PDFsearchable.pdf

TABLE OF CONTENTS

Description Page Number

Section 1: Schedule of Supplies or Services………………………………………………………1

Section 2: Statement of Work……………………………………………………………………..4

Section 3: Instructions to Offerors……………………………………………………………….14

Section 4: Contract Clauses……………………………………………………………………...20

Section 5: Solicitation Provisions………………………………………………………………..35

Section 6: List of Attachments & Exhibits…………………………………………………..…..53

DJD-12-R-0023

SECTION 1 – SCHEDULE OF SUPPLIES OR SERVICES

1.0 ITEMS TO BE ACQUIRED

The Contractor shall furnish all supplies, and otherwise do all things necessary to, or incident to, providing body armor pursuant to the Section 2, Statement of Work.

1.1 MAXIMUM VALUE AND MINIMUM GUARANTEE

The maximum value for this contract (inclusive of the aggregate price of all task orders issued) shall not exceed $(Sum of estimated total price for all CLIN's). The guaranteed minimum under this contract is 20 tactical vests and 20 concealment vests for the base year only.

1.2 SCHEDULE

(a) The following represents the price schedule for this contract:

Base Period – 12 months after Contract Award

CLIN SUPPLIES/SERVICES EST QTY UNIT UNIT PRICE EST TOTAL PRICE

0001 Tactical Vest 400 EA $ $

0002 Concealment Vest 400 EA $ $

0003 Travel 1 LT $10,000.00 (Not to Exceed)

$10,000.00

Est.

Total $

Option Period I – 12 months after expiration of Base Period

1001 Tactical Vest 400 EA $ $

1002 Concealment Vest 400 EA $ $

1003 Travel 1 LT $10,000.00 (Not to Exceed)

$10,000.00

Option Period II – 12 months after expiration of Option Period I

2001 Tactical Vest 400 EA $ $

2002 Concealment Vest 400 EA $ $

2003 Travel 1 LT $10,000.00 (Not to Exceed)

$10,000.00

Option Period III – 12 months after expiration of Option Period II

3001 Tactical Vest 400 EA $ $

3002 Concealment Vest 400 EA $ $

3003 Travel 1 LT $10,000.00 (Not to Exceed)

$10,000.00

Option Period IV – 12 months after expiration of Option Period III

4001 Tactical Vest 400 EA $ $

4002 Concealment Vest 400 EA $ $

4003 Travel 1 LT $10,000.00 (Not to Exceed)

$10,000.00

(b) Supplies specified above by Contract Line Item Number (CLIN) shall be obtained by issuance of delivery orders. Supplies may be ordered (by CLIN) at any time during the effective period of performance, at the price specified. Delivery orders will be issued in accordance with

Section 2.10 Order Placement. The aggregate dollar amount of all delivery order funding obligations shall not exceed the maximum value of this contract as specified in the Section 1 clause entitled "Maximum Value and Minimum Guarantee."

(c) The Government shall pay the contractor the price for body armor (by CLIN), that is in effect on the effective date of the delivery order, even if the delivery order is later modified for any reason and/or delivery under the delivery order crosses into another performance period.

[End of section]

SECTION 2 STATEMENT OF WORK

2.0 BACKGROUND

The Drug Enforcement Administration (DEA) is a law enforcement agency responsible for enforcing the controlled substances laws and regulations of the United States and bring to the criminal and civil justice system of the United States, or any other competent jurisdiction, those organizations and principal members of organizations, involved in the growing, manufacture, or distribution of controlled substances appearing in or destined for illicit traffic in the United

States. The DEA also recommends and supports non-enforcement programs aimed at reducing the availability of illicit controlled substances on the domestic and international markets.

2.1 PURPOSE

The purpose of this Statement of Work (SOW) is to obtain Ballistic Protection Systems (Body

Armor) for Special Agents; responsible for locating, arresting, and transporting fugitives.

2.2 SCOPE

Body armor will be delivered, inspected and accepted at the DEA Headquarters and regional division offices located throughout the 50 United States and overseas.

2.3 PERIOD OF PERFORMANCE

The period of performance shall be one year from the date of award, plus four (4) one-year option periods.

2.4 PROJECT MANAGER

The Contractor shall designate a Project Manager and one (1) alternate who is responsible for all

Contractor work and oversight under this Contract. The Project Manager or alternate shall be the single point of contact for the DEA Contracting Officer and Contracting Officer's

Representative (COR). All contact information for the Project Manager and alternate shall be provided to the DEA upon contract award. No general numbers or mailboxes will be accepted.

