STEAL Contract RFP Final.pdf

DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION (FBI)

REQUEST FOR PROPOSAL

SHOP-PR-25-001071

Tactical Equipment Strategic Tactical Equipment Acquisition and Logistics (STEAL)

May 8, 2025

TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION A - SOLICITATION/ CONTRACT FORM

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 / FIVE (5) YEAR ESTIMATED CONTRACT COST

SECTION C - STATEMENT OF WORK

C.1 - GENERAL DESCRIPTION

C.2 - SCOPE

C.3 - GENERAL REQUIREMENTS

C.4 - QUALITY CONTROL PLAN

C.5 - AUTHORIZED BUYERS

C.6 - REPORTS

C.7 - SECURITY AND ACCESS CONTROL

C.8 - MEDIA STATEMENTS

SECTION D - PACKAGING AND MARKING

D.1 - PACKAGING AND MARKING

D.2 - PRESERVATION, PACKAGING, AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

E.1 - QUALITY ASSURANCE

E.2 - WARRANTIES

E.3 - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES AND PERFORMANCE

F.1 - PERIOD OF PERFORMANCE

F.2 - DELIVERY SCHEDULE

F.3 - NOTICE TO THE GOVERNMNENT OF DELAYS

F.4 - PLACE OF DELIVERY

F.5 - F.O.B. DESTINATION

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 - CONTRACTING OFFICER'S REPRESENTATIVE (COR)

G.2 - ORDERING

G.3 - ORDERING/ REQUEST FOR QUOTE PROCESS OVERVIEW

G.4 - INVOICING REQUIREMENTS

G.5 - SMALL BUSINESS ACCELERATED PAYMENT

G.6 - PAYMENT

G.7 - WITHHOLDING OF CONTRACT PAYMENTS

G.8 - DELIVERY REQUIREMENTS

G.9 - PERFORMANCE METRICS

G.10 - QUALITY REQUIREMENTS

G.11 - WARRANTY, RETURN, AND DISCREPANT ORDERS

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 - PURCHASING SYSTEM

H.2 - CUSTOMER SUPPORT

H.3 - INFORMATION TECHNOLOGY (IT)/ ORDER RECEIPT PROCESSING

H.4 - DISCLOSURE OF DATA UNDER FOIA

H.5 - GOVERNMENT RIGHTS IN DATA AND COPYRIGHTS

H.6 - ACCESS TO FBI LOCATIONS

H.7 - CONTRACTOR SUITABILITY REQUIREMENT

H.8 - DISRUPTION TO THE SCHEDULE

H.9 - HAZARDOUS MATERIAL AND TRANSPORTATION

H.10 - SOURCE RESTRICTION COMPLIANCE

H.11 - REPORTING REQUIREMENTS

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 - CLAUSES INCORPORATED BY REFERENCE

I.2 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

I.3 - BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS

I.4 - ORDERING

I.5 - ORDER LIMITATIONS

I.6 - INDEFINITE QUANTITY

I.7 - OPTION TO EXTEND THE TERM OF THE CONTRACT

I.8 - TYPE OF CONTRACT

I.9 - SERVICE OF PROTEST

I.10 - PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF JUSTICE

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

SECTION J - LIST OF ATTACHMENTS

ATTACHMENT #1 - PRICING EVALUATION LIST

ATTACHMENT #2 - PAST PERFORMANCE QUESTIONNAIRE

ATTACHMENT #3 - SF-33

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

K.1 - INFORMATION REGARDING RESPONSIBILITY MATTERS

K.2 - CERTIFICATION REGARDING TAX MATTERS

K.3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS

K.4 - PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION

GOALS - REPRESENTATION

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 - GENERAL INSTRUCTIONS FOR PREPARING PROPOSALS

L.2 - PROPOSAL PREPARATION INSTRUCTIONS: TECHNICAL PROPOSAL

L.3 - PROPOSAL PREPARATION INSTRUCTIONS: PRICE PROPOSAL

L.4 - PROPOSAL PREPARATION INSTRUCTIONS: OTHER

L.5 - 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 A – BLANK

Section A- Solicitation/ Contract Form

Section J Attachment 4

SECTION B – SUPPLIES OR SERVICES AND PRICES/COST

B.1 DESCRIPTION OF SUPPLIES

Under the policies and procedures prescribed in Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Products and Commercial Services, in conjunction with Part 15, Contracting by Negotiation, the Contractor(s) shall provide the equipment listed below.

B.1.1 Various types of tactical equipment and related incidental services may be provided under the contracts including: survival gear, tactical equipment, protective eyewear and vision enhancing equipment, escalation of force equipment, visit board search and seizure (VBSS), scuba gear, surface diving gear, thermal protection equipment, communication devices, compressors, hazardous material (HAZMAT), air purification devices, hyperbaric instrumentation, lifesaving equipment and other safety items.

