Solicitation.pdf

DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

REQUEST FOR PROPOSAL

RFP-OSCU-DSU1502

5.56 x 45mm NATO | .223 Remington Caliber

Service | Training | Reduced Lead Training Ammunition

May 14, 2015

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 - CARTRIDGE SPECIFICATIONS

C.5 - FUNCTIONING AND AMMUNITION DEFECTS

C.6 - PACKAGING AND IDENTIFICATION

C.7 - AUTHORIZED BUYERS

C.8 - REPORTS

C.9 - QUALITY CONTROL / QUALITY ASSURANCE PROGRAM

C.10 - SECURITY AND ACCESS CONTROL

C.11 - 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 (COR)

G.2 - CONTRACT ADMINISTRATION

G.3 - INVOICING REQUIREMENTS

G.4 - SMALL BUSINESS ACCELERATED PAYMENT

G.5 - PAYMENT

G.6 - WITHHOLDING OF CONTRACT PAYMENTS

G.7 - CONTRACTOR PERFORMANCE INFORMATION

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

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 - CLAUSES INCORPORATED BY REFERENCE

I.2 - CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

I.3 - RESPONSIBILITY MATTERS

I.4 - ORDER LIMITATIONS

I.5 - NOTICE OF CONTRACTOR PERSONNELL SECURITY REQUIREMNTS

I.6 - 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 PERFORMACNE QUESTIONNAIRE

ATTACHMENT #3 - MANUFACTURER’S CHECKLIST

ATTACHMENT #4 - MANUFACTURER’S 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: AMMUNITION

L.11 - INSTRUCTIONS FOR SUBMISSION OF PROPOSALS

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 - EVALUATION – COMMERCIAL ITEMS

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

Contractor shall provide three (3) separate types of Commercial Off-the-Shelf

5.56 x 45mm NATO / .223 Remington caliber ammunition in accordance with Part 12 – Commercial Items of the Federal Acquisition Regulation (FAR).

B.2.0 TYPE OF CONTRACT

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 shall be made only as authorized by orders issued in accordance with the Ordering clause. Under single award, 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 $20,000.00 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 delivery orders or the Government Purchase Card Program.

The Government may contemplate multiple award contracts. Under multiple award, the Government shall order a minimum of $20,000.00 over the life of the contract from each awardee. The maximum contract value will be a best value determination and may vary among awardees; however, the combined total of the awards shall not exceed $25,000,000.00.

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

5.56 x 45mm NATO / .223 Remington Caliber 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 principal investigative arm of the Unites States Department of Justice, FBI personnel 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 (5.56x45mm/.223Rem) 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.

The reliability, terminal performance and accuracy of the ammunition used in weapons are paramount to the survival of Special Agents and others in the face of a violent confrontation. Ammunition is stored, carried, and fired from service weapons in a variety of environmental conditions around the world. FBI carbines are chambered to accept 5.56x45mm NATO ammunition.

Note: Offerors may submit either 5.56x45mm NATO or .223 Remington ammunition. Both ammunition types will hereafter be referred to as 5.56mm.

C.2 SCOPE

C.2.1 Provide fully compatible service, training, and training reduced lead ammunition with all 5.56 caliber weapons issued or approved by the agency.

C.2.2 Deliver within 90 days after receipt of order. Deliveries shipped FOB to all FBI (and other approved Federal government locations) CONUS, to also include Hawaii, Alaska, and Puerto Rico.

C.2.3 Provide ammunition that is satisfactory to the Government 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 recommended performance standards by the Sporting Arms and Ammunition Manufacturers Institute (SAAMI)1 or 5.56x45mm NATO standards; however, the Government reserves the right to require more stringent specifications than those set forth by the SAAMI/NATO to meet specific agency needs.

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

C.3.3 No component of ammunition shall have been used previously. Reloaded ammunition is unacceptable.

C.3.4 Contractor shall be capable of manufacturing the entire quantity of ammunition at their manufacturing facility within the required time frames. The contractor may purchase components for the cartridge from other sources, but the contractor shall be the primary manufacturer of the ammunition. Contractor may not use or employ any subcontractors without the prior approval of the COR.

