Question-Answer.pdf

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Ballistic Shields
Solicitation number
2023H2-26-Q-5000228728
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This is a Question and Answer document for RFQ 2023H2-26-Q-5000228728, a Total Small Business Set-Aside for ballistic rifle-rated shields for the IRS Criminal Investigation (IRS-CI) division.

Product Requirements and Specifications: Quoters must provide NIJ Standard 0108.01 Level III (not Level IIIA) rifle-rated ballistic shields with a minimum coverage area of 500 square inches calculated using nominal exterior dimensions including weapon cutouts and viewport. Shields must weigh under 20 pounds in complete configuration, including viewport, handle, mounting hardware, LED light, batteries, and pressure pad. The wireless LED light must produce a minimum of 5,000 lumens with constant on/off and strobe features, plus a 15-lumen green light for low-light operations, and must be removable via tool-free stainless steel posts with retractable ball bearings. A tri-grip handle with three individual forearm straps must be included as standard on every delivered shield. Ballistic testing must conform to NIJ 0108.01 V0 standards against four threat rounds (7.62x51 M80, 7.62x39 PS Ball, 5.56x45 M193, and 5.56x45 Federal Tactical Bonded) at specified velocities, with five shots per threat on the shield body at zero degrees plus one shot on viewport, one on bolt, and one on body at 30-degree obliquity. Viewports require direct-angle testing only, while shield bodies require 30-percent obliquity testing by ISO/IEC 17025-accredited laboratories. Bolts and washers must have independent test results demonstrating ballistic performance on the specific shield design.

Manufacturing, Quality, and Business Requirements: Manufacturers must hold AS9100 certification at the facility where shields are produced; a current certificate identifying facility address and certification scope is sufficient. All 60 shields must be delivered within 60 calendar days with lot testing provided for orders of 20 or more shields (testing should include independent data from shields manufactured contemporaneously with the delivery lot). The manufacturer must maintain General Liability insurance with $1M each occurrence/$2M aggregate primary limits, $10M each occurrence/$10M aggregate umbrella coverage, and $7M each occurrence/$15M aggregate domestic excess liability. This is a Total Small Business Set-Aside subject to FAR 52.219-33 Nonmanufacturer Rule; unless an applicable SBA waiver applies, nonmanufacturers must provide end items manufactured by a small business in the United States. Buy American requirements apply; the Trade Agreements Act and Berry Amendment do not. Independent test reports must accompany initial quotations. Quoters may propose different fixed unit prices for the base period and four option periods, each separately priced and binding if exercised, with a signed SF 1449 submitted electronically with the quotation.

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Question/Answer

We are preparing a quotation in response to RFQ 2023H2-26-Q-5000228728 for IRS-CI ballistic shields. To ensure that our proposed configuration and supporting documentation fully address the Government’s requirements, we respectfully request clarification on the following items.

1. Ballistic protection level

Section II describes the requirement as “ballistic rifle rated shields,” while Salient Characteristic 1 specifies NIJ Standard 0108.01 Level IIIA protection. Level IIIA is generally associated with handgun threats rather than rifle threats.

Please confirm whether:

• NIJ 0108.01 Level IIIA is the minimum and controlling ballistic requirement; or

• The Government requires a rifle-rated Level III, Level III+, or comparable shield.

The shields are required to be Rifle Rated – Level III, not level IIIA

If rifle protection is required, please identify the applicable threat rounds, velocities, number of impacts, and testing standard.

Testing standard – NIJ 0108.01 – Ballistic Resistance – V0 – 5 shots per threat on body of shield at 0 degrees + 1 shot on Viewport, 1 shot on bolt and 1 shot on body at 30 degree obliquity o 7.62 x 51 149gr M80 – 2780 ft/s (+/- 30ft/s) o 7.62 x 39 123gr PS Ball – 2400 ft/s (+/- 30ft/s) o 5.56 x 45 55gr M193 – 3250 ft/s (+/- 50ft/s) o 5.56 x 45 62gr Federal Tactical Bonded – 3000 ft/s (+/- 50ft/s)

2. Coverage-area calculation

The solicitation requires a minimum coverage area of 500 square inches. Should this be calculated using the shield’s nominal exterior dimensions, or must the manufacturer document the net ballistic coverage after excluding the viewport, weapon cutouts, and other openings?

This is the shields Nominal exterior dimensions, including the weapons cutouts and viewport.

3. Configured weight

The required weight is stated as under 20 pounds. Please confirm that the weight limitation applies to the complete delivered configuration, including the viewport, light, handle system, straps, batteries, mounting hardware, decals, and any other required accessories.

Complete weight - including Viewport, Handle, Mounting hardware, LED Light and any batteries/pressure pad

4. Wireless and removable light

Please clarify whether “wireless light” means a cord-free, battery-powered light without an external battery pack or exposed wiring.