B.2 TYPE OF CONTRACT

The Government intends to award multiple award Indefinite Delivery Indefinite Quantity (IDIQ) supply contracts with post-award competition of FFP delivery orders. The STEAL Contract will have a base ordering period of one (1) year, which may include a ramp-up or implementation period, if needed, after award. The contract will include a provision for unilateral options to extend the contract term by up to four (4) option periods of one (1) year each. This solicitation is total small business set-aside using North America Industry Classification (NAICS) code 423850, Service Establishment Equipment and Supplies Merchant Wholesalers.

B.3 CONTRACT AND ORDER LIMITATIONS

Delivery shall be made only as authorized by orders issued in accordance with the Ordering clause.

The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantities designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated as the “minimum,” hereby established as $1,000.00 for each awardee.

The Government shall not be required to purchase any additional quantities after the initial guaranteed minimum is met. The obligation of funds and specific quantities will be ordered through individual delivery orders or the Government Purchase Card Program.

The maximum threshold of all contracts will be $57,500,000.

The Government reserves the right to increase the value of this contract by 25% of the accepted awarded value with in-scope modifications.

B.4 PRICING/FIVE (5) YEAR ESTIMATED CONTRACT COST

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

[End of Section]

SECTION C - STATEMENT OF WORK

C.1 GENERAL DESCRIPTION

The FBI is the Federal Government’s principal agency responsible for investigating violations of more than 260 Federal statutes. In pursuit of their duties, FBI personnel may be involved in high threat assignments where they face a variety of situations and needs. A multiple-award IDIQ for a variety of items will expedite the acquisition of needed items.

C.2 SCOPE

C.2.1 The scope of work under the Strategic Tactical Equipment Acquisition and Logistics (STEAL) program includes the total logistics support for the tactical equipment requirements of the FBI to include FBI locations CONUS and OCONUS. The primary purpose of the STEAL program is to provide support to the FBI for all special operational equipment, supplies, and related incidental services necessary to perform their missions. Various types of tactical equipment and related incidental services may be provided under the contracts including but not limited to: survival gear, tactical equipment, protective eyewear and vision enhancing equipment, escalation of force equipment, visit board search and seizure (VBSS), scuba gear, surface diving gear, thermal protection equipment, communication devices, compressors, hazardous material (HAZMAT), air purification devices, hyperbaric instrumentation, lifesaving equipment and other safety items.

C.2.2 The equipment covered by the acquisition consists of commercial items and commercially modified items (commercial items requiring minor modification to fit FBI applications). In general, the scope includes tactical equipment and related supplies and incidental services, including but not limited to:

(1) Survival Gear and Equipment Kits

(2) Tactical Equipment

(3) Personal Protection Equipment

(4) Protective Eyewear and Vision Enhancing Equipment

(5) Escalation of Force Equipment

(6) Visit Board Search and Seizure (VBSS)

(7) Scuba Gear and Miscellaneous Diving Equipment

(8) Thermal Protection Equipment

(9) Surface Supplied Diving Equipment

(10) Communication Devices (such as walkie-talkies, two-way radios, etc.)

(11) Compressors and Air Purification Systems

(12) Hyperbaric Instrumentation & Equipment and Saturation Equipment

(13) Lifesaving/Search and Rescue Equipment

(14) Air Crew Support and Flight Deck Safety Items

(15) Underwater Tools

(16) Protective Gear, Miscellaneous Apparel, Clothing and Textiles

(17) Load Carrying Equipment (vests, backpack systems, trunk lockers, etc.)

(18) Lethality Support Items (slings, holsters, straps, fasteners, reflective belts, etc.)

(19) Mountain Climbing Equipment

C.2.3 Incidental services are standard commercial services that the contractor may be asked to perform in connection with supplying items under the scope of the contract. Such services engage the time and effort of the contractor to perform an identifiable task in addition to furnishing an end item supplied. Performing such services does not change the primary purpose of the contract from a supply to a service contract. What constitutes an incidental service is fact specific and will be a function of factors such as type of service, amount charged for the service, dollar amount charged for the supplies, existence of a close relationship between the service and the item supplied, and the time required to perform the service. Incidental services are usually requested at the same time the item of supply is ordered and will generally have a separate line item requesting the services.

Whether a service is “incidental” or not will be determined by the Contracting Officer (CO) prior to placing such order for the incidental service.

