HSSS01-16-R-0018.pdf

HSSS01-16-R-0018

TABLE OF CONTENTS

SUPPLIES AND SERVICES PRICE SCHEDULE

STATEMENT OF WORK

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

CONTRACT CLAUSES

CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE:

52.202-1 Definitions. (Jul 2004) 52.203-3 Gratuities. (Apr 1984) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (Oct 2010) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011) 52.204-7 System for Award Management (Jul 2013) 52.204-13 System for Award Management Maintenance (Jul 2013) 52.229-3 Federal, State, and Local Taxes. (Feb 2013) 52.232-1 Payments. (Apr 1984) 52.232-8 Discounts for Prompt Payment. (Feb 2002) 52.232-11 Extras (Apr 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.242-13 Bankruptcy. (Jul 1995) 3052.209-79 Representation by Corporations Regarding a Felony Criminal Violation under any Federal or State Law or Un-paid Federal Tax Liability (2014)

CLAUSES AND PROVISIONS INCORPORATED BY FULL TEXT:

52.212-1 Instructions to Offerors -- Commercial Items (Oct 2015) Addendum to 52.212-1 Instructions to Offerors – Commercial Items. (Oct 2015)

PROSPECTIVE CONTRACTOR RESPONSIBILTY:

52.212-2 -Evaluation -- Commercial Items (Oct 2014) 52.212-3 -- Offeror Representations and Certifications -- Commercial Items. (Mar 2016) 52.212-4 Contract Terms and Conditions—Commercial Items. (May 2015) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. (Mar

2016) 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-

Modifications (OCT 2010) 52.216-1 Type of Contract (APR 1984) 52.216-18 Ordering (OCT 1995) 52.216-19 Order Limitations (OCT 1995) 52.216-22 Indefinite Quantity (OCT 1995) 52.217-5 Evaluation of Options (Jul 1990) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.233-2 Service of Protest 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.252-2 Clauses Incorporated by Reference. (FEB 1998) 3052.209-70 Prohibition on contracts with corporate expatriates. (JUN 2006) 3052.242-71 Dissemination of contract information (DEC 2003) 3052.242-72 Contracting officer's technical representative (DEC 2003)

USSS 3052.204-90 Unauthorized Use of the U.S. Secret Service Name

LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

ATTACHMENT I – DESCRIPTIONS & SPECIFICATIONS

ATTACHMENT II – TESTING CRITERIA

ATTACHMENT III – PRICING SHEET

Supplies and Services Price Schedule

THIS IS AN INDEFINITE DELIVERY – INDEFINITE QUANTITY (IDIQ) TYPE CONTRACT. DELIVERY ORDERS WILL BE

ISSUED AGAINST ITEMS CONTAINED IN THE STATEMENT OF WORK AND THE PRICING SPREAD SHEETS IN THE

ATTACHMENTS SECTION. THE MINIMUM GUARANTEE IS $3,500.00. THE MAXIMUM CEILING IS $2,105,850.74.

DELIVERY OF SUPPLIES REQUIRED WITHIN 20 DAYS AFTER RECEIPT OF ORDER.

THE CONTRACTOR SHALL PERFORM IN ACCORDANCE WITH THE STATEMENT OF WORK (SOW) IN THE

ATTACHMENT SECTION. PRICING PER ORDER SHALL BE IN ACCORDANCE WITH THE PRICING PER CLIN.

SHIPMENT LOCATIONS/INSTRUCTIONS WILL BE SPECIFIED ON EACH DELIVERY ORDER.

United States Secret Service

Statement of Work

See attachment for statement of work.

Packaging and Marking

The contractor shall deliver all supplies to the location described per delivery order. The contractor shall ship equipment in accordance with the following:

1. Packing and Packaging – Material shall be packed for shipment in such a manner that will insure acceptance by common carrier and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission

Regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.

2. Marking – Each carton and exterior shipping container shall be marked in accordance with Federal Standard 123 (Marking for Domestic Shipment) on the outside surface with nomenclature quantity, manufacturer’s name, and lot number. The contract number and delivery order number shall also be marked on the outside surface of each exterior shipping container.

3. Packing List – A packing list or other suitable document shall accompany shipment and shall show (a) name and address of vendor, (b) name and address of consignee, (c) Government contract and delivery order number, (d) Government bill of

Lading number covering shipment, if any, and (e) description of material shipped, including item number, quantity, number of containers, and package number, if any.

Inspection and Acceptance

Reference FAR Clause 52.212-4 Contract Terms and Conditions - Commercial Items. (MAY 2015).