C.3.5 Contractor shall provide proof of liability insurance annually in the amount of at least $5,000,000 (United States).

C.3.6 Contractor shall be capable of conducting continuous in-house quality control testing to ensure all performance characteristics of ammunition are maintained in accordance with the recommended specifications.

C.3.7 The contractor shall possess the capability to conduct failure analysis on any cartridge or component returned by the Government which does not function as designed or that exhibits signs of an obvious anomaly. Findings of failure analysis will be reported to the Government in writing, within 5 business days, concerning the findings and remedial action taken by the contractor to correct the defect, if warranted.

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

1Published by SAAMI, 555 Danbury Road., Wilton, Connecticut 06897. Available through American

National Standards Institute (ANSI), 11 West 42nd Street, Thirteenth Floor, New York, New York 10036,

(212) 642- 4900, Publication: ANSI/SAAMI 299.3-1993.

C.4 CARTRIDGE SPECIFICATIONS

C.4.1 Projectile Weight

Service – The unfired projectile shall not weigh less than 55 grains, nor shall it weigh more than 77 grains (+/- 2%)

Training – The unfired projectile shall not weigh less than 55 grains, nor shall it weigh more than 77 grains (+/- 2%)

Training Reduced Lead – The unfired projectile shall not weigh less than 55 grains, nor shall it weigh more than 77 grains (+/- 2%)

C.4.2 Projectile Design

The projectile design shall not require 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 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 – Material which fills the cavity (i.e., polymer “tip” is acceptable). The service projectile should expand when striking validated 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 an optimal diameter, and retain as high a percentage of its weight as possible. No exposed lead is permitted at the base of the bullet.

Training – The Training projectile shall be a full metal jacket (FMJ) or open tip match (OTM) design or have a similar appearance. The projectile shall not be of a frangible design and/or have a jacket of any metal other than copper or brass (alloy of copper & zinc). It shall have a conventional lead core with copper/brass jacket design. It is required that the projectile have no exposed lead on its base.

Training Reduced Lead – The Training projectile shall be a full metal jacket (FMJ) or open tip match (OTM) design or have a similar appearance. The projectile shall not be of a frangible design and/or have a jacket of any metal other than copper or brass (alloy of copper & zinc). It shall have a conventional lead core with copper/brass jacket design. It is required that the projectile have no exposed lead on its base.

C.4.3 Projectile Accuracy

Five (5), five-shot groups will be fired in an FBI carbine using a front rest/sandbag supported position and magnified optics. The best four of the five shot groups will be averaged and may not exceed 6” at 100 yards. FBI objective is to have all carbine ammunition group <3” with a threshold of 6” @ 100 yards.

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 required.

Service 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. [requirement does not apply to Training or Training Reduced Lead submissions]

The cartridge case shall not rupture nor 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.

Service – May be nickel plated [Nickel plating is preferred].

Training – SHALL NOT be nickel plated.

Training Reduced Lead – SHALL NOT be nickel plated.

C.4.5 PRIMER

For all cartridge types the primer shall be non-corrosive. The primer shall be staked or crimped in place.

Service – SHALL NOT be lead-free.

Training – SHALL NOT be lead-free.

Training Reduced Lead – SHALL be lead-free.

C.4.6 Pressure

Average chamber pressure will be measured from 20 rounds of each sample using a PCB 117B30 conformal transducer using an H.S. Precision pressure test barrel (24” long) chambered in 5.56x45 NATO. The pressure test barrel will be secured in a Universal Receiver.

The average chamber pressure for all 20 rounds shall not exceed 58,500 PSI with no single shot in excess of 66,150 PSI.

The PCB 117B30 transducer will be calibrated to the brass of the sample being tested.

Offerors are permitted to submit pressure test results in either NATO (EPVAT), SAAMI (Conformal) or as outlined above.

The FBI will ensure the ammunition is safe to use in FBI carbines by pressure testing as outlined above.