C.3 GENERAL REQUIREMENTS - PER FBI POLICY GUIDE: THE SELECTED ITEM(S) MUST MEET THE

BASIC REQUIREMENTS AS CONTAINED IN THIS DOCUMENT

C.3.1 All items must be, at a minimum, Trade Agreement Act (TAA) compliant, if applicable. See “Look up Trade Agreements Act-designated countries” on GSA.gov for a list of TAA compliant countries.

C.3.2 All products must be new.

C.3.3 Items must be Buy American Act compliant, if applicable.

C.4 QUALITY CONTROL PLAN

C.4.1 Contractor shall provide information on the Quality Control measures which apply to items sold under the contract. Any revisions to the Quality Control Plan shall be forwarded to the Contracting Officer’s Representative (COR) within five (5) calendar days of the effective date.

C.4.2 Items which fail any portion of Contractor’s Quality Control testing shall be rejected and not shipped.

C.5 AUTHORIZED BUYERS

C.5.1 The FBI will be the only authorized buyer of items from this contract.

C.5.2 All orders shall be prioritized in the order they are received.

C.6 REPORTS

C.6.1 Contractor shall provide monthly reports to the CO within ten (10) calendar days of the end of each month during which supplies were ordered. The report shall include:

a) Contract Number

b) Period of Performance (ex: Base Year/Qtr. 1)

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

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

d) Total dollar value of all accepted orders during the month (combined monthly figure).

e) Total dollar value of usage to date (current monthly figure combined with previous months) under the contract.

C.6.2 Information must be provided using Microsoft Excel.

C.6.3 If the monthly report is not provided within ten (10) calendar days of the end of month as required, a written explanation as to why the report is tardy shall be provided with the report.

C.6.4 See Section J Attachment 3 for monthly report

C.6.5 See Section J Attachment 3 for Shipping Report and delivery verification

C.7 SECURITY AND ACCESS CONTROL

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.8 MEDIA STATEMENTS

All press statements and releases related to the contract(s) shall receive advance written approval by the CO.

Failure to perform in accordance with the terms of the contract may be cause for termination in accordance with the Termination for Cause clause of the contract.

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

Packaging and marking for all items delivered under this contract 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.

D.2 PRESERVATION, PACKAGING, AND MARKING

D.9.1 Unless otherwise specified, preservation, packaging, and packing shall be to a degree of protection to preclude damage to containers and/or the contents thereof under normal shipping conditions and handling which conform to normal commercial practices, and applicable carrier regulations involving shipment from the contractor to the receiving location. Commercial markings that do not interfere with the positioning of required markings on containers do not need to be removed.

D.9.2 Material requiring specialized packaging and marking shall be appropriately packaged and marked in accordance with industry standards. H.9.3 Effective June 1, 2015, Federal Standard No.

313-E, Material Safety Data, Transportation Data and Disposal Data for Hazardous Materials Furnished to Government Activities, establishes the requirement for preparation and submission of Safety Data Sheets (SDS) in lieu of Material Safety Data Sheets (MSDS) by suppliers who provide hazardous materials to government activities. The Occupational Safety and Health Administration (OSHA) has modified its Hazard Communication Standard (HCS) to conform to the United Nations Globally Harmonized System of Classification and Labeling of Chemicals. As a result of this change, GSA revised Federal Standard No. 313-E requiring Safety Data Sheets for classifying chemicals and communicating the applicable information on labels. Upon receipt of applicable items, vendors will be required to obtain safety data sheets consistent with the requirements found at 29 C.F.R.

1910.1200 for hazardous materials delivered to the Government. STEAL Vendors will also be required to obtain Hazardous Communication Standard (HCS) labels in accordance with 29 C.F.R. 1910.1200 requirements or current Consumer Product Safety Act (CPSA), Federal Hazardous Substance Act (FHSA) labels when subject to labeling requirements under those statutes. This product labeling is required for hazardous materials delivered to the Government. The contractor will also be responsible for maintaining all SDS and HCS labels received from suppliers on file. The contractor will furnish copies of all applicable SDS for the authorized customers upon initial delivery of covered items. The contractor shall also assure that all hazardous material is correctly labeled. The contractor will furnish copies of all SDS and HCS labels obtained to the Contracting Officer upon request.

For more information on SDS, refer to OSHAs website, available at:

https://www.osha.gov/law-regs.html

For information on 29 C.F.R. 1910.1200, refer to the below link:

https://www.osha.gov/dsg/hazcom/index.html

D.9.3 A packing list/slip shall be enclosed with each shipped order, containing the following information, as a minimum: STEAL Contractor's name, delivery order number, job order number (if necessary), document number, delivery site, date of order, itemized list of supplies included in the shipment, quantity ordered, quantity shipped, burdened unit price and any special instruction shall be enclosed with each shipped order. The line-item number(s) used in the order and confirmation will be duplicated on the packing slip. The prices shown on the packing list/slip must be identical to https://www.osha.gov/law-regs.html https://www.osha.gov/dsg/hazcom/index.html the order price.

