projectile will not reach a velocity such that it will cause damage as specified in 3.1.3 and 3.1.6 from a minimum safe stand-off distance. Minimum safe stand-off distance, muzzle-to-muzzle, for all weapons is three feet.

6.6 Workmanship: Metallic components and the completed cartridge shall be free from folds, wrinkles, deep draw scratches, scaly metal, dents, burrs, and other defects. All components and the completed cartridge shall be free of foreign material including, but not limited to, corrosion, dirt, oil, grease, smears of lacquer and metal chips.

7. QUALITY ASSURANCE PROVISIONS

7.1 Responsibility for inspection: Unless otherwise specified herein, in the contract or in any delivery order, the supplier is responsible for the performance of all inspection and test requirements as specified herein. Except as otherwise specified, the supplier may utilize his own facilities or any commercial facility acceptable to the FLETC. The FLETC reserves the right to perform any of the inspections and tests set forth as outlined above where such inspections and tests are deemed necessary to ensure that supplies and services conform to prescribed requirements. The government will conduct random sample checks to confirm products received are as approved per the complete Cartridge Section 3.4.

7.1.1. Responsibility for Compliance: All items shall meet all requirements of sections 3 and 5. The inspections set forth in this specification shall become a part of the contractor's overall inspection system or quality program. The absence of specific inspection requirements in the specification shall not relieve the contractor of the responsibility of ensuring that all products or supplies submitted to the FLETC 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 submission of known defective material, either indicated or actual, nor does it commit the FLETC to accept defective material.

7.1.2 Quality Assurance Terms and Definitions: Reference shall be made to ANSI/ ASQC A8402- 1994 for definitions of quality assurance terms.

7.1.3. Lot Formation: Each lot shall be assigned a lot number in accordance with the contractors established lot numbering system. Only one type and weight of propellant shall be used in a lot of cartridges. Each cartridge lot shall contain no more than one lot of primers and one lot of propellant.

7.1.4 Primer Lots: A primer lot shall consist of a specific product, made on consecutive work shifts, with no break in the production of that specific product.

7.1.5 Inspection Provisions: Unless otherwise specified, each lot of components and each lot of cartridges shall be inspected as is applicable.

7.1.6 Workmanship: Cartridges and components shall be visually inspected to determine compliance with the requirements. NTLA sent to the FLETC Firearms Division may have had a 100% visual inspection for defects by the contractor.

7.2 Packaging, packing, palletizing, and marking: Prior to the packaging operation, examination of the cartridges shall be performed to ascertain that the cartridges conform to the requirements established therein. All non-conforming cartridges shall be rejected. Inspection of packaging, packing, palletizing, and marking shall be in accordance with this specification. All palletized ammunition shall display 4 (sides) 8 ½ x 11" signs identifying ammunition as NLTA.

These signs should be readily identifiable by a bright color. If an order is large enough, ammunition shall be sent 50,000 to 100,000 rounds per pallet. Ammunition should be packaged in 500 or 1,000 round cases. Individual cartridges should be contained in trays located inside a box containing a maximum of 50 rounds. Loose, bulk packaging will not be accepted. Each individual box shall be clearly labeled "LOT NO. xxxxxxx". The lot number must also be printed on the outside of each case.

7.3 Dimensional/Weight Verifications: Dimensional and weight requirements as specified shall be verified by contractor gages or by Standard Measuring Instruments (SMI).

7.4 Automatic Visual Inspection: The contractor shall verify presence of a primer pocket vent hole if applicable, and the presence of propellant charge by visual inspection or by automated equipment using probes or other sensing devices.

7.6 Certifications: Contractor shall maintain certificates of compliance for the material requirements of Sections 3 and 4. Certifications shall be available upon request for each production lot.

7.7 Compliance Monitoring: Random samples may be pulled from any and all contract deliveries for testing to ensure continued compliance with these specifications.

