RFP.OSCU.DSU1301.doc

DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

REQUEST FOR PROPOSAL

RFP-OSCU-DSU1301

December 20, 2012

TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1

DESCRIPTION OF SUPPLIES

B.2

TYPE OF CONTRACT

B.3

CONTRACT AND ORDER LIMITATIONS

B.4

PRICING SCHEDULE

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK (SOW)

C.1

GENERAL DESCRIPTION

C.2

SCOPE

C.3

GENERAL REQUIREMENTS

C.4

CARTIDGE SPECIFICATIONS

C.5

FUNCTIONING AND AMMUNITION DEFECTS

C.6

PACKAGING AND IDENTIFICATION

C.7

DELIVERY

C.8

AUTHORIZED BUYERS

C.9

REPORTS

C.10

QUALITY CONTROL / QUALITY ASSURANCE PROGRAM

C.11

SECURITY AND ACCESS CONTROL

C.12

MEDIA STATEMENTS

SECTION D

PACKAGING AND MARKING

D.1

PACKAGING AND MARKING

SECTION E

INSPECTION AND ACCEPTANCE

E.1

CLAUSES INCORPORATED BY REFERENCE

E.2

QUALITY ASSURANCE

E.3

WARRANTIES

SECTION F

DELIVERIES OR PERFORMANCE

F.1

CLAUSES INCORPORATED BY REFERENCE

F.2

PERIOD OF PERFORMANCE

F.3

DELIVERABLES / REPORTS

F.4

DELIVERY SCHEDULE

F.5

NOTICE TO THE GOVERNMNENT OF DELAYS

F.6

PLACE OF DELIVERY

F.7

F.O.B. DESITNATION

SECTION G

CONTRACT ADMINISTRATION DATA

G.1

CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR)

G.2

CONTRACT ADMINISTRATION

G.3

INVOICE REQUIREMENTS

G.4

SMALL BUSINESS ACCELERATED PAYMENT

G.5

PAYMENT

G.6

WITHHOLDING OF CONTRACT PAYMENTS

G.7

ORDERING

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1

DISCLOSURE OF DATA UNDER FOIA

H.2

GOVERNMENT RIGHTS IN DATA AND COPYRIGHTS

H.3

ACCESS TO FEDERAL BUREAU OF INVESTIGATION LOCATIONS

H.4

CONTRACTOR SUITABILITY REQUIREMENT

H.5

DOJ RESIDENCY REQUIREMENT

H.6

DISRUPTION TO THE SCHEDULE

PART II - CONTRACT CLAUSES

SECTION I

CONTRACT CLAUSES

I.1

CLAUSES INCORPORATED BY REFERENCE

I.2

FULL TEXT CLAUSES

I.3

RESPONSIBILITY MATTERS

I.4

ORDERING

I.5

ORDER LIMITATIONS

I.6

INDEFINITE QUANTITY

I.7

OPTION TO EXTEND SERVICES

I.8

OPTION TO EXTEND THE TERM OF THE CONTRACT

I.9

AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

I.10

NOTICE OF CONTRACTOR PERSONNELL SECURITY REQUIREMNTS

I.11

CONTINUING CONTRACT PERFORMANCE DURINGA PANDEMIC INFLUENZA OR OTHER NATIONAL MERGENCY

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

SECTION J

LIST OF ATTACHMENTS

ATTACHMENT #1

PRICING MATRIX

ATTACHMENT #2

PAST PERFORMANCE QUESTIONNAIRE

ATTACHMENT #3

SF3881 ACH VENDOR FORM

ATTACHMENT #4

MANUFACTURER CHECKLIST

ATTACHMENT #5

MANUFACTURER TEST DATA SHEETS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