D.9.4 The STEAL Contractor must be able to provide fully traceable certifications or proof of delivery documentation for each shipment.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 QUALITY ASSURANCE

E.1.1 The Contractor shall ensure that all products tendered meet the appropriate recognized industry standards regarding inspection, testing, marking and general quality. Additionally, contractors shall ensure that all products delivered to authorized customers comply with the product descriptions and specifications as requested by the customer. Contractors shall ensure adequate quality control procedures are implemented to ensure customer requirements are filled accurately and that high quality material is provided in accordance with the specified order requirements. At minimum, this must include the kind, count, and condition of the material provided.

E.2 WARRANTIES

E.2.1 In addition to the warranties contained in FAR 52.212-4(o), STEAL contractors must provide at least the same warranty terms, including offers of extended warranties, offered to the general public in customary commercial practice for the items acquired under the contract.

E.2.2 Material return and replacement policy shall be in accordance with the following:

(1) The Contractor will accept returns and, if the authorized customer still requires the product(s), replace the product(s) under the following conditions:

(a) Incorrect products were shipped;

(b) Products were damaged in shipment;

(c) Products arrived with concealed shipping damages;

(d) Products which are recalled, regardless of level of recall, except when the manufacturer's policy states otherwise, in which case the manufacturer's disposition instructions will be followed;

(e) Other returns consistent with the Contractor's normal return policy to include return of excess material ordered by the customer based on a project estimate.

(2) The Contractor shall provide disposition instructions to the customer within 15 days of notification of receipt of discrepant goods; after 15 days of notification the customer may return the discrepant material to the contractor's address at the contractor's risk and expense, regardless of whether the contractor has furnished disposition instructions. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the contractor.

(3) If the ordering activity/customer does not need replacement of the returned products the contractor shall notify the ordering Contracting Officer then will process a reimbursement action against the contractor for the prompt return of any expended dollars back to the Government.

E.3 INSPECTION AND ACCEPTANCE

The point of inspection and acceptance for items supplied under any resulting contract(s) shall be Destination (defined as customer's CONUS location, customer's OCONUS location, or a CONUS Consolidation Point where applicable). The Government, however, has the right to inspect and test supplies called for by the contract, to the extent practicable, at all places, times, including the place of manufacture, both before and after acceptance.

SECTION F – DELIVERIES AND PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The anticipated period of performance shall be a twelve (12) month base period, to begin on the date of award, with four (4) possible one-year option periods.

F.2 DELIVERY SCHEDULE

F.2.1 Contractor shall deliver products within 90 days after receipt of order, if possible. Accurate delivery timetables should be noted when delivery orders are competed. In the event of a delay, see F.3.

F.3 NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting delivery schedules or completion dates, or if the Contractor has knowledge of a situation that may delay the timely performance of this contract, the Contractor shall notify the CO and COR in writing within five (5) business days.

Contractor shall provide the COR with (1) a detailed justification for the delay and (2) a realistic time for delivery.

F.4 PLACE OF DELIVERY

F.4.1 Delivery of the products shall be “FOB Destination.”

F.4.2 Products shall be shipped to all FBI locations CONUS and OCONUS. Shipping address will be noted at the time of order.

F.5 F.O.B. DESTINATION (52.247-34) (JAN 1991)

(a) The term "F.O.B. destination," as used in this clause, means--

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

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

(b) The Contractor shall;

(1) Pack and mark the shipment to comply with contract specifications; or in the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

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

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

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

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

(End of Clause)

SECTION G – CONTRACT ADMINISTRATION

G.1 JAR 2852.201-70 CONTRACTING OFFICER’S REPRESENTATIVE

(COR) (NOV 2020)

A. Mr./Ms. (Name) of (Organization), (Address), (Area Code & Telephone No.,), is hereby designated to act as Contracting Officer’s Representative (COR) under (contract #), for the period of (specify the performance period of the contract that the designation covers).

B. The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided in accordance with the terms and conditions of this contract; Clarifying, directing, or redirecting the contract effort, including shifting work between work areas and locations, filling in details, or otherwise serving to accomplish the contractual statement of work to ensure the work is accomplished satisfactorily; evaluating performance of the contractor; and, certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

C. The COR does not have the authority to issue direction that: constitutes a change of assignment or work outside the contract specification/work statement/scope of work.

