Solicitation.Pistols.pdf

DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

REQUEST FOR PROPOSAL

RFP-OSCU-DSU1503

CLASS I SEMI-AUTOMATIC PISTOL;

CLASS II SEMI-AUTOMATIC PISTOL;

CLASS I INERT TRAINING PISTOL;

CLASS I "MAN MARKER" PISTOL;

CLASS I & II REPLACEMENT PARTS

October 7, 2015

TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION A - STANDARD FORM (SF) 26

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/TEN (10) YEAR ESTIMATED CONTRACT COST

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK (SOW)

C.1 - GENERAL DESCRIPTION

C.2 - SCOPE

C.3 - GENERAL REQUIREMENTS

C.4 - SPECIFICATIONS

C.5 - ARMORER COURSE

C.6 - GUNSMITH SPECIALTY TOOLS

C.7 - AUTHORIZED BUYERS

C.8 - REPORTS

C.9 - QUALITY CONTROL PLAN

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 GOVERNMENT OF DELAYS

F.6 - PLACE OF DELIVERY

F.7 - F.O.B. DESTINATION

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 - CONTRACTING OFFICER'S 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 PERSONNEL SECURITY REQUIREMENTS

I.6 - CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC,

INFLUENZA OR OTHER NATIONAL EMERGENCY

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 - CONTRACTOR’S CHECKLIST

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OF OFFERORS

K.1 - INFORMATION REGARDING RESPONSIBILITY 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: VOLUME #1 TECHNICAL

PROPOSAL

L.8 - PROPOSAL PREPARATION INSTRUCTIONS: VOLUME #2 PRICE

PROPOSAL AND OTHER DOCUMENTS

L.9 - PROPOSAL PREPARATION INSTRUCTIONS: VOLUME #3 PAST

PERFORMANCE

L.10 - PROPOSAL PREPARATION INSTRUCTIONS: VOLUME #4 PISTOL SAMPLES

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 DESCRIPTION OF SUPPLIES

The Government has a need for the following 9mm semi-automatic pistols, along with all associated replacement parts, in accordance with Part 12 – Commercial Items of the Federal Acquisition Regulation (FAR):

Class I Compact Pistol: One (1) Class I Pistol with a barrel length of no less than 3.75” and no greater than 4.25”, minimum magazine capacity of 14 rounds, night sights, six (6) magazines, FBI approved gun lock (lock approval shall be post award), operator’s manual written in English, stackable hard plastic container.

Class II Full Size Pistol: One (1) Class II Pistol with a barrel length of no less than 4.26” and no greater than 5.20” , minimum magazine capacity of 16 rounds, night sights, six (6) magazines, FBI approved gun lock (lock approval shall be post award), operator’s manual written in English, stackable hard plastic container.

Class I Inert Training Pistol (a.k.a. Red Handle): One (1) Class I Pistol, deactivated with full articulation, red frame and slide, night sights, four (4) magazines with red floor plates, FBI approved gun lock (lock approval shall be post award), operator’s manual written in English, stackable hard plastic container.

Class I Man Marker Training Pistol (a.k.a. SIMUNITIONTM1): One (1) Class I Man Marker Pistol, blue slide or slide with blue inserts, four (4) magazines with blue floor plates, FBI approved gun lock (lock approval shall be post award), operator’s manual written in English, stackable hard plastic container.

Class I & Class II Pistol Replacement Parts: Replacement parts which comprise Class I & Class II Pistols to include standard and non-standard parts manufactured or provided by the Contractor of the pistols.

B.2 TYPE OF CONTRACT

Contract will be structured as a Firm Fixed Price (FFP), Indefinite-Delivery Indefinite-Quantity (IDIQ), type contract for a twelve month base period and nine (9) possible additional one-year option periods.

1 SIMUNITION (Non-Lethal Training Ammunition), www.simunition.com.

http://www.simunition.com/

B.3 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 $85,000,000.00 (USD) 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.

B.4 PRICING/TEN (10) YEAR ESTIMATED CONTRACT COST

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

[End of Section]

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK (SOW)

C.1 GENERAL DESCRIPTION

The Federal Bureau of Investigation (FBI) is the Federal Government's principal agency responsible for investigating violations of more than 260 Federal statutes.

As the principal investigative arm of the United States Department of Justice, FBI personnel are involved in high threat assignments where deadly force may be used.