K.1

INFORMATION REGARDING RESPONSIBILTY MATTERS

K.2

OFFEROR REPRESENTATIONS AND CERTIFICATIONS

SECTION L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

L.2

TYPE OF CONTRACT

L.3

SERVICE OF PROTEST

L.4

PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF

JUSTICE

L.5

CONTRACTOR CERTIFICATION OF COMPLIANCE WITH

FEDERAL TAX REQUIREMENTS

L.6

GENERAL INSTRUCTIONS FOR PREPARING PROPOSALS

L.7

PROPOSAL PREPARATION INSTRUCTIONS: TECHNICAL

L.8

PROPOSAL PREPARATION INSTRUCTIONS: PRICE

L.9

PROPOSAL PREPARATION INSTRUCTIONS: PAST PERFORMANCE

L.10

PROPOSAL PREPARATION INSTRUCTIONS: SAMPLE AMMUNITION

L.11

INSTRUCTIONS FOR SUBMISSION OF PROPOSALS

SECTION M

EVALUATION FACTORS FOR AWARD

M.1

AWARD

M.2

EVALUATION OF OPTIONS

M.3

EVALUATION CRITERIA

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COST

B.1.0

DESCRIPTION OF SUPPLIES

The Contractor shall provide four separate types of Commercial Off-the-Shelf 9mm Luger service, training, reduced-lead training and frangible ammunition in accordance with Part 12 – Commercial Items of the Federal Acquisition Regulation (FAR).

B.2.0

TYPE OF CONTRACT

The contract will be structured as a Fixed Price, Indefinite-Delivery Indefinite-Quantity (IDIQ), type contract for one (1) base year and four (4) possible additional one-year option periods.

B.3.0

CONTRACT AND ORDER LIMITATIONS

Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum,” hereby established as $25,000,000.00 over the life of the contract. The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum,” hereby established as $100,000.00 over the life of the contract. The government shall not be required to purchase from the offeror any additional quantities after the initial guaranteed minimum. The obligation of funds and specific quantities will be ordered through individual Task Orders or through the Government Purchase Card Program.

B.4.0

PRICING/FIVE (5) YEAR ESTIMATED CONTRACT COST

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

[End of Section]

SECTION C - STATEMENT OF WORK

9MM LUGER AMMUNITION

C.1

GENERAL DESCRIPTION

The FBI is the Federal Governments principal agency responsible for investigating violations of more than 260 Federal statutes. As the investigative arm of the Unites States Department of Justice, FBI Special Agents (SA), in the pursuit of duty, may be involved in high threat assignments where deadly force may be used in the face of violent confrontations. The Federal Bureau of Investigation (FBI) has a need to acquire the following caliber (9mm Luger) ammunition:

SERVICE – Ammunition intended to be carried and fired in defense of life.

TRAINING – Ammunition intended to be fired during typical firearms training.

TRAINING REDUCED LEAD – Ammunition intended to be fired during typical firearms training, where reduced lead exposure is desired.

FRANGIBLE – Ammunition intended to be fired during typical training utilizing steel, reactionary type targets such as head-plates and pepper-poppers.

The reliability, accuracy and terminal performance and accuracy of the ammunition used in FBI weapons is paramount to the survival of Special Agents and others in the face of a confrontation.

The ammunition is stored, carried, and fired from service weapons in a variety of environmental conditions.

C.2

SCOPE

C.2.1 Provide fully compatible service, training, training reduced lead, and frangible ammunition with all 9mm Luger weapons issued or approved by the FBI.

C.2.2 Deliver within 60 days after receipt of order. Deliveries to be shipped FOB to all FBI (and other approved Federal government locations) CONUS, to also include Hawaii, Alaska and Puerto Rico.

C.2.3 Provide supplies that are satisfactory to FBI personnel as reflected in quality assurance testing designed to ensure proper functionality when fired from a weapon.

C.3

GENERAL REQUIREMENTS

C.3.1 Ammunition shall conform to all dimensional specifications and performance standards recommended by the Sporting Arms and Ammunition Manufacturers Institute (SAAMI) . The FBI reserves the right to require more stringent specifications than those set forth by the SAAMI to meet specific needs of the FBI.

