Questions_and_Answers_18_JAN_2019.docx

W56HZV-19-R-0028

Questions and Answers

10 JAN 2019

1) Is this an all or none requirement? If not and a vendor only quotes on some of the items, will this hinder any chance for an award?

ANSWER: Yes, this is an all or none requirement. The offeror must provide each of the 11 components consisting of a complete set in order to be eligible for award.

2) Can we bid on the weights alone?

ANSWER: No

3) We have a new patented strap clamp that is made of rubber and works on all bars. Can we use these as the clamps on the solicitation?

ANSWER: Clamps must meet the salient characteristics in accordance with the requirements found in C.2.2.3., Barbell Collar/Spring (pair).

4) Is this is a new requirement?

ANSWER: Due in part to the current requirement being larger than 25% of any previous acquisitions, W56HZV-19-R-0028 is considered a new requirement.

5) Our assumption is the shipping will occur to a site within CONUS, correct?

ANSWER: The Government will ship sets to locations OCONUS and CONUS. All shipments of ACFT equipment will be FOB Origin. The Government will utilize Government Bill of Lading (GBL) Transportation Authorization Code (TAC) for all direct vendor delivery of ACFT equipment to the units in accordance with F.1., Shipping.

6) FOB Point, we are responsible for paying shipping to the port, however is the Army paying the loading costs? If we are to pay the loading costs, does the Army have estimates?

ANSWER: No. All shipments of ACFT equipment will be FOB Origin. The Government will utilize Government Bill of Lading (GBL) Transportation Authorization Code (TAC) for all direct vendor delivery of ACFT equipment to the units in accordance with F.1., Shipping.

7) Will the GOV shutdown push back the delivery dates noted in the PWS? If the Army receives bids on 1/28/19 and makes a decision by 2/28/19 this leaves approximately 45-day turn around for the 2019 April order.

ANSWER: Per Solicitation Amendment 0001, delivery dates and schedule have been revised.

8) This is approximately an $8M dollar outlay for half the order, with it being an IDIQ is the Army confident that dollar allocations of the contract minimums will be fulfilled at contract award?

ANSWER: As the Government requires ACFT Equipment sets, a delivery order will be issued for the minimum number identified in the Solicitation and will be fully funded at time of award.

9) "The original “sources sought” memo came out 10/26/18 addressing needs of ACFT equipment by 10/1/19. That’s an eleven month lead time. On 11/14/18 a production spreadsheet was sent out with a request to complete and submit it by 11/19/18. We showed a delayed start to deliver the first sets with a completion period of 10 months. Since the beginning of this process, and as time has transpired, we have seen that the OCT 2019 deadline to receive all equipment has not changed. Now, the tentative award will be issued in MAR 2019 with the OCT 2019 deadline unchanged. That’s six months. An award in March, with an October deadline to complete all deliveries, results in a production time much shorter than the original sources sought lead time requirement. Most, if not all, companies will need several months to implement the production plan needed for this project. Can the final due date of the equipment sets be changed to match the original sources sought lead time of ten months with a several month delay in receiving the first sets allowed as well?"

ANSWER: The initial sources sought was a notification to industry of the Army’s requirement. The production spreadsheet was an additional RFI to determine industry’s capacity to manufacture and deliver ACFT equipment sets. The Army’s requirement is to implement ACFT no later than 01 OCT 2019. Not issuing ACFT equipment sets by 1 OCT 2019 will negatively impact individual Soldier readiness across the entire US Army. Therefore, a contractor must deliver ACFT Equipment sets in accordance with the delivery schedule as set forth in Solicitation Amendment 0001.

10) "Is it correct that the Army could issue an award for 3000 ACFT sets as late as 3/31/19 and would expect delivery to the units by 4/15/19, meaning that any potential awardees would likely need to start procurement and production of the equipment prior to award?"

ANSWER: Per Solicitation Amendment 0001, delivery dates and schedule have been revised.

11) Understanding that the contract will be "FOB Origin" and that sets will be shipped via GBL, am I correct in assuming that "delivered to" date and place means delivered to our company-managed consolidation point for pick up by government contracted carriers? Should this pick-up point be in CONUS for all shipments, or is a European point acceptable/desirable for at least the European final destinations?