The FBI has a need to acquire the following semi-automatic pistols for use by armed personnel during the course of training and operations:

Class I Compact Pistol;

Class II Full Size Pistol;

Class I Inert Training Pistol (a.k.a. Red Handle);

Class I Man Marker Training Pistol (a.k.a. SIMUNITION);

Class I & Class II Pistol Replacement Parts

The reliability of a pistol followed by the accuracy potential of a pistol is paramount to the survival of armed FBI personnel and others in the face of a violent confrontation. FBI firearms are stored, carried, and fired around the world and must be capable of withstanding extreme environmental conditions along with the rigors of FBI training and operations.

C.2 SCOPE

C.2.1 Provide pistols and replacement parts that are satisfactory as reflected in quality assurance testing designed to ensure proper functionality.

C.2.2 Deliver within 90 days after receipt of order. Deliveries of pistols and parts shall be shipped FOB “Destination” within the CONUS, Alaska, Hawaii, and Puerto Rico.

C.3 GENERAL REQUIREMENTS

C.3.1 Pistols shall safely fire 9mm Luger ammunition in all operational and training environmental conditions.

C.3.2 Class I & II pistols shall have the same operating system and control mechanisms with the only difference being the slide, barrel, frame, and grip dimensions.

C.3.3 Pistols delivered to the Government shall be new and not previously used. This includes every component part of the pistol and magazines.

C.3.4 Contractor shall manufacture the entire quantity of pistols at their facility within established time frames.

C.3.5 Contractor may purchase components for the firearm from other sources; however, the Contractor shall be the primary manufacturer of the pistol. Contractor may not use or employ any subcontractors without the prior approval of the COR.

C.3.6 Contractor shall provide proof of liability insurance annually in the amount of at least $5,000,000.00.

C.3.7 Contractor shall be capable of conducting continuous in-house quality control testing to ensure all performance characteristics of pistols are maintained in accordance with the recommended specifications.

C.3.8 Contractor shall possess the capability to conduct failure analysis on any pistol or component returned by the Government which does not function as designed or that exhibits signs of an obvious anomaly.

C.3.9 Contractor shall not make any unannounced alterations to the pistol design or components without prior notification to and written approval by the COR.

C.3.10 Although not required, it is preferred the Contractor be certified by an authorized registrar that offers third-party audit services to the ISO 90002 series standards, namely the International Standards of Quality Control as described in International Standard ISO 9001 (Quality Systems - Model for quality assurance in design, development, production, installation and servicing).

C.4 SPECIFICATIONS

C.4.1 CALIBER

Pistols shall be chambered for the 9mm Luger cartridge and must be capable of firing 9mm Luger ammunition which is in compliance with the specifications as outlined by the Sporting Arms and Ammunition Manufacturers Institute (SAAMI)3.

The source from which the International Standard ISO 9001 may be obtained is: ANSI, 11 West 42nd Street, New York, New York 10036, Telephone Number: 212-642-4900.

3 Sporting Arms and Ammunition Manufacturers' Institute, Inc., 11 Mile Hill Road, Newtown, Connecticut 06470, rpatterson@saami.org or www.saami.org.

C.4.2 PISTOL PHYSICAL DIMENSIONS

C.4.2.a Barrel4 Class I: Barrel shall be a minimum of 3.75” not to exceed 4.25” Class II: Barrel shall be a minimum of 4.26” not to exceed 5.20”

Barrel lengths between the two classes of pistol shall not be closer than 0.5”.

C.4.2.b Height5 Class I: No less than 4.75” and no greater than 5.6” Class II: No greater than 6”

C.4.3 MAGAZINES

C.4.3.a Capacity Class I: Magazine shall hold a minimum of 14 cartridges Class II: Magazine shall hold a minimum of 16 cartridges

C.4.3.b Magazine shall positively lock in the magazine well.

C.4.3.c Class II magazines shall fit in Class I pistols and function the pistol as designed.

C.4.3.d No extended magazines, or “+” floor plates, for any Class of pistol are permitted.

C.4.3.e Magazine shall release and fall free from the magazine well when magazine catch is completely depressed regardless of the number of cartridges contained within the magazine and regardless of the position of the slide (i.e., forward or locked to the rear). This is required when the pistol is held with the sights level and with the magazine floorplate oriented down.

C.4.3.f All magazine components shall be constructed of a material which is rust and corrosion resistant.

A finish applied to metal magazines is permitted.