Please also clarify whether “can be removed” requires:

• Tool-free removal by the operator;

• Removal using ordinary hand tools; or

• A replaceable light module that may remain attached during normal use.

Are there minimum lumen output, runtime, strobe, water-resistance, or impact-resistance requirements?

Light must be attached to the shield and have a wireless function to turn on/off the shield from a pressure pad mounted to the shield handle on the rear of the shield. Light must also have additional fob switch to be use independent of the shield user. No wires or cords can be ran through or around the shield.

The light must be able to removed or attached from a permanently fixed base plate without the use of any tool. Light fixture will be attached and be removed via stainless steel posts with retractable ball bearings, when engaged by buttons on the light fixture.

Light must be a minimum of 5,000 lumens, have a constant on/off and strobe feature.

Wireless light must also have a 15 lumen green light feature for low light operations.

5. Tri-grip handle and forearm straps

Salient Characteristic 8 states that a tri-grip handle and forearm straps must be “available.” Please confirm whether both features must be included on every delivered shield and incorporated into the quoted unit price.

Both a tri-grip handle with 3 individual forearm straps must be included in every delivery.

6. AS9100 certification

Please confirm that the AS9100 certification must apply to the physical location where the proposed shields are manufactured.

Confirmed, Will a current AS9100 certificate identifying the facility address and certification scope be sufficient, or does the Government require additional evidence demonstrating that the offered shield is manufactured within that certified scope?

A AS9100 certificate identifying the facility address and certification scope will be sufficient

7. Lot-testing requirement

Please define “lot” for purposes of the requirement that every lot of shields be tested before shipment.

Please also confirm whether the quotation must include:

• The manufacturer’s lot-testing procedure;

• Representative prior lot-test reports;

• A signed manufacturer certification; or

• A commitment to provide the test report for the Government’s production lot before shipment.

Delivery orders should include manufactures lot test procure, providing NIJ 0108.01 Ballistic resistance -V0 testing of required rounds. Delivery orders of 20 shields or more require lot testing to be provided.

8. Bolts and washers

The solicitation states that all bolts and washers must be ballistically tested. Does this require testing of the installed shield assembly at the bolt and washer locations, or separate ballistic testing of each fastener design?

Offer must be able to provide independent test results where bolts and washers have been tested on this specific shield to threats listed above.

9. Would a boltless shield design be acceptable if it otherwise meets or exceeds the Government’s ballistic and functional requirements?

This would be a decision of the IRS

10. Direct and oblique testing

Please identify the required obliquity angle or angles, test methodology, ammunition, impact velocities, shot spacing, and required shot locations.

Please also confirm whether the supporting report must specifically document impacts:

• On the viewport;

• At the viewport-to-shield interface;

• On or adjacent to fasteners;

• Along the shield perimeter; and

• At both direct and oblique angles.

Must this testing have been performed by an ISO/IEC 17025-accredited independent laboratory?

Shield body should be tested to 30 percent obliquity. Testing must be performed by a ISO/IEC 17025-accredited independent laboratory

11. Manufacturer liability insurance

Please confirm whether the required $20 million manufacturer liability insurance is:

• Per occurrence;

• Aggregate;

• Combined primary and excess/umbrella coverage; or

• Another specified limit structure.

Should the policy specifically provide product-liability or completed-operations coverage for ballistic protective equipment?

Please also confirm whether the certificate of insurance must accompany the quotation or may be provided before award. If the Quoter is an authorized reseller, is evidence of the manufacturer’s coverage sufficient, or must the Quoter maintain the same limit?

The manufacturer should hold a General Liability insurance to meet the below. The offer must provide also provide the LOI within 1 week of award.

• Primary limits as follows:

o $1M Each Occurrence o $2M Aggregate

• The Umbrella is next (Insurer C) you will notice the following limits:

o $10M Each Occurrence o $10m Aggregate

• Domestic Excess Liability o $7.M Each Occurrence o $15M Aggregate, excess of $10M Umbrella

12. Technical documentation

Please confirm whether all manufacturer test reports, certifications, insurance evidence, and quality documentation must be included with the initial quotation.

If any documentation contains manufacturer-proprietary information, may it be submitted directly by the manufacturer to the Contracting Officer and cross-referenced in the Quoter’s submission?

Independent test reports must be provided with the initial quoting.

13. Delivery

Does the 60-calendar-day delivery requirement apply to delivery of the entire quantity of 60 shields, or will the Government accept partial or phased deliveries within the 60-day period?

If partial deliveries are acceptable, may the Contractor invoice through IPP for each accepted delivery?

The entire 60 shields must be delivered within 60 days.

14. Nonmanufacturer Rule and country of origin

FAR 52.219-33, Nonmanufacturer Rule, is incorporated into the solicitation. Please confirm whether the Government has obtained, or intends to obtain, an SBA class or individual waiver for the ballistic shields.