Constitutes a change as defined in the clause entitled “Changes” or other similar contract term. (iii) Causes, in any manner, an increase or decrease in the contract price or the time required for contract performance; Causes, in any manner, any change in a term, condition, or specification or the work statement/scope of work of the contract; Causes, in any manner, any change or commitment that affects price, quality, quantity, delivery, or other term or condition of the contract or that, in any way, directs the contractor or its subcontractors to operate in conflict with the contract terms and conditions; Interferes with the contractor's right to perform under the terms and conditions of the contract;

Directs, supervises, or otherwise controls the actions of the Contractor's employees or a Subcontractor's employees.

(End of clause)

G.2 ORDERING

In accordance with FAR 16.506(a), Ordering, and the clause at FAR 52.216-18, Ordering, any supplies, and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule.

G.2.1 Requirements will be reviewed to ensure compliance with the scope of the contract(s). If a requirement is determined to be outside the scope of the contract(s), it will be rejected by the CO then an alternate means of satisfying the customers' requirement will be reviewed and provided as appropriate.

G.2.2 All requests for items will be reviewed for scope compliance by a designated representative of the National Acquisition Programs Unit (NAPU). An item must be approved by NAPU prior to requesting a contractor's pricing and delivery terms for an order. The determination by NAPU as to whether an item is in scope shall be considered final and cannot be appealed by any STEAL contractor.

G.2.3 Generally, the items procured are commercial products or modified commercial products that are identified by a manufacturer's part number or by commercial item descriptions. All items shall conform to the manufacturer's commercial specifications.

G.2.4 A price evaluation list (PEL) was identified. The PEL is considered a representative sample of the types of items that may be required by the FBI throughout the duration of the contract. The list illustrates the types of supplies that have been provided under the previous contracts, which the STEAL contractor will be required to furnish under the resultant contracts. The prices for the PEL and

Acceptable Alternates will be Ceiling Prices after contract award. It is the maximum unit price that the Government will pay during the base year and each applicable option year for items on the PEL.

During the post-award competition of delivery orders, the contractor may not submit a quote for a PEL item or Acceptable Alternate with a price that exceeds the applicable contractual Ceiling Price.

Contractors are encouraged, when competing for delivery orders, to provide a quote less than their ceiling price.

a. Superseded Part Number Items: If an item on the PEL is superseded during the contract term, the Contractor shall advise the Contracting Officer. If there is no change to the parts form, fit, function, configuration, application, or physical nature and is therefore an exact item of replacement, PEL pricing will remain applicable. If there is a change such that it is not an exact item replacement, the Contractor shall include complete information from the manufacturer concerning the replacement item as it relates to the form, fit, and function, configuration, application, or physical nature of the superseded item. The Contracting Officer will make the determination whether the superseded item represents a “new” item. If the determination by the Contracting Officer is that the superseded item is NOT an exact item of replacement, PEL pricing will not be applicable.

b. End of Life (EOL): If an item on the PEL has been classified as EOL by the manufacturer, the Contractor shall provide supporting documentation to the Contracting Officer. PEL pricing will not be applicable after the last production date.

G.2.5 Acceptable alternate items will be permitted under the resultant contract(s) when an item is identified by a manufacturer's brand name or part number unless the Government expressly states that an alternate is not permitted. To be acceptable the alternate must be equal to the requested item and approved by NAPU. For more information regarding submission of alternate items for evaluation, please see the “Ordering/Request for Quote Process Overview” section (G.3).

G.2.6 Additional tactical equipment and related supplies and incidental services, which were not identified on the PEL (Section J, Attachment 1) provided with the solicitation but are subsequently determined to be required by the authorized customers, may be added to the resultant STEAL:

a. NAPU will conduct a review of all customer requests to identify new/replacement items to be added to the STEAL contract and the Contracting Officer will make a scope determination for each item requested.

b. Once an item is approved for scope, a Request for Information (RFI) and/or Request for Quote (RFQ) will be sent to all STEAL contractors. STEAL contractors will price requested items and/or provide the required information on any alternate items to be considered for award.

c. NAPU will evaluate the pricing submitted by each Steal Contractor in order to determine prices fair & reasonable and will add the items to the tactical equipment catalog of historical prices.

d. Based on the instructions provided with the RFI and/or RFQ, the items added to the catalog of historical prices may also be added as a ceiling price and will serve as the ceiling price for the applicable period (base period and/or each respective option year period). Ceiling prices cannot be exceeded on future requirements during the applicable period (base period and/or each respective option year period).