C.4.3.g The follower shall move freely in the magazine body without binding and shall position each round for positive feeding.

It is preferred the follower be a high visibility color (orange, red, yellow, etc.).

4 The barrel length will be measured from the end of the muzzle to the breech face with the slide in the forward locked position (+/- 0.05”) 5 The height will be measured from the top of the rear sight to the lower most portion of the floor plate of a magazine inserted and locked in the pistol.

C.4.3.h Magazines shall have witness holes which will permit viewing the number of rounds in at least 5 round intervals.

It is preferred witness holes exist for each cartridge contained in the magazine starting with cartridge number 4 and showing every cartridge contained in the magazine thereafter.

C.4.3.i Magazine floor plate shall:

Be removable for magazine disassembly without the use of specially designed tools. Use of the supplied armorer’s tool is acceptable.

Remain securely affixed when dropped from a height of 48” onto a hard surface regardless of the number of cartridges contained in the magazine or the orientation of the magazine upon impact.

Aid in the positive seating of the magazine during loading.

Enable positive gripping and rapid manual extraction of the magazine if the magazine is locked in place as a result of a malfunction (e.g., double feed) or if the shooter is wearing gloves.

Have a small ledge (“toe”) on the front of the magazine to aid the shooter in rapid extraction of the magazine. This ledge must protrude forward of the grip (nominally 0.10” - 0.15”) to enable the non-shooting hand to strip the magazine from the pistol. See image below:

Have a floor plate colored red for the Inert training pistol. Design must match floor plate as noted above.

Have a floor plate colored blue for the Man Marker training pistol. Design must match floor plate as noted above.

Figure 1

C.4.4 MAGAZINE DISCONNECTOR/SAFETY

None allowed. The pistol shall fire with the magazine removed and a live round in the chamber.

C.4.5 MAGAZINE WELL

The edges at the entrance of the magazine well shall be beveled in order to aid in the ease of reloading on both Class I & II pistols.

It is preferred the Class II pistol have a flared magazine well entrance. This flare should extend no more than 0.100” beyond the outside of the grip on each side.

C.4.6 MAGAZINE CATCH/RELEASE

C.4.6.a The magazine catch shall be located on the frame near the junction of the trigger guard and the grip.

C.4.6.b The magazine catch shall be ambidextrous.

It is allowable for this to be accomplished by moving the magazine catch button from the left side to the right side by an FBI gunsmith.

C.4.6.c The magazine catch shall be activated by depressing the catch with a lateral movement by the shooter’s thumb/finger.

It is not allowable to have a magazine catch which is activated by a downward movement.

C.4.6.d The magazine catch shall be designed to allow for positive release of the magazine when fully depressed by the shooter.

C.4.6.e The magazine catch shall be designed and positioned to reduce the likelihood of inadvertent release of the magazine during handling and/or firing.

The magazine catch shall release with a minimum of 4 lbs. of pressure and shall require no more than 7 lbs. of pressure to release.

C.4.6.f Contractor shall offer a magazine catch of two sizes (e.g., standard and extended).

C.4.7 TRIGGER

C.4.7.a Trigger Mechanism Type / Class I & II

The trigger pull shall be consistent in both length and weight of pull for the first shot and all subsequent shots.

Firing pin/Striker fired only.

There shall be no method of manually cocking the pistol other than by pressing the trigger.

If a trigger safety is present, it is preferred the safety match the contour of the trigger bow.

C.4.7.b Trigger Pull Weight6 / Class I & II

Trigger pull weight shall be no less than 4.5 lbs. nor exceed 6 lbs.

Pistol must fire with 6 lbs. of pressure and shall not fire with 4.25 lbs.

pressure.

Manually adjustable triggers are not permitted.

C.4.8 EXTERNAL SLIDE STOP LEVER

C.4.8.a The slide stop lever shall lock the slide to the rear position upon firing the last round in the magazine.

C.4.8.b It should be easily engaged by the shooter while maintaining positive control of the pistol.

C.4.8.c It should be easily disengaged by the shooter while maintaining positive control of the pistol.

C.4.8.d The slide stop lever should be designed such that it is unlikely a shooter will inadvertently engage or override the control during normal firing.

C.4.8.e The slide stop lever should be easily manipulated by both left and right handed shooters.

C.4.8.f Ambidextrous slide stop levers are permitted.

