H9240323R0002-0002.pdf

SEE ADDENDUM

(No Collect Calls)

H9240323R0002 17-Mar-2023

b. TELEPHONE NUMBER

813-826-6852

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 18 Mar 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

H924039. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

H9240323R0002

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MICHAEL C WATSON

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

HQ USSOCOM

SOF AT&L-KR

7701 TAMPA POINT BLVD

TAMPA FL 33621-5323

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

D0-A6

CODE

SEE ITEM 9

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

332994

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF63

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

H9240323R0002

Section SF 1449 - CONTINUATION SHEET

MIN/MAX

A. This is an Indefinite Delivery/Indefinite Quantity (IDIQ) contract for the SOCOM Unique Munitions Requirements (SUMR) to purchase various small caliber ammunition items to include, Commercial Ammunition Items, Gov’t Specifications Items, Research and Development Items, Test and Evaluation Support, and the Demonstration and Training of Prototype ammunition supporting the SOF small caliber capability requirements and the Total Munition Requirements (TMR) in the most effective, economical, and timely manner. This contract has a 10-year ordering period. The Government will issue FFP Delivery Orders/ Task Orders (DO/TO) during the 10-year ordering period.

B. The minimum guaranteed contract value is $2,500.00. There are no DO/TOs guaranteed above the stated minimum guarantee.

C. The maximum contract ceiling for all DO/TOs issued against this IDIQ contract shall not exceed $750,000,000.00.

D. All requirements will be priced at the DO/TO level, utilizing Fair Opportunity Proposal Request (FOPR), unless there is an exception to the fair opportunity process in accordance with (IAW) Federal Acquisition regulation (FAR )16.505(b)(2).

E. The ordering periods are as follows:

CLIN Description Ordering Period Dates 0001 Kick-off Meeting Years 1-10 22 July 2023-21 July 2033 0002 Ammunition Years 1-10 22 July 2023-21 July 2033 0003 CDRLs Years 1-10 22 July 2023-21 July 2033

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 $2,500.00 $2,500.00 0002 20,000 10,000,000.00 $750,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER

VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 1.00 $2,500.00 1.00 $2,500.00 0002 20,000.00 $ $10,000,000.00

0003 NSP $ NSP

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each KickOff Meeting

FFP

KickOff Meeting FOB: Destination

NET AMT

0002 Lot Ammunition

FFP

SOCOM Unique Munitions enumerated in Paragraph 1, "Scope" of the Statement of Work (SOW) annexed hereto as Attachment 1. Delivery orders shall include price, quantity and delivery details in accordance with Exhibit B "Delivery Order Template".

FOB: Destination

PSC CD: 1305

CDRL's

FFP

CDRL's A001-A029

DELIVERY ORDER PROCEDURES

FAR 16.505 (and as supplemented by the DFARS 216.505 & SOFARS 5616.505) will be used for Delivery Order Procedures. As requirements are identified, the Government will issue a Fair Opportunity Proposal Request (FOPR) that will describe the Government requirements, along with the required proposal response time. Delivery Orders issued hereunder are subject to the terms and conditions of the basic IDIQ contract. When the Government identifies a requirement a FOPR will be issued. The FOPR will contain a list of the type of required ammunition;

required specific quantities, or quantity range, or known available funding/budget; and any special instructions.

1) The Government shall solicit only one type of ammunition and not combine and solicit multiple types of ammunition under a single FOPR.

2) The Government may solicit for a specific quantity of ammunition. For example, when solicited, the Contractor shall propose a Firm Fixed Price (FFP) per round based on a quantity of XXX rounds of XXX type ammunition.

3) The Government may solicit for a quantity range of ammunition. For example, when solicited, the Contractor shall propose a FFP per round based on a quantity range of 1,000,000 – 3,000,000 rounds with a proposed delivery date, of XXX type ammunition. In response to a successful offer, the Government will issue a Deliver Order (DO) based on a specific quantity within the proposed range, and a requirement for proposed delivery dates.

