2.5.1_Sol_A1_Questions and Answers_RPVSS_70B03C26R00000045.pdf

Question #

Section 3.13.1 of the SOW grants the Government “unlimited data rights . . . to all data in the Technical Documentation file for the purposes of maintaining the LS-NII system and training LS-NII system operators and Maintenance Technicians.” Please clarify the apparent ambiguity of this sentence in Section 3.13.1, which purports to both grant the Government “unlimited data rights” while at the same time limiting such rights to only those “purposes of maintaining the LS-NII system and training LS-NII system operators and Maintenance Technicians.” Is it the Government’s intent to obtain a license that is limited to use of such data for “purposes of maintaining the LS-NII system and training LS-NII system operators and Maintenance Technicians,” rather than full “unlimited rights” as defined in FAR 52.227-14?

SOW Section 3.13.1 states, in part, that “[d]ata initially produced under this contract shall be conveyed to Government free of proprietary claim. DID A015 includes similar language. Please confirm that these sentences are intended to be interpreted as granting the Government unlimited rights to such data consistent with

FAR 52.227-14.

Section 3.9.4 of the SOW states that “[a]ll training products . . . become the property of the United States Government upon delivery and acceptance by the government,” and that “[a]ll rights for use, modification, and repurposing of the training in whole or in part shall belong to the Government.” Please clarify whether the successful offeror will retain ownership of training products that constitute technical data or computer software and that the Government will receive a license consistent with FAR 52.227-14, FAR 12.211, and FAR 12.212.

DID 007 states that the deliverable will be provided “free of trademark, copyright and/or proprietary claim by the Contractor, and with the unlimited right of alteration, reproduction and/or distribution within the Government.” DID 009 similarly states that deliverables “shall be free of trademark and proprietary claim by the Contractor, and with the unlimited right of alteration, reproduction and/or distribution within the Government.” Please confirm that the Government only intends to use, alter, reproduce, and distribute these deliverables within the Government, and please clarify that successful offeror may mark such deliverables to reflect such Government rights.

No, the Government’s intent is not to obtain a license that is limited in use. The Government’s intent is to obtain full unlimited rights as defined in RFO 52.227-14. The language referencing “purposes of maintaining the LS-NII system and training LS-NII system operators and Maintenance Technicians” is descriptive of the primary expected uses and does not restrict the scope of the Government’s rights. In practice, these rights will be exercised internally and only on a need-to-know basis within the agency, but the legal rights granted shall be unlimited.

The Government does not intend to incorporate Alternates II and III of RFO 52.227-14 for this procurement. The program requires unlimited data rights for all deliverables produced under the contract to ensure full operational, maintenance, and training capability. All deliverables must be provided free of proprietary claim and with unlimited rights as defined in RFO 52.227-14. If there are exceptional circumstances or specific commercial items where limited rights may be appropriate, offerors should raise these concerns for Government consideration, but the baseline requirement is unlimited rights.

Yes, the Radiation Survey Report is exempt from the 15-page limit for Volume I.

Yes, the Project Management Plan is exempt from the 15-page limit for Volume I.

Yes, the Reliability Prediction Report is exempt from the 15-page limit for Volume I.

Yes, the Hazardous Materials List is exempt from the 15-page limit for Volume I.

Confirmed. SOW page 78, DID A016, "Deliverables: First submission" has been revised to reflect five-year vice one-year.

Yes, the Warranty Terms and Conditions are exempt from the 15-page limit for Volume I.

The FAR Part 12 citations provided within the question are not applicable to this acquisition as the Revolutionary FAR Overhaul (RFO) version of Part 12 is instead applicable. However, consistent with RFO 12.106 and RFO 12.107, the Government shall acquire only the technical data and the rights in that data customarily provided to the public with a commercial product or process.

SOLICITATION QUESTIONS & ANSWERS (Q&A)

SAM.gov Notice ID 70B03C26R00000045

Non-Intrusive Inspection (NII) Relocatable Passenger Vehicle Scanning Systems (RPVSS) IDIQ Question

We would like to know if this is a brand new contract OR if there is (was) an incumbent performing these services. If not brand new, could you please provide the current/previous contract number?

Answer

There is no incumbent for this requirement. This is a new requirement.

One email with the requisite separate attachments is acceptable as long as the size of the one email is less than 35MB. Due to restrictions on the size of email, offerors must ensure that all emails submitted are less than 35MB.