Contractors must offer a slide stop lever of two sizes (e.g., standard and extended).

6 Custom Gunsmithing, Inc., NRA Weight System will be used for this evaluation (available through Brownells at www.brownells.com, product number 67-650-000WB) http://www.brownells.com/

C.4.9 MANUAL EXTERNAL SAFETY

None allowed. Only safeties which are disengaged by the rearward movement of the trigger are allowed (i.e., passive).

C.4.10 DECOCKING LEVER

None allowed.

C.4.11 GRIP SAFETY

None allowed.

C.4.12 FIRING PIN/STRIKER DISCONNECTOR

The pistol shall have a mechanism which will prevent the pistol from firing out of battery and prevent firing pin/striker from being released while the trigger is held to the rear after firing.

C.4.13 FIRING PIN/STRIKER BLOCK

The pistol shall have a mechanism which will prevent firing pin/striker from moving forward without manipulation of the trigger.

C.4.14 SIGHTS

C.4.14.a Material shall be made of steel and capable of withstanding:

20,000 round endurance firing cycle.

One handed immediate action drills where the shooter will utilize the front edge of the rear sight by supporting it against the edge of a ballistic shield, holster, etc., and cycling the slide.

Shall be black and non-reflective.

C.4.14.b Characteristics

Front and rear sight must allow the shooter to acquire the proper sight alignment rapidly.

The proper alignment of the sights will be consistent with “equal height, equal light” sight alignment. The information line for the FBI is the top of the metallic sights.

Figure 2 below represents 25 yard point of aim/point of impact:

Low profile sights are preferred to reduce interference when holstering and drawing, specifically when utilizing a concealing garment.

Front sight shall be a single blade type which is capable of alignment within the rear sight notch and be of rectangle/square appearance to the shooter.

Rear sight shall have a square rear notch.

The front and rear sight shall remain securely in place during firing and other law enforcement related activities.

C.4.14.c Windage Adjustments

The rear sight shall be adjustable for windage within a dovetail or similar cut.

These adjustments will be made by the use of a sight adjustment tool specifically designed for sight adjustment (e.g., sight pusher).

The front sight may be adjustable for windage; however, it is preferred the front sight be fixed.

C.4.14.d Elevation Adjustments

Elevation adjustments may only be accomplished by removal and replacement of the rear sight for a different height.

Figure 2

A minimum of three different rear sight height options are required (e.g., standard, low and high).

The rear sight shall be marked with a number or symbol indicating its relative height.

Elevation adjustments accomplished by the removal and replacement of the front sight are not permitted.

C.4.14.e Range of Windage and Elevation Adjustments

Elevation and windage adjustments must allow for the range of sight adjustments to move the point of impact at least 3” radially from the point of aim using FBI service ammunition fired at a distance of 25 yards.

C.4.14.f Low-light Sights (a.k.a. Night Sights)

The front and rear sights shall be equipped with self-luminous capsules which allow the shooter to align the sights in low light conditions.

Night sights shall allow for a horizontal sight alignment of the three self-luminous capsules in a row.

The front sight shall contain one capsule and the rear sight shall contain two capsules which will align on the left and right of the front sight.

The night sights shall contain tritium or an equivalent self-luminous material all of the same color.

The self-luminous material shall appear green in color.

WARRANTY: The sights shall have a minimum service life of 10 years from date of receipt by the FBI.

WARRANTY: The sights shall be impervious to damage by commonly available gun cleaning solvents and lubricants.

The luminous portion of the sights shall not be visible from the muzzle end of the pistol.

The luminous portion of the sights may have a white color outline visible to the shooter.

The sights delivered on the pistols shall be Trijicon7, Bright and Tough NightTM Sights, or similar.

7 Trijicon Inc., 49385 Schafer Avenue, Wixom, Michigan (248) 960-7700

C.4.14.g High Visibility Sights

High visibility sights are required for Class I & II pistols.

It is preferred these sights be the Trijicon8 HD night sights (GL101O) or similar high visibility sights.

The high visibility sights may have a “U” notch in the rear sight.

C.4.14.h Sight Replacement

Front and rear sights shall be removable by FBI gunsmiths.

C.4.15 FRAME/RECEIVER

C.4.15.a Finger grooves on the frame are not permitted.

C.4.15.b The frame must have a non-slip surface on the area of hand contact for both right and left handed shooters.