The Project Manager and alternate shall be able to read, write, speak and understand English fluently. The Project Manager or alternate shall be available between the hours of 8:30 a.m. and

5:00 p.m., Eastern Standard Time (EST), Monday through Friday (Federal holidays excluded) and shall resolve all requests within seventy-two (72) hours of notification.

2.5 INSPECTION AND ACCEPTANCE

The Government will evaluate all deliverables as required by the contract in terms of: (1) compliance with the specifications as outlined in the SOW; (2) responsiveness; (3) timeliness;

(4) quality with respect to generally acceptable professional standards, and (5) compliance with all elements of the contract. The Government reserves the right to conduct any inspection and test it deems reasonably necessary to ensure that all products provided conform in all respects to the contract specifications. DEA will inspect and/or accept all delivered goods within 30 calendar days of receipt. Deliverables which, upon inspection, do not conform to the contract specifications shall be rejected by the COR and a rejection notice provided to the Contractor within three (3) calendar days of discovery. Any products submitted and subsequently rejected by the Government shall be subject to rework and re-inspection.

2.6 REPORTS

The Contractor shall submit to the COR quarterly delivery status reports by the 10 th of January, April, July, & October.

The Contractor shall also submit an annual report, within 10 days of the end of the base period and any subsequent option periods, in a format specified by the COR.

The Contractor shall prepare all written deliverables in both printed and digital format (e-mail is acceptable). The Contractor may use spreadsheets to analyze and present data, provided they are compatible with DEA information technology systems. Any changes to a report due date or format must be approved in advance by the COR. If a report cannot be furnished within the scheduled time frame, the Contractor shall notify the COR in writing at least 72 hours in advance of the due date. The notification shall include the: (1) reason(s) for the delay; (2) new proposed delivery schedule; and (3) impact, if any, on related tasks and the overall project.

2.7 TRAVEL

Upon five (5) business day’s notification by the COR, the Contractor may be required to travel domestically for the purposes of measuring body armor recipients or assisting with training in an advisory capacity. The Contractor shall be reimbursed for actual transportation costs and travel allowances for Contractor employees in accordance with FAR Part 31 and the applicable

Government travel regulations [i.e., Federal Travel Regulations 41 Code of Federal Regulations

(CFR), Chapters 300 through 304]. Such transportation costs shall not be reimbursed in an amount greater than the cost of coach class commercially scheduled air or ground travel by the most expeditious route unless coach air or ground travel space is not available and the Contractor certifies to this fact in its voucher or other documents retained as part of its contract records to support a claim or post audit.

2.8 SECURITY

Contractor personnel shall possess a company identification badge and visitor's badge in order to make inside deliveries to Government facilities and DEA offices. As needed, visitors will be escorted by a DEA employee.

2.9 MEETINGS

Upon five (5) business day’s notification by the COR, on an as-needed basis, the Contractor shall meet with the COR and other key program personnel to discuss contract progress and deliverables; exchange information; and resolve emergent technical problems or issues. These meetings may occur over the telephone, via video-conferencing, or face-to-face if both parties agree.

2.10 ORDER PLACEMENT

Delivery orders will be issued unilaterally by the Contracting Officer based on fixed rates (by

CLIN) established under Section 1, Schedule of Items, during the effective period of performance above. Upon signature by the Contracting Officer, each Delivery Order is considered fully executed, binding and ready for implementation. Each Delivery Order will be forwarded promptly to the Contractor and shall conform to all terms and conditions of the contract.

2.11 NEW EMPLOYEES

Upon five (5) business day notification by the COR, the Contractor shall send a representative to the DEA Training Academy, 2500 Investigation Pkwy, Quantico, VA 22135 to measure all new recruits. All measurements shall be made according to industry standards and must take into account all clearances of panels and belts. Upon receipt of a bulk delivery of body armor for each basic class of new recruits, the Contractor shall send a representative to the Training

Academy to insure that each body armor kit fits properly. Dates for the fittings will be selected based on a mutual agreement by the parties. Each Body Armor Vest must be sized to fit the individual agent. Agents ranging from approximately 90 pounds to 320 pounds shall be sized to fit. The Contractor must have a varied sizing ability to incorporate 8 X10 plates and 10 X 12

Plates within the Tactical carriers. As an example sizing should fit C-1 thru C-5 sizing as an industry standard.