4) The Government may solicit ammunition based on the known available funding/budget. For example, when solicited, the Contractor shall propose the maximum number of rounds (based on a FFP per round) that can be purchased based on a budget specified by the Government.

Award will be made to an offeror in accordance with the evaluation criteria defined at the FOPR level.

Delivery Orders:

Delivery Orders shall be proposed and -awarded on a Firm-Fixed Price (FFP) basis. The Contract Line-Item Number (CLIN) structure on each Delivery Order will follow the CLIN structure of the IDIQ contract.

Delivery Order Competition for subsequent awards is as follows: Fair Opportunity Proposal Request (FOPR). The Contracting Officer (KO) will initiate the FOPR process by sending a FOPR letter to all IDIQ contractors.

The FOPR Letter will include the following information:

• Offer due date and offer submittal instructions.

• Type; specific quantity or quantity range or known available funding/budget of required ammunition.

• Delivery schedule.

• Evaluation Criteria and basis for award.

• Any special instructions pertaining to the delivery order, if applicable.

The contractor’s Delivery Order proposal shall be submitted to the Contracting Officer on or before the time and date specified in the FOPR letter. Pricing on delivery order proposals shall be valid as indicated on the FOPR.

Once an apparent awardee is identified, the offeror will be assessed for responsibility, IAW FAR 9.104-1.

Delivery Schedule: Each FOPR issued will include a Government desired or required delivery schedule. The contractor is encouraged to propose a shorter delivery schedule if they can deliver earlier.

Anniversary Date:

Upon award of each IDIQ the effective date will mark the start of that individual IDIQ’s anniversary date.

ON-RAMP AND OFF-RAMP PROCEDURE

1. On-Ramping Conditions:

The Government reserves the right to on-ramp additional contractors at any time based on mission needs. The Government will utilize the same evaluation criteria as in the original solicitation.

2. Off-Ramping Conditions:

The following are the processes for the Government to off-ramp a Contractor from the IDIQ.

The Government will review each IDIQ awardee annually on their anniversary date for the following criteria. Failure to meet the criteria will allow for the contractor to be off-ramped:

Failure to submit proposals in response to at least 10% of FOPRs over a twelve (12) month period.

• Failure of the prime contractor or subcontractors to maintain the required licenses.

• Poor delivery order performance as evidenced by Contracting Officer notification.

Examples include, but are not limited to late, unexcused deliveries on two or more delivery orders; two or more notifications from the Contracting Officer with concerns over contract performance; one or more “Less Than Satisfactory” Ratings in CPARS

• Failure to maintain the responsibility status as defined by FAR 9.104.

• Contractor is rated with less than satisfactory performance as documented in the Contract Performance Assessment Reporting System (CPARS)/Past Performance Information Retrieval System (PPIRS).

• Contractor is placed on Debarment, Suspension, or Ineligibility as defined in FAR Subpart

9.4.

• Contractor fails to make a good faith effort to meet small business subcontracting goals.

• Contractor is unable to recertify as a small business for option exercise and is on the Small

Business suite of Contracts.

• Contractor loses its small business status due to a merger or acquisition. In the event of a merger or acquisition that changes a small business status to other than small business, the Contractor is immediately placed in dormant status and will be off-ramped at the next option period or, if no option periods remain, may be off-ramped through a termination for convenience.

• Contractor fails to perform cost-reimbursement Task Orders adequately at the cost initially proposed, resulting in repeated requests to raise the ceiling, which are not attributable to modifications increasing the work.

• Contractor is experiencing excessive vacancies or is not maintaining the staffing requirements of the individual Task Order PWS/SOW.

• Contractor fails to receive a Task Order award within a two (2) calendar year period. This action will be dependent upon current circumstances and number of Task Orders issued for the period.

b) The Government intends to maintain a strategic relationship with IDIQ contractors for the duration of the IDIQ order period. However, the Government reserves the right to off-ramp any contractor as set forth in paragraph a) above.

3. Off-Ramp Events:

During a Contract off-ramp, the Contracting Officer may elect to remove Contractor(s) from the multiple award ID/IQ Contract suite by terminating the Contract in accordance with the FAR.