C.4.15.c Frames which allow for different hand sizes are required. Regardless of how each Contractor accommodates different hand sizes they must be able to support at least 3 sizes commonly referred to as small, medium and large.

C.4.15.d Two acceptable methods of accommodating for different hand sizes are:

Multiple Frame Sizes Two alternate sizes must be available and supplied with each pistol.

Grip/Frame Inserts Two alternate sizes must be available and supplied with each pistol.

It is required the size of a frame or insert be marked on an exterior surface (e.g., “M” for medium, “L” large) for rapid identification without disassembly.

C.4.15.e The frame shall have a locking slot groove/rail to affix a tactical light.

Pistol locking slot grooves/rails generally fall into two categories: 0.150” or 0.206” wide nominally.

Although not required, it is preferred the locking slot groove be 0.206” wide (Picatinny width).

8 Ibid

C.4.16 SLIDE

C.4.16.a Grasping Grooves (i.e., slide serrations)

Grasping grooves are required on the rear grasping surface of the slide.

The rear grasping surface of the slide is the area located on the right and left side of the slide near the rearmost portion of the slide where readily accessible to the shooter.

It is permissible for a second set of grasping grooves to be located towards the muzzle of the pistol.

C.4.16.b Slide Resistance Force

A maximum of 21 pounds of force shall be necessary to manually move the slide from the forward locked position to the rear most limit of the slide movement.

Slide must fully cover the barrel (with the exception of the chamber portion of the barrel) allowing for no more than 0.25” of the muzzle to be exposed for both Class I & II pistols.

C.4.17 EXTERIOR FINISH

C.4.17.a All Class I & II pistol’s exposed parts shall be a matte black non-reflective finish.

C.4.17.b All exterior parts shall be devoid of gouges, sharp edges or rough areas which could snag on holsters, clothing or cause injury or discomfort to a shooter.

C.4.17.c The finish shall durable, rust resistant, and salt water corrosion resistant.

C.4.17.d Class I & Class II pistols (frame & slide)shall be available, as an option, in a tan color similar to Flat Dark Earth and a green color similar to Ranger Green.

C.4.17.e Inert training pistol shall be provided with red frame and matching red slide.

C.4.17.f The slide of the Man Marker training pistol shall be blue in color (blue inserts are acceptable) with the frame black or blue.

C.4.18 INTERNAL FINISH

C.4.18.a All internal surfaces shall be void of rough surfaces at critical points of movement and polished as necessary to provide minimal friction and wear to promote functional reliability.

C.4.18.b Internal parts finish shall be durable, rust resistant, and salt water corrosion resistant.

C.5 ARMORER COURSE

Provide armorer course (Basic and Advanced), for up to 25 participants, within 45 days of award at the FBI Academy in Quantico, Virginia; and each option year throughout the life of the contract.

C.6 GUNSMITH SPECIALTY TOOLS

Provide per 50 pistols purchased:

Weapon disassembly tool set (qty. 1);

Rear sight tool (qty. 1) Front sight tool, if different (qty. 1)

C.7 AUTHORIZED BUYERS

In addition to the FBI, the following U.S. Government entities may purchase pistols and/or parts under the contract:

United States Department of State, Bureau of Diplomatic Security United States Marshals Service Department of Alcohol, Tobacco, and Firearms United States Postal Service United States Treasury Department Drug Enforcement Agency United States Capitol Police United States Park Police United States Department of Energy Office of Inspector General (all Federal agencies) United States Department of Defense9

Periodic adjustments may be made to the authorized buyer list throughout the life of the contract. Authorization will be provided on a case by case basis and require advance written approval by the FBI Contracting Officer.

All orders shall be prioritized in the order they are received.

Emergency orders placed by the FBI, as identified by CO or COR, shall receive priority over all other orders under this contract.

9 DOD purchases require advanced written approval by COR.

C.8 REPORTS

Contractor shall provide a quarterly usage report to the Contracting Officer within ten (10) calendar days of the end of the quarter [Jan-Mar/Apr-Jun/Jul-Sep/Oct-Dec] during which pistol orders were received. Report shall include:

i. Contract Number

ii. Period of Performance (e.g., Base Year/Qtr1)

iii. List of individual delivery orders “ACCEPTED” during the quarter for each authorized buyer (include delivery order number & dollar value of order).

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.

iv. Total dollar value of all accepted orders during the quarter (combined quarterly figure).

v. Total dollar value of usage to date (current quarterly figure combined with previous quarters) under the contract.

