MASS Questions Through 12 Nov _2_ 091119.pdf

H92222-10-R-0004 MASS Questions Received Through 12 Nov 2009 and Government Responses

19 November 2009 1

1. I am writing to ask if The Berry Amendment applies these 3 items; Entry Zippers, Front Relief Zippers and Zipper T-Bar. The only reference to The Berry Amendment I located is in Table 3 of the Statement of Work and states” Berry Amendment Compliant Material”.

While zippers generally fall within the purview of “findings”, I want to make sure.

ANS: Yes, the definition of clothing now includes materials and components like zippers, buttons, and steel toes in boots – these kinds of items normally associated with clothing are now covered by the Berry Amendment.

2. Company XXX has been told by all of the fabric dyeing manufacturers that are listed in this proposal, that it would be impossible to have material dyed in AOR1 and AOR2 available within 60 days of rewarding of this contract. Duro Industries says that they can have non conforming colors ready for samples, but that once this contract is awarded; there would be at least a 10 week development time table to have the PTFE died in the AOR1/AOR2. Would the government be willing to extend the amount of time required to deliver the first 200 suits?

ANS: AOR1 and AOR 2 are not a requirement. The Government has provided offerors the opportunity to propose an alternate delivery schedule IAW FAR 52.211-8. Please note that each proposal MUST contain manufacturer confirmation that the material can be printed/dyed.

3. Does the solicitation require the 5 samples to be delivered with the Quote on November 30th?

ANS: The RFP is being amended to clarify delivery of the written proposal to an address other than the location for submission of the product samples. They both must be delivered to their respective locations on or before the newly established closing date and time of December 8, 2009, at 1:00PM local time.

Product Samples shall be delivered to the location identified in FAR 52.212-1 para (d). The amendment revises provision 52.212-1(b), Submission of Offers, that written proposals are to be submitted to the address located in Block 9 of the SF1449 or via email to griffi1@socom.mil AND frederl@socom.mil .

4. Do the samples have to be in AOR 1 and AOR 2?

ANS: No, AOR 1 and AOR 2 are not a requirement of this solicitation.

5. Will the Government accept sample in a different color as long as there is a statement from the fabric manufacturers that the material can be printed in AOR 1 and AOR 2?

19 November 2009 2

ANS: Samples in different colors will be accepted. AOR1 and 2 are not a requirement.

However, each proposal MUST contain manufacturer confirmation that the material can be printed/dyed.

6. With the 5 samples, how many must be in the MASS configuration and the MASS-L configuration?

ANS: IAW with 52.212-1 para (d) Product samples, 5 in each proposed configuration must be submitted.

7. Does RFP No. H92222-10-R-0004 replace/supersede the requirement that was pre-solicited under RFP No. H92222-09-R-0017, dated 24 Jul 2009?

ANS: RFP No. H92222-10-R-0004 under "Solicitation 1" posted on 5 NOV 09 supercedes any previous DRAFT RFP associated with this item. The design Evaluation form is not required under this RFP.

8. RFP pages 133 and 134 include clauses 252.225-7001 and 252.225-7036 indicating Buy American is applicable, which we believe allows 49% of the product or component to be of foreign manufacture. Clauses 252.225-7012 and 252.225-7014 implement the Berry Amendment requiring every component and it's sub-components to be of US origin. Design Evaluation Form, Garment PDM Evaluation, states Materials to be Berry complaint material, requesting confirmation of this from the material printer.

8a - Are all materials, components and sub-components required to be of US Domestic origin or only the main suit fabric?

All materials, components and sub-components are required to be of US domestic origin.

Also, DFARS 252.225-7014 does not appear to be available on line at:

http://farsite.hill.af.mil/VFDLAD1.HTM <http://farsite.hill.af.mil/VFDLAD1.HTM> When I check the DFARS site this clause number says it is "Reserved".

ANS: See amendment for removal of this clause under 252.212-7001, CONTRACT TERMS AND

CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS

APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JUL 2009)

8b - If the product we will provide to the Government must be 100% Berry Amendment compliant including all materials, components and sub-components, is clause 252.225-7014 applicable for any specialty metals that may be included in any sub-component such as the waterproof zippers?

19 November 2009 3

ANS: No, DFARS 252.225-7014 is reserved and not applicable to this solicitation. An amendment will be issued to reflect this DFAR update. However, the Berry Amendment restrictions include the following:

1. Clothing.

2. Tents, tarpaulins, or covers.

3. Cotton and other natural fiber products.

4. Woven silk blends.

5. Spun silk yarn for cartridge cloth.

6. Synthetic fabric and coated synthetic fabric – including all textile fibers and yarns that are used in such fabrics. (Textile fibers and yarns are fibers and yarns used in textile products. Textile products include items such as draperies, floor coverings, furnishings, bedding, flags, parachutes, and upholstered seats.)

7. Canvas products.

8. Wool, whether in the form of fiber or yarn or contained in fabrics, materials or manufactured articles.

9. Items of individual equipment (FSC 8465) manufactured from or containing covered fibers, yarns, fabrics or materials.

Important changes about clothing, fabrics, fibers, and yarns were made to the law in 2006:

1. A requirement for additional notification in the FEDBIZOPPS was added when a qualifying country exception is used for chemical warfare protective clothing or a determination of non-availability is made for an item of clothing, or an item containing covered fabric, fiber, or yarn; and

2. The definition of clothing now includes materials and components like zippers, buttons, and steel toes in boots – these kinds of items normally associated with clothing are now covered by the Berry Amendment.