G.3 ORDERING/ REQUEST FOR QUOTE PROCESS OVERVIEW

Competition process for all delivery orders

G.3.1 All orders over the micro-purchase threshold will be competed among all awardees pursuant to the fair opportunity requirements of FAR 16.505(b), except the Government reserves the right to direct orders to a particular source under urgent circumstances, to meet contractual minimums, or to provide economy and efficiency as a logical follow-on to an order already issued in accordance with FAR 16.505(b)(2).

Note: Orders under the micro-purchase threshold may be competed among all awardees. Orders under the micro-purchase threshold may also be auto-awarded based on historical pricing obtained from previously competed delivery orders, or based on the pricing submitted on the PEL and incorporated into the Contract upon award.

G.3.2 Approved customer Order Requests are loaded into a standardized RFQ spreadsheet and forwarded (via email) to all Contractors.

G.3.3 When an RFQ describes the Government's requirements for an item peculiar to one manufacturer (e.g., a particular brand-name, product, or a feature of a product that is peculiar to one manufacturer), offers of alternate items will be considered by the Government unless the RFQ expressly states that only the item peculiar to one manufacturer will be considered. A contractor proposing an alternate item shall furnish with its offer legible copies of all drawings, specifications, or other data necessary to clearly describe the characteristics and features of the alternate product being offered. Data submitted shall cover design, materials, performance, function, interchangeability, inspection and/or testing criteria, and other characteristics of the offered product. In addition, the offeror shall furnish drawings and other data covering the design, materials, etc. of the exact product cited in the RFQ along with a cross reference list comparing the features and capabilities of the alternate item offered to the exact item listed on the RFQ sufficient to enable the Government to determine whether the offeror's product is equal to the product cited in the RFQ.

Failure to provide a complete technical data package sufficient to establish that the alternate item is an acceptable substitute to the item requested shall be grounds to exclude the alternate item from consideration.

In the event that an offer for an alternate item is received in accordance with the terms of the contract, the Government will review the alternate item for acceptability. If the Government determines that the alternate item offered will meet its requirements, the Government may award based on the alternate item in lieu of the item originally requested, without further negotiations or amendments to the RFQ, if the alternate item offers the best value to the government based on the criteria stated in the relevant RFQ. If the Government determines that the alternate item will not meet its requirements, the Government will document why the alternate items fails to meet the Government's needs and award the original items requested, or an otherwise acceptable alternate item, in accordance with the terms of the source selection process stated in the individual RFQ. In the event that an RFQ describes the Government's requirements for an item peculiar to one manufacturer, and expressly states that only that item will be considered, the Government will follow the procedures contained in FAR 16.505 concerning the justification, documentation and approval for an item peculiar to one manufacturer.

G.3.4 All STEAL Contractors shall fill out the following information in identified spreadsheet fields:

• Vendor Unit Price

• Purchase Unit Price

• Purchase Extended Price

• Lead Time

• Country of Origin

• Comments (Include, at minimum, manufacturer's part number)

• Buy American Compliant

• Trade Agreement Act Compliant

• Restricted Sourcing (Domestic, Qualifying, or Designated Country) Compliant

• Country of Origin

• Country of Manufacture

• Alternate NSN (applicable only when alternate item is offered)

• Alternate Manufacturer Name (applicable only when alternate item is offered)

• Alternate Manufacturer Part Number (applicable only when alternate item is offered)

• Alternate Item Description (applicable only when alternate item is offered)

• Alternate Contractor Part Number (applicable only when alternate item is offered)

G.3.5 The STEAL Contractors send (via email) the completed RFQ files to their STEAL contact.

G.3.6 Performance Metric - Quote Rate: All awardees (STEAL Contractors) will be evaluated on Contractor Competitiveness and Participation, which includes statistics on how often a contractor submits a winning quote as well as how often a contractor submits a no-bid/quote or does not respond to the Delivery Order RFQs at all.

1) STEAL Contractors must submit quotes on 90% of the Delivery Order RFQs.

2) STEAL Contractors must submit priced quotes on all RFQs for items on the PEL where they have offered a Ceiling Price and the Ceiling Price was determined fair and reasonable and accepted by the Government.

3) The STEAL Contractors shall have adequate personnel to respond to Delivery Order RFQs with the ability to expand in response to increased sales volume.

4) The Government reserves all rights and remedies provided under the contract in the event the contractor/vendor fails to meet this material requirement.

G.3.7 The date and time for receipt of quotes will be specified on each RFQ and generally will be within three (3) business days; however, Contractors may be required to provide quotes within hours to one (1) business day for urgent or high priority requirements. All Contractor RFQs that are received by the required date/time will be evaluated.