C.9 QUALITY CONTROL PLAN

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

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

C.10 SECURITY AND ACCESS CONTROL

All required security forms and fingerprint cards will be provided to the Contractor by the COR, upon request. On-site visits require a minimum of 48 hours advance notice, unless an exigent circumstance exists which will require prior COR or Contracting Officer approval.

C.11 MEDIA STATEMENTS

All press statements and releases related to the contract shall receive advance written approval by the Contracting Officer.

SECTION D - PACKAGING AND MARKING

D.1 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 delivery order number on or adjacent to the exterior shipping label.

Contractor shall be capable of tracking pistols 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.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 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 QUALITY ASSURANCE

The Government shall monitor customer satisfaction by reviewing quarterly reports and tracking shipments. The satisfactory delivery of pistols and/or parts will be closely monitored and tracked by the COR, Defensive Systems Unit, at FBI Quantico. Items tracked include: timely delivery of supplies; accuracy of order; and condition of delivery upon receipt.

The Government will also periodically conduct random Quality Assurance (QA) testing of pistols and/or parts produced under this contract, to ensure items meet performance requirements for which the contract was awarded.

Pistols and/or parts which fail QA testing may be returned to the vendor, at no cost to the Government, and replaced with an equal amount of supplies. The Contractor will be notified by the COR, in writing, of the nature of the failure, defect, or deficiency.

Contractor shall take corrective action within 5 days of written notification of a contract non-conformance. Action shall include replacement of all defective, deficient, or suspect pistols and/or parts; and provide COR with written results of failure analysis and preventative measures to avoid repetitive non-conformances.

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 pistols and/or parts, this may constitute grounds for the initiation of termination proceedings.

E.3 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 requirements as outlined in Section C, and guarantees that the product will maintain a useful shelf life under reasonable storage conditions (both CONUS and OCONUS) for a period of ten (10) years from the date of purchase.

SECTION F – DELIVERIES AND PERFORMANCE

F.1 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 PERIOD OF PERFORMANCE

The anticipated period of performance of this contract shall be a twelve month base, to begin upon the date of award, with nine (9) potential one-year option periods.

F.3 DELIVERABLES/ REPORTS

Reference Section C.8 (Quarterly Usage Report) under the Statement of Work.

F.4 DELIVERY SCHEDULE

ALL DELIVERIES SHALL BE RECEIVED BY THE REQUESTOR NO LATER THAN 90 DAYS

AFTER RECEIPT OF ORDER BY THE CONTRACTOR.

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.

IF DELIVERY CAN NOT BE MADE WITHIN THIS TIME FRAME, THE CONTRACTOR

SHALL FORWARD NOTIFICATION WITH A DETAILED REASON FOR NON-SHIPMENT

TO THE REQUESTOR’s ATTENTION.

F.5 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 PLACE OF DELIVERY

The Contractor shall drop-ship pistols and/or parts to destinations identified on individual delivery orders in CONUS, Alaska, Hawaii, and Puerto Rico.

All deliveries shall be FOB Destination.

F.7 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) Pack and mark the shipment to comply with the contract specifications; or (i)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 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 CONTRACT ADMINISTRATION

A. 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 INVOICING REQUIREMENTS

A. Invoices shall be submitted within five (5) 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 SMALL BUSINESS ACCELERATED PAYMENT

Contractor must indicate its business size on each invoice to assist 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 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.

G.6 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 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 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 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 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 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

52.204-13 SYSTEM FOR AWARD MANAGEMENT JUL 2013

REQUIREMENT TO INFORM EMPLOYEES OF

52.212-4 CONTRACT TERMS & CONDITIONS – MAY 2015

COMMERCIAL ITEMS

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL DEC 2013

BUSINESS SUBCONTRACTORS

52.233-1 DISPUTES MAY 2014

52.242-13 BANKRUPTCY JUL 1995

52.253-1 COMPUTER GENERATED FORMS JAN 1991

I.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (MAY 2015)

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

2014)

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

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(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws

108-77 and 108-78 (19 U.S.C. 3805 note)).

(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:

[Contracting Officer check as appropriate.]

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41

U.S.C. 3509)).

__ (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.)

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

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

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L.

111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 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 (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

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

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__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)

(15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved]

__ (14)(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).

__ (15)(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.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C.

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

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (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 (Oct 2014) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

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