Live X Powder Projectiles and Inerts (Mfg. PepperBall)

Solicitation / RFP / RFQ

This document is a "DEA PROVISION & CLAUSE MATRIX - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES" updated through FAC 2024-07. It outlines various provisions and clauses incorporated by reference or in full text that are applicable to solicitations for commercial products and services. It serves as a guide for offerors to understand the terms and conditions of potential contracts.

• Solicitation Provisions: Includes provisions such as "UNIQUE ENTITY IDENTIFIER," "SYSTEM FOR AWARD MANAGEMENT," "COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING," "INFORMATION REGARDING RESPONSIBILITY MATTERS," "CERTIFICATION REGARDING TAX MATTERS," "BRAND NAME OR EQUAL," "INSTRUCTIONS TO OFFERORS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES," and "EVALUATION-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES." Specific clauses related to representations regarding telecommunications and video surveillance services/equipment are also detailed.

• Contract Clauses: Incorporates numerous clauses by reference, covering areas like "PREVENTING PERSONAL CONFLICTS OF INTEREST," "CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS," "PERSONAL IDENTITY VERIFICATION," "SYSTEM FOR AWARD MANAGEMENT MAINTENANCE," "BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS," "PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT," and "PROHIBITION ON A BYTEDANCE COVERED APPLICATION."

• Terms and Conditions: Includes "TERMS AND CONDITIONS-COMMERCIAL ITEMS" with specific deviations and additions, covering aspects like patent indemnity, prompt payment, order of precedence, and unauthorized obligations.

• Other Clauses: Addresses various other requirements including "CONTRACTOR PERFORMANCE ASSESSMENT," "INVOICE REQUIREMENTS," "CONTRACTOR RECORDS MANAGEMENT REQUIREMENTS," "TELECOMMUTING AND REMOTE WORK ARRANGEMENTS," and "PERSONNEL SECURITY REQUIREMENTS."

• The document references "SOLICITATION #: 15DDHQ26Q00000123."

• It details various FAR (Federal Acquisition Regulation) and JAR (Justice Acquisition Regulation) clauses.

• The "EVALUATION-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES" provision (52.212-2) outlines that the award will be made to the responsible offeror whose offer is most advantageous, considering price and other factors. The specific evaluation factors will be inserted by the Contracting Officer.

• Offerors are instructed to complete and return representations and certifications electronically in the System for Award Management (SAM).

• Various clauses related to small business concerns, HUBZone, Service-Disabled Veteran-Owned Small Business, Economically Disadvantaged Women-Owned Small Business, and Women-Owned Small Business concerns are listed, indicating potential set-aside opportunities.

• Offerors are cautioned that the listed provisions may include blocks that must be completed and submitted with their quotation or offer.

• The full text of provisions and clauses may be accessed electronically at https://www.acquisition.gov/far-smart-matrix.

Limited Sources Documentation

This document provides justification for a limited source acquisition, indicating that only one source is reasonably available to meet the government's requirements. The acquisition is for Live-X Projectiles and Inerts, specifically PepperBall® 375ct LIVE-X RND PAVA(OC) Powder Projectiles and PepperBall® 375ct INERT™™ RND Powder Projectiles.

• Supplies:

  • 77 units of PepperBall® 375ct LIVE-X RND PAVA(OC) Powder Projectiles (Part No: 104_81_0375)
  • 75 units of PepperBall® 375ct INERT™™ RND Powder Projectiles (Part No. 100_84_0375)

• Intended Use: For use within the DEA Field Offices and laboratories.

• Purchase Request Number: D-26-OD-0029

• Estimated Amount: $101,000 (inclusive of options)

• Period of Performance: 07/31/2026

This document is a justification for limited sourcing, not a solicitation. It indicates that market research found PepperBall's products to be the only brand meeting current DEA requirements due to unique characteristics and prior testing within their laboratory system.

Not applicable, as this is a limited source justification.

• The Contracting Officer certifies that only one source is reasonably available, the price will be fair and reasonable, and this documentation will be made available with the solicitation.