2.5.1 70B06C25Q000000071 A00001 Attachment 3 Question and Answer- Government Responses.pdf

Question # Attachment/Document Attachment/Document Referenced Section Page # Question Government Answer

1 General N/A N/A Is this a new requirement or a follow-on to an existing contract? This is a follow-on to existing contract.

2 General N/A N/A If this is a follow-on, could you please provide the previous contract number, the incumbent contractor, and any available historical pricing or ordering data?

70B06C20D00000035 awarded to Atlantic Diving Supply, Inc. in 2020. Unit pricing under the contract is not information I am authorized to disclose, though I can tell you the contract was established with a ceiling of $5M over a five-year term. Orders placed against this contract can be found at the Federal Procurement Data System (FPDS) by searching for the contract number under ezSearch.

3 General N/A N/A What has been the average order volume under the current or most recent contract (i.e., typical quantities ordered per delivery or per month)?

Orders to date have been approximately $1.2M. This includes a lot of orders below the micro purchase threshold that are not represented in the FPDS data above, as purchase card orders are typically not reported to FPDS.

4 Attachment 2 – Statement of Work;

Section 4.6 and 4.10

Attachment 2 - Section 4.6 and

4.10 - Electronic Incapacitation Device (EID) compatible and to include Ultraviolet Marking Dye.

Page 3 - Sections 4.6 and 4.10

Sections 4.6 and 4.10 require all items to be Electronic Incapacitation Device (EID) compatible and to include Ultraviolet Marking Dye. However, the inert items do not confirm inclusion or exclusion of these features.

We ask the Government to clarify whether inert products must also include EID compatibility and UV dye. If they are exempt, please provide further details on those exemptions.

Electronic Incapacitation Device (EID) compatability and inclusion of Ultraviolet Marking Dye on the inert items are required.

5 Attachment 2 – Statement of Work;

Section 5.3.1 and 5.17.2

Attachment 2- Sections 5.3 and

5.17 - ASTM E3187 certification

Page 5 and Page 7 - Sections 5.3.1 and 5.17.2

Line items 5.3.1 and 5.17.2 (live stream units) require ASTM E3187 certification, while their inert counterparts (5.4.1 and 5.18.1) do not.

Given that these items are functionally similar in appearance, use, and intended training application, we request the Government clarify whether ASTM E3187 certification is required for inert items. If not, please provide the rationale behind the differing certification requirements.

ASTM E3187 certification is not required for items identified as "inert" as it is for training use only.

6 Attachment 2 – Statement of Work;

Section 5 Technical Requirements

Attachment 2 - Entire Document, Sections 5.3, 5.4.1, 5.17.2 and 5.18.1- ASTM E3187 certification

Pages 1-10 and Sections 5.3, 5.4.1,

5.17.2 and 5.18.1

Please confirm whether ASTM E3187 certification applies exclusively to active stream units or if it was an unintentional omission for the inert variants. Is there a requirement or expectation for inert stream devices (e.g., 5.4.1 and 5.18.1) to meet equivalent performance or certification standards for training fidelity and safety?

ASTM E3187 certification is not required for items identified as "inert" as it is for training use only.

7 Attachment 2 – Statement of Work;

Section 5

Attachment 2 - Pages 3, 4, and 5.

Sections 5.1.1, 5.3.2, 5.5.1, 5.4 and 5.6

Pages 3, 4, and 5.

Sections 5.1.1, 5.3.2, 5.5.1, 5.4 and 5.6

While several active units (e.g., 5.1.1, 5.3.2, 5.5.1) include performance testing such as HPLC Capsaicinoid verification, inert units (e.g., 5.4 and 5.6) omit equivalent standards. We request clarification on whether the Government intends for inert products to meet similar or equivalent performance or safety standards. If not, please provide additional information on the basis for this differentiation.

The HPLC standards are not required for items identified as "inert" as it is for training use only.

8 Attachment 2 – Statement of Work;

Section 5.7 and 5.8

Attachment 2 - Page 5, Section

5.7 and 5.8

Page 5 - Section 5.7 and 5.8

Some line items list “aluminum” while others specify “hard plastic case” (e.g., 5.7 and 5.8), with no guidance on how these variations impact performance, shelf life, or compliance. We request clarification on whether different casing materials require different certifications or impact compliance with ASTM E3187 or other referenced standards.