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 in Service cartridges creates a minimal amount of muzzle flash that is less than or equal to current FBI service ammunition2.. This test will be conducted in a darkened room using the 11.5” FBI Carbine with A2 flash hider affixed to the muzzle. High speed video will be used to evaluate the muzzle flash.

C.5 FUNCTIONING AND AMMUNITION DEFECTS

C.5.1 Ammunition must function in the following firearms:

FBI carbine: 11.5” barrel, 5.56mm NATO chamber, 1:7 twist, chrome lined (currently being manufactured by ESS and supplied by Superior Arms) with Mil-Spec upper and lower receivers using an “H” buffer weight and M4 feed ramps.

Adams Arms RA-11.5-C-TEVO-XLP-556

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

2 Current FBI service ammunition is Federal Cartridge, 62 grain Tactical Bonded, product number XM556FBIT3M.

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 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.5.5 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/NATO

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

C.5.6 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.5.7 Ammunition shall not result in visible damage to 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 [5] 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 20 to 30 rounds and cases of 500 or 1,000 rounds. The 20 to 30 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

f) Purpose

i) SERVICE

ii) TRAINING

iii) TRAINING REDUCED LEAD

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

f) Purpose

i) SERVICE

ii) TRAINING

iii) TRAINING REDUCED LEAD

C.6.5 Carton container 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 individual cartons are prohibited.

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 500 or 1,000 round case shall securely hold all of the individual 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.6.7 Stripper clips (10 rounds).

All training and training reduced lead ammunition shall come on stripper clips.

Service ammunition may come on stripper clips.

C.7 AUTHORIZED BUYERS

C.7.1 In addition to the FBI, other Federal Law Enforcement Agencies and entities may be authorized to purchase ammunition. Authorization will be provided on a case by case basis and requires advance written approval by the FBI Contracting Officer.

C.7.2 Under single award, the contractor shall receive a list of authorized buyers post award. Periodic adjustments may be made to the authorized buyer list, as needed, throughout the life of the contract. Under multiple award, interested buyers shall reach out to the FBI Contracting Officer for ordering procedures and prior approval to utilize a contract(s), in accordance with FAR 16.505.

C.7.3 All orders shall be prioritized in the order they are received. Emergency orders placed by the FBI, as identified by COR, shall receive priority over all other orders.

C.8 REPORTS

C.8.1 Contractor shall provide quarterly usage report to Contracting Officer within ten

(10) calendar days of the end of the quarter [Jan-Mar/Apr-Jun/Jul-Aug/Sep-Dec] during which ammunition orders were received.

Report includes:

a. Contract Number & Period of Performance [ex: Base Year/Qtr1]

b. List of individual delivery orders “ACCEPTED” during the quarter

*Include Agency Order Number; Agency Field Office Location;

and Dollar Value of order

c. Total number of “ACCEPTED” delivery orders and total dollar value for each authorized buyer

d. Overall usage to date under the contract (current quarterly figure combined with previous quarters)

NOTE: “ACCEPTED” refers to an order that has been received during the quarter, regardless if the order shipped. When an order has been received/accepted by the contractor, the maximum, not to exceed, contract value is impacted.

C.8.2 Contractor shall provide a monthly open order report to the COR, within five (5) calendar days of the last day of the month, detailing the status on ALL ammunition pending delivery.

Report includes:

a. Contract Number & Purchase Order Number

b. Ordering Entity (FBI Location and/or other Agency location)

c. Date Order Received

d. Ammunition Type

e. Ammunition Quantity

f. Projected Date of Delivery

g. Reason for Delay

C.9 QUALITY CONTROL / QUALITY ASSURANCE PROGRAM

C.9.1 Contractor shall provide specific information on Quality Control (QC) measures Applied to all ammunition acquired under this contract. Any revisions to QC measures shall be forwarded to the COR within 5 calendar days of the effective date.

C.9.2 Ammunition which fails any portion of Contractor’s Quality Control testing must be rejected and not shipped. No further attempts shall be made to correct or otherwise remediate ammunition which has failed any portion of the Quality Control testing, for purposes of delivery under this contract.