2.12 EXISTING EMPLOYEES

Measurement of existing employees will be performed by Government personnel at the employee's designated duty station. A contractor furnished sizing sheet will be filled out by the employee and sent electronically to the COR and then forwarded to the contractor. Any correspondence will be between the Contractor, the Employee, and the COR. Any product defects, improper fit, or delays in delivery resulting from inaccurate measurements will be the responsibility of the Government. Each Body Armor Vest must be sized to fit the individual. A small framed agent who is 90 pounds to a 320 pound agent, must be sized to fit. The Contractor must have a varied sizing ability to incorporate 8 X10 plates and 10 X 12 Plates within the tactical carrier. As an example, sizing should fit C-1 thru C-5 sizing as an industry standard.

2.13 BODY ARMOR ORDER FORMS

The Contractor shall design, produce, and distribute order forms in a standard electronic format that is easily understood and completed by DEA personnel without additional assistance. The format for Body Armor Forms shall be approved in advance by the COR.

2.14 TRAINING VIDEOS / POWERPOINT PRESENTATION

Within thirty (30) business days of contract award, the Contractor shall provide (1) short video, and (1) PowerPoint presentation to the DEA Office of Training. The video shall demonstrate how to perform an initial inspection of the body armor upon delivery and periodic inspections thereafter for defects, excessive wear, or other problems. The PowerPoint shall demonstrate how to measure employees for proper fit. It shall also show how to complete the Body Armor Order

Form. The training video and PowerPoint presentation shall become property of the DEA.

2.15 DELIVERY

Deliveries may occur at any given time during the contract period of performance. Delivery orders may be issued for any contract line items listed in the Schedule. All orders for body armor shall be delivered within the 48 Contiguous United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands, according to the terms and conditions of the contract. Upon contract award, DEA will provide the Contractor a list of delivery locations in an electronic

(Microsoft Excel) format. The Contractor shall maintain and update this list according to instructions provided by the COR. Once a delivery order that includes the accurate measurement forms for DEA personnel has been received by the Contractor, delivery of all products shall be to destination no later than 60 calendar days. For all existing employees, body armor will be delivered, received, inspected, and accepted at the employee's current designated duty station.

For new recruits, body armor will be delivered, received, inspected, and accepted in bulk at the

DEA Training Academy. All foreign deliveries will be forwarded to the Office of Training 2500

Investigation Parkway, Quantico, VA, 22135. It will be the Office of Trainings responsibility to ensure Body armor received will be forwarded to the foreign Post of Duty and received in a timely Manner. Upon receipt of Body Armor the receiving Agent will have the same return benefits which are dictated in section 2.17 of this same Statement of Work.

2.16 PACKING LIST

The Contractor shall include a packing list with each order shipped. At a minimum, the packing list shall include the following information:

" Name of Contractor

" Contract number

" Order date

" Order number

" Agent Name, DEA office address, and office telephone number of the employee placing the order

" Agent Name, DEA office address, and office telephone number of the employee to whom the item is shipped

" Itemized list of products furnished, including separate entries and serial numbers, if available, for each component shipped

" Expiration date of the item, if applicable

" Total price of the order

" Quantity, unit price, and extension of each item, less applicable discounts

" Date of shipment

" Projected date of delivery

" Contractor Point of Contact (POC) for deliveries and returns

2.17 RETURNS

Within thirty (30) business days of receipt of a shipment, the COR will notify the Contractor of any body armor that must be returned. Returns will be made at no additional shipping cost to the

Government unless the return results from a measuring/sizing error on the part of the

Government. Restocking fees shall not be assessed when the item is returned due to Contractor error. Restocking fees, if assessed, shall not exceed 10 percent of the original item cost.

2.18 PARTIAL ORDERS

The Contractor shall notify the COR in writing if there are any problems filling the order, provide any anticipated wait time, and allow the COR to cancel the item or wait for later delivery. All partial Orders will be documented by the COR, it is strongly encouraged that partial orders are not sent and use the allotted 60 day timeline for orders.

2.19 SHIPPING AND HANDLING

All products shall be packaged as an individual Armor package for each employee. This will be sent into a suitable corrugated cardboard box (or equivalent) and shipped consistent with standard commercial practices within the United States. Shipping costs shall be incorporated into the Armor Package price and not as an add on. Reference should be made to section 14.0

Delivery.

2.20 DAMAGED GOODS

Damaged goods are the Contractor's responsibility and liability. The Contractor shall replace, at its own expense, any items reported damaged within 30 calendar days after notification.

Delivery of the replaced item shall adhere to the delivery timeframes specified in the original order. The Contractor shall provide a Returned Merchandise Authorization (RMA) and prepaid shipping label with each original and replacement order. The consignee will document the damage on the packing list.

2.21 ORDER AND TRACKING SYSTEM

The Contractor shall maintain an electronic order and tracking system that permits the

Government to know the location of a package at any point between the time the package leaves the Contractor's facility and the time it is received and accepted at destination.