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-11 Certification and Disclosure Regarding Payments to Influence

Certain Federal Transactions

SEP 2024

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.203-15 Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009

JUN 2010

52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.204-2 Security Requirements MAR 2021 52.204-7 System for Award Management NOV 2024 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-20 Predecessor of Offeror AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts)

AUG 2024

52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded

JAN 2025

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.209-13 Violation of Arms Control Treaties or Agreements -- Certification

NOV 2021

52.210-1 Market Research NOV 2021 52.211-7 Alternatives to Government-Unique Standards NOV 1999 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

JUN 2020

52.215-13 Alt I Subcontractor Certified Cost or Pricing Data--Modifications (JUN 2020) - Alternate I

AUG 2020

52.217-2 Cancellation Under Multiyear Contracts OCT 1997 52.219-1 Small Business Program Representations FEB 2024 52.219-1 Small Business Program Representations FEB 2024 52.219-8 Utilization of Small Business Concerns JAN 2025 52.219-9 Small Business Subcontracting Plan JAN 2025 52.219-13 Notice of Set-Aside of Orders MAR 2020 52.219-13 Alt I Notice of Set-Aside of Orders (MAR 2020) Alternate I MAR 2020 52.219-14 Limitations On Subcontracting OCT 2022 52.219-28 Postaward Small Business Program Rerepresentation JAN 2025 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2025 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-29 Notification Of Visa Denial APR 2015 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification JAN 2025 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.225-18 Place of Manufacture AUG 2018 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.226-7 Drug-Free Workplace MAY 2024 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.232-18 Availability Of Funds APR 1984 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014 52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

JAN 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7007 Alternate A, Annual Representations and Certifications OCT 2024 252.204-7007 Alternate A, Annual Representations and Certifications OCT 2024 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7021 Contractor Compliance with the Cybersecurity Maturity

Model Certification Level Requirement

JAN 2023

252.205-7000 Provision Of Information To Cooperative Agreement Holders OCT 2024 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

SEP 2019

252.215-7008 Only One Offer DEC 2022

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors

JAN 2023

252.223-7002 Safety Precautions for Ammunition and Explosives NOV 2023 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7007 Safeguarding Sensitive Conventional Arms, Ammunition, and Explosives

NOV 2023

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7005 Identification Of Expenditures In The United States JUN 2005 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7013 Duty-Free Entry--Basic NOV 2023 252.225-7041 Correspondence in English JUN 1997 252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.225-7048 Export-Controlled Items JUN 2013 252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

DEC 2022

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2024-O0014)

AUG 2024

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2024- O0014)

AUG 2024

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

JAN 2023

252.227-7015 Technical Data--Commercial Products and Commercial Services

JAN 2025

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7011 Payments in Support of Emergencies and Contingency

Operations

MAY 2013

252.232-7017 Accelerating Payments to Small Business Subcontractors-- Prohibition on Fees and Consideration

APR 2020

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.239-7017 Notice of Supply Chain Risk DEC 2022 252.239-7018 Supply Chain Risk DEC 2022 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea OCT 2024

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by--

(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571-767-6688 or email at assisthelp@dla.mil.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

Addendum to FAR 52.212-1, Instructions to Offerors – Commercial Items

Paragraph 52.212-1(c), Period for Acceptance of Offers, is tailored as follows: the offeror agrees to hold the prices for delivery orders in its offer firm for 90 calendar days from the date specified for receipt of offers. Offerors may specify a longer acceptance period than the Government’s minimum requirement.

Background: The purpose of this Request for Proposal (RFP) is to establish multiple Indefinite-Delivery/Indefinite- Quantity (IDIQ) contracts to acquire munitions unique to SOCOM and not supported by normal US Army Requisition avenues.

Contracting Approach: The Government intends to award contracts to all qualified offerors for the SUMR IDIQ by making an integrated, best value determination between past performance and technical acceptability. Offerors who submit technically acceptable proposals and who receive Neutral or Better Confidence for past performance, would represent the best value to the Government.

