70LGLY24BGLB00003 0001 Changes.pdf

Federal Law Enforcement Training Centers Solicitation 70LGLY24BGLB00003-0001 FLETC, Glynco, GA Commercial Lead Training Ammunition (CLTA)

Table of Contents

Section A/B Notice to Bidders Additional Information ..…………………………………………………………54 Section C – Description/Specifications………………………………….………………………………………….55 Section D – Packaging and Marking…………………………….…………………………………………………60 Section E – Inspection and Acceptance……………………………………………………………………………62 Section F – Deliveries or Performance…………………………………………………………………………….64 Section G – Contract Administration Data………………………………………………………………………..66 Section H – Special Contract Requirements………………………………………………………………………70 Section I – Contract Clauses……………………………………………………………………………………….73 Section J – List of Documents, Exhibits, And Other Attachments………………………………………………99 Section K – Representations, Certifications, and other Statements of Bidders………………………………..100 Section L – Instructions, Conditions, and Notice to Bidders……………………………………………………140 Section M – Evaluation Factors for Award………………………………………………………………………144

SCHEDULE A/B CONTINUED

NOTICE TO BIDDERS – ADDITIONAL INFORMATION

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 $8,000,000.00 per year; total $40 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. Unit prices shall be per 1,000 rounds, include delivery cost to one shipping location, and include applicable Firearms and Ammunition Excise Tax (FAET). Section C Statement of work is applicable.

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 August 12, 2024, 10:00AM. 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) 14.2, the following information is provided:

1. This acquisition is for Commercial Lead Training Ammunition (CLTA). All ammunition must meet the specifications provided herein. NAICS CODE: 332992, PSC: 1305.

2. This acquisition will be solicited using the Sealed Bid Method. Submissions shall consist of those documents identified at Section L, Paragraph L-4 Instructions to Bidders. Descriptive literature is required for products that have never been used by FLETC previously. Failure to provide sufficient information regarding new products will render bid non-responsive and rejection of bid. Multiple bids for one product type are acceptable if bidder has more than one product meeting the SOW requirements.

3. Evaluations factors are listed in Section M, Paragraph M-3.

4. Bid submissions are due on September 3, 2024 by 1:00 PM Eastern Time email only to Contracting Officer Sheryle Wood at sheryle.wood@fletc.dhs.gov.

mailto:sheryle.wood@fletc.dhs.gov http://www.fbo.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 100 Partner Organizations utilize the FLETC for their basic and advanced training needs for Officers and Agents.

2. SCOPE

This specification applies to handgun, shotgun, and rifle ammunition strictly for training purposes. This type ammunition is designated as commercial lead training ammunition (CLTA) by the issuing agency: Department of Homeland Security (DHS), Federal Law Enforcement Training Centers (FLETC) with multiple training sites in the United States. FLETC, Other DHS Components, and all other Federal Agencies will be authorized to place orders against the awarded contract vehicles.

2. APPLICABLE DOCUMENTS

2.1 General. This specification lists all performance requirements for the acquisition of handgun, shotgun, and rifle CLTA.

2.2 Non-Government Documents. The following documents form a part of this document to the extent specified herein:

ANSI/SAAMI Z299.3-1993: Voluntary Industry Performance Standards for Pressure & Velocity of Center Fire Pistol & Revolver Ammunition for the Use of Commercial Manufacturers – Sporting Arms and Ammunition Manufacturer’s Institute (SAAMI)

ANSI/SAAMI Z299.3-1992: Voluntary Industry Performance Standards for Pressure & Velocity of Center Fire Pistol & Revolver Ammunition for the Use of Commercial Manufacturers – Sporting Arms and Ammunition Manufacturer’s Institute (SAAMI)

ANSI/SAAMI Z299.2-1992: Voluntary Industry Performance Standards for Pressure & Velocity of Shotshell Ammunition for the Use of Commercial Manufacturers – Sporting Arms and Ammunition Manufacturer’s Institute (SAAMI)

ISO 9001:2000, Quality Management Systems Requirements – International Organization for Standardization, 1, rue de Varembe, Case postale 56, CH-1211 Geneva 20, Switzerland

Notice: Non-Governmental standards and other publications are normally available from the organizations that prepare or distribute the documents. These documents may also be available in or through libraries or other information services.