2.22 QUALITY CONTROL

The Contractor shall maintain a quality control program. The documented quality control system must be designed to insure the integrity and quality of the manufactured products. The quality control system shall control all manufacturing processes and incoming raw materials. The

Contractor shall have the capability of performing testing of incoming raw materials and in-process samples. All incoming ballistic material shall meet ballistic lot tests in accordance with the requirements of most current National Institute of Justice (NIJ) certified standard (NIJ

Standards 0101.06 as of 3-15-2012). All vest panels shall be inspected for material defects, proper ply counts, and proper ballistic panel stitching. Covers and accessories shall be re-inspected during manufacturing for defects at selected points during manufacture to ensure no hidden defects in the final product. Each vest shall receive a final inspection prior to shipment, including completion of a quality control checklist and confirmation of the products to be shipped against the customer's order.

2.23 RECALL NOTICES

The Contractor shall notify the COR and Contracting Officer immediately of any recall notices, warranty replacements, or other safety issues regarding the body armor furnished under this contract. Failure to notify the COR or Contracting Officer may result in the termination of this

2.24 MANDATORY TECHNICAL REQUIREMENTS

(a) Concealment IIIA Panels

" Most current NIJ certification (NIJ Standards 0101.06 as of 3-15-2012) based on evolving requirements and procedures

" Drug Enforcement Administration DEA ballistic certified (Refer to attached DEA, Armor

Testing Protocol, Revised, December 03, 2009)

" Weight less than 1.24 lbs/ft2

" Thinness.331 inches or less

(b) Concealment Carrier

" Trauma plate pocket-front (Optional)

" Comes with multiple securing straps for custom configuration

" Shall be tan in color

" 3 x 10 Velcro swath for upper chest of carrier for “POLICE” Patch

" 3 X 10 Velcro swath for upper back of carrier for “POLICE “Patch

" 2” overlap on sides (Panel and carrier)

" No tuck in Tails, straight belt line cut on carrier

(c) Size to Fit Level IIIA Panels

" Most current NIJ certified standard (NIJ .06 as of 3-15-2012)

" DEA ballistic certified

" Weight less than 1.24 lbs/ft2

" Thinness.331 inches or less

" Shall properly fit the carrier with no buckling of panels, in size to fit

(c) Tactical Carrier

" 500 Denier fabric inside / 1000 Denier fabric outside

" Solution dyed Black in color

" Releasable vest system is optional

" Cummerbund, (removable optional)

" Side attaching system

" External, plate pockets front and back

" Carrier compatible for size to fit panels

" 2” overlap on sides or Ballistic Level IIIA Cummerbund

" 4 x 10 Velcro swath for upper chest of carrier for “POLICE” and DEA Agent Badge

Patch

" Upper back of carrier MOLLE integrated with Velcro (pile/loop) for 6 X 11 “DEA” placard

(d) Ceramic Plates

" Ballistic protection to level III

" Shooter cut 10"x12"; 8"x10"

" Must be multi curve front plate, and multi curve back plate

" Most current NIJ certified standard (NIJ .06 as of 3-15-2012)

" DEA, Armor Testing Protocol, Revised, December 03, 2009

" Max thickness of plate to be no more than 1.2 in.

2.25 Accessories

Each body armor kit shall include the following accessories fabricated from the same material as the Tactical Carrier in 500 denier inside and 1000 denier outside solution dyed Black or fabric and with MOLLE attachments:

" 2 each single M-4 magazine pouch

" 1 each Double Glock 22 magazine pouch

" 1 each radio pouch (any Universal pouch with buckles, Velcro, or clip closure)

" 1 each single handcuff pouch

2.26 Markings

All artwork specified below must receive advance approval from the COR.

(a) Tactical Carrier

FRONT: POLICE and DEA special agent badge shall be placed on a removable Placard that is velcroed to the upper chest of the vest. The POLICE and DEA special, 3” tall letters with

POLICE and agent badge is approx. 3” tall. The Placard shall be Black backing with Gold stitched POLICE and special agent badge. The Placard will coincide with Front tactical carrier 4

X 10 Velcro swath.

BACK: The letters DEA shall be placed across the upper back area on a removable placard (6 X

11, placard) that is Velcroed to the vest. The letters shall be 4 inches in size, centered, and on a

Black backing with Gold stitched lettering. The placard will coincide with rear tactical carrier 6

X 10 Velcro swath.

