9mm RFP - FINAL 04212021.pdf

DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

REQUEST FOR PROPOSAL

RFP-DSU0001921

Caliber - 9mm Luger

Service (Full-size) – Service (Micro) - Training Reduced Lead - Frangible

April 23, 2021

TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION A - Intentionally left blank

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 - DESCRIPTION OF SUPPLIES

B.2 - TYPE OF CONTRACT

B.3 - CONTRACT AND ORDER LIMITATIONS

B.4 - PRICING / FIVE (5) YEAR ESTIMATED CONTRACT TOTAL

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK (SOW)

C.1 - GENERAL DESCRIPTION

C.2 - SCOPE

C.3 - GENERAL REQUIREMENTS

C.4 - CARTRIDGE SPECIFICATIONS

C.5 - FUNCTIONING AND AMMUNITION DEFECTS

C.6 - QUALITY CONTROL PLAN

C.7 - AUTHORIZED BUYERS

C.8 - REPORTS

C.9 - SECURITY AND ACCESS CONTROL

C.10 - MEDIA STATEMENTS

SECTION D - PACKAGING AND MARKING

D.1 - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

E.1 - QUALITY ASSURANCE

E.2 - WARRANTIES

SECTION F - DELIVERIES AND PERFORMANCE

F.1 - PERIOD OF PERFORMANCE

F.2 - DELIVERY SCHEDULE

F.3 - NOTICE TO THE GOVERNMNENT OF DELAYS

F.4 - PLACE OF DELIVERY

F.5 - F.O.B. DESTINATION

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 - CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR)

G.2 - ORDERING

G.3 - INVOICE REQUIREMENTS

G.4 - SMALL BUSINESS ACCELERATED PAYMENT

G.5 - PAYMENT

G.6 - WITHHOLDING OF CONTRACT PAYMENTS

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 - DISCLOSURE OF DATA UNDER FOIA

H.2 - GOVERNMENT RIGHTS IN DATA AND COPYRIGHTS

H.3 - ACCESS TO FEDERAL BUREAU OF INVESTIGATION LOCATIONS

H.4 - CONTRACTOR SUITABILITY REQUIREMENT

H.5 - DOJ RESIDENCY REQUIREMENT

H.6 - DISRUPTION TO THE SCHEDULE

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 - CLAUSES INCORPORATED BY REFERENCE

I.2 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS

I.3 - BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS

I.4 - ECONOMIC PRICE ADJUSTMENT - - STANDARD SUPPLIES

I.5 - ORDERING

I.6 - ORDER LIMITATIONS

I.7 - INDEFINITE QUANTITY

I.8 - OPTION TO EXTEND THE TERM OF THE CONTRACT

I.9 - CONTINUING CONTRACT PERFORMANCE DURINGA PANDEMIC

INFLUENZA OR OTHER NATIONAL EMERGENCY

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

ATTACHMENT #1 - PRICING MATRIX

ATTACHMENT #2 - PAST PERFORMANCE QUESTIONNAIRE

ATTACHMENT #3 - MANUFACTURER CHECKLIST

ATTACHMENT #4 - MANUFACTURER TEST DATA SHEETS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OF OFFERORS

K.1 - INFORMATION REGARDING RESPONSIBILITY MATTERS

K.2 - CERTIFICATION REGARDING TAX MATTERS

K.3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL

ITEMS

K.4 - PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND

REDUCTION GOALS - REPRESENTATION

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 - SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

L.2 - TYPE OF CONTRACT

L.3 - SERVICE OF PROTEST

L.4 - PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF

JUSTICE

L.5 - GENERAL INSTRUCTIONS FOR PREPARING PROPOSALS

L.6 - PROPOSAL PREPARATION INSTRUCTIONS: TECHNICAL

L.7 - PROPOSAL PREPARATION INSTRUCTIONS: PRICE

L.8 - PROPOSAL PREPARATION INSTRUCTIONS: PAST PERFORMANCE

L.9 - PROPOSAL PREPARATION INSTRUCTIONS: SAMPLE AMMUNITION

L.10 - INSTRUCTIONS FOR SUBMISSION OF PROPOSALS

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 - EVALUATION - COMMERCAIL ITEMS

M.2 - EVALUATION CRITERIA

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COST

B.1 DESCRIPTION OF SUPPLIES

Contractor shall provide up to four (4) separate types of 9mm Luger ammunition [e.g.

Service (Full-size), Service (Micro), Training Reduced-Lead, and Frangible, which are described in detail in Section C.1] under the policies and procedures prescribed in Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, in conjunction with Part 15, Contracting by Negotiations.