9. All CLINS are for: "MASS or L-MASS Over-Garment - M aritime Assault Suit System

(MASS or L-MASS) IAW Statement of Work dated 04 NOV 09, with reinforcements in key garment areas, field repair kit, operator manual IAW Exhibit A, and neck tension relief/ring, and integrated socks. The government will specify sock size with each order under this contract line item accordance with requirements."

9a - Is there a color requirement for these suits?

ANS: IAW Statement of Work para 8, suits should be a subdued color.

19 November 2009 4

RFP CLIN description requires suits to have a neck tension relief/ring. SOW, para 1 states requirement as "over-garment with neck ring or other tension relief and ventilation system".

9b - Will alternative neck tension designs be considered? Or is it a requirement that the suit have a neck tension relief/ring?

ANS: By all means, any system that can relieve the tension around a neck will considered. It does not have to be a ring.

9c - Will one size socks be considered? If not, what size socks are required? What size socks are required for PDM's so we can ensure best comfort for evaluation of our suits?

ANS: Socks - All options will be considered. The only requirement is to have a comfortable sock to fit the 5th to 95th percentile IAW Statement of Work para 4 (men's size 6-15). Ultimately the comfort will be determined by the operator. Vendors may choose to supply more than one size to avoid extra material bunching up in operator boots. Vendor proposals should clearly define the range of sizing.

9d - Is it the Government's expectations that the only design difference between the MASS and L-MASS suits will be the weight of the main suit fabric and overall target weight of the garment?

ANS: The government understands the tradeoff between material weight, comfort, breathability and durabilty. This is reflected in the warranty (3 years for MASS and 1 year for L-MASS, reference SOW para 11). The government expects that the L-MASS will provide increased comfort and breathability over the MASS while sacrificing durability.

9e - Will the L-MASS suit be tested and evaluated the same as the MASS suit or will the L- MASS have less stringent requirements due to the lighter weight fabric used?

ANS: MASS and L-MASS will be tested the same way.

9f - Are there requirements for the repair kit? If so, what items does the Government require at a minimum be included?

ANS: Repair kit is up to vendor to propose. The user should be able to fix minor tears/holes in the field IAW SOW para 1 and 12.

9g - Should PDM's include all items in CLIN descriptions, to include repair kit and operator manual?

ANS: No, only what is identified in RFP 52.212-1(d)

19 November 2009 5

10. Company XXX understands that it is possible that there will be multiple awards for this contract for the 2 styles.

10a - For costing consideration of minimum order purchase requirements for fabrics and other components to enable Company XXX to provide best price to the Government, will equal amounts of each style be purchased?

ANS: No. Out of the maximum 5500 units over 5 years described in the RFP table on pg. 149- 150, roughly 1/3 of that number may be for L-MASS and the rest MASS.

10b - If not, does the Government have an estimated quantity requirement for each style that will be ordered over 5 years?

ANS: No. Out of the maximum 5500 units over 5 years described in the table on pg. 149-150, roughly 1/3 of that number may be for L-MASS and the rest MASS.

10c - Also we are requesting clarification of the Instructions on page 143, note 4, if Company XXX intends to offer on the MASS and L-MASS should we present these as 2 separate proposals?

ANS: No. IAW 52.212-1(b)(4), Offerors may propose on either the MASS or the L-MASS or both in a single proposal. However, if, for example, an offeror submits 2 configurations for MASS each one shall be presented and will be considered as separate proposals.

11. SOW Table 1 and RFP page 140 fabric weight requirement is stated as oz/yd.

11a - Please confirm that the weight per width is square yard. If this is not the case, please let us know width of yardage used to determine weight requirement.

ANS: Should read oz/yd^2. An amendment will be issued to correct this error.

12. SOW Table 3 Padding references "ability to insert Government specified kneepads after award".

12a - Would it be possible to receive samples and or kneepad specifications in order to ensure they will fit in our kneepad covers?

ANS: Government will not be providing kneepads or specs. We want to assess the vendors own kneepad design. Therefore, it does not have to fit the current combat kneepad.

19 November 2009 6

13. Garment PDM evaluation states none required for hood.

13a - Are hoods not required for these suits?

ANS: Hoods are not required

14. My company is an Authorized Agent and reseller for COTS items that meet the specifications, although we are not the manufacture, because the items are described as COTS am I eligible to submit based on an agreement with the supplier to provide according to the solicitations requirements?

ANS: No. This Solicitation was issued as a Small Business Set-Aside with clause 52.219-14, Limitations in Subcontracting (Dec 1996). In accordance with 52.219-14 (b)(2) , the contractor agrees to perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

15. Is this an ITAR controlled item?

ANS: No, this is not an ITAR controlled item.

16. Is there any prior purchase history or an applicable existing NSN?

ANS: Yes, this solicitation is a re-compete of an expired contract, but there are no NSN’s assigned.

17. On the modification dated November 5th, in the price part of the solicitation, there are no dates. On the original solicitation, for example, Item No. 0001-0015 had a date an ordering date between January 2010- December 2010. On the mod there are no dates. Was this a misprint?

ANS: No. This contract has one ordering period that runs for five years. The Government did not want to dictate or assume when prices were going to fluctuate throughout the five years. The dates were removed to allow industry to propose the timeframes when their prices will change within those five years.

18. Table 1: Material Performance Criteria lists Abrasion testing in accordance with ASTM D 3884. This method requires use of an abradant wheel.

18a - We need to know what abradant wheel and the amount of head weight to be used in testing. Please advise as soon as possible as we will need to complete testing prior to response.

ANS: The following will be added to the SOW via amendment: H-18 Wheels, 500 gram Weight