8. PACKAGING/STORAGE.

8.1 Packaging/Storage: The NLTA shall have a manufacturer's warranted shelf life of a minimum of two (2) years from the date of shipment when stored dry in the manufacturer's packaging. It is required that the manufacturer mark the exterior of each case with a "USE BY (Month & Year)" See paragraph 3.3.2 above.

9. DEFINITIONS:

9.1 Misfire: Failure of a cartridge to fire after the initiating impulse has been applied to the primer, normally due to:

9.2 The primer fails to fire when struck by the firing pin. Primer sensitivity shall be tested in accordance with SAAMI recommended equipment and procedures and comply with the performance standards for each cartridge.

9.3 The propellant does not ignite when the primer fires.

9.4 Hang fire: Any perceptible delay in the functioning of a cartridge after the initiating impulse has been applied to the primer.

9.5 Blown Primer: A blown primer is a primer which, when the cartridge is fired, is separated completely from the primer pocket.

9.6 Pierced Primer: A perforation or rupture of the primer cup.

9.7 Longitudinal Split: A longitudinal separation of the cartridge case material produced by firing.

9.8 Circumferential Rupture: A circumferential separation of the cartridge case wall produced by firing. A partial rupture is one that extends less than 360 degrees around the case. A complete rupture is one that extends entirely around the case, separating the case into two parts.

9.9 Ammunition related malfunctions are defined as, but not limited to:

1. Deformed case, case rim/Rolled case mouth/Bulged case.

2. Inverted, sideways or missing primer.

3. Projectile in bore

4. Inconsistent projectile seating, either deep or shallow which results in a failure to function or feed.

5. Excessive powder residue buildup in weapon sufficient to cause a failure to function.

6. Excessive marking compound in barrel

7. Excessive unburned powder

8. Excessive smoke

9. Casing coming apart on firing or separating causing a malfunction.

Part I – The Schedule Section D – Packaging and Marking

D.1. Packing and Packaging - All material shall be packed for shipment in such a manner that will insure acceptance by common carrier and safe delivery at destination. Shipping containers shall comply with the Interstate Commerce Commission Regulations, Uniform Freight Classification Rules, and/or regulations of other carriers as applicable to the mode of transportation. Packaging of all ammunition shipments shall be in accordance with all Federal regulation (non-military) regarding explosive materials. For all palletized ammunition, shipments shall be safely positioned on shipping pallets and shall be stretch wrapped and/or banded to ensure that contents are secure during movement of the pallet. Ammunition may be palletized in accordance with the best commercial practices; however, the cases must be marked clearly on at least two (2) exterior sides of each pallet.

Pallets containing ammunition that is stacked haphazardly or in uncountable layers may be rejected and returned to the vendor. For purposes of this contract, a box is defined as the smallest unit of packaging and a case is defined as the unit of packaging that contains the box. See Section C, paragraph 4.2.3 for additional information.

D.2. Marking- Each case shall be marked in accordance with Federal Standard 123 (Marking for domestic Shipment) on the outside surface with the nomenclature, quantity, lot number, and manufacturer's part or item number. Each case shall also be marked with a "USE BY (Month & Year)" date. The contract number and delivery order number shall also be marked on the outside surface of each exterior shipping container.

D.3. Lot Number- Within 10 days after award, the contractor shall provide to the Contracting Officer for approval a notice explaining the contractor's intended lot numbering system. The manufacturer must print, emboss or label the words "LOT NO." followed by the manufacturer's lot number on either the inside or outside surface of each box. The marking must be easily identified.

D.4. Packing List - A packing list or other suitable document shall accompany each shipment and shall show (a) name and address of vendor, (b) name and address of consignee, (c) Government contact and delivery order number, (d) Government bill of lading number covering shipment, if any, and (e) description of material shipped, including nomenclature, lot number(s), quantity (per lot), number of containers, and package number (if any).

Section E – Inspection and Acceptance

E.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):

http//www.acquisition.gov/far.