B.2 TYPE OF CONTRACT

The contract(s) will be unrestricted and structured as a Fixed Price, Indefinite-Delivery Indefinite-Quantity (IDIQ), type contract(s) for one (1) base year and four (4) possible one-year option periods. The FBI intends to award contract(s) with a primary and secondary contract for each ammunition type (e.g. Service (Full-size), Service (Micro), Training Reduced-Lead, and Frangible). The FBI anticipates making up to eight (8) IDIQ contract awards to the highest technically rated vendors (two IDIQ contract awards in each of the four (4) ammunition categories) with a fair and reasonable price.

B.3 CONTRACT AND ORDER LIMITATIONS

Delivery shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the CLIN Schedule up to and including the quantities designated in this solicitation as the “maximum.” The Government shall order at least the quantity of supplies or services designated as the “minimum,” hereby established as $1,000.00 over the life of each contract established.

The Government shall not be required to purchase from the Contractor any additional quantities after the initial guaranteed minimum. The obligation of funds and specific quantities will be ordered through individual delivery orders or the Government Purchase Card Program. The estimated cost is $90,000,000.00; North American Industry Classification System (NAICS), 332992, Small Arms Manufacturing Ammunition with a small business size standard of 1,250 employees; Unrestricted, Period of Performance, twelve (12) month base period with four (4) one-year options and no security classification for 9mm Ammunition.

The Government’s intent is to establish up to eight (8) single award IDIQs under this single solicitation. Maximum thresholds for each established IDIQ shall follow the below matrix:

9mm Luger Service

(Full-size) Service (Micro)

Training Reduced-Lead Frangible

Primary $30 Million $10 Million $30 Million $8 Million Secondary $4 Million $2 Million $4 Million $2 Million

B.4 PRICING/FIVE (5) YEAR ESTIMATED CONTRACT COST

Price proposals shall be submitted using the Pricing Matrix provided in this solicitation, refer to Section J, List of Attachments, Attachment 1 of the solicitation package.

[End of Section]

SECTION C - STATEMENT OF WORK

9MM LUGER AMMUNITION

C.1 GENERAL DESCRIPTION

GENERAL DESCRIPTION

The Federal Bureau of Investigation (FBI) is the federal government's principal agency responsible for investigating violations of more than 260 Federal statutes. As an investigative arm of the Unites States Department of Justice, FBI personnel, in the execution of their responsibilities, may be involved in high threat assignments where deadly force may be used in the face of violent confrontations.

In direct support of training and operational activities the FBI has a need to acquire the following four (4) types of 9mm Luger ammunition:

1) SERVICE (Full-size) – Ammunition intended to be carried in Glock 19M/17M pistols and fired in defense of life.

2) SERVICE (Micro) – Ammunition intended to be carried in Glock 43/43X/26 pistols and fired in defense of life.

3) TRAINING REDUCED-LEAD – Ammunition intended to be fired during traditional firearms training.

4) FRANGIBLE – Ammunition intended to be fired during traditional training utilizing steel targets.

The reliability, terminal performance, and accuracy of the ammunition used in Department of Justice weapons are paramount to the survival of Special Agents and others in the face of a violent confrontation. Ammunition is stored, carried, and fired from service weapons in a variety of environmental conditions around the world. FBI pistols are chambered in 9mm Luger.

C.2 SCOPE

C.2.1 Provide Service (Full-size), Service (Micro), Training Reduced-Lead, and Frangible ammunition which is fully compatible with all 9mm Luger weapons issued or approved by the FBI (see Section C.5.1).

C.2.2 Deliver within 90 days after receipt of order. Deliveries to be shipped FOB

Destination to all FBI (and other approved Federal government locations) CONUS, to also include Hawaii, Alaska and Puerto Rico.

C.2.3 Provide ammunition that is satisfactory to Department of Justice personnel as reflected in quality assurance testing designed to ensure proper functionality when fired from a weapon.

C.3 GENERAL REQUIREMENTS

C.3.1 Ammunition shall conform to all dimensional specifications and performance standards recommended by the Sporting Arms and Ammunition Manufacturers' Institute, Inc. (SAAMI)1.

The FBI reserves the right to require more stringent specifications than those set forth by the SAAMI to meet the specific needs of the FBI.

C.3.2 Ammunition shall consist of production ammunition manufactured by the Offeror.

C.3.3 No component of the round shall have been used previously. Reloaded ammunition is prohibited.