C.3.2 Ammunition shall consist of production ammunition offered by the manufacturer.

C.3.3 No component of the round shall have been used previously.

Reloaded ammunition is unacceptable.

C.3.4 Ammunition (excluding frangible) shall have a power factor minimum of 135 and must not exceed a power factor maximum of

155. Power factor is defined as: bullet weight (grains) x instrumental velocity in feet per second (measured at 15’) / 1,000. For example “Life Saver cartridge” has a bullet weight of 147 grains and an instrumental velocity of 999 fps = 146,853 / 1,000 = 146.8.

C.3.5 Contractor shall be capable of manufacturing the entire quantity of ammunition at the vendors manufacturing facility within the required time frames. The vendor may purchase components for the cartridge from other sources, but the vendor shall be the primary manufacturer of the ammunition. The vendor must not use or employ any subcontractors without the prior approval of the FBI.

C.3.6 Contractor shall provide annual proof of liability insurance for a minimum amount of $5,000,000 (United States).

C.3.7 Contractor shall be capable of conducting continuous in-house quality control testing to ensure chamber pressures and velocities are maintained in accordance with the recommended specifications of the SAAMI, and/or this specification, if applicable. It is desired that measurements be performed with a Piezoelectric Conformal Transducer System. Further, the vendor must possess the capability of conducting failure analysis on any cartridge or component returned by the FBI which does not function as designed or that exhibits signs of an obvious anomaly. Findings of failure analysis will be reported to the FBI in writing, within 5 business days, concerning the findings and remedial action taken by the vendor to correct the defect, if warranted.

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

C.4

CARTRIDGE SPECIFICATIONS

C.4.1 Projectile Weight

Service – The unfired projectile shall not weigh less than 120 (-1) grains, nor shall it exceed 147 (+1) grains. It is necessary that the projectile be compatible with 3.5” to 4.5” barrels. A particular velocity is not specified inasmuch as a specific bullet weight is not specified.

Training – The unfired projectile shall not weigh less than 115 (-1) grains, nor shall it exceed 147 (+1) grains.

Training Reduced Lead – The unfired projectile shall not weigh less than 115 (-1) grains, nor shall it exceed 147 (+1) grains.

Frangible – The frangible projectile shall not weigh less than 80 (-1) grains, nor shall it exceed 100 (+1) grains.

C.4.2 Projectile Design

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

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

The fired projectile shall not penetrate currently issued FBI Level IIIA body armor. Current issued FBI IIIA body armor is:

Diamondback Tactical Synergy III-A;

Diamondback Tactical QVA III-A.

The manufacturer shall certify and warrant that the projectile design is compatible with all listed FBI weapons and will not cause abnormal wear or damage to any components of these weapons.

Service – The projectile must be a jacketed hollow point or equivalent. Material which fills the cavity (i.e., polymer “tip” is acceptable). The service projectile should expand when striking muscle tissue and ballistic gelatin. It is desirable that the service projectile consistently penetrate an average of 12” to 18” throughout FBI gelatin tests, with no shots less than 12”, expand to a maximum diameter, and retain as high a percentage of its weight as possible. The bullet shall not be a full metal jacket design or appearance.

Training – The Training projectile shall be a full metal jacket (FMJ) design or have a similar appearance. The projectile shall not exhibit a hollow point. The projectile shall not be of a frangible design and/or have a jacket of any metal other than copper. It shall have a conventional lead core/copper jacket design. It is required that the projectile have no exposed lead on its base.

Training Reduced Lead – The Training Reduced Lead projectile shall be of a full metal jacket (FMJ) design or have a similar appearance. The projectile shall not exhibit a hollow point.

The projectile shall not be of a frangible design and/or have a jacket of any metal other than copper. It shall have a conventional lead core/copper jacket design. It is required that the projectile have no exposed lead on its base.