G.3.8 The Contracting Officer reviews the returned quotes and selects the awardee based upon a best value trade-off determination as specified in the Request for Quote (RFQ). The Best Value determination could be based on Trade-off procedures or Lowest Price Technically Acceptable procedures. The award decision factors may include price, delivery and past performance; however, other factors may be included as well. An award may be made on a line-by-line basis or total order basis. As stated above, each RFQ will clearly state the basis for award and how the offers will be evaluated.

BG.3.9 Should the STEAL Contractor have questions regarding a particular item, the Contractor may contact the NAPU point of contact for clarification.

G.3.10 For items on the PEL and items added with ceiling prices post-award, NAPU will verify that prices do not exceed the ceiling prices.

G.4 INVOICING REQUIREMENTS

Invoices shall be submitted electronically to Invoice Processing Platform (IPP.gov).

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 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 CO or Agency Point of Contact under the contract. All follow-up invoices (i.e., revised, resubmitted) shall be marked "REVISED".

G.5 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 09/14/2011. The Prompt Payment Act still applies to this action; however, the agency will make best efforts to pay proper invoices within 15 days.

G.6 PAYMENT

Payment will be made by the FBI’s Transfer and Payment Services Unit in accordance with the Prompt Payment Act upon CO/COR certification of receipt of supplies.

G.7 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.8 DELIVERY REQUIREMENTS

Specific Delivery Requirements shall be specified in each delivery order RFQ based on the customer requirements. For urgent orders and emergency orders, the shipping containers shall be marked accordingly to indicate that it is an emergency delivery or urgent delivery. The contractor shall provide each customer with the telephone number and email of the contractor's representative responsible for providing this service. The contractor may be required to provide numerous urgent/emergency orders per month. The item unit price for urgent and emergency orders will be the same as routine/non-emergency orders.

G.9 PERFORMANCE METRICS - FILL RATE AND ON-TIME DELIVERY

G.9.1 The STEAL Contractor must maintain a minimum of 95% line item fill rate (quantity delivered versus quantity ordered for a particular line item). Quantity Fill Rate shall be calculated as follows:

Quantity Delivered/ Quantity Ordered

G.9.2 The STEAL Contractor must maintain a minimum 90% on-time delivery fill rate (quantity delivered on-time versus quantity delivered). Delivery Fill Rate shall be calculated as follows:

Quantity Delivered On Time/ Quantity Delivered

G.9.3 An order is considered to be filled when the STEAL Contractor has delivered to the customer delivery point all material requested in the order in the timeframe required.

G.9.4 For orders that cannot be filled in total, the contractor shall notify the STEAL Contracting Officer via email of any partial delivery, manufacturer backordered item, substitute material available, alternate delivery schedule, etc. NAPU will contact the authorized customer to obtain approval on all deviations to the order. The contractor may not substitute another item, different brand, or generic product for the specified product without NAPU permission. Material substitutions must be approved in writing prior to shipping. The written approval must be maintained by the Contractor for at least one (1) year. If NAPU/authorized customer does not approve the deviation, the order shall be cancelled and recompeted.

G.9.5 The Contractor shall establish and maintain procedures to ensure that there are controls over subcontracting, including oversight and surveillance of subcontracted effort, to ensure the right quantities and on-time delivery. Failure to meet these requirements shall subject a contractor/vendor to corrective and/or remedial action under the contract. The Government also reserves all rights and remedies provided under the contract in the event the contractor/vendor fails to meet these material requirements.

G.10 QUALITY REQUIREMENTS

The STEAL Contractor shall ensure that all products tendered meet the appropriate recognized industry standards regarding inspection, testing, marking and general quality. Additionally, contractors shall ensure that all products delivered to authorized customers comply with the product descriptions and specifications as requested by the customer. Contractors shall ensure adequate quality control procedures are implemented to ensure customer requirements are filled accurately and that high quality material is provided in accordance with the specified order requirements. At minimum, this must include the kind, count, and condition of the material provided.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 PURCHASING SYSTEM

a. The contractor is required to have a purchasing system to support this requirement. “Purchasing system” means the Contractor's system or systems for purchasing and subcontracting, including the selection of vendors, analysis of quoted prices, negotiation of prices with vendors, and placing and administering of orders.

b. The Contractor's purchasing system shall include the following:

(1) Provide for an organizational and administrative structure that ensures effective and efficient procurement of required quality materials.

(2) Perform internal audits and management reviews, training, and maintain policies and procedures for the purchasing department to ensure the integrity of the purchasing system.

(3) Have business alliances and contractual relationships that will ensure the ability to provide the scope of products listed in the Statement of Work. Establish and maintain selection processes to ensure the most responsive and responsible sources for furnishing required quality parts and materials.

(4) Promote competitive sourcing among dependable suppliers so that purchases are reasonably priced and from sources that meet contractor quality requirements.