If the proposal exceeds 35MB, submissions must be separated into multiple emails and include in the subject line the solicitation number and # of # emails.

Please clarify if bidders need to submit the 3 required proposal volumes and the SF-1449 as attachments to either (a) four separate emails with 1 of 4, 2 of 4, 3 of 4, etc. or (b) one email with 4 separate attached documents.

Considering the 15-page limit for the Technical Volume, please clarify if the Radiation Survey Report outlined within DID A013 is exempt from the page count.

Requesting an extension until April 17, 2026 at 5:00pm EDT.

Please confirm that system price should include CONUS Delivery?

Please confirm CLIN 60 OCONUS is for Delivery Order Upcharge for OCONUS delivery?

The proposal submission due date has been extended until April 10, 2026 at 05:00 PM Eastern Daylight Time.

CONUS FOB Destination shipping shall be included as part of the total unit price within line item number 10 of the proposal pricing schedule (solicitation attachment 3).

Yes, line item number 60 of the proposal pricing schedule (solicitation attachment 3) is for "upcharge" purposes and shall cover any additional surcharges, import/export costs, etc. related to OCONUS shipments.

Considering the 15-page limit for the Technical Volume, please clarify if the Project Management Plan outlined within DID A001 is exempt from the page count.

Considering the 15-page limit for the Technical Volume, please clarify if the Reliability Prediction Report is exempt from the page count.

Yes, these sentences are intended to be interpreted as granting the Government unlimited rights to such data, consistent with RFO 52.227-14. This means the Government may use, modify, reproduce, release, perform, display, or disclose the data in any manner and for any purpose. In practice, the Government will exercise these rights internally and only on a need-to-know basis.

The successful offeror will not retain ownership of training products delivered under the contract. Upon delivery and acceptance, all training products become the property of the United States Government, and the Government receives unlimited rights as defined in RFO 52.227-14. This applies to both technical data and computer software.

For commercial items, the Government’s rights will be consistent with RFO 12.106 (technical data) and RFO

12.107 (computer software), but the SOW requires unlimited rights for all deliverables produced under the contract.

The Government may use, alter, reproduce, and distribute these deliverables within the Government. The Government is not authorized to release these deliverables outside the Government or to parties without a legitimate need-to-know. Offerors may mark deliverables to reflect the Government’s unlimited rights, but such markings must not restrict the Government’s ability to use, modify, or distribute the deliverables internally.

Considering the 15-page limit for the Technical Volume, please clarify if the Hazardous Materials List is exempt from the page count.

The reference to a one-year warranty within SOW page 78, DID A016, "Deliverables: First submission" is inconsistent with the required five year warranty. Please confirm this should state “five-year” total system warranty.

Considering the 15-page limit for the Technical Volume, please clarify if the Warranty Terms and Conditions are exempt from the page count.

SOW section 3.13.1 states that “Technical Documentation shall consist of all documentation used by the Contractor and all Subcontractor’s in the production of the LS-NII system and any follow-on production or modification.” Given that the Government is seeking to procure commercial products under the Solicitation, will the Government amend the Solicitation to confirm that offerors are not required to deliver any technical data, technical information, or computer software documentation unless it is customarily available to the public, consistent with FAR 12.211 and FAR 12.212(a)?

FAR 52.227-14 permits offerors to withhold from delivery limited rights data and restricted computer software.

Alternates II and III of FAR 52.227-14 contemplate that offerors may deliver limited rights data and restricted computer software to the Government. Given the various deliverables required and commercial products being obtained under this procurement, will the Government consider amending the RFP to incorporate Alternates II and III of FAR 52.227-14?

In the RPVSS SOW, CBP references an estimated total delivery quantity of approximately 100 units over a five-year period but does not provide a yearly breakdown. However, Attachment 3 (Pricing Schedule) includes specific quantities for each of Years 1 through 5. Given that pricing may vary based on order volume (e.g., volume discounts), how should offerors interpret the quantities provided in the pricing schedule? Should these be considered minimums, maximums, or estimated ordering quantities? Additionally, does CBP prefer that offerors propose tiered pricing that reflects potential volume discounts at defined quantity thresholds?

The quantities indicated in solicitation Attachment 3 (Proposal Pricing Schedule) are estimated ordering quantities throughout the life of the IDIQ. See RFO 52.216-19 within solicitation Attachment 1 for order limitations.