(End of clause) o 52.246-2 Inspection of Supplies - Fixed-Price (AUG 1996) o 52.246-16 Responsibility for Supplies (APR 1984)

E.2. 52.246-15 Certificate of Conformance (APR 1984)

(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the

Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government's right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

(b) The Contractor's signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration (Block 10 of the DD Form 250) is performed by the Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's expense.

(d) The certificate shall read as follows:

I certify that on [insert date], the [insert Contractor's name] furnished the supplies or services called for by Contract No_________[] via [Carrier] on [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document.

Date of Execution: __________________________________________________ Signature: _________________________________________________________ Title: ____________________________________________________________

E.3. INSPECTION AND ACCEPTANCE BY THE GOVERNMENT

Unless specified differently in a delivery order, Government Contracting Officer or a duly authorized representative of the Contracting Officer will perform inspection and acceptance of ammunition to be provided under this contract. In reference to FAR 52.246-2(j), delivery of ammunition and payment for the delivery does not constitute acceptance; the ammunition will be stored in accordance with industry standards until needed for student training. The issue of ammunition for firearms training and that ammunition’s subsequent firing shall be deemed as the date of actual acceptance, providing the ammunition meets the requirements of this contract.

Such issue and firing shall be performed in accordance with training schedules but will occur before the expiration of the manufacturer’s warranty.

E.4. COMPLIANCE WITH ALL REQUIREMENTS OF THIS DOCUMENT

All ammunition submitted for acceptance shall comply with all contractual requirements.

E.5. ON-SITE TESTING AT DESTINATION

The Government reserves the right to perform testing at each destination, at any time, to ensure product/contract compliance. The Government’s rights to require contractor testing or to require lot replacement as detailed in Section C shall be in addition to the Government’s rights and remedies under the basic contract. The Government’s election to perform testing shall not relieve the Contractor from the responsibility, nor impose liability on the Government, for nonconforming supplies.

Section F - Deliveries or Performance

F.1. Clauses Incorporated by Reference (FEB 1998) 52.252-2 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):

http//www.acquisition.gov/far/.] o 52.211-17 Delivery of Excess Quantities (SEP 1989) o 52.242-17 Government Delay of Work (APR 1984) o 52.247-34 F.o.b. Destination (NOV 1991) o 52.247-35 F.o.b. Destination, Within Consignee's Premises (APR 1984) (see F.5 below) o 52.247-38 F.o.b. Inland Carrier, Point of Exportation (FEB 2006) (Applicable to

OCONUS Shipments Only) (see F.5 below) o 52.247-48 F.o.b. Destination - Evidence of Shipment (FEB 1999)

F.2. PERIOD OF PERFORMANCE-- BASIC CONTRACT

The period of performance of this contract is 12 months from date of contract award, unless extended through an exercise of option. If the Government exercises its unilateral right to extend the period of the contract after the base 12-month period, the contract could be extended for four additional 12-month periods. Contractor’s attention is directed to Section I, FAR 52.217-9, ‘Option to Extend the Term of the Contract.’ Individual delivery orders shall be considered authorization for the contractor to begin performance during the base or option period(s).

F.3. DELIVERY ORDER PRIORITY

Delivery orders issued by DHS/FLETC Procurement Division, Glynco, Georgia, shall have priority over orders placed by any other ordering office/agency.

F.4. PERIOD OF PERFORMANCE -- DELIVERY ORDERS

The Government shall have the right to unilaterally issue delivery orders with delivery to commence after the delivery order award date, at a rate of:

Cartridge Delivery Rate For individual items (frangible or training/Caliber/Gauge)

As negotiated on each delivery order by each ordering office/agency

F.5. PLACE OF DELIVERY

a. Deliveries to DHS/FLETC, Glynco, Georgia These deliveries shall be shipped FOB destination in accordance with FAR 52.247-34 and 52.247-35. Note that all ammunition deliveries to Glynco, Georgia, must first be directed to Building 2400 (which is within five miles of the ammunition storage sites) for security reasons.

