Q_A_0001.docx

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Active Shooter Protective Gear for Office of Justi
Solicitation number
140A1623Q0067
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Sol_140A1623Q0067_Amd_0001.pdf PDF
Attachment_2_Amendment_1_Pricing_140A1623Q0067_0001.xlsx XLSX spreadsheet
Attachment_1_Amendment_1_Minimum_Specifications_140A1623Q0067_0001.docx DOCX document
Attachment_2_Pricing_140A1623Q0067.xlsx XLSX spreadsheet
Attachment_1_Minimum_Specifications_140A1623Q0067.docx DOCX document
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Questions and Answers Solicitation 140A1623Q0067 Office of Justice Services Active Shooter Gear Blanket Purchase Agreement (BPA)

QUESTION
ANSWER
PREVAIL SERIES 10 X 12 NIJ 0101.06 CERTIFIED LEVEL IV HARD ARMOR PLATE MODEL 1155 FRONT is currently on the NIJ Suspended list. Whereas the plate is still able to be sold, your requirement calls for the spec to be NIJ 0101.6 Certified.
The Government has revised Attachment 1 - Minimum Specification and Attachment 2 - Pricing Sheet to reflect a model that is not currently suspended.
Are the helmets and carriers required to be Berry Compliant and/or manufactured in the USA or both for solicitation #140A1623Q0067?
The Berry Amendment, 10 U.S.C. 2533a, applies when using DoD appropriated funds. This requirement does not use DoD appropriated funds and therefore the Berry Amendment is not applicable.

The solicitation includes 52.225-1, Buy American-Supplies (Oct 2022) which states a preference for domestic end products; however, for offerors quoting Commercial-Off-The-Shelf (COTS) items, please note there is a waiver of the domestic content test of the Buy American statute for acquisitions of commercially available off-the-shelf (COTS) items in accordance with 41 U.S.C. 1907.

Do these items need to be Berry or TAA compliant?
The Berry Amendment, 10 U.S.C. 2533a, applies when using DoD appropriated funds. This requirement does not use DoD appropriated funds and therefore the Berry Amendment is not applicable.

FAR 52.225-5, Trade Agreements (Dec 2022), is not applicable since this action is set aside for small business (ISBEE set-aside). Please refer to FAR 25.401(a)(1).

Also, the solicitation includes 52.225-1, Buy American-Supplies (Oct 2022) which states a preference for domestic end products; however, for offerors quoting Commercial-Off-The-Shelf (COTS) items, please note there is a waiver of the domestic content test of the Buy American statute for acquisitions of commercially available off-the-shelf (COTS) items in accordance with 41 U.S.C. 1907.

File details come from the government source that posted it. Updated .