C.3.4 Service (Full-size), Training Reduced Lead, and Frangible ammunition shall have a power factor not to exceed 160 when fired in a Glock 19M.

Service (Micro) ammunition shall have a power factor not to exceed 160 when fired in a Glock 43X.

Power factor is defined as: bullet weight (grains) x feet per second (instrumental velocity measured at 15 feet) / 1,000.

For example, sample cartridge “A” has a bullet weight of 147 grains and an instrumental velocity of 975 fps. Power factor is calculated as follows:

Sample Cartridge “A”: [(147 x 975) / 1,000] = 143.

C.3.5 Offeror shall be capable of manufacturing the entire quantity of ammunition at the

Offeror’s manufacturing facility within the required time frames. The Offeror may purchase components for the cartridge from other sources, but the Offeror shall be the primary manufacturer of the ammunition. The Offeror must not use or employ any subcontractors without the prior written approval of the FBI.

C.3.6 Contractor shall provide annual proof of liability insurance for a minimum amount of $1,000,000 USD.

C.3.7 Contractor shall be capable of conducting continuous in-house quality control

1 Published by SAAMI, 11 Mile Hill Road, Newtown, Connecticut 06470-2359. Available through American National Standards Institute (ANSI), 25 West 43nd Street, Fourth Floor, New York, New York 10036, (212) 642-4900, Publication: ANSI/SAAMI Z299.3-2015.

testing to ensure chamber pressures and velocities are maintained in accordance with the recommended specifications of the SAAMI, and/or this specification, if applicable. It is desired that measurements be performed with a Piezoelectric Conformal Transducer System. Further, the vendor must possess the capability of conducting failure analysis on any cartridge or component returned by the FBI which does not function as designed or that exhibits signs of an obvious anomaly.

Findings of failure analysis will be reported to the FBI in writing, within 5 business days, concerning the findings and remedial action taken by the vendor to correct the defect, if warranted.

C.3.8 The vendor shall not make any alterations to the ammunition design or components, including powder, primer, cartridge case, projectile, or suppliers thereof, without prior notification, and written approval by the CO.

C.4 CARTRIDGE SPECIFICATIONS

C.4.1 Projectile Weight2

Service (Full-size) – The unfired projectile shall not weigh less than 124 grains, nor shall it exceed 147 grains. It is necessary that the projectile be compatible with 4.0” to 4.5” barreled Glock pistols.

Service (Micro) – The unfired projectile shall not weigh less than 115 grains, nor shall it exceed 147 grains. It is necessary that the projectile be compatible with 3.41” to 3.43” barreled Glock pistols.

Training Reduced-Lead – The unfired projectile shall not weigh less than 124 grains, nor shall it exceed 147 grains.

Frangible – The unfired projectile shall not weigh less than 80 grains, nor shall it exceed 147 grains.

C.4.2 Projectile Design

The projectile design shall not require that a clean barrel be seasoned by the firing of fouling shots in order to achieve optimal accuracy. If any type of surface coating is applied to the projectile, it shall not wear off or transfer under normal handling and/or storage (e.g., inside a pocket, etc.).

The bullet pull force will be sufficient so as not to dislodge the projectile from its seated position in a previously un-chambered cartridge during recoil (i.e., when contained in the magazine) or when feeding/chambering in the FBI weapons listed.

2 The established SAAMI tolerances for bullet weight apply, “To 100 grains – Nominal Weight +2%. 100 grains & over – Nominal Weight + 1.5%.”

The fired projectile shall not penetrate currently utilized FBI body armor including:

Point Blank Alpha Elite AX-IIIA (NIJ Level IIIA), Tyr Tactical Epic Fed (NIJ Level IIIA), and Tyr Tactical ULVCT (NIJ Level II).

The manufacturer shall certify and warrant that the projectile design is compatible with all listed FBI weapons (see Section C.5.1 for a list of the weapons) and will not cause abnormal wear or damage to any components of these weapons.

The projectiles shall not leave remnants of copper jackets or other metals in the pistol when fired which interfere with the cycle of operation.

Service (Full-size) and Service (Micro) – The projectile must be a jacketed hollow point or equivalent. Material which fills the cavity (e.g., polymer “tip”) is acceptable3. It is desirable that the service projectile consistently penetrate an average of 12” to 18” throughout FBI gelatin tests, with no shots less than 12”, expand to an optimal diameter, and retain as high a percentage of its weight as possible. The projectile shall not be a full metal jacket design or appearance and shall not have any exposed lead on the base of the projectile.