If no waiver applies, please confirm that the end item must be manufactured or produced in the United States by a small business manufacturer consistent with FAR 52.219-33.

Please also advise whether any Buy American, Trade Agreements Act, Berry Amendment, or other domestic-source restriction applies beyond the requirements expressly included in the solicitation.

FAR 52.219-33, Nonmanufacturer Rule, applies to this Total Small Business Set-Aside. No individual waiver has been requested or obtained. Unless an applicable SBA waiver applies, quoters proposing as nonmanufacturers must comply with FAR 52.219-33.

The Trade Agreements Act does not apply to this acquisition because the requirement is set aside for small business. The Berry Amendment does not apply to this IRS acquisition.

The solicitation will be updated to include the applicable Buy American requirements.

The Government has not obtained an individual waiver and has not identified an applicable SBA class waiver. Accordingly, FAR 52.219-33, Nonmanufacturer Rule, applies.

15. Option-period pricing

Please confirm that quoters may propose different fixed unit prices for the base period and each of the four option periods, provided each period is separately priced and remains binding if that option is exercised.

Please also confirm whether the Government requires a signed SF1449 with the quotation and, if so, whether one electronic copy is sufficient.

Yes. Quoters may propose different firm-fixed unit prices for the Base Period and each of the four Option Periods. Each period must be separately priced. The Total Evaluated Price will be calculated by adding the Base Period and all four Option Periods. Prices proposed for each option period shall remain binding if the applicable option is exercised in accordance with the solicitation.

Yes. A signed SF 1449 shall be submitted with the quotation. One electronic copy is sufficient.

16. Has IRS considered the new ASTM E3347 standard, which is specific to law enforcement use of ballistic shields, and which tests equipment to law enforcement use cases and conditions?

ASTM E3347 certification is not required. The technical requirements remain as stated in the solicitation.

17. Does IRS really wish to include viewports, which are not as protective as opaque shield material and therefore will be more likely to be perforated, at precisely the location of the IRS officer's head?

Yes. The viewport remains a mandatory requirement as stated in the solicitation.

18. Do products submitted for this solicitation need to be U.S. made?

Yes. This acquisition is a Total Small Business Set-Aside and FAR 52.219-33, Nonmanufacturer Rule, applies. Unless an applicable SBA waiver applies, a nonmanufacturer must provide an end item manufactured, processed, or produced in the United States or its outlying areas by a small business concern. Applicable Buy American requirements also apply to this acquisition.

19. In paragraph 2 it states “stopping and deflecting small arms, rifle, and projectile threats” but the Scope of the SOW references IIIA protection. Which protection level are you looking for?

The required protection level is Level III NIJ 0108.01 Multi-Strike protection. The previous reference to Level IIIA was corrected through Amendment 0001. Quoters shall use the current amended solicitation when preparing their quotations.

20. Is the Tri-Grip Handle required to be included on each delivered shield, or is it only required to be available as an option? Would a straight-grip handle be acceptable if all other mandatory requirements are met?

Tri-Grip must come standard

21. Would ISO 9001:2015 be acceptable in lieu of AS9100?

No, ISO 9001:2015 is a foundational, generic quality management standard for any industry, whereas AS9100 includes all of ISO 9001 plus 100+ strict, sector-specific requirements for aerospace, aviation, and defense.

22. Does the IRS understand that their shield specification does not provide protection against the M855 round which is a prevalent threat to domestic law enforcement?

Yes, the balance of weight and protection is a crucial requirement

23. Does the weight requirement change based upon the increase from Level IIIA to Level III?

No, the balance of weight and protection is a crucial requirement

24. What is the lot testing protocol and where is lot testing to be executed? This is undefined and unclear from the current solicitation and scope of work.

The offerer should provide independent test data for a shield manufactured at the same time as the lot being delivered. Testing should be the same 4 threats as required in this solicitation.

25. Can the Government please clarify the required shot spacing and multi-strike performance required?

Shot spacing and multi-strike performance should meet NIJ 0108.01 testing standard.

26. The NIJ 0108.01 specification listed does not detail testing on and around viewports as listed in the shield requirement. The characteristics of the shield require direct and obliquity shots including on and around the viewport. Can the Government please clarify what level of testing and performance demonstration is required?

Viewports should be tested with direct shots to the viewport. The only obliquity shots required are to the body of the shield.

27. Has IRS considered the new ASTM E3347 standard, which is specific to law enforcement use of ballistic shields, and which tests equipment to law enforcement use cases and conditions?

No, this is a new standard and there are very few shields available on the market, which have gone through this standard.

28. Does IRS really wish to include viewports, which are not as protective as opaque shield material and therefore will be more likely to be perforated, at precisely the location of the IRS officer's head?

Yes

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