(5) Establish and maintain procedures to ensure documentation of vendor selected and performance of adequate price analysis on purchasing actions.

(6) Have policies and procedures to assure purchase orders and subcontracts contain all flow down clauses, including terms and conditions required by the prime contract, as well as any clauses needed to carry out the requirements of the prime contract and ensures that proper types of subcontracts are selected.

c. Discounts and Rebates: It is anticipated that each STEAL Contractor shall be as aggressive as possible in pursuing all discounts and rebates. STEAL Contractors shall guarantee that NAPU and its customers will receive discounts and rebates equal to or better than the offerors most favored commercial customers with similar sales.

d. Limitations on Pass-Through-Charges: The contractor shall not be entitled to payment for excessive pass-through charges and shall exclude excessive pass-through charges in the contract price and in any invoices submitted. Excessive pass-through charges are charges resulting from or attributable to the contractor's or its' subcontractors' effort when that effort did not add substantive value to the work performed under the contract. The Contracting Officer shall determine if excessive pass-through charges exist. The Contractor has the burden of establishing, to the Contracting Officer's satisfaction, the value it or its subcontractors at any tier added to the work performed under the contract. In the event that the government discovers potential excessive pass-through charges, the government may require the contractor to submit invoices and other documentation from all tiers to substantiate the value added at each tier; the contractor's failure to provide acceptable documentation substantiating value added is sufficient, without more, to establish that excessive pass-through charges exist. If the Contracting Officer determines that excessive pass-through charges exist, the Government shall be entitled to a prospective price reduction and a retroactive refund for the amount of excessive passthrough charges included in the contract price. The Contracting Officer, or authorized representative, shall have the right to examine and audit all the Contractor's records (as defined at FAR 52.215-2(a)) relevant to the existence of excessive pass-through charges; failure to exercise this right shall not constitute a defense to a determination of excessive pass-through charges or the Government's assertion of remedies.

H.2 CUSTOMER SUPPORT

STEAL Contractors must have dedicated personnel assigned to the day-to-day management of the STEAL Program.

a. Customer Support: Customer support must be made available to NAPU and authorized customers under this Program. Adequate customer support includes procedures to address order tracking and problem resolution for any service or quality issues, quantity discrepancies, and warranty disputes. STEAL Contractors must have customer support representatives available daily from the hours of 8:00 AM to 5:00 PM EST time, Monday through Friday (excludes Federal Holidays) to provide support via telephone and/or email correspondence. STEAL Contractors must provide NAPU and authorized customers with a toll-free phone number and an email address in order to contact the customer support representatives.

b. Technical Support: STEAL Contractors must have “technical experts” available to promptly provide technical support and assistance for each item offered to NAPU and authorized customers under this Program. The “technical experts” must have at a minimum, three (3) years of experience. STEAL Contractors must have technical support representatives available Monday through Friday between the hours of 8:00 AM and 5:00 PM EST time to provide technical support by telephone or email correspondence. A toll free phone number must be provided to NAPU and authorized customers in order to access “technical experts” for support. In addition, STEAL Contractors must provide NAPU and authorized customers with an email address in order to contact the “technical experts.” Technical support may be required on a pre-order and/or post-order basis. Technical support may include but is not limited to providing advice and information regarding the proper use and ordering of tactical equipment items. STEAL Contractors shall respond to all technical support inquiries within 24 hours of receipt of inquiry.

c. Customer Visits: STEAL Contractors must have representative(s) available for customer visits when required. All customer visits must be coordinated through NAPU and shall be authorized only when the customer specifically requests a visit. Visits are at no cost to the Government.

H.3 INFORMATION TECHNOLOGY (IT)/ ORDER RECEIPT PROCESSING

For purposes of this Program STEAL Contractors must, at a minimum, be able to provide the following after award:

(a) Email capabilities for the receipt of “requests for quotes” for STEAL items forwarded by NAPU to each contractor.

(b) Capabilities to transmit customer order information to NAPU and for invoicing IPP.

(c) Additional transactions may be required as the contract evolves.

(d) An email address accessible by multiple employees for ease of contact.

H.4 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 FOIA exceptions. In making this determination the procedures outlined in 28 CFR 16.7 shall be followed which, in part, affords the submitter of a proposal an opportunity to object to disclosure.

H.5 GOVERNMENT RIGHTS IN DATA AND COPYRIGHTS

The Government shall have unlimited rights, as delineated in FAR 52.227-17, Rights in Data-Special Works, 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.6 ACCESS TO FEDERAL BUREAU OF INVESTIGATION (FBI) LOCATIONS

Performance under this contract may require access to FBI locations to provide some service,…