2.3 Order of Precedence. In the event of conflict between DHS/FLETC documents and the references cited, DHS/FLETC contract and specifications shall take precedence.

3.0 CLTA REQUIREMENTS

3.1 Definitions.

3.1.1. Service Ammunition. Ammunition designed for law enforcement or other use in defensive/offensive applications with terminal ballistics qualities designed to enhance the incapacitation ability or other specific actions.

3.1.2. Training Ammunition. Training ammunitions is ammunition that is selected to replicate the interior and exterior ballistic qualities of service ammunition but is constructed of materials that permit more economic manufacturing processes and lower overall costs.

3.2. Complete Cartridge. The manufacturer 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.

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

3.4. DHS/FLETC provides training for 92+ agencies; numerous manufacturers’ handguns, shotguns, and rifles are used during firearms training (some are FLETC-owned, and some other-agency owned). This requirement covers the following calibers of handgun, shotgun, and rifle training ammunition. DHS/FLETC reserves the right to add other calibers during the term of the resultant contract(s) based upon agency training needs:

.223 Rem 55 Grain Full Metal Jacket (FMJ)

.223 Rem 55 Grain Soft Point

.223 Rem 62/64 Grain Jacketed Hollow Point (JHP)

.223 REM 62/26 Grain Soft/PowerPoint

.223 Rem 69 Grain Boat Tail Hollow Point (BTHP)

.223 Rem 77 Grain .223 Rem Caliber 55 Grain Soft Point

.30-06 165 Grain Full Metal Casing (FMC)

.308 Win 168 Grain Boat Tail Hollow Point (BTHP) 7.62x39MM 123 Grain Soviet 12 GA #7 .5 Target, 2 ¾ in.

12 GA Rifled Slug, Full Recoil 12 GA Rifled Slug, Reduced Recoil 12 GA #4 Buckshot 27 Pellet, 2 ¾ in.

12 GA #00 Buckshot 8-Pellet Full Recoil 12 GA #00 Buckshot 8-Pellet, Reduced Recoil 12 GA #00 Buckshot 9 Pellet, Full Recoil 12 GA #00 Buckshot 9 Pellet, Reduced Recoil

.357 Mag 125 Grain Jacketed Hollow Point (JHP)

.357 Sig 125 Grain Jacketed Hollow Point (JHP)

.38 Special 148 Grain Wad Cutter (WC)

.38 Special 158 Grain Lead Round Nose (LRN)

.38 Special 158 Grain Semi Wad Cutter (SWC)

.380 Auto 90 Grain Jacketed Hollow Point (JHP)

.40 S&W Caliber 155 Grain Jacketed Hollow Point (JHP)

.40 S&W Caliber 165 Grain Jacketed Hollow Point (JHP)

.40 S&W Caliber 180 Grain Jacketed Hollow Point (JHP)

.45 Auto Caliber 230 Grain Full Metal Jacket (FMJ)

.45 Auto Caliber 230 Grain Jacketed Hollow Point (JHP) 9MM Luger 115 Grain Jacketed Hollow Point (JHP) 9MM Luger 124 Grain Full Metal Jacket (FMJ) 9MM Luger 124 Grain Jacketed Hollow Point (JHP) 9MM Luger 147 Grain Jacketed Hollow Point (JHP)

Notice: The FLETC does not stock any shotgun/rifle CLTA load other than loads required by agencies for their firearms training. No substitution of the description shown will be permitted.

3.5. Packaging – Exterior product shipping case and individual boxes shall be clearly marked with manufacturer’s name, caliber/style & grain, and lot number. (See Section D)

3.5.1. DHS/FLETC requires that all handgun CLTA be packaged in 500 or 1000 round cases, 50 rounds per box. 1,000 round rifle cases are acceptable

3.5.2. DHS/FLETC requires that all rifle and shotgun CLTA be packaged in 200, 250, or 500 round cases: 5, 20, or 25 rounds per box.

