Attachment A - RFQ SOW.pdf

INL/ Kyiv, Ukraine 191NLE26Q0132 Request for Quote

Ammunition

SECTION 1

SOLICITATION CONSIDERATIONS

1.1 SYSTEM FOR AWARD MANAGEMENT

This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to FAR 4.1102 and other applicable regulations and guidelines. Information can be found at www.sam.gov.

1.2 UNAUTHORIZED DISCLOSURE

The Contractor and its employees shall exercise the utmost discretion concerning all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract, which has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer.

All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use and become the exclusive property of the U.S Government. Furthermore, no article, book, pamphlet, email, recording, broadcast, speech television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

See FAR 3.104 for additional information.

(Rest of Page Intentionally Left Blank)

SECTION 2

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS/RESPONDENTS

SUBMISSION INFORMATION PERTAINING TO REQUEST FOR QUOTE

2.1 INFORMATION TO CONTRACTOR

Contractors are reminded that information furnished under this Request for Quote (RFQ) may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business or that contain trade secrets or proprietary or personnel information must be clearly marked. Marking of items shall not necessarily preclude disclosure when Department of State (DOS) determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents shall be deemed releasable.

2.2 QUESTIONS CONCERNING THE REQUEST FOR PROPOSAL

Offerors are warned against contacting any INL personnel other than the Contracting Officer and Contract Specialist prior to award of the Contract resulting from this RFQ. If such contact occurs and found to be prejudicial to competing vendors, the vendor making such a contact may be excluded from award consideration.

2.3 CONTRACTOR RELATIONSHIPS

The Department of State (DOS) encourages the use of subcontractors. In addition, the Department requires that any potential Organization Conflict of Interest be identified in the proposal to ensure proper firewalls established prior to award.

2.4 MULTIPLE PROPOSALS/ALTERNATIVE SOLUTIONS

Contractors shall not submit, nor shall the Government accept or evaluate, multiple proposals offering alternative solutions. Contractors shall not submit, nor shall the Government accept or evaluate, multiple solutions within one proposal.

2.5 PERIOD OF ACCEPTANCE OF OFFERS

Contractors shall agree, if the proposal is accepted within ninety (90) calendar days (unless a greater period is inserted by the contractor) from the date specified in the solicitation for receipt of proposals, to furnish any or all of the requirements upon which prices are proposed at the price set opposite each item, performed and/or delivered at the designated point(s) within the time specified.

2.6 SPECIFIC SUBMISSION INSTRUCTIONS

Quotes MUST include the following in a separate Attachment to be considered compliant:

• PRICE: unit and extended prices, in USD. Please include in separate Attachment.

• DELIVERY DATE: Proposed delivery date(s).

• DESCRIPTION: Description/nomenclature of the item being quoted; product literature may be provided. Quotation must demonstrate compliance with all required features.

Also include description of warranty terms.

• EXPORT COMPLIANCE EXPERIENCE: Description of export compliance experience specific to weapons.

• PAST PERFORMANCE: A list of at least three (3) contracts of similar or superior characteristics to those of this project, with a value greater than USD $50,000 each. The list shall include contact information (name, organization, email, and phone) and limited to no more than five (5) references.

• PICTURES: Pictures or catalog of items quoted should be sent as attachment.

SECTION 3

STATEMENT OF WORK (SOW)

3.1 BACKGROUND

The Bureau of International Narcotics and Law Enforcement Affairs (INL) supports partner nation police units. This acquisition will help equip specific units with ammunition required to defend themselves and carry out law enforcement duties.

The requested ammunition will be used by Law Enforcement personnel during life threatening deadly force encounters and therefore reliability, durability, accuracy and proper function are paramount. The ammunition must be compatible and interoperable with U.S. provided weapons that include M4 Patrol rifles and duty handguns in service.

3.2 TECHNICAL SPECIFICATIONS

Line # Description Quantity

5.56mm 62gr M855 20rnd Carton / Mil Spec & Mil Pack - Marking Green Tip, DODIC A059 10 round clip, military packaging or equal

3,000,000 rounds

2 9mm 124 GR FMJ M882 DODIC A363: Military packaging, can in crate

1,000,000 rounds

3 M855 62 gr Linked ammunition, NO TRACERS. DODIC A062 2,500,000 rounds

The offeror is responsible for obtaining all ammunition requested directly from the manufacturer, with no aftermarket parts/non-manufacturer parts incorporated in the weapons offered, 100% manufacturer assembly of all parts/components/equipment. The offeror is fully responsible for the delivery of safe, fully operational and complete ammunition.

The offeror shall provide a full one-year manufacturer warranty.

Ammunition shall be manufactured to/comply with US Military specifications DODICs and manufacturer will supply certification of testing to support quality assurance plan and applicable ISO 9001:2008 certification.

Prior to shipment of the ammunition to Ukraine an INL US advisor may execute a factory visit to inspect and review testing data.

3.3 APPLICABLE DOCUMENTS

Material Safety Data sheets (MSDS) shall be delivered for the ammunition.

3.4 DELIVERY (SHIPPING AND HANDLING INSTRUCTIONS

All items can be picked up at vendor location by State Department freight forwarder, DFS.

Freight Forwarder Information and POC will follow after award and coordinated by the COR.

Vendor may also ship ammunition to dangerous goods (DG) packer and DFS can coordinate pick up from this location.

The Contractor shall consolidate the entire shipment to prevent loss and misdirection. The contractor, upon notification, shall replace any lost or damaged items during shipment, partial deliveries will be accepted.