The Government reserves the right to award no contracts based upon the results of the proposal evaluations. The contract ordering period will be 102 months.

Solicitation Procedures: This is an all-electronic solicitation release. Hard copies shall not be mailed or accepted.

The solicitation and any amendments to the solicitation will be posted to www.SAM.gov. It is the responsibility of each Offeror to review SAM.gov for notice of amendments, updates, or changes to current information. Proprietary information submitted in response to this solicitation will be protected from unauthorized disclosure as required by Subsection 27 of the Office of Federal Procurement Policy Act as amended (41 U.S.C. §§2101-2107) as implemented in the Federal Acquisition Regulation (FAR) and appropriate supplements. The proposal and corresponding program will be unclassified and treated as Source Selection Information (see FAR 2.101 and 3.104).

Classified information will not be accepted.

Any significant inconsistency, if unexplained, raises a fundamental issue of the Offeror’s understanding and/or ability to perform the contract. In no case shall words like “we will comply with the requirements of the contract”, or equivalent statements, be acceptable to meet the requirements of this RFP.

The following is inserted as new paragraph (m) of the provision:

(Section L) Proposal Preparation Instructions.

(1) To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. Failure to meet solicitation requirements may result in the proposal being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

(a) Offerors shall provide information by addressing each Factor in the format and sequence identified in the solicitation. The Offerors must provide information in sufficient detail to allow the Government to make Acceptable or Unacceptable assessment of the Offeror’s capability to support the proposed response to the evaluation criteria. Proposals that do not contain the information requested in the solicitation risk being determined as Unacceptable by the Government. The Government will not assume the Offeror possesses any capability, understanding, or commitment not specified in the proposal. The proposal must not merely repeat the solicitation requirements, but rather must provide convincing documentary evidence in support of conclusive statements of how contract requirements will be met.

(b) Proposals shall be valid for 90 days from the solicitation due date.

(2) The response shall consist of three (3) separate parts: Part I - Introduction, Part II - Technical

Proposal, Part III - Past Performance Information.

25 Pages Counted. Each page shall be counted except for the following:

Cover pages Table of Contents List of Figures Glossaries/Acronym List Historical LAT or FAAT Reports Certificates of Conformance Copies Applicable Licenses, Registrations, and Certifications

Text. Text type shall be Times New Roman, no smaller than 12-point with single spacing. Each volume shall be as brief as possible, consistent with complete submission. The page count will be made by counting the pages from left to right, consecutively. Pages that exceed the page limitation will be returned to the Offeror and will not be evaluated. Each paragraph shall be separated by at least one blank line. Annexes, documentation, and attachments that are submitted by the Offeror, which are not required as part of the RFP, will count against the page limitations. If pages are printed on both sides, each side will count as a separate page. Pages should not exceed 8-1/2 inches in width by 11 inches in length; foldout pages depicting such items as sketches, factory floor layouts, etc. may be used, with each fold counted as one additional page.

(3) Do not password-protect attachments. To avoid rejection of an offer, ensure the electronic submission is virus-free. Submissions, or portions thereof, in which a virus is detected or is otherwise unreadable, will be treated as "unreadable" and shall not be considered for award. Do not assume electronic submission will be instantaneous. The file size and number of files to be uploaded will impact the length of time for submission and Government receipt. Offerors are required to ensure adequate time for Government receipt of the proposal by the due date and time. The entire and complete proposal package must be received prior to the date and time for receipt of proposal to be considered for award.

(4) Specific Instructions:

A. PART I – INTRODUCTION

(i) Standard Form (SF) 1449. Complete blocks 12, 17a, 30a, 30b, and 30c. In doing so, the offeror accedes to the contract terms and conditions as written in the solicitation unless the offeror affirmatively states any exceptions, deviations or waivers to the contract terms and conditions. An incomplete proposal may be considered to indicate lack of understanding of the requirement and may result in the entire proposal being determined “unacceptable” and eliminated from further consideration.

(ii) All offerors must be actively registered in the System for Award Management:

https://sam.gov/SAM/, at the time of proposal submission to be considered for award.