C.9.3 Contractor shall provide a 100 round retainer sample from all Lots of service ammunition produced for the FBI. All retainer sample ammunition shall be shipped to the FBI (DSU) Ballistic Research Facility as soon as possible after it is produced.

C.9.4 Government shall periodically conduct Quality Assurance (QA) testing of both retainer samples and random lots of ammunition produced under this contract, to ensure ammunition meets performance requirements for which the contract was awarded.

C.9.5 Contractor shall take corrective action within 30 days of written notification of a contract non-conformance. Action shall include replacement of all defective, deficient, or suspect ammunition; and provide COR with written results of failure analysis and preventative measures to avoid repetitive non-conformances.

C.10 SECURITY AND ACCESS CONTROL

C.10.1 All required security forms and fingerprint cards will be provided to offerors by the

COR, upon request.

C.10.2 All on-site visits require a minimum of 48 hours advance notice, unless an exigent circumstance exists which will require prior CO or COR approval.

C.11 MEDIA STATEMENTS

C.11.1 All press statements and releases related to the contract shall be approved, in advance, with the Contracting Officer.

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.

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

52.246-2 INSPECTION OF SUPPLIES— AUG 1996

FIXED-PRICE

(End of Clause)

E.2.0 QUALITY ASSURANCE

The Government shall monitor customer satisfaction by reviewing quarterly reports on shipments. The satisfactory delivery of ammunition will be closely monitored and tracked by the COR, Defensive Systems Unit, at FBI Quantico. Items tracked include the timely delivery of supplies, accuracy of order and condition of delivery upon receipt. Contactor will be notified by Government personnel of quality assurance results. It is the contractor’s responsibility to correct any/all deficiencies.

Inspection, Testing and Acceptance criteria for ammunition shall consist of:

Contractor is to provide 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 may conduct discretionary Quality Assurance (QA) testing at any time during the life the contract, including both retainer samples and ammunition selected at random from other deliveries/lots of ammunition.

Ammunition which fails QA testing may be returned to the vendor, 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 established at the time of award is detrimental to the Government. Should a continuing pattern of failure emerge over three consecutive shipments of ammunition, this may 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.

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):

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-15 STOP-WORK ORDER AUG 1989

F.2.0 PERIOD OF PERFORMANCE

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

F.3.0 DELIVERABLES/ REPORTS

Reference Section C, Statement of Work, C.14.1 – Quarterly Usage Report and C.14.2 – Monthly Open Order Report.

F.4.0 DELIVERY SCHEDULE

ALL DELIVERIES SHALL BE RECEIVED BY THE REQUESTOR NO LATER THAN 90 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 COR’s ATTENTION.

CONTRACTOR IS TO MAKE BEST EFFORT TO DELIVER WITHIN 90 DAYS OR PROVIDE

REQUESTOR WITH A REALISTIC DELIVERY DATE AT THE TIME AN ORDER IS PLACED.

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 drop-ship ammunition to destinations identified on individual delivery orders or as designated by the Government Purchase Card Request Form in CONUS, Alaska, & Hawaii and San Juan, Puerto Rico.

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) For each shipment the Contractor shall --

(1)

(i) Pack and mark the shipment to comply with the 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 to the end user/ ordering authority(i.e., verbal, electronic, written) and designate the mode of delivering carrier; and

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

SECTION G – CONTRACT ADMINISTRATION

G.1.0 JAR 2852.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (JAN

1985)

A. An individual that shall be named after contract award is hereby designated to act as the COR under this contract.

B. The COR 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 COR 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

An Administrative Contracting Officer (ACO) shall be named upon award. Any/all contract related matters shall be addressed to the attention of the ACO throughout the life of the contract. Technical matters shall be addressed with the COR.

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 (name, email address, phone number).