The items being acquired shall be donated to the government of the ultimate destination, Ukraine. The contractor shall ensure that all items are prepared for safe shipment and include all necessary export approvals, required material data safety sheet, licenses, and paperwork. One copy of the packing list and commercial invoice must accompany the shipment in each pallet, attached to the outside of the “lead” or number one box/carton/package, or individually attached to the outside of each box/carton/package.

Marking and packing guidelines.

All boxes shall be marked clearly as follows:

US Embassy KYIV, UKRAINE- INL Order No. (Insert) Box #__ of __ (if applicable) Description:

End-User:

ATTN: INL/KYIV

(Improperly marked shipments may be rejected by the Government)

Each end-user will have a unique label color that will be coordinated with COR during contract kick off meeting.

PLEASE NOTE:

All orders are ultimately intended for an overseas destination. If the shipment contains wood packaging material, the packing and palletizing must conform to the International Standard for Phytosanitary Measures Publication No. 15: “Guidelines for Regulating Wood Packaging Material in International Trade” (ISPM 15) and have the appropriate markings indicating that the packing materials meet this standard. Any deliveries arriving at our indicated domestic delivery address that do not meet these standards will be rejected and shall be corrected at the contractor’s expense.

3.5 SOLICITATION CONSIDERATIONS

The Contractor certifies that it is an authorized distributor of the product being sold to the Department of State and that it has the certification/specialized level required by the manufacturer to support both the product sale and product pricing in accordance with applicable manufacturer certification/specialization requirements.

New equipment ONLY, NO grey market or refurbished products. Items must be in original packaging, never used, and not altered in any way. All components/parts of the requested equipment must be manufacturer-approved and may not be compatible, remanufactured, or refurbished component/part. All items must be covered by manufacturer’s warranty and procured through a manufacturer approved distribution channel. Contractor shall document their ability to provide items through manufacturer approved distribution channels upon request.

3.6 TYPE OF CONTRACT

This is a Firm-Fixed Price (FFP) purchase order. The FFP price shall include all direct and indirect costs, profit, export license, shipping/delivery charges (if any), and any and all insurances. No additional sums will be payable on account of any escalation in the cost of materials, equipment or labor, or because of the Contractor’s failure to properly estimate or accurately predict these prices or difficulty of achieving the results required by this contract. The price will not be subject to adjustment after award nor will be adjusted on account of fluctuations in the currency exchange rates.

3.7 WARRANTY

To facilitate expeditious return of warranty items and to avoid delays in the warranty process, the offeror shall provide within 30 days of notification of a warranty action the required information to facilitate shipping of warranty items to manufacturer. This includes, but is not limited to, information to ensure full compliance with ITAR regulations.

3.8 CUSTOMS CLEARANCE AND TAX EXEMPTIONS

If applicable, the U.S. Government will assist the Contractor in obtaining customs clearance and tax exemption certificates from the Government of Ukraine.

3.9 EXPORT LICENSE

The Contractor shall comply with Sections 38-40 of the Arms Export Control Act (AECA) (22 U.S.C. 2778-2780) and the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-

130) as required, for the prosecution of work under this contract at no additional cost to the Government. Failure to be in compliance with AECA and ITAR by date planned for commencement of contract performance as well as during the entire performance of work under this contract may result in contract termination. Any penalties rendered to the Contractor, as a direct result of being found non-compliance with AECA and ITAR will be the responsibility of the Contractor. For additional information on AECA and ITAR, see http://www.pmddtc.state.gov/.

3.10 INSPECTION AND ACCEPTANCE

Vendor will provide random lot testing of ammunition conducted during the production phase.

Vendor will provide Lot information. Packing weights will be provided in kilograms and pounds to INL.

The INL logistics team shall assign and inventory sticker on all non-expendable items, with an assigned INL serial number that facilitates End Use Monitoring.

A factory visit may be conducted by INL COR to evaluate quality assurance, quality control, shipping control, physical inspection of randomly selected finished items prior to shipping.

3.11 PERIOD OF PERFORMANCE (POP)

Performance period for this contract will be no more than 270 calendar days from the date of award.

3.12 EVALUATION FACTORS FOR OFFERORS

INL reserves the right to reject a quotation that is technically unacceptable, unreasonably high in price, or missing required information.

To be considered for award, the contractor must be determined by the Contracting Officer to be responsible in accordance with the standards described in FAR 9.104-1.

After initial evaluation of quotes, the Contracting Officer may negotiate final terms with one or more contractors of the Government’s choice before issuing an award. The Contracting Officer will not negotiate with any contractors other than those of the Government’s choice and will not use the formal source selection procedures described in FAR Part 15. The Government may perform a comparative evaluation to select the contractor that provides the Best Value, considering the evaluation factors below.

The Contracting Officer may issue an award to other than the contractor with the lowest proposed price.

The following factors shall be used to evaluate quotes:

1) Technical Specifications: Proposal must meet or exceed required technical specifications. Compliance with all technical specifications

- Quality control documentation (ISO 9001:2008)

2) Delivery Timeline.

3) Export Compliance Experience: The entity demonstrating export compliance experience specific to weapons.

4) Past Performance: INL/Kyiv values direct past performance in weapons which demonstrates export compliance expertise and with deliveries to Ukraine.

5) Price: The overall price will be considered, and the lowest price is favorable.

The offer conforms to the requirements found within the solicitation and its attachments and provides the necessary information required within its contents.