(iii) For provisions and clauses in the solicitation other than FAR 52.212-3 (completion of this provision is accomplished with SAM registration), complete the necessary fill-ins and certifications and submit the completed pages with Part I.

(iv) Submit an acknowledgment of all solicitation amendments, if issued. Failure to acknowledge amendments to the solicitation shall result in the proposal being considered nonconforming to the solicitation and therefore ineligible for award. Amendments shall be acknowledged by signing and returning the first page of the SF30, along with any additional documents required by the amendment.

(v) Submit a letter, signed at the vice-president level or equivalent or higher, that identifies the individual(s) with the authority to obligate or otherwise bind the offering company to the resulting contract and, if necessary, future contract modifications.

(vi) Submit copies of the following:

Any ISO 9001:2015 or equivalent certifications Lot Acceptance Test: Provide at least one (1) recent (within the last three years from date of Solicitation) Lot Acceptance Test for any ammunition delivery.

NOTE: Licenses and/or certifications must be current at the time of proposal submission. Timelines to obtain or renew expired licenses shall not be considered.

(vii) Submit documentation (a screenshot is acceptable) of the Contractor’s Administrator (CAM) as it appears in the Procurement Integrated Enterprise Environment (PIEE) government system as confirmation the offeror is established to submit invoices IAW 252.232-7006, Wide Area WorkFlow Payment Instructions.

(viii) Responsibility Determination and Supporting Documentation: To assist in determining contractor responsibility in accordance with FAR 9.104-3(a), the offeror shall explain in 1-3 pages, how it plans tomaintain adequate financial resources for a contract of this magnitude (more than $1M) and length. Offeror shall include supporting documentation (not included in the page count) certified by an authorized representative from the Offeror’s financial institution.

IAW FAR 9.104-5, the offeror is required to comply with the submission regarding FAR 52.209-5, Certification Regarding Responsibility Matters. Since it is the Government’s intent to make Award Without Discussions IAW FAR 52.215-1, the Government may request that an offeror submit additional information so a responsibility determination can be made. This request for additional information will not be construed as communications or discussions with an offeror as defined by FAR 15.306.

B. PART II – TECHNICAL VOLUME

(i) Volume Organization. The Technical volume shall be organized according to the following general outline. The Technical volume shall not exceed 25 pages:

(1) Table of Contents

(2) Glossary

(3) Factor 1 – Technical Acceptability:

o Licensing required to manufacture and sell the ammunition solicited o At a minimum Class VI BATFE Licensing for the manufacture of ammunition for destructive devices of armor piercing ammunition o Additional BATFE requirements licensing may be required based on specific Delivery Order requirements

NOTE: Licenses and/or certifications must be current at the time of proposal submission.

Timelines to obtain or renew expired licenses shall not be considered

(ii) Provide a detailed approach to accomplish all sub-factors. By submitting a proposal, the offeror affirms that its organization will perform all requirements specified in the RFP and Attachment 1 – Statement of Work (SOW).

(iii) Sub-Factor 1 – Summary of Quality Assurance, Manufacturing, Production, Safety, Risk, and Management Plans

This factor addresses the Offeror’s overall plan for ensuring the quality of products identified in the SOW. Specifically, offerors shall address/provide:

a) Organizational chart with a supporting narrative identifying lines of authority and responsibilities. The adequacy of the Offeror’s evidence that the key personnel working the program have the requisite disciplines, experience and expertise to successfully produce the ammunition and execute subsequent orders successfully to support the integrated master schedule (IMS).

b) Methods to identify and track discrepancies, document and analyze trends, utilize trend and root cause analyses as well as processes for recording, computing and assessing performance measurement data.

c) Corrective action strategy to include implementation, follow-up, monitoring and methods for information sharing (“cross-tell”) throughout the organization.

d) A system for recording, computing and assessing performance measurement data.

e) Methods for segregation of non-conforming material.

f) The adequacy of the Offeror’s Configuration Management System that would be used for the ammunition. The Government will evaluate the adequacy of Offeror’s plan for tracking, processing and controlling engineering changes, variations to drawings and specifications. The Government will evaluate the Offeror’s Configuration Management Organization and associated processes for configuration management and how the Offeror flows down these changes from engineering to the production floor at the subcontractor level.

