Amendment 1.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES 1 1

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

0001 See block 15 D-21-SS-0073

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

Sherman Green Drug Enforcement Administration (DEA) Office of Acquisition & Relocation Management

(FA)

Drug Enforcement Administration (DEA) Office of Acquisition & Relocation Management (FA)

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, state and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NO.

All Offerors D-21-SS-0073

9B. DATED (SEE ITEM 11)

05-20-2021

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 11)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

N/A

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return 1 copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of amendment 0001 is to provide responses to all received questions and issue revised documents in response to questions.

The Closing Date for receipt of Quotation is extended to May 25, 2021 10:00 AM Eastern Standard Time.

*****NO ADDITIONAL QUESTIONS WILL BE ACCEPTED FOR SOLICITATION NUMBER D-21-SS-0073*****

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR 15C.DATE SIGNED 16B. UNITED STATES OF AMERICA 16C.DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

RFQ_D-21-SS-0073

Questions & Response

# Question Response

Is the vendor required to submit pricing on all line items to be considered for this award?

Yes

If there are equivalent items available, what is the process for obtaining DEA approval prior to proposal submission?

Is providing documentation sufficient?

All product description and specifications listed on the Brand Name – PPE Safety Supply Listing

(Attachment B) shall be met.

No

Are you requiring that a responder must be able to provide these specific brands, or can we quote our branded items?

All product description and specifications listed on the Brand Name – PPE Safety Supply Listing

(Attachment B) shall be met.

Proposed alternative items, other than items listed in Attachment B, shall meet or exceed the government’s product specifications listed in Attachment A.

Must a responder quote all the items listed or can we quote selective items?

All line items listed in Attachment A are required.

The company that I work for, Federal Resources, is interested in pursuing

Personal Protective Equipment (PPE) and safety supplies however, the NAICS that’s listed (423990 - Other Miscellaneous Durable Goods Merchant

Wholesalers) is concerning.

On SBA’s most recent NAICS code sheet from 2019, the size standard for this

NAICS is listed as 100 employees.

However, the search function for NAICS on SBA’s site indicates that this NAICS size standard is 500 employees.

Can you verify which size standard is correct?

500 employees

I noticed the subject RFQ is 100% set aside for small business. However, it asks for a GSA contract number. We have CAGE/Duns and are a SB and WOSB

PPE firm that has over 20 years of experience but are just starting to look into

GSA. Are we eligible to submit a quote?

GSA contract number not required see revised document in amendment 1.

Also - are we required to provide an “all or none” quote or may we submit a proposal for certain line items?

Is there a brand name justification approval document in place for this RFQ?

All or none

See Brand Name Justification with Attachment B with list of the specific items in amendment 1

In the event there is not a brand name justification approval document, would the DOJ consider adding brand name or equal provision FAR 52.211-6 to this

RFQ?

Brand Name or Equal provision FAR 52.211-6 added, proposed alternative items, other than items listed in Attachment B, shall meet or exceed the government’s product specifications listed in

Attachment A.

The Standard Form 18 in this RFQ states “Supplies are of domestic origin unless otherwise indicated by quoter” and the clauses at FAR 52.225-1, Buy American

– Supplies and 52.225-2, Trade Agreements are unchecked in the RFQ attachment “RFQ_D-21-SS-0073.pdf". Are country of origin determinations to the Buy American clause and Trade Agreements Act waived for this RFQ?

FAR 52.225-1 added See revised document in

Amendment 1.

rIf country of origin determinations to the Buy American clause 52.225-1 and

Trade Agreements Act 52.225-2 are waived, what is the standard or test to which companies should determine domestic origin (as stated in the Standard

Form 18) for products offered?

See Question #9.

Pg. 22 of the RFQ, part f) states that the “Quote must be in a Microsoft Office compatible format”. Is a PDF an acceptable format?

Yes

RFP File: RFQ_D-21-SS-0073, Section J, Page 24, Volume II Business Quote

Volume II – Business Quote requires that the offeror provide a Special Item

Number has part of the business information in the Business Quote. Every product on a GSA Schedule Contract has a SIN value association.

Q1. Because every product on the GSA Schedule Contract has a SIN value, would the government please advise offerors how it would like offerors to provide the SIN value for these items in this section?

Special Item Number not required see revised document in amendment 1.

RFP File: RFQ_D-21-SS-0073, Attachment A, Lines 0050 - 0067

Q2. Because the items listed in lines 0050-0067 do not have a manufacturer or part number listed, would the Government please advise if offerors are allowed to submit alternates?

The product specification requirements for lines

0050 – 0067 has been updated in Attachment A.

Any proposed alternative items, other than items listed in Attachment B, shall meet or exceed the government’s product specifications.

Most of the PPE there are no part numbers referenced and the description is pretty generic, there can be various versions of styles for each of these. For example just the first 0001-0042 could be any number of versions for St Gobain, Dupont and Kappler. You gave a part number for PPE in lines 0131-0138 within the description we need the same to get the right items so you get comparable fair and reasonable pricing from all bidders.

The solicitations Attachment A has been updated to now include the manufacturer part numbers for lines

0001 – 0042 and 0131 – 0138.

Can we offer an alternative on the MSA respiratory items? We represent

3M/Scott Safety that will have comparables.

