2.5.1 70B06C25Q00000072 A00001 Attachment 3 Question and Answer- Government Responses.pdf
PDF 224 KB Posted
- Attached to
- U. S. Customs and Border Protection (CBP) Firearm Mounted and Handheld Operational Lighting Systems (OLS) Federal contract opportunity
- Solicitation number
- 70B06C25Q00000072
About this file
This document is a Questions and Answers (Q&A) attachment for U.S. Customs and Border Protection (CBP) Request for Quote (RFQ) 70B06C25Q00000072 for Operational Lighting Systems. The Q&A addresses three key inquiries: (1) clarification on the Buy American Act (BAA) clause versus Trade Agreements Act (TAA), with the government confirming the solicitation is a small business set-aside which exempts TAA requirements, (2) confirmation of potential use of FAR 25.103(c) "unreasonable cost" exception for non-BAA compliant items like batteries made in China, and (3) confirmation that CBP will only accept complete bids covering all solicitation items and will not consider partial bids. The RFQ is specifically for firearm mounted and handheld operational lighting systems supporting CBP's Law Enforcement Safety & Compliance Directorate, with the government intending to make a single award that provides all requested items.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| 2.5.1 70B06C25Q00000072 A00002.pdf | ||
| 2.5.1 70B06C25Q00000072 A00002 Attachment 1- Statement of Work.pdf | ||
| 2.5.1 70B06C25Q00000072 A00001.pdf | ||
| 2.1.1 70B06C25Q00000072.pdf | ||
| 2.1.1 70B06C25Q00000072 Attachment 2- Price Schedule.xlsx | XLSX spreadsheet | |
| 2.1.1 70B06C25Q00000072 Attachment 3- Question and Answer Template.xlsx | XLSX spreadsheet | |
| 2.1.1 70B06C25Q00000072 Attachment 1- Statement of Work.pdf |
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Text version
Question # Attachment/Document Attachment/Document Referenced Section Page # Question Government Answer 1 2.1.1 70B06C25Q00000072.pdf SOLICITATION 70B06C25Q00000072 Page 9 , (48)(i)
52.225-1 Can the government explain why the BAA clause has been checked when the TAA should apply for this contract since the ceiling is above the $174k threshold.
The solicitation is a total small business set aside and the solicitation includes FAR 52.219-6 Notice of Total Small Business Set Aside. The Trade Agreements Act (TAA) and associated requirements implemented through FAR 25.4 do not apply to acquisitions that are set aside for small businesses. See FAR 25.401(a)(1), Exceptions. The solicitation properly includes FAR 52.225-1 Buy American- Supplies, rather than FAR 52.225-5 Trade Agreements.
2 2.1.1 70B06C25Q00000072 Attachment 1- Statement of Work.pdf
4.9 Ancillary Equipment (Brand Name or
Equal)
Page 30 , 4.9.1,4.9.2,4.9.3
The Government has some products required on this contract that are non-BAA compliant (batteries made in China), . Is the Government planning to use FAR 25.103(c): Unreasonable cost. The contracting officer may determine that the cost of a domestic end product would be unreasonable, in accordance with 25.106 and subpart 25.5, and allow these batteries to be on the contract as standalone items even though they are non-compliant?
Under the terms of the clause at FAR 52.225-1 , the Government “provides a preference for domestic end products for supplies acquired for use in the United States.” As the question has indicated, the preference for domestic end products over foreign end products is implemented through the “unreasonable cost” exception to the Buy American statute, found in the FAR at Subpart 25.103(c), which states that a foreign end product may be used if the cost of a domestic end product would be unreasonable in accordance with FAR 25.106 and 25.5.
The process to be used is set out in detail at FAR 25.106(b).
3 N/A - General Question N/A N/A Is CBP accepting partial bids? The Government intends to make a single award resulting from this solicitation that provides all items. The Government will not consider offers that do not include all items listed in the solicitation.
Request for Quote (RFQ) 70B06C25Q00000072 Attachment 3- Question and Answers
CBP Operational Lighting Systems
File details come from the government source that posted it. Updated .