(iv) Sub-Factor 2 – Storage, Packaging and Delivery

Offeror’s technical approach shall detail how the ammunition shall be properly stored (individual containers and warehousing facilities) and how the offeror will meet or exceed the packaging and delivery requirements stated in the SOW. Offeror’s technical approach shall detail the Offeror’s process to obtain the Certificate of Conformance from each manufacturer for each ammunition delivery and its established practices to comply with the documentation requirements stated in SOW Paragraph 4.

C. PART III – PAST PERFORMANCE VOLUME

(i) Volume Organization. The Past Performance volume shall be organized according to the following general outline, Past performance volume shall not exceed 25 pages:

(1) Table of Contents

(2) Glossary

(3) Summary Page

(4) Past Performance Information (PPI)

(5) Organization Structure Change History

(6) Subcontractor Letters of Consent

(7) Client Authorization Letters

(ii) Summary Page. Many companies have acquired, been acquired by, otherwise merged with other companies, and/or reorganized their divisions, business groups, subsidiary companies, etc.

In many cases, these changes have taken place during the time of performance of relevant present or past contracts. As a result, it is sometimes difficult to determine what past performance is relevant to this acquisition. To facilitate this relevancy determination, include in this proposal volume a “roadmap” describing all such changes in the organization of the offering company. As part of this explanation, show how these changes impact the relevance of any efforts identified for the past performance evaluation. Since the Government intends to consider past and present performance information provided by other sources as well, the “roadmap” should be applicable to contracts the Government receives information on from other sources.

If applicable, describe the role of the Offeror and each subcontractor, teaming partner, and/or joint venture partner for whom the Offeror is required to provide Past Performance Information Sheets in accordance with paragraph e below.

(iii) Quality and Satisfaction Rating of Contracts completed in the past three years. Provide any information currently available (letters, metrics, customer surveys, independent surveys, etc.)

that demonstrates customer satisfaction with overall job performance and/or quality of completed and/or ongoing contracts. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems, such as cost overruns, extended performance periods, numerous warranty calls, etc.

(iv) Past Performance Information (PPI). Utilizing the PPI Sheet (Attachment 3), submit information on no more than five (5) recent contracts the offeror considers most relevant in demonstrating the ability to perform the proposed effort. Two (2) of the past performance references may be for a subcontractor, teaming partner, and/or joint venture partner that will perform major or critical aspects of the requirement (i.e., 25% or more of the work). “Recent” is defined as ongoing contracts or those completed within three (3) years of the date of issuance of the solicitation. For a description of the characteristics or aspects the USG will consider in determining relevancy, reference 52.212-2 – Addendum to EVALUATION-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES below. The Past Performance Information sheets for each contract are limited to five (5) pages.

Include rationale supporting your assertion of relevance and identify aspects of the contracts deemed relevant and how they relate to the proposed effort. If an offeror has no past performance history of relevance, the offeror must affirmatively state it possesses no past performance history of relevance.

(v) The evaluation of past performance information will take into account past performance regarding (1) predecessor companies, (2) key personnel who have relevant experience, and/or (3) subcontractors that will perform major or critical aspects of the requirement when such information is relevant to this acquisition. Offerors who do not have past performance delivering ammunition to the USG must provide a detailed summary of past commercial ammunition deliveries that they have successfully completed along with technical data detailing the pressure, velocity, and dispersion of the ammunition produced.

Offerors will also be required to provide a detailed description of their inspections and testing capabilities to successfully complete a FAAT and LAT. Offerors will also be required to provide Points of Contact (POC) for historical ammunition deliveries.

(vi) Specific Content: Offerors may include a discussion of efforts accomplished by the Offeror to resolve problems encountered on prior contracts as well as past efforts to identify and manage program risk. Merely having problems does not automatically equate to an unacceptable rating, since the problems encountered may have been on a more complex program or an Offeror may have subsequently demonstrated the ability to overcome the problems.