3.6. Cartridges

3.6.1 Cartridge Marking. Cartridge shall be head stamped with the manufacturer’s symbol and cartridge designation.

3.6.2 Cartridge Material. CLTA shall be constructed of new, unfired components.

3.6.3 Cartridges shall be manufactured in accordance with the ANSI/SAAMI standards listed in Section 2.2.

3.6.4 The manufacturer shall provide a complete list of the components of the cartridge. This information shall be provided in the form of Safety Data Sheets (SDS) for each component. These sheets must be provided initially in response to the Phase 1 Technical Submission for all calibers submitted and at any time a component listed in previous SDS submissions have changed. Additionally, the SDS must be provided by the manufacturer prior to or included with any shipment of new submissions of CLTA to the FLETC Firearms Division.

3.7 Quality System. It is desired that the manufacturer have a quality system that is commensurate with ISO 9001: 2000, Quality Management Systems Requirements.

Manufacturers shall provide written proof of International Standards Organization (ISO) 9001:2000 certification from an accredited agency with submitted proposals.

3.8 Reliability. Any CLTA delivered to the DHS/FLETC must perform in a satisfactory manner in any training weapon, regardless of the weapon manufacturer.

The training field failure rate for CLTA attributable to the CLTA is not more than 1 failure per 1,000 rounds. Description of failures is described as (but is not necessarily limited to):

• Misfire,

• Hangfire,

• Longitudinal Split

• Circumferential Rupture

• Deformed case,

• Corroded case,

• Inverted, missing primer,

• Inert primer,

• Hard primer,

• Squib load (bullet in bore),

• Inconsistent bullet seating,

• Excessive powder residue buildup in weapons,

• Excessive bullet residue buildup in barrel,

• Excessive unburned powder,

• Excessive smoke,

• Excessive powder burning odor.

3.9 Accuracy.

3.9.1 Handgun CLTA - 10 rounds at 25 yards will measure no more than a 6” extreme spread group.

3.9.2 12 GA rifled slug CLTA – 5 rounds at 25 yards will measure no more than an 8” extreme spread group.

3.9.3 12 GA shot shell CLTA – no accuracy testing will be conducted on 12 GA shot shells

3.9.4 Rifle CLTA, except .308 Win caliber, - 5 rounds at 50 yards will measure no more than a 3” extreme spread group.

3.9.5 .308 Win CLTA – 5 rounds at 50 yards will measure no more than a .75” extreme group at 50 yards with a standard deviation of no more than 15 feet per second.

3.10 CLTA that fails to perform satisfactorily (See list of failures at paragraph

3.8 and 3.9). Should any CLTA fail to perform in a weapon, the DHS/FLETC will:

3.10.1 Use another manufacturer’s CLTA in the same weapon to

establish if the failing CLTA is at fault or if the weapon is at fault.

3.10.2 Use the failed CLTA in at least one other manufacturer’s weapon to establish if the initially used weapon was at fault for the failure.

(These are the only performance tests that the DHS/FLETC will perform on any CLTA product before rejecting the CLTA as defective and requesting replacement and/or refund from the CLTA contractor.)

3.11 Defective Handgun, Shotgun, and Rifle CLTA.

3.11.1 If the DHS/FLETC receives CLTA that does not perform satisfactorily as shown in 3.6, the DHS/FLETC reserves the right to request replacement of the lot or to require the contractor to provide a refund/credit for the lot.

3.11.2 Manufacturer shall be capable of tracking multiple ammunition lots sold and shipped under the contract in the event of a rejection/recall. Upon request, the manufacturer shall supply this information to the COR for warranty purposes.

3.11.3 The training field failure rate for CLTA attributable to the CLTA is not more than 1 failure per 1,000 rounds.

Part I – The Schedule Section D – Packaging and Marking

D.1 Packing and Packaging –

1.1 Packing. 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.

1.2 Packaging. 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.

1.3 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.

1.4 DHS/FLETC requires that all CLTA be packaged in 200,250,500 or 1000 round cases. 1,000 round rifle cases are acceptable. Inserts/trays containing the ammunition shall be constructed of biodegradable or recyclable material to minimize environmental impact after disposal or to allow recycling. Styrofoam or high density polystyrene inserts in the individual boxes/cartons is unacceptable. No loose or "bagged" CLTA will be accepted.