No additional fee shall apply for this normal routing process, unless the transporter is inordinately delayed through no fault of the transporter. Notice: Unless the notification requirement is waived by the contracting officer, no shipment shall be made without prior notice being provided to DHS/FLETC POC as designated in a delivery order.

b. Deliveries to all other ordering offices/agencies These deliveries shall be as negotiated by the ordering contracting officer and as specified on that individual delivery order. The ordering contracting officer may negotiate deliveries inside facilities, multiple delivery sites, any delays necessitated by local office/agency procedures for inventory verifications, etc. Notice: Unless the notification requirement is waived, no shipment shall be made without prior notice being provided to the ordering office/agency as designated in a delivery order.

F.6. OTHER DELIVERABLES

a. Reports of Orders Received: The Contractor shall furnish quarterly reports of delivery orders received during the period of performance of the contract. The report shall show the item number, quantity, ordering activity, and be forwarded to the ordering Contracting Officer at the DHS/FLETC Procurement Division, Glynco, Georgia, within 10 calendar days after the close of each reporting period. Quarterly periods are defined as January through March, April through June, July through September, and October through December.

b. Unless waived by the office/agency contracting officer, the contractor shall notify the office/agency POC as indicated in the delivery order by facsimile or electronic mail at least 24 hours prior to product delivery. This notification shall be marked “Notification of Delivery” and shall include the delivery order number, contract number, caliber, quantity shipped, number of cases and rounds per case, manufacturer’s part number and lot number of all ammunition being shipped. A Material Safety Data Sheet (MSDS) shall be furnished with the first shipment, unless otherwise instructed by the order office/agency. After the first shipment, the contractor shall provide the MSDS only if it has been amended, unless otherwise required by the ordering contracting officer.

c. Failure or refusal to furnish the required reports, or falsification thereof, shall constitute sufficient cause for applying the provisions of FAR 52.249-8, Default Fixed Price Supply and Service.

Section G - Contract Administration Data

G.1. Ordering Activities The following activities have authority to issue Delivery Orders in accordance with the terms and conditions of this contract:

Authorized Personnel Authority Limit Contracting Officers of DHS/FLETC, Contract Maximum Procurement Division, Glynco, GA; Overall authority remains with Charleston, SC; Artesia, NM; and Glynco GA Procurement (PRO) Cheltenham, MD

Other DHS and Federal Agencies As authorized by DHS/ FLETC, Procurement Division, Glynco, GA

G.2. Delivery Order Form Orders may be placed using an Optional Form (OF) 347 or any other form deemed appropriate by the Contracting Officer. Each OF 347 will be processed as described on the form. A warranted Contracting Officer or Ordering Officer must issue each delivery order. Orders may be issued electronically (i.e. as a PDF file).

G.3. Oral Orders In emergency situations, the Contracting Officer may issue oral orders. Oral orders will be confirmed within two (2) workdays by issuance of a written delivery order or delivery order modification.

G.4. Modification to Delivery Orders Delivery orders may be modified by the agency that issued the order or by the Contracting Officer for the basic contract.

G.5. Delivery Order Pricing Delivery orders will be issued in accordance with Section B, Pricing.

G.6. Contract Method of Unilateral and Bilateral Ordering

a. Supplies to be furnished under any resultant contract shall be ordered by the issuance of delivery orders using Optional Form 347 or other recognized ordering form acceptable to the contractor. Delivery order unit prices will be firm-fixed priced. The Government shall be under no obligation to issue any particular number or types of orders, and no liability to the contractor shall be incurred in the event that a certain number or types of orders are not issued.

b. No bidder is required to submit a bid on all line items nor is the Government required to order all or any types of ammunition as shown on all the line items on any resultant contract(s).