Please provide additional information on how the Government will evaluate differences in material construction.

Unless specifically identified in the SOW, no additional standards are applicable to the referenced items in the question. The Government will be evaluating only on a lowest price, technically acceptable basis, with technically acceptable being the item meets the listed minimum technical specifications set forth in the SOW.

Request for Quote (RFQ) 70B06C25Q000000071 A00001 Attachment 3- Question and Answer

CBP LESC Oleoresin Capsicum (OC) Handheld Spray Devices

9 Attachment 2 – Statement of Work;

Section 5.0

Attachment 2 - Section 5 Technical Requirments

Pages 3-8, Sections

5.3.1 and 5.17.2

Given the disparate certification requirements across line items, will CBP consider separating ASTM-certified and non-certified items into separate RFQs or CLINs to reduce ambiguity and ensure compliant offers?

No, the Government will not be splitting the ASTM-certified vs. non-certified items into separate RFQs or CLINs. The Government will be evaluating only on a lowest price, technically acceptable basis, with technically acceptable being the item meets the listed minimum technical specifications set forth in the SOW.

10 Attachment 2 – Statement of Work;

Section 4.2.6 & 5.3.1

Attachment 2 – Section 4.2.6 & 5.3.1

Page 3 and 4 - Sections 4.2.6 & 5.3.1

Can the Government clarify whether ASTM E3187 certification is considered a pass/fail threshold for bid evaluation, or if vendors may offer non-ASTM certified equivalents with test data demonstrating functional equivalency?

ASTM E3187 is considered pass/fail for those items that have certification listed as a minimum requirement.

11 Attachment 2 – Statement of Work;

Section 5.3.1 and 5.17.2

Attachment 2 - Sections 5.3.1 and 5.17.2

Page 4 and 7, Sections 5.3.1 and 5.17.2

Given that ASTM E3187 certification is only required for select active stream units (5.3.1 and 5.17.2) and not consistently applied across all line items especially inert variants - will the Government consider removing the ASTM certification requirement altogether to ensure consistency and fairness in the RFQ evaluation criteria?

No, for when available, products with ASTM certification will be pursued for CBP operational use.

12 Attachment 2 - Sections

5.3.1 and 5.17.2

Attachment 2 - Sections 5.3.1 and 5.17.2

Page 4 and 7, Sections 5.3.1 and 5.17.2

Given the selective application of ASTM E3187 certification and associated standards across various line items, we respectfully request the Government clarify whether it will: (a) require certifications for all applicable items, or (b) revise the RFQ to separate ASTM-certified items from non-certified ones to ensure clarity, compliance, and fair competition. Additional context would be appreciated.

Only two (2) items (identified at SOW Section 5.3 & 5.17) require ASTM certification. When available, products with ASTM certification will be pursued for CBP operational use. The Government will not revise the RFQ to separate these two items from the remaining required items in the SOW.

13 Attachment 2 – Statement of Work;

Sec on 5.3.1 and 5.17.2

Attachment 2 – Section 5.3.1 and 5.17.2

Page 4 and 7, Sections 5.3.1 and 5.17.2

Would the Government consider removing the ASTM E3187 Certification requirement for the 5.3 - MK3 Stream (Active) Flip Top 360 Degree and the 5.17 - MK4 Stream (Active) Flip Top and allow for product acceptance testing in accordance with the Government’s technical specifications?

No, for when available, products with ASTM certification will be pursued for CBP operational use.

14 Attachment 2 – Statement of Work;

Section 6.1

Attachment 2 - Section 6.1 Page 8, Section 6.1 Section 6.1 outlines ANSI-based QA/QC testing procedures (e.g., Operation Test, Pressure Vessel Test), but it is unclear whether these apply to all items, particularly inert units used exclusively for training. We request the Government clarify whether these QA/QC procedures apply uniformly to both active and inert products, and if not, which line items are excluded and why.

The requirements in Section 6.1 apply to all items.