(b) Concealment Vest

FRONT and BACK: POLICE and DEA special agent badge shall be placed on a removable placard that is velcroed to the upper chest and upper back of the vest. The POLICE and DEA special agent badge, 3” tall letters with POLICE and agent badge is approx. 3” tall. The Placards shall be Tan backing with Gold stitched POLICE and special agent badge. The Placard will coincide with Front and back Concealment Vest carrier 3X 10 Velcro swath.

Each body armor kit shall contain a label clearly marked with cleaning/care instructions.

2.27 SERIAL NUMBERS

Each body armor kit shall be assigned and marked with an individual serial number that is traceable to its original ballistic material lot number, ballistic material mill roll number, incoming material lot test, and ballistic panel lay-up lot test. Likewise, each body armor component (panels and plates) shall have a separate traceable serial number. Each body armor component must be received with a type written list of equipment and serial numbers within the component and agents name assigned.

2.28 DATABASE

The Contractor shall develop and maintain an electronic database throughout the term of the contract. The database shall contain the name of the agent the vest was issued to, manufacture date, date of issuance, size, description, serial numbers (Panels and Plates), threat level, warranty information, disposal dates, and any other identifying information the COR deems pertinent and shall be provided to the COR as part of the quarterly report specified in Paragraph 7.0.

2.29 FIT AND ALTERATION POLICY

The Contractor shall perform all required alterations of more than one (1) inch at no additional cost to the Government within 30 days of obtaining final measurements. Adjustments of one (1) inch or less shall be accomplished by using the adjustable strap feature. Any product that has been altered two (2) times and still does not fit properly due to measurement errors by the

Contractor shall be replaced by the Contractor at no additional cost to the Government.

2.30 WARRANTY

The Contractor shall provide new body armor only. No remanufactured or "gray market" items shall be permitted. The Contractor shall provide a full five (5)-year warranty on workmanship, testing protocols, and viability of all kits and components to meet the most current NIJ certified standard (NIJ .06 as of 3-15-2012) for body armor. The warranty period shall begin when the body armor is inspected and accepted at the Government installation - not when the product is manufactured. This warranty shall be void if the product has been altered by the customer or third party; abused or misused; stored improperly; or not cleaned in accordance with written cleaning instructions. Upon approval by the COR, the Contractor shall provide clear, written instructions to each recipient regarding warranty provisions and replacement procedures. The

Contractor shall notify the COR immediately of any recall notices, warranty replacements, safety notices, or other issues regarding the Body Armor Kits.

A warranty label stating the following shall be placed inside all vests:

BALLISTIC PANELS: The ballistic panel is warranted to be of the same construction and design as to the original National Institute of Justice (NIJ) certified model listed on the label. The design of the bullet resistant elements of this vest have been tested and certified by the NIJ and passed the compliance requirements of the most current NIJ certified standard (NIJ .06 as of 3-

15-2012) Requirements for the level stated on the ballistic label. These bullet resistant elements are warranted for five (5) years from date of purchase to be free from manufacturing defects.

Upon timely notice, (name of contractor/manufacturer inserted here) will repair or replace any vest in which, after examination by (name of contractor/manufacturer inserted here), determines there is a manufacturing defect. The vest is bullet resistant and will reduce the possibility of serious physical injury to the wearer. When worn, it is warranted to be bullet resistant for the life of the warranty under normal wear conditions and proper maintenance. This vest is not warranted to be bulletproof.

This warranty does not cover and is void as to:

" Any vest that has been altered or modified in any way other than by (name of contractor/manufacturer inserted here) authorized factory alterations

" Damage as a result of abuse and/or misuse

" Damage as a result of improper storage or maintenance

" Penetrations as a result of ballistic testing

" The result of any specific ballistic testing

Label material shall withstand normal wear and cleaning and remain readable during the entire warranted life of the body armor.

SECTION 3 INSTRUCTIONS TO OFFERORS

3.0 PROPOSAL PREPARATION INSTRUCTIONS

Offerors shall submit their proposals in accordance with the terms and conditions located in FAR

52.212-1, Instruction to Offers – Commercial Items, which is included in this solicitation by reference.

(a) General Instructions

(1) The proposal shall be prepared and submitted in two (2) separate volumes clearly labeled as:

Volume I “Technical Proposal” and Volume II “Business Proposal.” Each volume of the proposal shall be separate and complete in and of itself so that evaluation of one volume may be accomplished independently of evaluating the other.

(2) The proposal shall conform to solicitation provisions and be prepared in accordance with this section. To aid its evaluation, the proposal shall be clearly and concisely written as well as being neat, indexed, and logically assembled addressing each factor in the order specified by the solicitation.