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

C.4.3 Projectile Accuracy Characteristics – Test Barrel The projectile should yield accuracy characteristics not to exceed a 3” average between two 10 shot groups, center to center, at 25 yards, when fired from a 4.25” accuracy barrel manufactured to SAAMI standards for 9mm Luger.

C.4.4 Cartridge Case

Shall be manufactured from brass.

The cartridge case shall bear the head stamp of the manufacturer and the caliber of the round. The year of manufacture or, alternately, a code letter to indicate the year of manufacture, is desirable.

The cartridge case mouth and primer shall be sealed to prevent the entrance of moisture, which could alter the performance of components in various environmental conditions.

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

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

Service – May be nickel plated.

Training – SHALL NOT be nickel plated.

Training Reduced Lead – SHALL NOT be nickel plated.

Frangible – SHALL NOT be nickel plated.

C.4.5 Primer

For all cartridge types the primer shall be non-corrosive.

Service – SHALL NOT be lead-free.

Training – SHALL NOT be lead-free.

Training Reduced Lead – SHALL be lead-free.

Frangible – SHALL be lead-free.

C.4.6 Pressure

Shall be no higher than recommendations of SAAMI for 9mm Luger +P.

C.4.7 Propellant

It is preferred that the propellant be clean burning and not leave substantial fouling or powder residue in the firearm.

It is additionally preferred that the propellant create a minimal amount of muzzle flash that is less than or equal to current FBI service ammunition, listed in TEP when fired from the listed accuracy test barrel in darkness.

C.5

FUNCTIONING AND AMMUNITION DEFECTS

C.5.1 Ammunition must function in the following firearms (including all variants and generations) in the FBI inventory or weapons authorized for personally owned carry:

Glock Model 17 Glock Model 19 Glock Model 26 SIG Sauer P226 SIG Sauer P228 Heckler and Koch MP5 9mm submachine gun (K, A2, A3, SF and SD versions)

Functioning is defined as feeding, chambering, locking, firing, unlocking, extracting, ejecting and cocking.

C.5.2 No more than one ammunition-related failure per 10,000 round sample of service ammunition will be considered acceptable for the duration of the contract. Ammunition-related failures shall not include failures that are shooter induced, caused by an improperly maintained weapon, or caused by a weapon defect.

C.5.3 No more than one ammunition-related failure per 5,000 round sample of training and reduced lead training ammunition will be considered acceptable for the duration of the contract. Ammunition-related failure shall not include failures that are shooter induced, caused by an improperly maintained weapon, or caused by a weapon defect.

C.5.4 No more than one ammunition-related failure per 2,500 round sample of frangible ammunition will be considered acceptable for the duration of the contract. Ammunition-related failures shall not include failures that are shooter induced, caused by an improperly maintained weapon, or caused by a weapon defect.

C.5.5 Ammunition-related failures may be discovered under the following conditions:

a) Failure to feed

b) Failure to chamber

c) Failure to lock

d) Failure to fire

e) Failure to unlock

f) Failure to extract

g) Failure to eject

h) Failure to cock

C.5.6 Ammunition specific-defects include, but are not limited to:

a) Deformed case

b) Inverted primer or bullet

c) Inert or defective primer

d) Squib load

e) Inconsistent bullet seating depth

f) Inconsistent powder charge

g) An excessive residue build up in the weapon

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

i) Case not within recommended specifications of the SAAMI

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

C.5.7 In the event that an ammunition-related failure or an ammunition-specific defect is encountered which exceeds the failure/defect rate established herein, the Government reserves the right to have the entire affected Lot replaced at no additional cost to the Government.

C.5.8 Ammunition shall not result in visible damage to FBI firearms through normal law enforcement usage. Contractor shall be responsible for all costs associated with the replacement of damaged firearms and/or parts.

C.6

PACKAGING AND IDENTIFICATION

C.6.1 Ammunition shall have a minimum guaranteed shelf life of five years from date of delivery.