No

On the Nomex Flight Suits we have Propper we can offer but sizing is by Chest sizes not in sizes like 3X-5X will that matter if we can offer in those sizes versus the sizes indicated?

Only items described in the Personal Protective

Equipment Safety Supply Listing (Attachment A) are acceptable. No alternatives.

18 Can we offer comparable subs on the DriFire, Massif, and Saloman items? No

Can we offer another manufacturer for the MSA Altair Multigas Detector items?

No

24 | P a g e give more weight to contracts performed as the prime contractor than those performed as a subcontractor.

• Client Point of Contact (POC) to include name, phone number, and email address if available

• Project Agency/Company Contract/Order Number

• Period of Performance

• Value by year of contract/order

• • Describe how tasks in past performance are similar to those of this solicitation (magnitude & complexity);

• Specifically address how they dealt with issues in the face of trouble;

• Address management actions taken to live up to commitments or standards.

Contracts listed may include those entered into with the Federal Government, agencies of state and local Governments and commercial customers.

The Government will supplement the information provided by the Contractor with information the Government obtains through reference checks, its own knowledge/experience, and/or from other sources. These sources may include, but not necessarily be limited to, other Government contracting offices, the Contractor Performance Assessment Reporting System (CPARS).

Technical Volume I responses which do not include all of the above items will be considered deficient and the Offeror’s proposal may be considered as unacceptable for further evaluation.

VOLUME II- BUSINESS QUOTE

The Offeror shall provide the following business information with their Business Quote:

• Company Name, Address, Point of Contact, email address

• DUNS number

• CAGE CODE number

• NAICS Code

• Business Size

• RFQ Amendment acknowledgements

• Offer MUST Comple Attachment 1 – Excel Pricing Sheet

• Any changes or updates to the representations and certifications on file in the System for

Award Management as required by paragraph

(b) of Federal Acquisition Regulation provision 52.212-3 Contractor Representations and

Certifications – Commercial Items.

• Completion of DEA-2852.209-70 – Organizational Conflicts of Interest

– The Offeror shall refer to clause DEA-2852.209-70 Organizational Conflicts of Interest

(MAY 2012) located in Attachment 4.

Furthermore, the Offeror shall include a section in its price quote (Volume II) to warrant that to the best of its knowledge and belief, there are no relevant facts or circumstances that would give rise to an organizational conflict of interest as described in FAR Subpart 9.5, and

SGreen Highlight

DEA PROVISION & CLAUSE MATRIX – COMMERCIAL ITEMS

Updated through FAC 2021-01

October 2020 Page 1 of 22

SOLICITATION #: D-21-SS-0073

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

https://www.acquisition.gov/far-smart-matrix.

(End of provision)

CONTRACTING OFFICER: Check the corresponding box for the provisions and clauses applicable to this procurement.

52.204-6 UNIQUE ENTITY IDENTIFIER (OCT 2016)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-7 ALT I SYSTEM FOR AWARD MANAGEMENT (OCT 2018) WITH ALTERNATE I OCT 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2020)

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020)

52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical Capability/Acceptability Availability Past Performance

[Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.]

Technical and past performance, when combined, are [Contracting Officer state, in accordance with FAR 12.602]

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.225-7 WAIVER OF BUY AMERICAN STATUTE FOR CIVIL AIRCRAFT AND RELATED ARTICLES (FEB 2016)

DEA-2852.209-75 NATIONAL SECURITY RISK ASSESSMENT (JUN 2014)

(a) Any offeror responding to this solicitation acknowledges that before acquiring information technology equipment or software, the U.S. Department of Justice and its component entities will assess the supply chain risk of cyber-espionage or sabotage associated with the acquisition of such equipment or software, including any risk associated with such equipment or software being produced, manufactured, or assembled by one or more entities identified as posing a cyber-threat, including but not limited to, those that may be owned, directed, or subsidized by the People’s Republic of China.

(b) By submitting an offer to this solicitation, the Offeror understands and agrees that the Government retains the right to reject any offer or response to this solicitation made by the Offeror, without any further recourse by, or explanation to, the Offeror, if the Government determines the Offeror or the equipment or software offered by the Offeror, in whole or in part, presents an unacceptable risk to national security.

(c) To assist the Government in assessing whether the acquisition poses a national security risk, offerors are required to complete and submit with its offer or quotation the National Security Acquisition Risk Assessment Questions, which are attached to this solicitation. Offerors must answer all questions completely and accurately to the best of their knowledge and belief. All answers are to be reflective of the parent and subsidiary levels of an organization.

DEA PROVISION & CLAUSE MATRIX – COMMERCIAL ITEMS

Updated through FAC 2021-01

October 2020 Page 7 of 22

SOLICITATION #: D-21-SS-0073

(ii) Alternate I (Mar 2015) of 52.222-50 (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Oct 2015) of 52.223-13.

(41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O. 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

(43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O. 13423).

(ii) Alternate I (Jun 2014) of 52.223-16.

(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

(45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

(47)(i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(ii) Alternate I (Jan 2017) of 52.224-3.

(48) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

(49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I (May 2014) of 52.225-3.

(iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

(50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(52) 52.225-26, Contractors Performing Private Security Functions Outside of the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

(56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

(59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332)

(61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

(63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(iii) Alternate II (FEB 2006) of 52.247-64.