ANSWER: Place of shipment is FOB Origin. The Government will pick-up ACFT Equipment sets from the contractor’s designated facility(s) once the contractor has met its obligation in meeting the delivered to date.

12) Do the Berry Amendment restrictions apply to this contract? I do not see it mentioned anywhere.

ANSWER: Yes

13) Past performance is not mentioned in Section L, but item (10) on page 55 reads, "Past performance information, when included as an evaluation factor, to include...” Is past performance information requested in our response?

ANSWER: No

14) Is there a deadline for asking questions?

ANSWER: Yes, 18 JAN 2019. Final response to all questions will be provided no later than 23 JAN 2019.

15) On page 57, item (j), there is a request for an offeror to include their Unique Entity Identifier in the vendor box on the SF1449 form. This section indicates that this code can be retrieved at Caution-www.sam.gov < Caution-http://www.sam.gov >. I am familiar with SAM registration but cannot find any reference to this UEI code or how to get one on the SAM site.

ANSWER: Unique Entity Identifier (formerly DUNS) number means the nine-digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A Unique Entity Identifier number may be obtained from the D&B by telephone (currently 866-705-5711) or the Internet (currently at http://fedgov.dnb.com/webformVisit disclaimer page).

16) Will COTS items be accepted from TAA countries?

ANSWER: IAW FAR 25.401, TAA items will not be accepted. Items from qualifying countries IAW 252.225-7002, 252.225-7001, & 252.225-7000 may be accepted.

17) Does the Government still intend to award this Solicitation in March 2019?

a. If not, when is the anticipated award date?

ANSWER: Yes

18) Please provide information regarding the site survey.

c. What location(s) does the government intend to inspect (e.g. the kitting facility or manufacturing facility)?

ANSWER: DCMA Pre-Award Site Survey will assist the contracting officer determine contractor responsibility. A Pre-award Survey can focus on virtually every facet of a business such as: technical capability, financial stability, quality assurance capability, safety, etc. The pre-award survey is the buyer’s opportunity to gain a wealth of information about a prospective supplier's capabilities. Some of the most commonly requested factors for evaluation are as follows.

a. Technical Capability: An assessment of the offeror's key management/technical personnel to determine if they have the basic technical knowledge, experience and understanding of the requirements necessary to produce the required product or provide the required service. Adequate technical and/or management resources must be available during the period of performance in the event of an award.

b. Production Capability: An evaluation of the offeror's ability to plan, control, and integrate manpower, facilities, and other resources necessary for successful contract completion. This includes assessing and reporting the following: The offeror's Plan of Performance (POP); Organization & Management; Plant Facilities & Equipment; Materials & Purchased parts; Production Control System; Subcontracting; Labor Resources; current and past delivery performance.

c. Financial Capability: To make a determination that the offeror has adequate financial resources, or access to them, to acquire needed facilities, equipment, materials, etc., necessary for successful completion of a specific contract as well as any existing DOD contract backlog. Adequate financing is one of the most important prerequisites for successful contract performance.

d. Packaging: An assessment of the offeror's ability to meet the solicitation packaging requirements, including preservation, unit pack, packing, marking, and unitizing for shipment.

19) Is the Government aware that certain items that make up the ACFT Sets/ Kits are only manufactured in China and there are ZERO manufactures in the USA i.e. the 40lb kettlebell and 10lb rubber medicine ball, with some other Kit items most likely in the same situation? Understanding this as fact, Per FAR 19.102F SIZE STANDARDS, this solicitation cannot be set aside for small business, if the non-manufacturing rules apply and the Buy American provisions apply. No bidder will meet the small business set aside requirements due to the fact that they will be purchasing 40lb kettlebells and 10lb rubber medicine balls from Chinese factories (although with their logo, the manufacturer itself is a foreign entity), and they will be viewed as a large business.

ANSWER: Numerous U.S. based small businesses responded to the Government’s Market Research. These businesses indicated they could manufacture/obtain one to all eleven of the kit items domestically.

20) Per the FAR, below are the reasons for exemption from the BAA and we believe all or most of them apply to this solicitation:

. Iron, steel or manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of satisfactory quality;

. Inclusion of iron, steel or manufactured goods produced in the United States will increase the cost of the project by more than 25 percent;

. Applying the Buy American restriction is inconsistent with the public interest.