(3) The Technical Proposal, Volume I, shall not exceed 25 pages. There is no page limitation for the Business Proposal. The Technical Proposal shall be written in plain English, in a concise, easy to read manner. Pages shall be standard size 8.5 x 11 inches, printed on one side (one sheet printed on both sides will count as 2 pages), and print shall be standard 10 pt or larger Times

New Roman font. The first 25 pages of the Technical Proposal, in book order, will be evaluated;

pages in excess of this 25 page limit will not be considered. Past Performance questionnaires, title page, table of contents, NIJ and DEA certifications, and tabs will not be counted in the page count limitation.

(4) Specific areas to be addressed: Technical proposals are to be prepared in a format that will facilitate the evaluation of proposals. Accordingly, proposals shall be structured in such a way as to address, separately, each of the evaluation factors below.

(b) Technical Proposal (Volume I) Instructions

TECHNICAL CAPABILITY

The offeror shall demonstrate an understanding of the requirement and shall develop an approach to meeting all requirements outlined in the Statement of Work. Within the proposal, the offeror shall demonstrate the ability to meet the following requirements:

Section 2.4 Project Manager

Section 2.11 New Employees

Section 2.13 Body Armor Order Forms

Section 2.14 Training Videos/Powerpoint Presentation

Section 2.15 Delivery - The offeror shall submit a delivery schedule that meets or exceeds what is required by the Statement of Work.

Section 2.21 Order and Tracking System

Section 2.22 Quality Control

Section 2.24 Mandatory Technical Requirements

Section 2.25 Accessories

Section 2.26 Markings

Section 2.28 Database

Section 2.30 Warranty

Additionally, for the items proposed, the offeror shall submit NIJ 0101.06 Test

Results/Certification and DEA Certification to include the name of the independent laboratory in which testing took place.

The offeror will receive a technical rating of Fail if the offeror fails to meet any one of the requirements listed above.

FIT, FORM, FUNCTION SAMPLE: The offeror shall furnish a sample as part of their proposal.

The sample must be submitted along with the proposal by the date and time specified. Each individual body armor component within the package shall be clearly labeled with the offeror's name, manufacturer's name and number (if different than the offeror), item number, and SOW reference. The Government will evaluate the sample to determine compliance with all characteristics listed in the solicitation. The offeror will receive a technical rating of Fail if the sample fails to conform to the required characteristics. Samples shall be submitted at no expense to the Government, and will be returned to the offeror once evaluations are complete at the offeror's expense. All products delivered under any resulting contract must conform to: (1) the approved sample, and (2) specifications for all other characteristics.

PAST PERFORMANCE

The offeror shall provide a self-assessment of its own past performance and specifically address its resilience in the face of trouble, resourcefulness, and management determination to see that the organization lived up to commitments or standards. Up to three (3) Past Performance

Questionnaires (Attachment 1) for the prime contractor and up to three (3) questionnaires for each subcontractor shall be obtained for projects which are of a comparable or related nature and complexity to the requirements of the proposed contract. Questionnaires shall be completed by the evaluator (customer) and may either be submitted directly from the evaluator to claire.r.whitley@usdoj.gov or be submitted by the offeror with the proposal.

(c) Business Proposal (Volume II) Instructions

PRICE PROPOSAL

The offeror shall propose a price per contract line item number (CLIN)

OTHER BUSINESS INFORMATION TO BE FURNISHED

a. Company Info mailto:claire.r.whitley@usdoj.gov

b. Business size

c. Offeror Representations and Certifications -- Commercial Items (DUNS # for ORCA) –

52.212-3. This shall be submitted as part of the Business Proposal.

d. Terminations – List any contract(s) terminated (partial or complete) within the past 5 years and basis for termination (convenience, default, or no cost settlement). Include the contract number, name, address, and telephone number of the terminating officer.

e. Other Government Work – List all relevant contracts or major subcontracts greater than

$150,000 currently held by the proposing entity with Government agencies other than DEA. For every contract, identify its number, name and address of Government department/agency concerned, and percent of completion to date.

f. Summary of Deviations/Exceptions in the Business Proposal – The Offeror shall explain any deviations, exceptions, or conditional assumptions taken with respect to this part of the RFP.

Any exceptions taken must carry sufficient amplification and justification to permit evaluation.

Such exceptions will not for themselves, automatically cause a proposal to be termed unacceptable. A large number of exceptions or one or more significant exceptions not providing any obvious benefit to the Government may, however, result in rejection of such proposal(s) as unacceptable. Highlight exceptions in the margin of the proposal where they appear in the text.