Training Reduced-Lead – The training reduced-lead projectile shall not exhibit a hollow point; it may have a round nose or flattened nose profile. The projectile shall not be of a frangible design. The jacket shall be copper or other material(s) suitable for use in FBI weapons (e.g., alloys and/or polymer coatings are acceptable) and the projectile shall have no exposed lead.

Frangible – The Frangible projectile shall contain less than 1% lead. It shall not break apart prior to impacting the target. It shall break apart when impacting steel with a minimum thickness of 3/8” and a minimum Abrasion Resistance (AR) of 400 Brinell (Rockwell C hardness of 43). It should not produce splash back sufficient to perforate .10” corrugated cardboard, at a distance of 9” from impact. The projectile shall not exhibit a hollow point4.

C.4.3 Projectile Accuracy Characteristics – Test Barrel

Service (Full-size) - The Service (Full-size) projectile should yield accuracy characteristics not to exceed a 4” average between two 10-shot groups, center to center, at 50 meters, when fired from a 4”, 1:10 twist, accuracy test barrel for 9mm Luger. The size of each 10-shot group will be measured for extreme spread, measured center to center.

Service (Micro) - The Service (Micro) projectile should yield accuracy

3 If present, the polymer tip should not wear/break off and result in debris remaining in the magazines during normal law enforcement usage.

4 A shallow indentation on the nose of the projectile as a result of the manufacturing process is permitted.

characteristics not to exceed a 4” average between two 10-shot groups, center to center, at 50 meters, when fired from a 3.41”, 1:10 twist, accuracy test barrel for 9mm Luger. The size of each 10-shot group will be measured for extreme spread, measured center to center.

Training Reduced-Lead – The Training Reduced-Lead projectile should yield accuracy characteristics not to exceed a 4” average between two 10-shot groups, center to center, at 50 meters, when fired from a 4”, 1:10 twist, accuracy test barrel for 9mm Luger.

Frangible –The Frangible projectile should yield accuracy characteristics not to exceed a 4” average between two 10-shot groups, center to center, at 25 meters, when fired from a 4”, 1:10 twist, accuracy test barrel for 9mm Luger.

C.4.4 Cartridge Case

The cartridge case shall bear the manufacturer’s name (abbreviations are acceptable) and the caliber of the round. The year of manufacture or a code to indicate the year of manufacture is required5.

The cartridge case mouth and primer shall be sealed to prevent the entrance of moisture, which could alter the performance of components in various environmental conditions. The sealant(s) should not interfere with the cycle of operation in the pistol.

The waterproofing requirement applies as indicated below for the four categories of ammunition:

Service (Full-size) – Required

Service (Micro) – Required Training Reduced-lead – Optional Frangible - Optional

The cartridge case shall not rupture or split when fired in high quality firearms (see Section C.5.1), absent circumstances beyond the vendor’s control, such as those caused by the shooter or a defective weapon.

The cartridge case head shall be of sufficient hardness to prevent the incidence of a blown primer when fired in previously referenced firearms.

Service (Full-size) and Service (Micro) – Shall be manufactured from brass

5 Test samples submitted for this RFP are not required to have this information on the headstamp; however, the requirement will not be waived if the Offeror’s sample is selected for an award.

and shall be nickel plated.

Training Reduced-Lead – Shall be manufactured from brass and shall NOT be nickel plated.

Frangible – Shall be manufactured from brass and shall NOT be nickel plated.

C.4.5 Primer

For all cartridge types the primer shall be non-corrosive. Offerors shall ensure the primers remain securely in place in the primer pocket during the entire cycle of operation.

Service (Full-size) and Service (Micro) – Shall NOT be lead-free.

Training Reduced-lead – Shall be lead-free Frangible – Shall be lead-free

C.4.6 Pressure

SAAMI Pressure Testing (Ambient Temperature)

Average chamber pressure shall conform to SAAMI recommended specifications for Maximum Probable Sample Mean not to exceed 41,500 pounds per square inch (psi). No single round shall exceed 46,800 psi (90% of the minimum proof loading of 52,000 psi).

Environmental Temperature Exposure (-40F and +140F)

The above-referenced SAAMI Pressure specifications are also required at environmental extremes (-40F and +140F).

C.4.7 Propellant

It is required that the propellant be clean burning and not leave substantial fouling or powder residue in the firearm or on the floor in front of the shooter. This is equally applicable to the Service (Full-size), Service (Micro), Training Reduced-Lead, and Frangible ammunition submissions.