An exercise of the contract’s option provisions (see Section I) shall not obligate the Government to purchase additional quantities above the guaranteed minimum values stated herein. The DHS/FLETC Procurement Division, Glynco, Georgia, reserves the right to procure ammunition from any source (under these contracts or otherwise) to mission training needs.

c. Order(s) under multiple award contract(s) shall provide each contract awardee a fair opportunity to be considered for each order in excess of $2,500 (but see ‘e’ below). In determining the procedures for providing awardee(s) a fair opportunity to be considered for each delivery order for the same type of ammunition, the procuring contracting officer may exercise broad discretion and consider such factors as past performance, quality of deliverables, delivery requirements, training schedules, cost/price, and other factors that the contracting officer, in the exercise of sound business judgment, believes are relevant to the placement of delivery orders.

d. The procedures for selecting contractor(s) for the placement of particular delivery orders need not comply with the competition requirements of the Federal Acquisition Regulation Part 6, although fair consideration will be given to all applicable contractor(s) prior to the placement of an order. The contracting officer reserves the right to employ streamlined procedures when selecting a delivery order contractor. In addition, the contracting officer need not contact each of the multiple contractor(s) under the resultant contract(s) before selecting a delivery order recipient if information is available to the contracting officer to ensure that each contractor is provided a fair opportunity to be considered for each order.

e. In limited instances, contractor(s) will not be given an opportunity to be considered for a particular delivery order in excess of $2,500 under a multiple delivery order contract if the procuring contracting officer at the office/agency determines that:

1. The agency’s need for the item is of such urgency that providing the opportunity would cause unacceptable delays;

2. Only one contractor is capable of providing the item(s) because of unique or highly specialized qualifications, supply stocks, or manufacturing lead time;

3. The delivery order must be placed as a sole source delivery order because the interests of economy and efficiency dictate that the contractor should receive it as a logical follow-on to a delivery order already issued under the contract(s), provided that all contractors were given a fair opportunity to be considered for the original order; or

4. It is necessary to place the delivery order to satisfy a minimum guarantee, or;

5. Performance, delivery and reliability issues dictate eliminating a contractor from receiving an order.

6. Determinations and justifications required by Federal and office/agency acquisition regulations have been made a part of the delivery order file which shall address fair opportunity mandates.

f. No protest under FAR Subpart 33.1 is authorized in connection with the issuance of a delivery order under any resultant contract(s), except for a protest that the delivery order increases the scope, period, or maximum estimated value of the contract.

g. All orders will be signed by a contracting officer. Upon receipt of a delivery order, the

Contractor shall assume the responsibility for coordination, as necessary, in order to meet the required delivery date. If a contractor believes that the scope of any delivery order is not within the scope of any resultant contract, the contractor shall notify the contracting officer immediately in writing, providing the reason for such a determination. No shipments should be made by the contractor(s) before receipt of a signed order; however, see Section G, paragraph G.3 for emergency situations.

h. It is the intent of the Government to attempt to distribute the issuance of delivery orders over the entire ordering period of the contract(s); however, due to the nature of the FLETC training mission, there is no guarantee of an orderly flow of delivery orders. Delivery orders may be issued under contract(s) from the date of award(s) throughout the contract ordering period. Any delivery order issued hereunder shall be subject to the terms and conditions of the basic contract, which shall control in the event of conflict with any delivery order(s).

G.7. Accounting and Appropriation Data The accounting and appropriation data applicable for this acquisition will be provided on each delivery order.

G.8. Contract Administration Office The Contract Administration Office for this procurement is: Administrative Contracting Officer;

Federal Law Enforcement Training Centers; Procurement Division; Building 99; Glynco, GA 31524.

G.9. Roles of Government Personnel in Contract Administration The Administrative Contracting Officer (ACO), FLETC, Glynco, GA, has the overall responsibility for the administration of this contract and assessing performance at least yearly.