. Use outside the United States. The Buy American Act expressly provides that agencies are not required to purchase domestic end products or construction materials "for use outside of the United States."59 As used here, the "United States" includes the 50 states, the District of Columbia, and "outlying areas" (e.g., Puerto Rico),60 but excludes areas over which the United States lacks "complete sovereign jurisdiction," such as military bases leased from foreign governments.

ANSWER: The Government’s Market Research indicated that all eleven kit items could be obtained without needing an exception to the Buy American Act (BAA).

21) Is the Government aware of the manufacturing capacity issues regarding the specified products: USA made bumper plates and nylon sled? Each of these items are only available through one US manufacturing source: Hi Temp and Spud. This creates a major performance risk to the Government, along with increased and unreasonable costs when compared to a functional and/or exact "imported" equal item. We believe it also makes this Solicitation unfairly restrictive, due to being available from only 1 manufacturing source.

ANSWER: Numerous U.S. based small businesses responded to the Government’s Market Research. These businesses indicated they could manufacture/obtain one to all eleven of the kit items domestically.

22) Is there a deadline date for Q & A?

ANSWER: Yes, questions will not be accepted after 5 p.m. EST, 18 JAN 2019. The Government anticipates answering all questions no later than 23 JAN 2019.

23) Is the monthly schedule flexible as long as full delivery is made prior to the 30 Sep 2019 deadline?”

ANSWER: The Government has reviewed its delivery schedule and have amended the solicitation to reflect the first delivery required 60 days after receipt of award (DARO).

24) What warranties and life span is expected on the products?

ANSWER: Standard manufacturer warranty and the government anticipates a life span up to 10 years.

25) C.2.2.1.(c) Hexagon Bar/Trap-Bar: Is 40x40mm square tubing allowed for the Hex Bar?

ANSWER: Hex bar must meet the salient characteristics in accordance with the requirements found in C.2.2.1., Hexagon Bar/Trap-Bar.

26) C.2.2.1 Hexagon Bar/Trap-Bar: What is the maximum loading requirement on the Hex Bar?

ANSWER: The Government has reviewed its specifications and have amended section C.2.2.1.

27) C.2.2.2. (b) Bumper Plates: What is the definition of “solid”, does it also include plates made out of virgin or recycled rubber granules? C.2.2.2. (c) Bumper Plates: What is the rationale for the shore durometer tolerance A of +/- 0.3? The standard for the rubber industry is shore durometer A +/- 5.0 according to ISO 7619-1:2010 (Rubber, vulcanized or thermoplastic – Determination of indentation hardness – Part 1: Durometer method (Shore hardness). Can this specification be changed to shore durometer tolerance A of +/- 5.0?

ANSWER: The Government has reviewed its specifications and have amended section C.2.2.2.

28) C.2.2.5. (a) 10lb Rubber Medicine Ball: Are materials with equal performance to rubber allowed? The medicine balls we wish to provide are made of PVC in accordance with California Proposition 65. Can the medicine ball be made of PVC?

ANSWER: 10lb Rubber Medicine Ball must meet the salient characteristics in accordance with the requirements found in C.2.2.5.(a), The medicine ball shall be made from hard rubber and 9” in diameter with no more than ½ inch in deviation;

29) Because this procurement is structured as a small business set-aside purchase of a single kit of 11 component items, it is our understanding that 13 CFR 121.406(c)(1) applies. Can you please confirm that per 13 CFR 121.406(c)(1) "50 percent of the total value of the components of the kit must be manufactured by business concerns in the United States which are small under the size standards for the NAICS codes of the components being assembled"? If not, please explain the applicable requirements.

ANSWER: Yes, this regulation applies.

16 January 2019

30) In your questions and answers you mention that this is a Berry Amendment but also list three FARs (252.225-7002, 252.225-7001, & 252.225-7000) that all consider COTS items made in USA. As the contract is written COTS items are accepted. Please clarify.

ANSWER: Berry Amendment is a statute and is required. DFARS 225.7002-1 has been added to the RFP. As prescribed, Berry Amendment only applies to measuring tools for the purposes of this RFP. COTS items are allowed in accordance with referenced provisions and salient characteristics required under Section C. COTS items from qualifying countries that meet the salient characteristics required under Section C are also allowed in accordance with referenced Buy America provisions. COTS is a subset of a commercial item.