Acceptance – Final inspection, acceptance and testing shall be performed at the James J. Rowley Training Center, Laurel, Maryland.

The U.S. Secret Service shall perform acceptance testing in accordance with the Statement of Work / Specifications under the contract. These tests shall be performed by the U.S. Secret Service on each shipment of ammunition received under this contract.

Deliveries or Performance

The place for deliveries and any period or place of performance shall be specified per delivery order.

Contract Administration Data

INVOICING AND PAYMENT

The Contractor shall submit all invoices in accordance with FAR Clause 52.212-4 (g) Invoice. In addition, the Contractor shall submit itemized invoices as further instructed by each delivery order under this contract. The Contractor shall annotate each invoice with the contract number and delivery order number.

ORDERING ACTIVITIES

Only the US Secret Service has ordering authority under this contract.

CREDIT CARD PURCHASES

Credit Card Actions: No credit card purchases under this contract are allowed. Any credit card purchases shall be transacted directly between the agency and contractor and not under this contract. If an attempt is made by the US Secret Service to purchase via a purchase card under this contract, the contractor shall notify the Contracting Officer immediately and await proper action.

Special Contract Requirements

TRAVEL AND PER DIEM

Travel and Per Diem is not applicable to this contract.

ADDITIONS/SUBSTITUTIONS

If any additions or substitutions are required, the contractor shall notify the Contracting Officer in writing and provide specifications, pricing, and formally request a modification. All substitutions are subject to testing by the Government before being accepted.

ADDITIONAL DISCLOSURE OF INFORMATION

The contractor shall not disclose any information under this contract/order, including the following, to any person unless (i) it is required for the performance of this contract/order or (ii) the individual is specifically authorized in writing by the Contracting Officer to receive this information.

a. The contract/order award.

b. The contract/order schedule and technical data incorporated therein.

c. Purchase Description, Specifications and Drawings.

d. Studies, research, development and design service.

e. Components, devices, equipment and systems.

f. Techniques, methods and processes.

g. Details and/or results or performance.

Disclosures by the Contractor which require specific written authorization from the Contracting Officer include, but are not limited to, information, whether written or oral, to be revealed in technical conferences, symposia, meetings, periodicals, journals, brochures or advertising.

POINT OF CONTACT FOR PROMPT CONTRACT ADMINISTRATION

USSS Contracting Officers:

Cheryl Bernhard, Contracting Officer, 202-406-6826, Cheryl.Bernhard@usss.dhs.gov

DELIVERY AND TASK ORDERS

Written delivery order(s) shall be the basis for purchases in accordance with the terms and conditions of this contract and shall contain the following information:

1. Contract number.

2. Order number.

3. CLIN number.

4. Item description and model numbers.

5. Quantity.

6. Prices.

7. Place of delivery.

8. Any other information that will assist in equipment delivery.

The Contracting Officer reserves the right to issue an emergency delivery order. The Contracting Officer will notify the contractor verbally, regarding the supply. The contractor shall respond with the utmost urgency and will attempt to provide delivery within 24 hours.

OPEN MARKET ITEMS PURCHASED ON THE SAME IDIQ ORDER

Incidental items are not allowable. All items purchased against this contract shall be listed in this contract.

Contract Clauses

Clauses and Provisions Incorporated by Reference:

52.202-1 Definitions. (Jul 2004)

52.203-3 Gratuities. (Apr 1984)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (Oct 2010)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011)

52.204-7 System for Award Management (Jul 2013)

52.204-13 System for Award Management Maintenance (Jul 2013)

52.229-3 Federal, State, and Local Taxes. (Feb 2013)

52.232-1 Payments. (Apr 1984)

52.232-8 Discounts for Prompt Payment. (Feb 2002)

52.232-11 Extras (Apr 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.242-13 Bankruptcy. (Jul 1995)

3052.209-79 Representation by Corporations Regarding a Felony Criminal Violation under any Federal or State Law or Un-paid Federal Tax Liability (2014)

Clauses and Provisions Incorporated by Full Text:

52.212-1 Instructions to Offerors -- Commercial Items (Oct 2015)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(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 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 or commercial items 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 specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section

Suite 8100

470 East L’Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-

2667/2179, Facsimile (215) 697-1462.

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

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or

DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer

(EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and

Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(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 items, the make and model of the item 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.