Offerors shall submit a completed copy of solicitation Attachment 3 (Proposal Pricing Schedule). Pricing must be provided for all Contract Line Item Numbers (CLINs) and SOW requirements. A separate tiered pricing structure is not being requested.

The data integration requirement references both UFF 3.0 format and Sweeper ICD v1.1.1. ICD v1.1.1 specifies UFF 2.0, which is not compatible with UFF 3.0. Please confirm which is required, and whether the intent is compliance with LSX.

See answer #26 above.

Under SOW section 3.2.1.5, what is the difference between the weights listed in the Typical Configuration and Mobile Configuration? Also, does CBP intend to transport the portal separate from the truck? If not, is the weight of the portal itself relevant if the overall combined (Portal and Vehicle) weight is acceptable?

The gross weight of the system (all parts and components) should not exceed 16,060 pounds. Vehicles of lower or higher weight may be considered, provided they do not require a commercial driver’s license (CDL) to operate.

Can you please confirm that the proposal due date for the RPVSS requirement is Friday, April 3rd? See answer #2 above.

In SOW sections 2.3, and 3.2.1.5 , the government is requiring data integration via Sweeper Interface Control Document v1.1.1. CBP has recently issued a new data integration specification called Interface Control Document between Large-Scale X-Ray (LSX) equipment and CBP Cloud. Does the Government prefer the sweeper interface or the LSX interface for this procurement?

CBP LSX ICD v1.0.0 is applicable for this requirement. SOW sections 2.3, and 3.2.1.5, have been revised accordingly.

Has CBP defined Image Quality Indicator thresholds and objectives specifically for steel penetration and special resolution?

CBP has not defined separate threshold or objective values for Image Quality Indicator (IQI) parameters such as steel penetration and special resolution beyond those required by ANSI N42.46-2008. The system must comply with all applicable testing and performance criteria specified in ANSI N42.46-2008. This standard governs the methods and minimum acceptable values for steel penetration, spatial resolution, contrast sensitivity, and other image quality parameters.

For reference, the current requirements are:

Steel penetration: 23 mm (0.9 inches) of steel Resolution: Vertical 7 mm (.28 inches) or less Resolution: Horizontal 8 mm (.31 inches) or less Contrast @50%: 2.5% or better Wire: 14AWG (1.6mm/0.06 inches) or less

SOW section 3.2.1.5 states Typical system deployment dimensions of approximately 13 ft. wide by 11 ft. high.

x 13 ft. long. Would +/- 10% be considered acceptable as it relates to “typical system deployment dimension” of 11ft. high? If not, what would be the maximum allowable height of the RPVSS unit?

+/- 10% would be acceptable for dimensions. Deployed height dimension is not too critical, the critical height dimension would be the total height of the vehicle when in transport configuration. (Typical minimum bridge clearance height is 13’6”)

Under SOW section 3.2.1.5, a “Typical Configuration” is “Portal and Truck Combined Weight of 16,060 lbs.”

Would a “Portal and Truck Combined Weight” of less than 20,000 lbs. be acceptable to CBP?

20,000 lbs is acceptable, the main purpose of this is to ensure that “special” license {Commercial Driver's License (CDL)} is NOT required.

The chart for the operator training on SOW page 64 indicates "One unit for every three students." What is unit referring to? Is this a day? How many days is operator training expected to be?

The chart for Instructor led training on SOW page 65 indicates "One unit for every three students." Please clarify what unit is supposed to be? How many days should instructor led training be?

A unit is referring to the system (i.e., one Relocatable Passenger Vehicle Scanning System equals one unit). The Operator Training Model shall take place over the period of two (2) hours with one (1) hour for classroom instruction and one (1) hour for hands-on training. No more than three students will be trained on one unit.

A unit is referring to the system (i.e. one Relocatable Passenger Vehicle Scanning System equals one unit). The Instructor Training Model shall take place over the period of four (4) hours with two (2) hours for classroom instruction and two (2) hours for hands-on training. No more than three students will be trained on one unit.

Page 16 of the SOW states that "Each system delivered shall be delivered with CBP OFO branding. (Per current CBP OFO branding style guidelines...)". Please clarify if branding decal kits will be provided by the Government as consistent with other similar products.

Yes, the Government will provide the necessary and applicable branding decal kits for each system, consistent with historical purchases and CBP OFO branding style guidelines. Contractors shall be responsible for applying the branding as specified.