II_2 Solicitation Number_2023H2-26-Q-00040_Questions and Answers.pdf
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- Ammunition Program
- Solicitation number
- 231043
About this file
This is a Questions and Answers document for solicitation 2023H2-26-Q-00040, a total small business set-aside for ammunition procurement under NAICS 332992. The Q&A clarifies specifications and requirements for seven line items of ammunition to be supplied under an IDIQ contract. CLINs 0001-0004 are for 9mm ammunition with quantities stated in cases containing 1,000 rounds per case (20 boxes of 50 rounds each). CLINs 0005-0007 are for .223/5.56 NATO ammunition with quantities stated in cases containing 500 rounds per case (25 boxes of 20 rounds each). Specific part numbers and descriptions are identified: BC556NX1 is a 5.56 round, 50-grain semi-jacketed frangible round; AE223 is a .223, 55-grain full metal jacket round. Amendment 1 incorporated changes to item descriptions and quantities.
The procurement requires strict compliance with the Nonmanufacturer Rule under 13 CFR 121.406(b), as no SBA class or individual waiver has been granted. All offerors, including small businesses offering brand-name-or-equal products, must supply ammunition manufactured by domestic small business manufacturers. The solicitation uses a brand-name-or-equal purchase description where salient characteristics are defined as caliber, grain weight, and style. Specific construction requirements are binding for certain items: bonded jacket-to-core retention for CLINs 0001 and 0005, and total metal jacket construction for CLIN 0003. The minimum and maximum order thresholds are both set at $7,011,116.99.
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Questions and Answers Solicitation Number: 2023H2-26-Q-00040
1) Unit of Issue. Attachment 1 (IDIQ SOW) lists CLIN quantities without a stated unit of issue. Please confirm whether the listed quantities represent rounds, boxes, or cases for each CLIN, and if boxes, the round count per box for the 9mm and .223/5.56-line items.
The QTY represents cases of ammo. The round count for 9mm ammo (CLIN 0001 – 0004) is 1000 rounds per case (20 boxes of 50 rounds per box).
The round count for .223 / 5.56 rounds is 500 per case (25 boxes with 20 rounds per box).
2) Nonmanufacturer Rule. This requirement is a total small business set-aside under NAICS
332992. SBA terminated the class waiver of the Nonmanufacturer Rule for NAICS 332992 in 2003 (68 FR 61355). Please confirm whether an individual waiver under 13 CFR 121.1204(b) has been requested or granted for this procurement, or whether offerors are expected to comply with 13 CFR 121.406(b) by supplying the product of a domestic small business manufacturer.
No individual waiver under 13 CFR 121.1204(b) has been requested or granted for this procurement. Accordingly, offerors are expected to comply with 13 CFR 121.406(b) by supplying the product of a domestic small business manufacturer.
3) In Amendment 1, Section I, the schedule identifies:
● BC556NX1 as .223 Remington frangible rifle ammunition
● AE223 as .223 Remington or 5.56 NATO full-metal-jacket training ammunition
However, Attachment 1, IDIQ Statement of Work, and Attachment 2, IDIQ RFQ Spreadsheet, identify:
● BC556NX1 as .223 Remington or 5.56 NATO full-metal-jacket training ammunition
This is 5.56 round 50 grain Semi Jacketed Frangible round.
● AE223 as .223 Remington frangible rifle ammunition
AE223 is a .223 55 grain Full Metal Jacket Round.
Would you please confirm the correct part number and description for CLINs 0006 and 0007, including the corresponding option-year CLINs, so that pricing and technical documentation can be prepared accurately?
BC556NX1 is 5.56 round 50 grain Semi Jacketed Frangible Round.
AE223 is a .223 55 grain Full Metal Jacket Round.
4) Section I, pages 5–8, Unit of Issue Please confirm that “CA” means case and provide or confirm the required number of cartridges per case for each part number.
CA = Case.
5) Section I, page 5, and Attachment 1 SOW Section I identifies BC556NX1 as 50-grain frangible ammunition and AE223 as 55- or 62-grain FMJ ammunition. Attachment 1 appears to reverse those descriptions. Please confirm that the Section I descriptions are controlling.
Section I is controlling and correct.
6) FAR 52.219-33, pages 21–22 Does an SBA class or individual Nonmanufacturer Rule waiver apply to this procurement, permitting a small business nonmanufacturer to furnish the named Federal/Speer products? If no waiver applies, please confirm that all offered brand-name-or-equal products must be manufactured in the United States by qualifying small-business manufacturers.
This procurement is for brand-name-or-equal products. No SBA class or individual Nonmanufacturer Rule waiver applies. Therefore, if a small business is offering products under the nonmanufacturer rule, any brand-name-or-equal products offered must be manufactured in the United States by qualifying small business manufacturers in accordance with FAR 52.219-33.
7) FAR 52.216-19, page 19 Please confirm whether the stated $7,011,116.99 minimum-order threshold and identical maximum-order limitation are intentional.
Yes. The stated minimum-order threshold of $7,011,116.99 and the maximum-order limitation of $7,011,116.99 are intentional.
8) Amendment 1 Please identify the changes incorporated through Amendment 1 or confirm whether a separate amendment summary is available.
The changes were made on the item descriptions, and quantities.
9) As a small-business firearms and ammunition dealer/nonmanufacturer, can you please confirm whether an SBA individual or class waiver of the Nonmanufacturer Rule applies to this solicitation?
No. There is no SBA individual or class waiver of the Nonmanufacturer Rule applicable to this solicitation. Offerors must comply with the requirements of the Nonmanufacturer Rule, including supplying the product of a domestic small business manufacturer, as applicable.
10) If no waiver applies, is my understanding correct that any ammunition I propose would need to be manufactured, processed, or produced in the United States by a qualifying small-business manufacturer in order for my company to comply with FAR 52.219-33?
That is correct.
11) One requests that offers are comparable. The schedule identifies each item by brand part number. Under FAR 11.104(b), a brand name or equal purchase description also needs a general description of the salient physical, functional, or performance characteristics that an equal item must meet. Could the Government publish those characteristics for the seven items?
Remove the part numbers the saliant characteristics are equal to the caliber, grain, and style listed within the description.
12) Two specific points that affect sourcing:
CLIN 0001 and CLIN 0005. Please confirm whether "bonded" is a binding characteristic, or whether it is descriptive of the referenced part numbers and an equal item may use a different jacket-to-core retention method while meeting the same duty performance requirement.
Yes, they are binding.
CLIN 0003. Please confirm whether "fully encapsulated bullet" is met by a projectile with full electrochemical copper plating including the base, or whether the Government requires the specific total metal jacket construction of the referenced part number.
The government requires total metal jacket construction.
13) Separately, the unit of issue is CA but rounds per case is not stated in the solicitation.
Could you confirm rounds per case for each item, or state that quantities are to be priced per the manufacturer's standard case pack?
Amount per Case as follows:
001, 002, 003, 004 = 1000 rounds per case 005 ,006, 007 = 500 per case
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