It is required that the propellant in the Service (Full-size) and Service (Micro) submissions create a minimal amount of muzzle flash. It is preferred that the muzzle flash is less than or equal to current FBI service ammunition6.

6 Current FBI 9mm Service ammunition is Hornady Critical Duty, 135 grain +P Flexlock, product #: 90115.

C.5 FUNCTIONING AND AMMUNITION DEFECTS

C.5.1 Ammunition must function7 in the following firearms in the FBI inventory or weapons authorized for personally owned carry. These weapons are:

Glock 17 (Gen3, Gen4, M and MGen5) Glock 19 (Gen3, Gen4, M and MGen5) Glock 26 (Gen3, Gen4 & Gen5) Glock 43 Glock 43X

C.5.2 Allowable ammunition failure rates are:

Service (Full-size) and Service (Micro) - No more than one (1) ammunition related failure per 10,000 round sample of service ammunition will be considered acceptable for the duration of the contract.

Training Reduced-Lead – No more than one (1) ammunition related failure per 5,000 round sample of training reduced-lead ammunition will be considered acceptable for the duration of the contact.

Frangible – No more than one (1) ammunition related failure per 2,500 round sample of frangible ammunition will be considered acceptable for the duration of the contact.

Ammunition-related failures shall not include failures which are shooter induced, caused by an improperly maintained weapon, and/or caused by a weapon defect.

C.5.3 Ammunition-related failures may occur at any point in the cycle of operation or while engaging in normal training and/or operational activities.

C.5.4 Ammunition-specific defects include, but are not limited to:

a) Deformed case

b) Inverted primer or bullet

c) Inert or defective primer

d) Squib load

e) Inconsistent bullet seating depth

f) Inconsistent powder charge

7 Functioning is defined as feeding, chambering, locking, firing, unlocking, extracting, ejecting, and cocking. This is also referred to as the ”cycle of operation.”

g) An excessive residue build up in the weapon

h) Excessive primer or bullet sealant (e.g., capable of causing fouling)

i) Cartridge not within recommended specifications of the SAAMI

j) Blown primer (excluding those caused by something other than ammunition)

C.5.5 In the event that an ammunition-related failure or an ammunition specific defect is encountered which exceeds the failure/defect rate established herein, the Government reserves the right to have the entire affected Lot/Day Code replaced at no additional cost to the Government.

C.5.6 Ammunition shall not result in visible damage to FBI firearms through normal law enforcement usage. Contractor shall be responsible for all costs associated with the replacement of damaged firearms and/or parts.

C.6 QUALITY CONTROL PLAN

C.6.1 Contractor shall provide specific information on Quality Control measures applied to all ammunition acquired under contract. Any revisions shall be forwarded to the COR within five (5) calendar days of the effective date.

C.6.2 Ammunition which fails any portion of Contractor’s Quality Control testing shall be rejected and not shipped. No further attempts shall be made to correct or otherwise remediate ammunition which has failed any portion of the testing, for purposes of delivery under this contract.

C.6.3 Contractor shall provide the Government with a 100 round retainer sample from all

Lots of service ammunition produced. The retainer sample ammunition is to be shipped to the FBI Ballistic Research Facility as soon as practical after it is produced.

C.6.4 Contractor shall provide pressure test reports for all LOTS/Day Codes shipped to the FBI along with gelatin test data (bare gel & auto glass events only) for every service LOT/Day Code shipped under the contract. These reports will be transmitted electronically to the FBI Ballistic Research Facility.

C.7 AUTHORIZED BUYERS

C.7.1 Interested parties shall contact the identified FBI Contracting Officer for prior authorization. Authorized Buyers include: Department of Justice agency components. Other agencies may seek permission to utilize the contract on a case by case basis directly to the Contracting Officer (CO), Contracting Officer’s Representative (COR), or Technical Point of Contact (TPOC).

C.7.2 All orders shall be prioritized in the order they are received. Emergency orders placed by the FBI, as identified by CO or COR, shall receive priority over all other orders.

C.8 REPORTS

C.8.1 Contractor shall provide quarterly reports to the Contracting Officer within ten (10) calendar days of the end of the quarter [Jan-Mar/Apr-Jun/Jul-Sep/Oct-Dec] during which supplies were ordered. The report shall include:

a) Contract Number

b) Period of Performance (ex: Base Year/Qtr. 1)

c) List of individual orders “ACCEPTED” during quarter for each authorized buyer (include delivery order number & dollar value of order).

