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FBO DAILY ISSUE OF FEBRUARY 19, 2011 FBO #3374
MODIFICATION

42 -- HAZMAT EQUIPMENT

Notice Date
2/17/2011
 
Notice Type
Modification/Amendment
 
NAICS
423850 — Service Establishment Equipment and Supplies Merchant Wholesalers
 
Contracting Office
Department of the Air Force, Air Force Space Command, 21CONS (Bldg 350), Specialized Flight-IT, O&M, Tech Serv, IT Resources, 135 E ENT Ave STE 1055, Peterson AFB, Colorado, 80914-1385
 
ZIP Code
80914-1385
 
Solicitation Number
FA2517-11-T-6001
 
Archive Date
3/9/2011
 
Point of Contact
Ashley Taylor, Phone: 7195564886
 
E-Mail Address
Ashley.Taylor.2@peterson.af.mil
(Ashley.Taylor.2@peterson.af.mil)
 
Small Business Set-Aside
N/A
 
Description
Additional questions and answers received as of 16 February 2011: Q: We request your consideration for DFAR clause 252.225-7012 Preference for Certain Domestic Commodities) to be removed from the solicitation's terms and conditions. Many of the items requested are brand-specific and do not satisfy the Berry Amendment. This same equipment was previously supplied without the DFAR clause in effect. A: DFARS 225.7002-3(a) prescribes the use of 252.225-7012, Preference for Certain Domestic Commodities, in solicitations and contracts exceeding the simplified acquisition threshold unless an exception applies. One of the exceptions, under 252.225-7012(c)(5), states this clause does not apply "To chemical warfare protective clothing produced in a qualifying country". The qualifying countries are provided in para 225.7012(a)(3); therefore, while the clause is required in the solicitation, the quote submitted will be in compliance with the clause as long as the equipment is produced in the U.S. or a qualifying country. During the draft solicitation phase, all of the brand name specific items were analyzed and changed in the final solicitation manufactured in the U.S. Q: If the Berry Amendment is not removed, please be aware of the following non-compliance issues: a. CLINS 001 and 0002 - The DuPont Responder suit specified does not satisfy DFAR 252.225-7012. b. CLINS 004 and 0005 - The DuPont training suit specified does not satisfy DFAR 252.225-7012. The rear entry option, if selected, is Berry compliant. c. CLINS 0016 and 0017 - The DuPont suit specified does not satisfy DFAR 252.225-7012. d. CLINS 0020-0022 - The North butyl gloves are made in the USA but are not compliant with Berry. e. CLINS 0023-0025 - The Best nitrile gloves are made in the USA but are not compliant with Berry. A: Per DFAR clause 252.225-7012, paragraph (c)(5), the clause does not apply to chemical warfare protective clothing produced in a qualifying country. a., b., and c. The DuPont suits are made in the USA with components from qualifying countries and therefore the garments are in compliance with the clause. d. and e. Because the gloves are made in the USA they comply with paragraph (b) of DFARS 252.225-7012. Q: Buy America Act and Balance of Payments Program - The DuPont items that do not satisfy DFAR 252.225-7012 do not satisfy DFAR 252.225-7001 in the event DFARS 252.225-7012 is removed. A: Per FAR 12.505(a)(1), the component test of the Buy American Act does not apply to the acquisition of commercial off the shelf items. It also states the same in FAR 52.225-1(b) and DFARS 252.225-7001(b). So as long as the gloves are manufactured in the USA it does not matter where the components originate from.
 
Web Link
FBO.gov Permalink
(https://www.fbo.gov/spg/USAF/AFSC/21CONSb365/FA2517-11-T-6001/listing.html)
 
Record
SN02383129-W 20110219/110217234937-53d8dedfa609daae2a1dc4dead414bb7 (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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