3.1 TIME, DATE, AND PLACE FOR SUBMISSION OF PROPOSAL

The proposal (whether hand-carried or shipped) shall be received by the date and time specified at the address set forth below.

(b) One (1) original and three (3) copies of the technical proposal (Volume I) and one (1) original and one (1) copy of the business proposal (Volume II) is due July 31, 2012 by 11:00am

EST at the following address:

If hand-delivered*: Drug Enforcement Administration

Attn: Claire Whitley/FAC/E-8333

600 Army Navy Dr.

Arlington, VA 22202

*The offeror shall notify the front desk of their arrival so that they can notify me to come down and receive the package.

If mailed: Drug Enforcement Administration

Attn: Claire Whitley/FAC/E-8333

8701 Morrissette Dr.

Springfield, VA 22152

(c) All proposals shall be marked with the solicitation number and marked “PROPOSAL DO

NOT OPEN.”

(d) All packages are subject to security screening (i.e. x-ray) by the Government and shall therefore be delivered in enough time so as not to be received after the date and time specified of proposals. It is the offeror’s responsibility to ensure timely arrival. Under no circumstances shall proposals be left with another individual not authorized to accept the proposal.

3.2 OFFEROR ACCEPTANCE PERIOD

The offeror shall provide an offer acceptance period of not less than 90 calendar days.

3.3 COMPLIANCE WITH INSTRUCTIONS

When evaluating an offeror’s capability to perform the prospective contract, the DEA will also consider compliance with these instructions. The Government will consider an offeror’s noncompliance with these instructions, or any attempt to evade the requirements imposed by these instructions, as indicative of the conduct the Government may expect from the offeror during contract performance. The Government reserves the right to treat noncompliance with these instructions as a risk, and may treat such risk as grounds to eliminate any vendor from award consideration.

3.4 EXPENSES RELATED TO OFFEROR SUBMISSIONS

The Government will not pay any costs incurred in the preparation and submission of any proposal.

3.5 AMENDMENTS TO PROPOSAL

Changes to the proposal by the offeror shall be accomplished by amended page(s). Changes from the original page shall be indicated by a vertical line, adjacent to the change, on the right margin of the page. The offeror shall include the date of the amendment on the lower right hand edge of the page as well as the amendment number that caused the change.

3.6 COMMUNICATIONS AND CORRESPONDENCE

(a) All communications concerning the solicitation, including any of a technical nature, shall be made through the Contract Specialist. All questions, technical or otherwise, in response to this solicitation shall be in writing and received by the Government on or before July 10, 2012 at

11:00am EST. Questions shall identify the applicable section, page number, and paragraph. The

Government will provide to all offerors a list of all questions received, with the Government responses, in the form of an amendment to the RFP. The Government will not consider questions received after this date.

(b) All communications regarding this solicitation shall be directed to:

Contract Specialist: Claire Whitley

Email Address: claire.r.whitley@usdoj.gov

Office phone: 202-307-7574

3.7 EVALUATION OF PROPOSALS

(a) GENERAL

(1) It is the Government’s intention to award a single contract through competitive negotiations to the Offeror whose proposal is considered most advantageous to the Government, based on lowest price technically acceptable. Proposals will be evaluated in accordance with

Federal Acquisition Regulation (FAR) 15.305. Evaluation is performed to determine the technical acceptability of the offeror on a pass/fail basis, price reasonableness, and ranking with competing offerors.

(2) A technical evaluation will be conducted to determine the technical acceptability of the Offeror’s proposal on a pass/fail, all or none basis in accordance with the requirements of this solicitation. The technical acceptability will result in ratings of Pass or Fail. Past Performance will receive an overall confidence rating of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or Unknown Confidence (Neutral). Price will be evaluated

Pursuant to FAR 15.4. Price will not receive an adjectival or confidence rating.

(3) The Government reserves the right to make award based on initial offers without discussions. Therefore, the Offeror is requested to submit its best proposal to the Government on the most favorable terms both from a technical and price standpoint.

(4) The Government will evaluate the proposal based on the information listed below.

(b) VOLUME I – TECHNICAL PROPOSAL

TECHNICAL ACCEPTABILITY

The Government will evaluate the offeror’s ability to meet all requirements of the Statement of

Work on a pass/fail all or none basis. The offeror must receive a Pass rating on all requirements in order to be considered further for award. Specifically, the Government will evaluate (i) the offeror’s demonstration of the ability to accomplish the objectives of each of the following requirements,:

Section 2.4 Project Manager

Section 2.11 New Employees

Section 2.13 Body Armor Order Forms

Section 2.14 Training Videos/Powerpoint Presentation

Section 2.15 Delivery - The offeror shall submit a delivery schedule that meets or exceeds what is required by the Statement of Work.