NOTE: “ACCEPTED” refers to an order that has been received during the quarter, regardless if the order shipped. When an order has been received/accepted by the Contractor, the maximum, not to exceed, contract value is impacted.

d) Total dollar value of all accepted orders during the quarter (combined quarterly figure).

e) Total dollar value of usage to date (current quarterly figure combined with previous quarters) under the contract.

It is preferred that this information be provided using Microsoft Excel.

If the quarterly report is not provided within ten (10) calendar days of the end of quarter as required, a written explanation as to why the report is tardy shall be provided with the quarterly report.

C.8.2 Contractor shall be capable of tracking multiple ammunition lots sold and shipped under the contract in the event of a recall. Upon request, the Contractor shall supply this information to the COR for warranty purposes.

C.9 SECURITY AND ACCESS CONTROL

C.9.1 All required security forms and fingerprint cards can be obtained by the

Contractor through the COR, upon request. On-site visits require a minimum of 48 hours advance notice, unless an exigent circumstance exists which will require prior COR or Contracting Officer approval.

C.10 MEDIA STATEMENTS

C.10.1 All press statements and releases related to the contract shall receive advance written approval by the Contracting Officer.

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

D.1.1 Preservation, packaging, and packing for all items delivered under this contract shall be in accordance with commercial practice and adequate to ensure acceptance by common carrier and safe arrival at destination. The Contractor shall place the contract and delivery order number on or adjacent to the exterior shipping label.

D.1.2 Contractor shall be capable of tracking ammunition sold and shipped under the contract in the event of a recall. Upon request, the Contractor shall supply this information to the COR for warranty purposes.

D.1.3 Ammunition shall be contained in cartons of 50 cartridges. Cases may contain no more than twenty cartons (1,000 cartridges).

D.1.4 Cartons, cases and pallets shall reflect the following information unless otherwise specified:

a) Manufacturer name

b) Caliber of the round

c) Bullet weight and design

d) Lot number

e) Product number or code

f) Purpose:

i) SERVICE (Glock 19M / 17M)

ii) SERVICE (Glock 43 / 43X / 26)

iii) TRAINING REDUCED-LEAD

iv) TRAINING FRANGIBLE

Note: Pallets shall display the above-required information, in plain view, on at least one exterior side (other than top or bottom) of the stack for the purpose of inventory management.

D.1.5 If present, carton container inserts shall be constructed of biodegradable or recyclable material to minimize environmental impact after disposal or to allow recycling.

D.1.6 Styrofoam or high-density polystyrene inserts in the individual cartons are prohibited.

D.1.7 The insert shall not leave observable particles or residue on ammunition removed from the insert.

D.1.8 The insert, carton, and case shall be designed to support the weight of ammunition when palletized for shipping and storage, when three pallets of ammunition are stacked vertically on a level concrete floor.

D.1.9 Each 50 round carton shall securely hold all 50 rounds regardless of orientation of the carton.

D.1.10 No sales coupons or other promotional literature will be permitted inside the cartons or cases of ammunition.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 QUALITY ASSURANCE

The Government shall monitor customer satisfaction by reviewing quarterly reports and tracking shipments. The satisfactory delivery of ammunition will be closely monitored and tracked by the COR, Defensive Systems Unit, at FBI Quantico. Items tracked include timely delivery of supplies, accuracy of order, and condition of delivery upon receipt.

The Government will also periodically conduct random Quality Assurance (QA) testing of both retainer samples and Lots/Day Codes of ammunition to ensure items meet performance requirements for which the contract was awarded.

Ammunition which fail QA testing may be returned to the vendor, at no cost to the Government, and replaced with an equal amount of supplies. The Contractor will be notified by the COR, in writing, of the nature of the failure, defect, or deficiency.

Contractor shall take corrective action within 5 days of written notification of a contract non-conformance. Action shall include replacement of all defective, deficient, or suspect ammunition; and provide COR with written results of failure analysis and preventative measures to avoid repetitive non-conformances.

Failure to maintain the quality, durability, and reliability standards established at the time of award is detrimental to the Government. Should a continuing pattern of failure emerge over three consecutive shipments of ammunition, this may constitute grounds for the initiation of termination proceedings.

E.2 WARRANTIES

The Contractor warrants this product to be free of defects and of merchantable quality within the meaning of the Uniform Commercial Code. Offeror further warrants that the product conforms to all applicable requirements as outlined in the Section C; quality and performance standards established by the Sporting Arms and Ammunition Manufacturers Institute (SAAMI) in effect at the time of manufacture; and guarantees that the product will maintain a useful shelf life under reasonable storage conditions (both CONUS and OCONUS) for a period of five (5) years from the date of purchase.