(End of provision)

Addendum to 52.212-1 Instructions to Offerors – Commercial Items. (Oct 2015)

The proposal submitted shall include the following:

I. Technical - Technical proposals shall include a full description of all ammunition being submitted for evaluation, complete with all specifications and performance characteristics. The offeror’s submission should include a complete report detailing their quality control plan and any commercial warranty being offered for the ammunition. Both the offeror’s quality control plan and warranty will be incorporated into the contract. Two (2) copies of the Technical proposal are to be submitted. One copy shall accompany sample rounds and one copy shall be submitted with the Price proposal.

Technical proposals shall be limited to 20 pages. Companies that are considered other than small business must submit a small business subcontracting plan in accordance with FAR 52.212-5 item 17 (FAR 52.219-9)

II. Pricing - Offeror shall prepare a pricing proposal independent of the technical proposal in accordance with the Price Sheet as presented on Attachment III.

III. Ammunition samples - each offeror shall provide an initial sample of 250 rounds of each type of ammunition for which they are submitting a proposal for testing by the Secret Service. Material Safety Data Sheet (MSDS) shall be included with each product submitted. All samples must clearly marked to indicate Offeror’s name, solicitation number, ammunition

Lot number, and CLIN to which it applies. Any unmarked samples will be rejected as unresponsive and will not be tested. Samples shall be delivered and received by the Government for testing no later than 3:00 PM ET May 30, 2016.

Any ammunition samples received after that date and time will not be accepted. Please note that all ammunition will be destroyed during or after testing and no ammunition will be returned to the vendor. The vendor shall not be reimbursed for or compensated for the sample ammunition. All Samples shall be shipped using the following delivery instructions:

Delivery Instructions:

If package is less than the dimensions of 24" width by 32" height and 70 pounds or less send to following address. If package exceeds these dimensions see instructions for freight.

Address package to:

ATTN: Brian J. Pickering

U.S. Secret Service (RTC)

Communications Center

Building T5

245 Murray Drive SW

Washington, DC 20223

Delivery Instructions for Freight:

SCREENING IS REQUIRED FOR ALL FREIGHT. SCREENING SHALL OCCUR PRIOR TO DELIVERING TO FINAL

ADDRESS. VENDOR SHALL EMAIL THE BELOW INFORMATION FOR ALL FREIGHT DELIVERIES AT

MAILROOM@USSS.DHS.GOV BEFORE DELIVERING ITEM IN ORDER TO SCHEDULE SCREENING. THE

DRIVER CANNOT BE SCREENED WITHOUT AN APPOINTMENT. IT IS THE CONTRACTOR’S RESPONSIBILITY

TO EMAIL THE INFORMATION BELOW.

The vendor is required to contact customer name to schedule delivery to the final address.

Vendor shall provide in the email to the mailroom:

Date of Appointment

Drivers Company Name

Driver’s Name

Driver’s Telephone number

USSS Point of Contact

USSS Point of Contact Telephone number

Final Destination

Description of Item

All boxes shall have the address of the final destination labeled on the box as stated below.

Delivery for items with dimensions of 24" width by 32" height and 70 pounds or larger are required to go to the address below before proceeding to the final destination for inspection. The delivery truck shall first deliver to the following address for inspection:

Vehicle inspection facility

300 12th Street & C Street, SW

Washington, DC 20250

The delivery truck shall then proceed to the final address as follows:

Attn: Brian Pickering

U.S. Secret Service (RTC)

9200 Powder Mill Road

Laurel, MD 20708

IV. Past Performance references – Proposals shall include three past performance references. References shall be from recent

(contracts awarded within the past three years) awards for similar, and relevant supplies and include information regarding timely delivery of supplies, technical quality, and business-like concern for the interests of the customer.

V. Financial Statements or any documentation to prove financial capability and responsibility for example Company’s Financial

Statement which includes Balance Sheet and Income Statement; and Point of contact form their bank or any financial institution with which they transact business OR a memo documenting financial responsibility.

VI. Completed SF 1449, which includes filling in any clauses that required to be filled by the Offeror.

VII. DUNS # and Cage Code, TIN#, Bank information (name, address, account #, savings or checking, routing #)

All questions shall be submitted in electronic format and emailed to David.Kelley@usss.dhs.gov NO LATER THAN May 18, 2016 at 3:00 PM EST. Please provide, with your questions, a reference to the section of the solicitation in question.

mailto:David.Kelley@usss.dhs.gov

The written proposal shall be submitted in electronic format and emailed to David Kelley at David.Kelley@usss.dhs.gov by no later than June 9, 2016, 3:00PM EST. Hard copy proposals will not be accepted.