C.6.2 Contractor shall be capable of tracking multiple ammunition lots sold and shipped under the contract in the event of a recall. Upon request, the contractor shall supply this information to the COR for warranty purposes.

C.6.3 Ammunition shall be contained in boxes of 50 rounds per carton and cases of 500 or 1,000 rounds. The 50 round cartons and 500 or 1,000 round cases shall reflect the following information unless otherwise specified:

a) Manufacturer(s) name

b) Caliber of the round

c) Bullet weight and design

d) Lot number

e) Product number or code

C.6.4 Stacked ammunition shipped on pallets shall display the following information, in plain view, on at least one exterior side (other than top or bottom) of the stack for the purpose of inventory management:

a) Manufacturer’s name

b) Caliber of the round

c) Bullet weight and design

d) Lot numbers

e) Product number or code

C.6.5 Carton containers inserts may be constructed of biodegradable or recyclable material to minimize environmental impact after disposal or to allow recycling.

C.6.5.1 Styrofoam or high density polystyrene inserts in the individual cartons is unacceptable.

C.6.5.2 The insert shall not “pill” or leave observable particles or residue on ammunition removed from the insert.

C.6.5.3 The insert, carton and case shall be designed to support the weight of ammunition when palletized for shipping and storage, when three pallets of ammunition are stacked vertically on a level concrete floor.

C.6.5.4 Each 50 round carton shall securely hold all 50 rounds, regardless of orientation of the carton.

C.6.6 No sales coupons or other promotional literature will be permitted inside the cartons or cases of ammunition.

C.7 DELIVERY

C.7.1 Ammunition shall be delivered within 60 days after receipt of order (ARO). Contractor is to deliver the entire quantity of ammunition. Partial lots may be accepted with prior approval from the COR.

C.7.2 Ammunition is to be drop shipped to the destinations set forth in the delivery order.

C.7.3 Delivery of ammunition shall be FOB “Destination” within the CONUS, Alaska, Hawaii and San Juan, Puerto Rico. This will apply to any entities authorized to purchase ammunition under this contract.

C.8

AUTHORIZED BUYERS

C.8.1 In addition to the FBI, other Federal Law Enforcement Agencies and entities may be authorized to purchase ammunition under the contract. Authorization will be given on a case by case basis and requires advance written approval by the Contracting

Officer.

C.8.2 Upon award, the contractor will receive a list of authorized buyers. Periodic adjustments will be made to the authorized buyer’s list as needed.

C.8.3 All ammunition orders placed by the FBI shall receive priority.

All other orders may be prioritized on a first come, first serve basis.

C.9

REPORTS

C.9.1 Contractor shall provide quarterly reports, to the Contracting

Officer and COR, within ten (10) calendar days of the end of the quarter during which supplies were delivered. The report shall include:

a) Contract Number

b) Number of Delivery Orders and Dollar Value for INDIVIDUAL authorized buyers

c) Number of Delivery Orders and Dollar Value for ALL authorized buyers

d) Overall usage amount to date under the contract (current reporting period combined with previous quarterly figures)

e) Notation of Delivery Order versus Credit Card

f) Notation of Destination It is preferred that this information be provided using either Microsoft Access or Excel programs.

C.10

QUALITY CONTROL PLAN / QUALITY ASSURANCE PROGRAM

C.10.1 Contractor shall provide a copy of the Quality Control Plan (QCP) for ammunition manufactured under this contract. Any revisions to the QCP are to be forwarded to the COR within 5 calendar days of the effective date.

C.10.2 Contractor is required to share the following information pertaining to quality control measures: in-process data of ammunition production to include, where appropriate but not limited to, amount produced in each Lot/Day Code; primer sensitivity test results; velocity, pressure, accuracy, and function testing in hand held pistols; waterproof test results; details on components used; weight of propellant; etc.

Data is to be organized and transmitted electronically to the COR for review, on a semi-annual basis, unless a more frequent schedule is warranted.