Contractor warrants the projectile design is compatible with all listed FBI weapons from section C.5.1 and will not result in abnormal wear or damage to any components of the weapons.

Contractor shall guarantee their ammunition against manufacturing defects for five (5) years from the date of delivery.

SECTION F – DELIVERIES AND PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The anticipated period of performance shall be a twelve (12) month base period, to begin on the date of award, with four (4) potential one-year option periods.

F.2 DELIVERY SCHEDULE

Ammunition shall be drop shipped to destinations set forth in the respective delivery order or as designated by the Government Purchase Card Request Form. Contractor is to deliver the entire quantity of ammunition. Partial lots may be accepted with prior approval from the COR.

ALL DELIVERIES SHALL BE RECEIVED BY THE REQUESTOR NO LATER THAN 90 DAYS

AFTER RECEIPT OF ORDER BY THE CONTRACTOR.

IF DELIVERY CAN NOT BE MADE WITHIN THIS TIME FRAME, THE CONTRACTOR SHALL

FORWARD NOTIFICATION WITH A DETAILED REASON FOR NON-SHIPMENT TO THE

CONTRACT COR/TECHNICAL POINT OF CONTACT (TPOC) AND REQUESTOR’s

ATTENTION.

F.3 NOTICE TO THE GOVERNMENT OF DELAYS

In the event the contractor encounters difficulty in meeting performance requirements, or when the contractor anticipates difficulty in complying with contract delivery schedules or completion dates, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the contractor shall immediately notify the COR, in writing, giving pertinent details; provided, however, that this data shall be informational only and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

F.4 PLACE OF DELIVERY

Delivery of ammunition shall be FOB “Destination” within the CONUS, Alaska, Hawaii and Puerto Rico. This will apply to any entities authorized to purchase ammunition under this

All deliveries shall be FOB "Destination."

F.5 F.O.B. DESTINATION (52.247-34) (NOV 1991)

(a) The term "F.O.B. destination," as used in this clause, means--

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarder for less than carload shipments, the Contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall;

(1) Pack and mark the shipment to comply with contract specifications;

or in the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of Clause)

SECTION G – CONTRACT ADMINISTRATION

G.1 JAR 2852.201-70 CONTRACTING OFFICER’S REPRESENTATIVE

(COR) (JAN 1985)

A. An individual that shall be named after contract award is hereby designated to act as the Contracting Officer’s Representative (COR) under this contract.

B. The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

C. The COR does not have the authority to alter the Contractor's obligations under the contract; and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of clause)

G.2 ORDERING

In accordance with Federal Acquisition Regulation (FAR) 16.505, Ordering, and the clause at 52.216-18, Ordering, any supplies to be furnished under these contracts shall be ordered by issuance of delivery orders by entities authorized under the

G.3 INVOICING REQUIREMENTS

A. Invoices shall be submitted electronically to CENTRAL_INVOICES@FBI.GOV.

B. All invoices are required to have a unique identifying, non-duplicable number, and reflect the contract number, delivery order number, list of supplies, delivery date and Contractor point of contact information (name, email address, phone number).

It shall be the Contractor’s responsibility to include the information required by this contract on each invoice. If an invoice does not contain the above information, the Government reserves the right to reject the invoice as IMPROPER and notify the vendor within seven (7) days after receipt of the invoice at the designated billing office. Resubmission of a PROPER invoice will be mailto:CENTRAL_INVOICES@IC.FBI.GOV required.

Any requirement for resubmission for payment or Contractor questions regarding payment should be directed to the COR or Agency Point of Contact under the contract. All follow-up invoices (i.e. revised, resubmitted) shall be marked

"REVISED".

G.4 SMALL BUSINESS ACCELERATED PAYMENT

Contractor must indicate its business size on each invoice to assist payment office in determining eligibility for accelerated payment in accordance with OMB Memo M-

11-32, ‘ACCELERATING PAYMENTS TO SMALL BUSINESSES FOR GOODS AND

SERVICES’, dated 10/14/2011. The Prompt Payment Act still applies to this action;

however, the agency will make best efforts to pay proper invoices within 15 days.

G.5 PAYMENT

Payment will be made by the FBI’s Commercial Payments Unit (CPU) in accordance with the Prompt Payment Act upon COR certification of receipt of supplies.

