SOW Draft.pdf

Statement of Work (SOW)

CBP Oleoresin Capsicum (OC) Handheld Spray Devices

1. BACKGROUND: The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) has a requirement for the procurement of Oleoresin

Capsicum (OC) Handheld Spray Devices, to be used for training and law enforcement operations. This effort is integral to providing effective Use of Force equipment to officers and agents.

This contract shall be awarded and administered by CBP; however, it will be awarded as a DHS Strategic Source contract that will allow DHS agencies, as well as, other Federal Law Enforcement Agencies to issue delivery orders against this contract.

2. SCOPE: This statement of work delineates the required design and performance criteria for the acquisition of Oleoresin Capsicum (OC) Handheld Spray Devices for CBP and DHS. All submissions for the award of this contract must meet the requirements outlined in Sections four (4) and five (5) of this SOW. The overall requirements will include:

OC handheld spray

Various actuators

Multiple canister sizes

Ultraviolet marking dye

Various spray patterns (Cone / Fog, Foam, Stream

(including 360 dispersion)

3. APPLICABLE DOCUMENTS:

3.1. CBP Use of Force Policy (4500-01B)

3.2. DHS Handbook for Safeguarding Sensitive Personally Identifiable

Information (Mar. 2012) https://www.dhs.gov/dhs-security-and-training-requirements-contractors)

3.3. Safeguarding Sensitive But Unclassified (For Official Use Only)

Information, DHS Management Directive No. 11042.1 (Jan. 6, 2005)

(available at https://www.dhs.gov/dhs-security-and-training-requirements-contractors)

4. GENERAL REQUIREMENTS:

https://www.dhs.gov/dhs-security-and-training-requirements-contractors https://www.dhs.gov/dhs-security-and-training-requirements-contractors

4.1. Each product submission shall be accompanied by the following documentation provided by the manufacturer:

4.1.1. Active Ingredient list

4.1.2. Material Safety Data Sheet (MSDS) covering all ingredients. All ingredients must be completely non-hazardous, non-toxic, non-flammable, and environmentally safe.

4.1.3. ISO 9001 certification

4.1.4. Minimum five (5) year shelf life

4.2. Manufacturer shall ensure that each product complies with the following:

4.2.1. Occupational Safety and Health Standards (29 CFR 1910)

4.2.2. Test for Skin Irritant (16 CFR 1500.41)

4.2.3. Labeling of self-pressurized canisters (16 CFR 1500.130)

4.2.4. Test for eye irritant (16 CFR 1500.42)

4.2.5. Acute Inhalation Toxicity Study (16CFR 1500.3)

4.2.6. Oleoresin Capsicum Assay (AOAC 995.03)

4.3. All products shall fully operate in temperatures ranging from 0F to 120F.

4.4. All products shall be Electronic Incapacitation Devices (EID) compatible.

4.5. All products shall maintain 1.33% Major Capsaicinoids (MC) +/- 5% and

2,000,000 Scoville Heat Units when tested utilizing High Performance

Liquid Chromatography (HPLC) batch testing.

4.6. All products shall contain 10% Oleoresin Capsicum.

4.7. All products shall maintain a consistent operating pressure.

4.8. All products shall contain Ultraviolet Marking Dye.

5. TECHNICAL REQUIREMENTS: As defined by the testing standard, all items must be able to meet the minimum capabilities:

5.1. Cone / Fog (active): Shall project a minimum of six (6), one (1) second dispersions, producing a 4 – 8 inch diameter spray pattern at a distance of six (6) feet. This dispersion should cause tearing, uncontrollable blinking, and blurred vision in less than ten (10) seconds.

5.1.1. Actuator: Trigger Top

5.1.2. Canister Construction: Aluminum

5.1.3. Canister Size: MK2

5.1.4. Length: 4.5 inches +/- .1

5.1.5. Diameter: 1.375 inches

5.1.6. Net Weight: 1.8 ounces

5.2. Cone / Fog (inert): Shall project a minimum of six (6), one (1) second dispersions, producing a 4 – 8 inch diameter spray pattern at a distance of six (6) feet.

5.2.1. Actuator: Trigger Top

5.2.2. Canister Construction: Aluminum

5.2.3. Canister Size: MK2

5.2.4. Length: 4.5 inches +/- .1

5.2.5. Diameter: 1.375 inches

5.2.6. Net Weight: 1.8 ounces

5.3. Stream (active): Shall project a minimum of six (6), one (1) second stream dispersions, effectively impacting a target at a minimum distance of ten (10) feet regardless of canister angle or orientation. This dispersion should cause tearing, uncontrollable blinking, and blurred vision in less than ten (10) seconds.