31) In section C.2.2.1 it states the trap bar/hex bar must be Olympic size. By rule, no hex bar is Olympic size. Are standard hex bars acceptable for this solicitation as long as they meet the other specifications?

ANSWER: The Government has reviewed its specifications and have amended section C.2.2.1.

32) In section C.2.2.2 it states Insert type: forged stainless steel (prefer stainless steel disc insert). Is either a pressed sleeve or integrated hub (disc insert) acceptable for this solicitation?

ANSWER: The Government has reviewed its specifications and have amended section C.2.2.2.

33) In section C.2.2.3 the specs for the spring collars it states: Must ensure collar/spring and bar selected are fully compatible. Fits allowable range between 1.937 to 2.015 (inches). C.2.2.1 requires: "1.5"SCH 80 pipe sleeves" this would require the "allowable range" to be adjusted. We recommend 1.85 - 1.93 inches. Will that be acceptable for this solicitation?

ANSWER: The Government has reviewed its specifications and have amended section C.2.2.3.

34) In section C.2.2.5 the specs for the med ball it states (e) Weight cannot shift inside and cannot be filled with sand or similar material. We have fulfilled USG orders with 10 lb medicine balls that are made with a soft rubber (semi-malleable) and filled with sand and air but do not bounce. We used with these med balls because they were deemed acceptable by the US Army School of Physical Fitness at Fort Jackson and are 100% US sourced. Will these be acceptable for this solicitation?

ANSWER: The Government has reviewed its specifications and have amended section C.2.2.5.

35) We need clarification on one part of the ACFT spec where the math doesn’t seem to add up, specifically regarding the length of the hex bar sleeve. The spec calls out that the Hex Bar Sleeve must be 16.4" long and accommodate 4 x 45lb plates and a collar:

The spec then calls out the widths of both the 45lb bumper and the collar: 3.75” and 2” respectively.

When you add together the widths of the 4 x 45lb bumpers and the collar, the length is more than 16.4”: (4 x 3.75”) + 2” = 17”

And this only gets worse when you factor in the upper tolerance of the bumper width (17.26” max).

Will the Army accept a bar/bumper/collar combo that will work together regardless of the spec? Or do they need to modify their values in the spec to specify a longer sleeve length?

ANSWER: The Government has reviewed its specifications and have amended section C.2.2.1.

36) With the crating requirement, there will be a cost associated with 18,000 crates. Should we put that cost as a separate line item?

ANSWER: Please refer to Sections L.4.1.3 and L.4.2.

37) Can you please let me know if some of the items are made in China or any other non TAA country, that these would be acceptable to bid? Are open market items acceptable to bid?

ANSWER: The government is relying on industry to source all materials in accordance with all provisions set forth in the RFP.

38) Can you please confirm that a squat stand is not required?

ANSWER: The squat stand is not required.

39) If two delivery orders are issued against the RFP, does that mean that no payments will be made to either vendor by the Government until the complete 18,304 sets are delivered to Government contracted carrier's containers, or will payments be made monthly as deliveries are made?

ANSWER: Invoices can be billed monthly to the Government as deliveries are made to the Government.

40) It seems like in Section F.1 Shipping that shipments will be picked up from the contractor with your own carriers. Is that the case for all shipments or just certain locations? If shipments are to be sent directly to the end users is there a list of locations/addresses? my main concern is if they are all stateside or not.

ANSWER: All shipments will be FOB Origin via Government Bill of Lading (GBL). Awardee(s) will not be required to ship or deliver completed ACFT equipment sets.

41) C.2.2.5.(a) 10lb Rubber Medicine Ball: The medicine ball that we wish to offer is 9.84” (250mm) in diameter and the specifications stipulate 9” diameter with 1/2 inch in deviation. Will a medicine ball that is 250mm in diameter be acceptable?

ANSWER: The Government has reviewed its specifications and have amended section C.2.2.5.

18 January 2019

42) In relation to the technical description of the 10lb med-ball in C.2.2.5.(a), will PVC (polyvinyl chloride) be considered to be an acceptable alternative to rubber? PVC is a common rubber alternative. Please confirm if you can amend the specification at C.2.2.5.(a) to include this as an allowable rubber-like material?

ANSWER: The Government has reviewed its specifications and have amended section C.2.2.5.

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