All communication pertaining to contractual or administrative matters under the basic contract shall be addressed to the ACO. The ACO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, responsibilities may be delegated to authorized representatives.

G.10. Invoices

a. An invoice is a written request for payment under the contract for supplies delivered. A proper invoice must be prepared in accordance with the Prompt Payment Act (see Section I, FAR 52.232-25) and include:

(1) Name and address of Contractor

(2) Invoice date

(3) Contractor’s Tax Identification Number (TIN), DUNS number and payment address (which must be the same as that in the contract or on a proper Notice of Assignment).

(4) Contract number including Delivery Order number, if any, itemized contract line item, contract description of supplies or services, quantity, contract unit of measure and unit price, and extended totals as set forth in Section B of this contract.

(5) Payment/discount terms

(6) Name and address to which payment is to be sent (which must be the same as that in the contract or on a proper notice of assignment);

(7) Name, title, phone number and mailing address of person to be notified in event of a defective invoice; and

(8) Any other information or documentation required by other provisions of the contract (such as evidence of shipment).

b. Invoices shall be prepared and submitted to the office specified in the delivery order.

c. The Contractor shall submit an original invoice for each delivery order awarded. Each invoice must cite the delivery order number and CLIN(s) established by the order.

d. An invoice for a delivery order may only be submitted after the successful completion of the delivery order and acceptance of the product(s) by the COR. Invoices may be mailed, faxed, or sent electronically, as designated by the ACO.

G.11. Modification and Changes

a. The contractor, in connection with any proposal it makes for a contract modification, shall furnish a price breakdown, itemized as required by the Contracting Officer. In addition, if the proposal includes a time extension, a justification shall also be furnished. The proposal, together with the price breakdown and any time extension justification, shall be furnished by the date specified by the Contracting Officer.

b. Contractors are required to fill out the Standard Form (SF) LLL Disclosure of Lobbying

Activities form (Section J, Exhibit1), if appropriate.

G.12. Ordering Address Bidders are requested to indicate below the address to which orders should be forwarded:

G.13. Contractor Performance Evaluations The Federal Acquisition Regulation (FAR) Part 42.15 requires that all Federal contracts have periodic performance evaluations. The contractor will receive a CPARS report from the Contracting Officer at least annually.

Section H - Special Contract Requirements

H.1. Subcontracting All subcontractors and component producers shall be clearly identified in the proposal stage of this procurement. After contract award, the Contractor shall not change subcontractors (i.e., material suppliers or component producers) without prior approval of the DHS/FLETC contracting officer.

H.2. Disclosure of Information

a. Neither the Contractor nor any contract employee(s) shall disclose, or cause to be disseminated, any information concerning the operations of the ordering activity which could result in or increase the likelihood of the possibility of a breach of the FLETC (or its participating agencies) security or interrupt the continuity of its operations.

b. No Contractor employee(s) or representative shall provide any information related to the

FLETC activities to any element of the media without the DHS/FLETC contracting officer’s prior permission. This prohibition includes publicity releases, recruitment notices, etc. All inquiries, comments, or complaints arising from or in connection with the performance of this contract shall be directed to the DHS/FLETC contracting officer, if dissemination of official information may be result.

c. Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies furnished pursuant to the provisions of this contract in, or in connection with, any news release or commercial advertising without first obtaining the explicit written consent of the DHS/FLETC contracting officer.

d. Should any such reference appear in any news release or commercial advertising issued by or on behalf of the contractor without such prior consent, the Government shall consider institution of all remedies available under the provisions of this contract. Disclosure of information relating to this contract to any person not entitled to receive it, or failure to safeguard any sensitive information that may come to the contractor or any person under his/her control, may subject the Contractor, his/her agents, or employees to criminal liability under Title 18, Section 793 and 798, of the United States Code.

e. Deviations from, or violations of, any of the provisions of this paragraph will, in addition to all other criminal and civil remedies provided by law, subject the Contractor to immediate termination for default and the individual(s) involved to a withdrawal of the Government’s acceptance and approval of employment on the Center.