It shall be the contractor’s responsibility to include the information required by this contract on each and every invoice. If an invoice does not contain the above information, the government reserves the right to reject the invoice as IMPROPER and notify the vendor 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 Agency Point of Contact under the contract. All follow-up invoices (i.e. revised, resubmitted) shall be marked

"REVISED".

G.4.0 SMALL BUSINESS ACCELERATED PAYMENT

The contractor must indicate its business 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 and Contracting Officer certification of receipt of supplies and pricing. Contractor shall address payment questions/inquiries to (855)314-3343.

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 CONTRACTOR PERFORMANCE INFORMATION

Past performance information is relevant information, for future source selection purposes, regarding a contractor’s actions under previously awarded contracts. Performance under this contract will be assessed, on an annual basis, and will focus on the following performance categories: Quality of Product/Service; Timeliness of Deliveries/Performance;

and Business Relations/Responsiveness. Input for the assessments will generally be provided by the COR, CO, and any end user of the product or service.

Upon completion of an assessment, contractors will have the opportunity to review the performance assessment for 30 days and submit any comments, rebuttal statements, or additional information. The ultimate conclusion on the performance assessment is a decision of the contracting agency. Information obtained for the performance assessment may be reported electronically to the Past Performance Information Retrieval System in accordance with Federal Acquisition Regulation and agency procedures and may be used to support future award decisions.

Upon contract award, the contractor shall provide a representative that will be responsible for reviewing the performance assessment. A contractor representative must be appointed at all times for the duration of the contract.

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.

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 Representative (COR) at least 10 days prior to required access.

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):

A. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 DEFINITIONS NOV 2013

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

52.203-17 CONTRACTOR WHISTLEBLOWER RIGHTS AND SEP 2013

REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON MAY 2011

RECYCLED PAPER

52.204-13 SYSTEM FOR AWARD MANAGEMENT JUL 2013

REQUIREMENT TO INFORM EMPLOYEES OF

52.212-4 CONTRACT TERMS & CONDITIONS – SEP 2013

COMMERCIAL ITEMS

52.216-18 ORDERING OCT 1995

52.216-22 INDEFINITE QUANTITY OCT 1995

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT MAR 2000

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEARAPR1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL DEC 2013

BUSINESS SUBCONTRACTORS

52.233-1 DISPUTES JUL 2002

52.242-13 BANKRUPTCY JUL 1995

52.253-1 COMPUTER GENERATED FORMS JAN 1991

I.2.0 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2014)

(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:

XX (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).

XX (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (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 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract

Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

http://www.acquisition.gov/Far/current/html/52_222.html#wp1151848 http://uscode.house.gov/ http://www.acquisition.gov/Far/current/html/52_222.html#wp1151848 http://uscode.house.gov/ http://www.acquisition.gov/Far/current/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://www.acquisition.gov/Far/current/html/52_233_240.html#wp1113344 http://www.acquisition.gov/Far/current/html/52_200_206.html#wp1137622 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 http://www.acquisition.gov/Far/current/html/52_200_206.html#wp1141983 http://uscode.house.gov/ http://www.acquisition.gov/Far/current/html/52_200_206.html#wp1144881 http://www.acquisition.gov/Far/current/html/52_200_206.html#wp1141649 http://uscode.house.gov/

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting

Requirements (Jul 2010) (Pub. L. 111-5).

XX (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31

U.S.C. 6101 note).

XX (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Jul 2013) (41 U.S.C. 2313).

__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations

(May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of

Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of

Division D of Pub. L. 110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

XX (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved]

__ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.

644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (13)(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.

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

__ (14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C.

637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (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.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (19)(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.

__ (20) 52.219-25, Small Disadvantaged Business Participation

Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section

7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive

Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

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__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business

Set-Aside (Nov 2011) (15 U.S.C. 657 f).

XX (23) 52.219-28, Post Award Small Business Program Representation (Jul 2013)

(15 U.S.C. 632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged

Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB)

Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan

2014) (E.O. 13126).

__ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

__ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29

U.S.C. 793).

__ (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

__ (33) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act (Dec 2010) (E.O. 13496).

__ (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order

12989). (Not applicable…