5.3.1. Actuator: Trigger Top 360 Degree Dispersion

5.3.2. Canister Construction: Aluminum

5.3.3. Canister Size: MK2

5.3.4. Length: 4.5 inches +/- .1

5.3.5. Diameter: 1.375 inches

5.3.6. Net Weight: 1.5 ounces +/- .1

5.4. Stream (inert): Shall project a minimum of six (6), one (1) second stream dispersions, effectively impacting a target at a minimum distance of ten

(10) feet regardless of canister angle or orientation.

5.4.1. Actuator: Trigger Top 360 Degree Dispersion

5.4.2. Canister Construction: Aluminum

5.4.3. Canister Size: MK2

5.4.4. Length: 4.5 inches +/- .1

5.4.5. Diameter: 1.375 inches

5.4.6. Net Weight: 1.5 ounces +/- .1

5.5. Foam (active): Shall project a minimum of four (4), one (1) second dispersions, producing a consistent spray pattern at a distance of six (6) feet. This dispersion should cause tearing, uncontrollable blinking, and blurred vision in less than ten (10) seconds.

5.5.1. Actuator: Trigger Top

5.5.2. Canister construction: Aluminum

5.5.3. Canister Size: MK2

5.5.4. Length: 4.5 inches +/- .1

5.5.5. Diameter: 1.375 inches

5.5.6. Net Weight: 1.6 ounces +/- .1

5.6. Foam (inert): Shall project a minimum of four (4), one (1) second dispersions, producing a consistent spray pattern at a distance of six (6) feet.

5.6.1. Actuator: Trigger Top

5.6.2. Canister Construction: Aluminum

5.6.3. Canister Size: MK2

5.6.4. Length: 4.5 inches +/- .1

5.6.5. Diameter: 1.375 inches

5.6.6. Net Weight: 1.6 ounces +/- .1

5.7. Cone / Fog (active): Shall project a minimum of eight (8), one (1) second dispersions, producing a 4 – 8 inch diameter spray pattern at a distance of six (6) feet. This dispersion should cause tearing, uncontrollable blinking, and blurred vision in less than ten (10) seconds.

5.7.1. Actuator: Flip-Top

5.7.2. Canister Construction: Aluminum

5.7.3. Canister Size: MK3

5.7.4. Length: 4.5 inches +/- .1

5.7.5. Diameter: 1.5 inches

5.7.6. Net Weight: 2 ounces

5.8. Cone / Fog (inert): Shall project a minimum of eight (8), one (1) second dispersions, producing a 4 – 8 inch diameter spray pattern at a distance of six (6) feet.

5.8.1. Actuator: Flip-Top

5.8.2. Canister Construction: Aluminum

5.8.3. Canister Size: MK3

5.8.4. Length: 4.5 inches +/- .1

5.8.5. Diameter: 1.5 inches

5.8.6. Net Weight: 2 ounces

5.9. Stream (active): Shall project a minimum of ten (10), one (1) second stream dispersions, effectively impacting a target at a minimum distance of fifteen (15) feet regardless of canister angle or orientation. This dispersion should cause tearing, uncontrollable blinking, and blurred vision in less than ten (10) seconds.

5.9.1. Actuator: Flip-Top 360 Degree Dispersion

5.9.2. Canister Construction: Aluminum

5.9.3. Canister Size: MK3

5.9.4. Length: 4.5 inches +/- .1

5.9.5. Diameter: 1.5 inches

5.9.6. Net Weight: 1.5 ounces +/- .3

5.10. Stream (inert): Shall project a minimum of ten (10), one (1) second stream dispersions, effectively impacting a target at a minimum distance of fifteen (15) feet regardless of canister angle or orientation.

5.10.1. Actuator: Flip-Top 360 Degree Dispersion

5.10.2. Canister Construction: Aluminum

5.10.3. Canister Size: MK3

5.10.4. Length: 4.5 inches +/- .1

5.10.5. Diameter: 1.5 inches

5.10.6. Net Weight: 1.5 ounces +/- .3

5.11. Foam (active): Shall project a minimum of ten (10), one (1) second dispersions, producing a consistent spray pattern at a distance of eight (8) feet. This dispersion should cause tearing, uncontrollable blinking, and blurred vision in less than ten (10) seconds.

5.11.1. Actuator: Flip-Top

5.11.2. Canister construction: Aluminum

5.11.3. Canister Size: MK3

5.11.4. Length: 4.5 inches +/- .1

5.11.5. Diameter: 1.5 inches

5.11.6. Net Weight: 1.9 ounces +/- .1

5.12. Foam (inert): Shall project a minimum of ten (10), one (1) second dispersions, producing a consistent spray pattern at a distance of eight

(8) feet.