C.10.3 Ammunition which fails any portion of the quality control testing must be rejected and not shipped. No further attempts are to be made to correct or otherwise remediate ammunition which has failed any portion of the quality control testing. This is applicable to the entire Lot or Day Code of ammunition tested which failed.

C.10.4 Contractor shall provide the Government with a 100 round retainer sample from all Lots of service ammunition produced. The retainer sample ammunition is to be shipped to the FBI, DSU Ballistic Research Facility as soon as practical after it is produced.

C.10.5 Contractor shall periodically test ammunition to the original evaluation standards under the FBI Technical Evaluation Plan and submit all test results to the COR, on a semi-annual basis, unless required on a more frequent basis.

C.10.6 Government Quality Assurance Program (QAP) shall test both retainer samples and random Lots of ammunition produced under the contract. Any contract non-conformance will be documented and forwarded to the Contractor for review and corrective action. All corrective action plans shall be approved by the COR. A corrective action plan should remedy the non-conformance and identify preventative measures that will be taken to avoid a future repetitive non-conformance.

C.10.7 Contractor shall ensure appropriate corrective action is taken prior to the shipment of any new or replacement ammunition.

C.11

SECURITY AND ACCESS CONTROL

C.11.1 Due to security requirements at the FBI Academy, the contractor will be required to complete the SF86 (and related forms) and submit fingerprint cards for all personnel participating in on-site visits at least 30 days prior to such visits.

C.11.2 Only contractor staff with an FBI clearance or interim access approval may be allowed on FBI property.

C.11.3 Upon request, the COR will forward the required security forms and fingerprint cards.

C.11.4 All on-site visits by the contractor require a minimum of 24 hours advance notice, unless an exigent circumstance exists, which will require prior COR approval.

C.12

MEDIA STATEMENTS

C.12.1 All press statements and releases related to the contract shall be cleared, in advance, with the Contracting Officer.

[End of Section]

SECTION D - PACKAGING AND MARKING

D.1.0

PACKAGING AND MARKING

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

[End of Section]

SECTION E – INSPECTION AND ACCEPTANCE

E.1.0

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER

TITLE

DATE

52.246-4

INSPECTION OF SERVICES—

AUG 1996

FIXED-PRICE

(End of Clause)

E.2.0

QUALITY ASSURANCE

The FBI will monitor customer satisfaction by reviewing quarterly reports on shipments. The satisfactory delivery of ammunition will be closely monitored and tracked by the Contracting Officer’s Representative (COR), Defensive Systems Unit, at FBI Quantico. Items tracked include the timely delivery of supplies, accuracy of order and condition of delivery upon receipt. Vendors will be notified by FBI personnel of the quality assurance results. Vendors will be expected to correct deficiencies. Egregious or consistent substandard customer satisfaction may result in termination of this contract.

The Inspection, Testing and Acceptance criteria for the ammunition shall consist of the following for ammunition procured under the terms of this contract.

The contractor shall provide the FBI with a 100 round retainer sample from all Lots of service ammunition produced for the FBI. This retainer sample ammunition will be shipped to the FBI, DSU, Ballistic Research Facility as soon as practical after it is produced. The FBI will conduct discretionary Quality Assurance testing at any time during the life the contract, including both retainer samples and ammunition selected at random from other deliveries/Lots of ammunition.

Acceptance or Quality Assurance testing will consist of a visual inspection and may consist of test firing for accuracy, velocity, and pressure, as well as other test protocols established by the FBI.

Should the ammunition fail these tests, it may be returned to the contractor at no cost to the Government, and replaced with an equal amount of ammunition. The contractor will be notified in writing of the nature of the failure, defect, or deficiency.

Failure to maintain the quality, durability, and reliability standards at the time of award may cause the FBI, at its discretion, to initiate legal action, up to and including termination for cause proceedings, if appropriate.