H.33. Other Provisions

a. When so authorized by the DHS/FLETC Procurement Division, Glynco, Georgia, ACO, other Federal Government offices/agencies may place their own delivery orders against the contract(s) and forward them directly to the Contractor. It shall be the ordering contracting officers’ responsibility to negotiate and coordinate deliveries under that delivery order.

b. Each office/agency using the contract(s) shall be responsible for the funding and payment of invoices for the supplies they order under the contract(s).

c. Conflicts arising from the use of this contract shall be resolved between the Government office/agency issuing the delivery order and the contractor. Any dispute arising, within the meaning of FAR Part 33, shall be forwarded to the DHS/FLETC Procurement Division ACO, Glynco, Georgia, for resolution in accordance with the provisions of the contract.

d. It shall be the responsibility of each office/agency placing delivery orders under any resultant contract(s) to conduct the necessary destination inspections of the delivered supplies to assure that the ammunition is in conformance with the specifications. Inspection and acceptance shall be at destination specified in the delivery order. Each delivery order shall state the local time when deliveries can be received at the destination. Should an ordering contracting officer negotiate delivery within consignee’s premises, all delivery information shall be included (building, floor, and room numbers.)

e. There is no requirement for the contractor to furnish ammunition in less than their standard pack. Each delivery order shall specify the invoicing address and an invoice point of contact.

f. It is the policy of the Department of Homeland Security to encourage the use of environmentally sound materials. Contractors are encouraged to utilize packaging materials that are environmentally sound and consist of recovered material content to the maximum extent possible.

H.4. Contracting Officer’s Instructions No change in the Scope of any resulting contract shall be made which would effect a change in any term or provision of the contract except by the issuance of a modification duly executed by the DHS/FLETC Contracting Officer. Contractors are responsible for ensuring that all contractor personnel are knowledgeable and cognizant of this provision. Changes to the contract requirement which are accepted and performed by contractor personnel outside this contract without specific authorization of the Contracting Officer shall be the sole responsibility of the contractor. No information other than that which may be contained in an authorized modification to the contract duly issued by the Contracting Officer which may be received from any person employed by the U. S. Government or otherwise, will be considered as grounds for deviation from any stipulation of this procurement instrument or specification.

H.5. New Types of Non-Lethal Training Ammunition (NLTA) Because the ammunition training requirements change periodically and there is no positive manner to project such changes, the Government reserves the right to negotiate with contractor(s) to add other types of NLTA to the contract(s) if such action is deemed necessary.

H.6. Advertising of Award The Contractor shall not refer to awards in commercial advertising (written or oral) in such a manner as to state or imply that the product(s) provided under this contract is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.

H.7. Physical and Personnel Security Requirements There will be no NLTA Prime contractors (PC) working at FLETC, so the security requirements are not applicable for this action. However, should there be a need for the awarded contractor (s) to be on FLETC, all appropriate badge applications and forms will be completed prior to any access to a FLETC installation.

Section I - Contract Clauses

I.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):

http://www.acquistion.gov/far.

o 52.202-1 Definitions (Jun 2020) o 52.203-3 Gratuities (Apr 1984) o 52.203-5 Covenant against Contingent Fees (May 2014) o 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) o 52.203-7 Anti-Kickback Procedures (Jun 2020) o 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper

Activity (May 2014) o 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) o 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun

2020) o 52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) o 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) o 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) o 52.204-7 System for Award Management (Oct 2018) o 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(Jun 2020) o 52.204-13 System for Award Management Maintenance (Oct 2018) o 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) o 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) o 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab Covered Entities. (Dec 2023) – SEE HSAR DEVIATION 2020-05 (Dec 2020) BELOW o 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) – SEE HSAR DEVIATION 2020-05

BELOW

o 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) o 52.209-9 Updates of Publicly Available…