5.12.1. Actuator: Flip-Top

5.12.2. Canister Construction: Aluminum

5.12.3. Canister Size: MK3

5.12.4. Length: 4.5 inches +/- .1

5.12.5. Diameter: 1.5 inches

5.12.6. Net Weight: 1.9 ounces +/- .1

5.13. ¾ Ounce Stream (active): Shall project a minimum of six (6), one

(1) second stream dispersions, effectively impacting a target at a minimum distance of twelve (12) feet. This dispersion should cause tearing, uncontrollable blinking, and blurred vision in less than ten (10) seconds.

5.13.1. Actuator: Flip Top

5.13.2. Canister Construction: Hard plastic case

5.13.3. Clip Type: Reversible pocket clip

5.13.4. Canister Size: MK6

5.13.5. Length: 4.5 inches +/- .1

5.13.6. Diameter (not including clip): 1 inch +/- .2

5.13.7. Net Weight: .75 ounces + / - .1 ounce

5.14. ¾ ounce Stream (inert): Shall project a minimum of six (6), one

(1) second stream dispersions, effectively impacting a target at a minimum distance of twelve (12) feet.

5.14.1. Actuator: Flip Top

5.14.2. Canister Construction: Hard plastic case

5.14.3. Clip Type: Reversible pocket clip

5.14.4. Canister Size: MK6

5.14.5. Length: 4.5 inches +/- .1

5.14.6. Diameter (not including clip): 1 inch +/- .2

5.14.7. Net Weight: .75 ounces + / - .1 ounce

6. QUALITY CONTROL (QC) / QUALITY ASSURANCE (QA)

6.1. The manufacturer shall maintain a quality control system in accordance with the American Standards Institute (ANSI) for the following:

Operation Test

Temperature Cycle Test

One Year Time Leakage Test

Discharge Duration Test

Operating Weight Test

Pressure Vessel Test

Intermittent Discharge Test

Gasket Dependability Test

High Temperature Exposure Test

Hydrostatic Pressure Test

6.2. Delivery items which fail any portion of the vendor’s (including manufacturers) QC processes shall be rejected and not shipped. No further attempts shall be made to correct or otherwise remediate an item which has failed any portion of the QC testing, for purposes of delivery under this contract.

6.3. The Government may conduct periodic random QA testing of delivery items produced under this contract, to ensure items meet performance requirements for tests listed in Section 6.1.

6.4. QA may be conducted by Government personnel at a Government owned facility or at an independent lab.

6.5. Delivery items which fail QA testing may be sent back to the vendor, at no cost to the Government, and replaced with an equal amount of new supplies. If a second or subsequent failure (for the same test) occurs within the same batch, this will be considered a batch failure. The vendor shall be notified by the Contracting Officer Representative (COR), in writing, of the nature of the failure, defect, or deficiency and the vendor shall replace the entire batch at no cost to the Government.

6.6. Vendor shall take corrective action within seven (7) calendar days of written notification of any contract non-conformance. Corrective action shall include shipping of replacements for all defective, deficient, or suspect delivery items. The vendor shall also provide a written failure analysis plan to the COR within seven (7) calendar days. A completed failure analysis report, to include preventative measures, shall be submitted to the COR within sixty (60) calendar days of notification from

CBP.

7. WARRANTIES

7.1. Vendor shall warrant all products contained in this contract to be free of defects. Vendor further warrants that the product conforms to all applicable requirements as outlined within this Statement of Work, and guarantees that the product will maintain useful shelf life under reasonable storage conditions (both CONUS and OCONUS) for a period of five (5) years from the date of product acceptance.

7.2. The vendor shall provide to the COR a single point of contact (including name, phone number, and email address) who will handle all warranty claims occurring under this contract.

7.3. The vendor shall utilize FEDEX, UPS overnight, or other trackable next day service for all warranty shipments to the government. Exemptions may be authorized by the COR on a case by case basis. All shipping charges associated with warranty claims (both to and from the

Government) shall be the vendor’s responsibility.

8. GOVERNMENT ACCESS OF THE CONTRACTORS FACILITY

8.1. The vendor shall permit the Government to conduct quality control inspections of the vendor’s facility (including production facility) to ensure consistency of manufacture and quality of products ordered and delivered.

8.2. The authorized inspection team shall be identified in writing by the

Contracting Officer Representative (COR) or the Contracting Officer (CO).

8.3. The minimum advance notice of inspection shall be three business days.

8.4. Inspections may include all aspects of manufacturing, testing, quality control, and packaging.

9. PRODUCTION CAPACITY

9.1. The Government requires that a vendor have the capacity to manufacture a minimum of 13,000 Oleoresin Capsicum (OC) Handheld Spray Devices per month.

9.2. The Government reserves the right to verify the company’s ability to produce at an acceptable level in accordance with the requirements. This may include a pre-award site visit.