G.6 WITHHOLDING OF CONTRACT PAYMENTS

Notwithstanding any other payment provision of this contract, failure of the Contractor to submit required reports when due or failure to perform or deliver required work, supplies, or services will result in the withholding of payments under this contract unless such failure arises out of causes beyond the control, and without the fault or negligence of the Contractor as defined by the terms and conditions of the contract. The Government shall promptly notify the contractor of its intention to withhold payment of any invoice or voucher submitted.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 DISCLOSURE OF DATA UNDER THE FREEDOM OF INFORMATION ACT (FOIA)

If a request for information contained in a proposal is requested under the FOIA, the Government shall have the right to disclose any information or data contained in a proposal that results in a contract to the extent provided under the FOIA, notwithstanding any restrictive legends that may have been placed upon it in accordance with other contract provisions. The Government will, before disclosure, make an administrative determination on a case-by-case basis as to whether the information requested is exempt from disclosure by one of the established exceptions to the ACT. In making this determination the procedures outlined in 28 CFR, paragraph 16.7 shall be followed which, in part, affords the submitter of a proposal an opportunity to object to disclosure.

H.2 GOVERNMENT RIGHTS IN DATA AND COPYRIGHTS

The government shall have unlimited rights, as delineated in the FAR clause Rights in data-special works (52.227-17) which is included in SECTION I by reference, to all documentation and other data developed by the Contractor under this contract.

The Contractor shall not duplicate or disclose in any manner, for any purpose whatsoever, or have or permit others to do so, any documentation or other data developed and/or obtained by the Contractor under this contract. Any publications, presentations and other release of information regarding this contract must be pre-approved by the Contracting Officer.

H.3 ACCESS TO FEDERAL BUREAU OF INVESTIGATION (FBI) LOCATIONS

Performance under this contract may require access to FBI locations to provide some service, product, or perform some other official function of interest to the FBI.

Requirements, as identified below, including approval by the FBI's Security Division, must be satisfied prior to access. Contractors who will require escorted access, including short-term, intermittent, or infrequent access, to an FBI facility must complete an "Access of Non- FBI Personnel to FBI Facilities, Background Data Information Form," (FD-816), a "Privacy Act of 1974 Acknowledgment Form" (FD-484) and two Fingerprint Cards (FD-258).

Completed forms should be provided to the assigned Contracting Officer's Technical Representative (COTR) at least 10 days prior to required access.

H.4 CONTRACTOR SUITABILITY REQUIREMENT

Access to FBI facilities and information is subject to specific security and suitability requirements. The FBI reserves the right and prerogative to deny and/or restrict facility and information access of any contractor employee determined by the FBI, at any time during performance, to be unsuitable for access and/or present a risk of compromising sensitive government information to which he or she would have access to under this contract. Contractors will be allotted a reasonable amount of time, determined by the government, to replace the employee found not suitable for continued contract performance. Failure to replace the employee may result in a no cost termination for cause by the government.

H.5 DOJ RESIDENCY REQUIREMENT

All contractor personnel employed within the United States, both United States citizens and non-United States citizens, are required to meet the following residency requirements:

a. For three of the five years immediately prior to applying for the specific contract position, the individual must have 1) resided in the United States; 2) worked for the United States overseas in a Federal or military capability; or 3) be a dependent of a Federal or military employee serving overseas.

The requirement may be waived for short term contractor personnel (performing duties for a cumulative total of 14 days or less) if there is a critical need for their specialized and unique skills. These individuals must, however, be United States citizens or Permanent Resident Aliens.

H.6 DISRUPTION TO THE SCHEDULE

The Contractor shall notify the COTR at any time when there is or may be a disruption of any type which would delay any deliveries under the schedule. Such notification shall be provided to the COTR by telephone, as soon as the situation is known to the Contractor, and shall be followed up in writing to both the COTR and Contracting Officer within five (5) days.

PART II – CONTRACT CLAUSES

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):

https://www.acquisition.gov/far/

A. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.202-1 DEFINITIONS NOV 2013

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL JAN 2017

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2016

52.212-4 CONTRACT TERMS & CONDITIONS – JAN 2017

COMMERCIAL ITEMS

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL DEC 2013

BUSINESS SUBCONTRACTORS

52.233-1 DISPUTES MAY 2014

52.242-13 BANKRUPTCY JUL 1995

52.253-1 COMPUTER GENERATED FORMS JAN 1991

I.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

https://www.acquisition.gov/far/

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111- 117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C.

6101 note).

XX (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C.

644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.

637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C.

637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

___ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222- 59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5…