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. If the Lot Number/Lot Code is printed on each case and box as required in the solicitation and easily recognized as a unique identifier, then the words “Lot No.” need not be printed.

D.4 Packing List – A packing list or other suitable or 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 Safety Data Sheet (SDS) shall be furnished with the first shipment, unless otherwise instructed by the order office/agency. After the first shipment, the contractor shall provide the SDS 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.3 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 Commercial Lead Training Ammunition (CLTA) 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 CLTA 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 CLTA 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 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 Information Regarding Responsibility

Matters (Oct 2018) o 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015) o 52.211-5 Material Requirements (Aug 2000) o 52.214-26 Audit and Records – Sealed Bidding (Jun 2020) o 52.214-29 Order of Precedence - Sealed Bidding (Jan 1986) o 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2022) o 52.219-8 Utilization of Small Business Concerns (Feb 2024) o 52.219-9 Small business Subcontracting Plan (Aug 2023) Alt 1 (Nov 2016) o 52.219-16 Liquidated Damages – Subcontracting Plan (Sep 2021) o 52.219-28 Post-Award Small Business Program Rerepresentation (Feb 2024) o 52.222-3 Convict Labor (Jun 2003) o 52.222-19 Child Labor – Cooperation with Authorities and Remedies (Feb 2024) o 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment (June 2020) o 52.222-21 Prohibition of Segregated Facilities (Apr 2015) o 52.222-26 Equal Opportunity (Sep 2016) o 52.222-35 Equal Opportunity for Veterans (Jun 2020) o 52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020) o 52.222-37 Employment Reports on Veterans (Jun 2020) o 52.222-40 Notification of Employee Rights under the National Labor Relations Act

(Dec 2010) o 52.222-50 Combating Trafficking in Persons (Nov 2021) o 52.222-54 Employment Eligibility Verification (May 2022) o 52.223-3 Hazardous Material Identification and Material Safety Data (Feb 2021) -

Alternate I (Jul 1995) o 52.225-1 Buy American - Supplies (Oct 2022) o 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) o 52.227-1Authorization and Consent (Jun 2020) o 52.229-3 Federal, State, and Local Taxes (Feb 2013) o 52.232-1 Payments (Apr 1984) o 52.232-8 Discounts for Prompt Payment (Feb 2002) o 52.232-11 Extras (Apr 1984) o 52.232-17 Interest (May 2014) o 52.232-18 Availability of Funds (Apr 1984) o 52.232-23 Assignment of Claims (May 2014) o 52.232-25 Prompt Payment (Jan 2017) o 52.232-33 Payment by Electronic Funds Transfer - System for Award Management

(Oct 2018) o 52.233-1 Disputes (May 2014) o 52.233-3 Protest after Award (Aug 1996) [Note: Not applicable to delivery orders;

FAR 33.101]

o 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) o 52.242-13 Bankruptcy (Jul 1995) o 52.243-1 Changes - Fixed-Price (Aug 1987) o 52.246-23 Limitation of Liability (Feb 1997) o 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) o 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) o 52.253-1 Computer Generated Forms (Jan 1991)

HSAR

o 3052.203-70 Instructions for Contractor Disclosure of Violations. (Sep 2012) o 3052.205-70 Advertisements, Publicizing Awards, and Releases. (Sep 2012) o 3052.219-70 Small Business Subcontracting Plan Reporting (Jun 2006)

FAR FULL TEXT

I.2 52.204-1 Approval of Contract (Dec 1989)

This contract is subject to the written approval of Chief, Glynco Operations Branch and shall not be binding until so approved.

(End of clause)

I.3 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (DEVIATION 20-05) (JUL 2024)

(a) Definitions. As used in this clause- Kaspersky Lab covered article means any hardware, software, or service that–

(1) Is developed or provided by a Kaspersky Lab covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity.

Kaspersky Lab covered entity means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky

Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any Kaspersky Lab covered article. The Contractor is prohibited from—

(1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018; and

(2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 3 business days from the date of such identification or notification: the contract number; the order number(s), if applicable;

supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause)

I.4 52.204-25 Prohibition on…