PROSPECTIVE CONTRACTOR RESPONSIBILTY:

In accordance with Federal Acquisition Regulation (FAR) 9.1, the Contracting Officer shall award contracts only to a responsible offeror. No purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility.

To be determined responsible, a prospective contractor must have adequate financial resources to perform the contract, or the ability to obtain them. The Contracting Officer shall require acceptable evidence of the prospective contractor’s current sound financial status, as well as the ability to obtain required resources if the need arises. Pursuant to FAR 9.104-4, the Contracting Officer reserves the right to request adequate evidence of responsibility on the part of any prospective contractor/subcontractor(s). In the absence of information clearly indicating that the prospective contractor is responsible, the Contracting Officer shall make a determination of non-responsibility.

52.212-2 -Evaluation -- Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical, past performance, and price.

The factors will be evaluated as follows:

FACTOR 1 – TECHNICAL

The Technical Factor is broken down into two sub factors: Written proposal, and Ammunition Testing. Technical sub-factors noted below are of equal importance. Each Sub-factor will be rated and an overall rating will be given for the technical factor. A higher rating will be given to the proposals that go beyond the minimum requirements.

A. The contractor shall demonstrate an understanding of the tasks and deliverables identified in the SOW. The contractor shall provide a response that addresses all elements of the Statement of Work. The written proposal shall include a detailed quality control plan and reference any commercial warranty being offered for the ammunition.

B. All ammunition will be tested in accordance with the criteria outlined in Attachment II of the solicitation (Testing Criteria).

Ammunition that fails to pass any aspect of specification(s) shall be considered technically unacceptable and no additional testing shall be performed. Ammunition samples shall be rated on a pass/fail basis.

FACTOR 2 - PAST PERFORMANCE

The Government shall assess risks associated with offeror’s three past performance references in the following areas:

A. Timely delivery of services.

B. Technical quality.

C. Business-like concern for the interests of the customer.

D. Similarity and relevancy of work performed

Each performance risk assessment of the areas listed above will consider the number and severity of problems, the effectiveness of corrective actions taken and the overall work record. Problems not addressed by the offeror will be considered to still exist. However, the degree to which the offeror can demonstrate that it has successfully applied continuous systemic improvement to resolve past performance problems will be evaluated. Under this factor, the USSS will evaluate how well an offeror has performed similar work before. The assessment of performance risk is not intended to be the product of a mechanical or mathematical analysis of an offeror’s performance on a list of contracts, but rather the product of subjective judgment of the evaluators after it considers all available, relevant and recent information. The offeror shall also provide their past achievements, awards, experience with other government agencies providing like programs, and how many years’ experience in providing similar programs. The government reserves the right to pull relevant past performance information from PPIRS for evaluating past performance in addition to the references.

FACTOR 3 - PRICE AND OTHER BUSINESS FACTORS

For evaluation purposes, the Total Evaluated Price will be the sum of all CLIN amounts and prices proposed to include options. The proposed unit prices and the Total Evaluated Price as previously defined will be evaluated for reasonableness. Also, each offeror’s

Price proposal will be evaluated to determine if it is consistent with the offeror’s technical approach and reflects a clear understanding of the solicitation requirements. Inconsistencies between the Technical and Price proposals may be assessed as proposal risk under the mailto:David.Kelley@usss.dhs.gov

Technical evaluation.

Basis for Award

The evaluation will be based on best value principles. Technical capability and past performance are of equal value and when combined are more importance than price. The award will be made to the responsible and technically acceptable Offeror whose proposal provides the greatest overall value to the Government, price and other factors considered. This will be determined by comparing the value of the differences in the technical capabilities for competing offers based on their strengths, weaknesses, and risks with differences of their price to the Government. In making this comparison, the Government is more concerned with obtaining superior technical capabilities than with making an award at the lowest overall cost to the Government. However, the Government will not make an award at a significantly higher overall price to the Government to achieve slightly superior technical skills. The

Government may award any resulting contract to other than the lowest priced offeror, or other than the offeror with the highest non-price rating. Although the Government anticipates making an award on initial offers, the government reserves the right to establish a competitive range and open discussion with those offerors most highly rated.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

52.212-3 -- Offeror Representations and Certifications -- Commercial Items. (Mar 2016)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the

Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (q) of this provision.

(a) Definitions. As used in this provision—

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and

Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in

38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part

121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR

124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—

Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (q) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph

(c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph

(c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR

124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph

(c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It □ is,□ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph

(c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.

[The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph

(c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone

Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246—

(1) Previous contracts and compliance. The offeror represents that—

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that—

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a

Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American—

Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.