9.3. Orders in excess of the minimum production capacity indicated above shall be shipped in accordance with instructions in any resultant delivery order.

10. DISTRIBUTION AUTHORIZATION: With proposal submission, the vendor, if different than the manufacturer, shall provide a letter from the manufacturer indicating it is an authorized distributor / retailer of the Oleoresin Capsicum

(OC) Handheld Spray Devices. Unauthorized distributors and retailers are unacceptable and will not be considered.

11. SHIPPING:

11.1. All items are to be shipped FOB destination.

11.2. Shipping locations may be centralized or may include individual locations throughout CONUS, Alaska, Hawaii, Puerto Rico, and Canada.

11.3. Shipping methods for each location may be specified by the ordering agency at the delivery order level and may vary depending on location, quantity of carriers, and receiver’s ability to handle freight shipments.

11.4. All shipments shall be trackable. Tracking information shall be provided to the COR (or designate) upon request.

11.5. The vendor shall provide advanced notice of shipping via email two

(2) business days prior to each shipment. Notification shall be sent to the

COR or the designate, and to the local recipient for each shipping location. The local recipients name and point of contact information will be included on the delivery location spreadsheet that will be provided at the award of the contract / delivery order.

12. PACKAGING:

12.1. Material shall be packaged, packed and marked for shipment in such a manner that will ensure acceptance by common carriers and safe delivery destination.

12.2. Packages shall be clearly identified on the outer wrapping with the contract number and delivery / task order number, if applicable.

12.3. Pallets and associated packaging, when used for shipping, shall be fully enclosed, and shall be stackable allowing for a second complete pallet to be placed on top of a first complete pallet without structural problems or damage to the contents of either pallet.

13. VENDOR PERFORMANCE CONFERENCES

13.1. Within 30 days of contract award, the vendor shall host a pre-production meeting telephonically.

13.2. CBP and the vendor may meet in person once per year, commencing six months after production begins and continuing approximately every year thereafter. These performance conferences are to discuss contract issues, review technical and financial status of the contract, discuss vendor and Government performance, and to resolve any issues or problems as they may arise. Each year the meeting location shall be at the discretion of the Government.

13.3. Government attendees may include, the Contracting Officer, Contract Specialist, COR, representatives from the CBP components and

Law Enforcement Safety and Compliance (LESC) subject matter experts.

14. REPORTING REQUIREMENTS

14.1. A Delivery Order Report should be sent to the COR of the contract on a quarterly basis. The report should include a cumulative line item

Excel spreadsheet of all delivery orders and include the following:

14.1.1. Name of purchasing agency / group;

14.1.2. Delivery order number;

14.1.3. Unit cost;

14.1.4. Quantity of units on the delivery order;

14.1.5. Value of delivery order;

14.1.6. Current quantity of units shipped;

14.1.7. Remaining number of units to be shipped; and

14.1.8. Total dollar amount spent against the contract to date.

14.2. Warranty Work Report should be sent to the COR of the contract on a quarterly basis. The report should include a line item summary of all warranty activity, as well as, the numerical totals of claims received, total completed, and the average number of days required for completion. It shall be categorized by agency, purchasing group, or ordered chronologically by the date the vendor received notification. Each line in the report shall contain the following information:

14.2.1. Return merchandise authorization (RMA) #;

14.2.2. Date vendor was notified;

14.2.3. Date corrected item was shipped to vendor;

14.2.4. Brief statement of problem;

14.2.5. Brief statement of solution; and

14.2.6. Date shipped back to the Government.

15. MEDIA STATEMENTS: All press statements and releases related to the contract shall receive advanced written approval by the Contracting Officer and COR.

16. DELIVERABLES AND DELIVERY SCHEDULE: Orders shall be delivered to the addresses per the delivery location spreadsheet that will be provided at the award of the delivery order (DO). Delivery schedule shall also be established at the time of DO award.

17. PERIOD OF PERFORMANCE: The contract will have a five (5) year period of performance from date of award of contract.

18. SECURITY

18.1. All work under this SOW is unclassified, but may require secure handling of information designated as FOUO and/or personally identifiable information (PII).

18.2. Vendor personnel who will perform work on the contract may be required to execute a non-disclosure agreement which must be delivered to the COR prior to commencing work in accordance with DHS policy for safeguarding FOUO information.

18.3. Vendor will be responsible for ensuring that, if required, its personnel adhere at all stages of performance of the contract to the DHS

Policy and its guidelines for safeguarding PII.

19. SPECIAL CONSIDERATIONS:

19.1. Any future formula changes or deviations from awarded items must be approved by the CBP Law Enforcement Safety and Compliance

Directorate.

19.2. No changes in design of any delivery item within this contract shall take place without the prior approval of the Contracting Officer

Representative (COR) and the Contracting Officer (CO).