Section 2.21 Order and Tracking System

Section 2.22 Quality Control

Section 2.24 Mandatory Technical Requirements

Section 2.25 Accessories

Section 2.26 Markings

Section 2.28 Database

Section 2.30 Warranty

(ii) the offeror’s submission of NIJ 0101.06 Test Results/Certification and DEA Certification to include the name of the independent laboratory in which testing took place, and (iii) the offeror’s sample submissions for compliance with all characteristics listed in the solicitation including the required labeling of the sample.

PAST PERFORMANCE

The Government will evaluate each Offeror’s experience of similar nature to the work to be performed under the requirement described in this solicitation. Specifically, jobs that are of similar size, scope, complexity, contract type, and period of performance in relation to the requirements of this solicitation are of particular interest to the Government. The Government reserves the right to conduct telephone interviews to validate past performance and to obtain additional information from other internal and external sources, if known. The quality of the

Offeror’s past performance will be evaluated based on comparison of Past Performance

Questionnaires with information the Government obtains through reference checks, its own knowledge/experience, and/or from other sources (i.e. Contracting Offices, Past Performance

Information Retrieval Systems (PPIRS), and Contractor Performance Assessment Reporting

Systems (CPARS)). This evaluation will include assessments of the Offeror’s resilience in the face of trouble, resourcefulness, and management determination to see that the organization lived up to commitments or standards in the performance of the work. The Government will evaluate the degree to which the Offeror supplies examples of accomplishments to indicate an ability to perform. Offeror’s with no relevant past performance history shall receive the rating of

“Unknown Confidence”, meaning the rating is neutral and is treated neither favorably nor unfavorably pursuant to FAR 15.305(a)(2)(iv).

(c) VOLUME II – BUSINESS PROPOSAL

PRICE

The Government will evaluate price using proposal analysis techniques prescribed by FAR 15.4 to include consideration of price reasonableness. Specifically, the Government will evaluate total evaluated price for all five (5) years proposed.

3.8 BASIS FOR AWARD

(a) All proposals received pursuant to the solicitation will be fully evaluated on a pass/fail basis.

The Government will make award to the responsive, responsible Offeror whose proposal is the lowest price technically acceptable to the Government. The Government will evaluate proposals based upon technical acceptability described herein, and price. Offeror’s proposed price will be considered independently of the technical acceptability and will not be accorded any specific adjectival rating.

SECTION 4 CONTRACT CLAUSES

52.204-4 -- Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May

2011)

52.204-7 – Central Contractor Registration (Feb 2012)

52.204-9 – Personal Identity Verification of Contractor Personnel (Jan 2011)

52.243-1 – Changes—Fixed Price (Aug 1987)

52.249-2 – Termination for Convenience of the Government (Fixed Price) (Apr 2012)

52.212-4 -- Contract Terms and Conditions -- Commercial Items (Feb 2012)

52.224-1 – Privacy Act Notification (Apr 1984)

52.224-2 – Privacy Act (Apr 1984)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive

Orders -- Commercial Items (May 2012)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L.

110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

https://www.acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_233_240.html#wp1113344 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137622 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1141983 http://uscode.house.gov/

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements

(Jul 2010) (Pub. L. 111-5).

_X_ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

_X_ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Feb 2012) (41 U.S.C. 2313).

_X_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations

(May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L.

111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L.

110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)

(15 U.S.C. 657a).

__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)

(15 U.S.C. 657a).

__ (11) [Reserved]

_X_ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011)

(15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)

(15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

https://www.acquisition.gov/far/current/html/52_200_206.html#wp1144881 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1141649 http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/52_200_206.html#wp1144992 https://www.acquisition.gov/far/current/html/52_207_211.html#wp1140926 https://www.acquisition.gov/far/current/html/52_207_211.html#wp1145644 https://www.acquisition.gov/far/current/html/52_207_211.html#wp1146366 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1135955 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1135970 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136004 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136017 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136017 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136017 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136032 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136058 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136058 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136058 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136058 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136174

_X_ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

_X_ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged

Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged

Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program—

Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(Nov 2011) (15 U.S.C. 657 f).

_X_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012)

(15 U.S.C. 632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned

Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB)

Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

_X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012)

(E.O. 13126).

_X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010)

(29 U.S.C. 793).

_X_ (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

_X_ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

__ (34) 52.222-54, Employment Eligibility Verification (JAN 2009). (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.)

__ (35)(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.)

https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136175 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136186 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136333 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136333 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136374 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136380 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252…