In addition, the Government reserves the right to periodically perform the above Quality Assurance test procedures at the sole discretion of the FBI's Contracting Officer or COR.

Should a continuing pattern of failure emerge over three consecutive shipments of ammunition, this shall constitute grounds for the initiation of termination proceedings.

E.3.0

WARRANTIES

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

[End of Section]

SECTION F – DELIVERIES AND PERFORMANCE

F.1.0

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242‑15

STOP‑WORK ORDER

AUG 1989

52.242‑17

GOVERNMENT DELAY OF WORK

APR 1984

(End of Clause)

F.2.0

PERIOD OF PERFORMANCE

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

F.3.0

DELIVERABLES/ REPORTS

Reference Section C, Statement of Work, C.9.1 – Reports. Quarterly Reports are due, to the Contracting Officer and COR, within 10 calendar days after the quarter ends.

F.4.0

DELIVERY SCHEDULE

Ammunition shall be drop shipped to destinations set forth in Block #7 of the respective delivery order or as designated by the Government Purchase Card Request Form.

ALL DELIVERIES SHALL BE RECEIVED BY THE REQUESTOR NO LATER THAN 60 DAYS AFTER RECEIPT OF ORDER BY THE CONTRACTOR. IF DELIVERY CAN NOT BE MADE WITHIN THIS TIME FRAME, THE CONTRACTOR SHALL FORWARD NOTIFICATION WITH A DETAILED REASON FOR NON-SHIPMENT TO THE CONTRACTING OFFICER's REPRESENTATIVE’s (COTR) ATTENTION.

F.5.0

NOTICE TO THE GOVERNMENT OF DELAYS

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

F.6.0

PLACE OF DELIVERY

The contractor shall deliver items to any specified FBI location in CONUS, Alaska, & Hawaii and San Juan, Puerto Rico as set forth in Delivery Orders.

All deliveries shall be FOB "Destination."

F.7.0

F.O.B. DESTINATION (52.247‑34) (NOV 1991)

(a) The term "f.o.b. destination," as used in this clause, means‑‑

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

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

(b) The Contractor shall‑‑

(1)

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

(ii)In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

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

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

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

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

(End of Clause)

[End of Section]

SECTION G – CONTRACT ADMINISTRATION

G.1.0

JAR 2852.201-70 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR) (JAN 1985)

A.

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

B.

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

C.

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

(End of clause)

G.2.0

CONTRACT ADMINISTRATION

The Administrative Contracting Officer for this contract shall be named upon contract award. Written communications shall make reference to the contract and delivery order number; and be mailed to the attention of the Contracting Officer indicated in the contract unless otherwise instructed.

G.3.0

INVOICING REQUIREMENTS

A.

Invoices shall be submitted within ten (10) calendar days of delivery, reflecting the date the invoice was created.

B.

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

It shall be the contractor‘s responsibility to include the information required by this contract on each and every invoice when invoicing. If an invoice does not contain the above information, the government reserves the right to reject the invoice(s) as IMPROPER and notify the contractor within seven (7) days after receipt of the invoice at the designated billing office. Resubmission of a PROPER invoice will be required.

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

G.4.0

SMALL BUSINESS ACCELERATED PAYMENT

The contractor must indicate its size on each invoice to assist the payment office in determining eligibility for accelerated payment, in accordance with OMB Memo M-11-32, ‘ACCELERATING PAYMENTS TO SMALL BUSINESSES FOR GOODS AND SERVICES’, dated 10/14/2011. The Prompt Payment Act still applies to this action; however, the agency will make best efforts to pay proper invoices within 15 days.

G.5.0

PAYMENT

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

G.6.0

WITHHOLDING OF CONTRACT PAYMENTS

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

G.7.0

ORDERING

In accordance with Federal Acquisition Regulation (FAR) 16.505, Ordering, and the clause at 52.516-18, Ordering, any supplies or services to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals authorized in the contract.

[End of Section]

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1.0

DISCLOSURE OF DATA UNDER THE FREEDOM OF INFORMATION ACT (FOIA)

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

(End of Clause)

H.2.0

GOVERNMENT RIGHTS IN DATA AND COPYRIGHTS

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

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

H.3.0

ACCESS TO FEDERAL BUREAU OF INVESTIGATION (FBI) LOCATIONS

Performance under this contract may require access to FBI locations to provide some service, product, or perform some other official function of interest to the FBI. Requirements, as identified below, including approval by the FBI's Security Division, must be satisfied prior to access. Contractors who will require escorted access, including short-term, intermittent, or infrequent access, to an FBI facility must complete an "Access of Non-FBI Personnel to FBI Facilities, Background Data Information Form," (FD-816), a "Privacy Act of 1974 Acknowledgment Form" (FD-484) and two Fingerprint Cards (FD-258). Completed forms should be provided to the assigned Contracting Officer's Technical Representative (COTR) at least 10 days prior to required access.

H.4.0

CONTRACTOR SUITABILITY REQUIREMENT

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

H.5.0 DOJ Residency Requirement

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

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

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

H.6.0

DISRUPTION TO THE SCHEDULE

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

[End of Section]

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1.0

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1

DEFINITIONS

JUL 2004

52.203‑3 GRATUITIES

APR 1984

52.203-5

COVENANT AGAINST CONTINGENT FEES

APR 1984

52.203-8 CANCELLATION, RESCISSION, AND

JAN 1997

RECOVERY OF FUNDS FOR ILLEGAL OF

IMPROPOER ACTIVITY

52.203-10

PRICE OR FEE ADJUSTMENT FOR ILLEGAL

JAN 1997

OR IMPROPER ACTIVITY

52.203-12

LIMITATION ON PAYMENTS TO INLFUENCE

SEP 2005

CERTAIN FEDERAL TRANSACTION

52.203-13

CONTRACTOR CODE OF BUSINESS ETHICS

DEC 2008

AND CONDUCT

52.204‑4 PRINTED OR COPIED DOUBLE‑SIDED ON

AUG 2000

RECYCLED PAPER

52.204-7

CENTRAL CONTRACT REGISTRATION

APR 2008

52.215-8

ORDER OF PRECEDENCE-UNIFORM CONTRACT OCT 1997

FORMAT

52.222-50

COMBATING TRAFFICKING IN PERSONS

FEB 2009

52.223-6

DRUG FREE WORKPLACE

MAY 2001

52.229-3

FEDERAL, STATE, AND LOCAL TAXES

APR 2003

52.232-1

PAYMENTS

52.232-17

INTEREST

OCT 2010

52.233-1

DISPUTES

JUL 2002

52.242‑13 BANKRUPTCY

JUL 1995

52.249-2

TERMINATION FOR CONVENIENCE OF THE

MAY 2001

GOVERNMENT

52.249-8

DEFAULT

52.253‑1 COMPUTER GENERATED FORMS

JAN 1991

(End of Clause)

I.2.0 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (FEB 2010)

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

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

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

XXX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

___(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

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

XXX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

XXX (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note).

___ (7) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

XXX (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (9) [Reserved]

___ (10) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (11) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

___ (12) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

___ (13) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (14) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

___ (15) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (16) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (17) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (18) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

XXX (20) 52.219-28, Post Award Small Business Program Representation (Apr 2009) (15 U.S.C. 632(a)(2)).

XXX (21) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XXX (22) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126).

XXX (23) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

XXX (24) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

XXX (25) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

XXX (26 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

XXX (27) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

XXX (28) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)(E.O. 13496).

XXX (29) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (30) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (31) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (32) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

XXX (33) (i) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (Sep 2010)(E.O. 13513).

XXX (34) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (35) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

___ (36) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XXX (37) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (38) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (39) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (40) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (41) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

XXX (42) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

___ (43) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

___ (44) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

___ (45) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (46) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from…