21Q0066 Solicitation - orig. signed.pdf

COMBINED SYNOPSIS & SOLICITATION

United States Embassy Beirut, Lebanon

Supply and delivery of new Information Branch Equipment – Brand name or equal

SOLICITATION NO. 19GE5021Q0066

Issued by:

American Consulate General Regional Procurement Support Office Giessener Strasse 30 60435 Frankfurt am Main Germany

August 11, 2021

Combined Synopsis and Solicitation Solicitation Number 19GE5021Q0066

The American Consulate General Frankfurt hereby provides the following Combined Synopsis and Solicitation for:

Supply and delivery of new Information Branch Equipment – Brand Name or Equal to the U.S. Embassy Beirut, Lebanon on behalf of the Bureau of International Narcotics and Law Enforcement Affairs (INL). All interested sellers shall review the attached pages of this solicitation and offer equipment in accordance with the specification provided in this document.

The evaluation of offers will be based on the Lowest-Priced, Technically Acceptable (LPTA) approach. It is the offeror’s responsibility to prove that the equipment it is offering meets or exceeds the requested specifications.

Synopsis:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. The solicitation number is 19GE5021Q0066 and is issued as a Request for Quotations (RFQ), unless otherwise indicated herein. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2020-06, effective July 12, 2021.

US CONSULATE GENERAL

Regional Procurement Support Office

Giessener Strasse 30 60435 Frankfurt am Main

Germany

Tel: (49) 69 7535 3332 E-mail: ReinmuellerNU@state.gov

Au

Contract Type:

The Government intends to award a single, firm fixed-price contract to the responsible offeror whose offer is evaluated as the lowest-priced and technically acceptable. The total price shall include all labor, equipment, delivery charges, materials, overhead, profit, insurance, warranty, customs clearance, and all other expenses necessary to deliver the required supplies. No additional sums will be payable on account of any escalations in the cost of materials, equipment, or labor, or because of the Contractor’s failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract. Nor will the contract price be adjusted on account of fluctuations in currency exchange rates.

Term of Contract:

This ensuing contract shall be effective from the date of the Contracting Officer’s signature and shall remain valid until all items are received and accepted by the Government.

Compliance with Specifications:

Offerors shall also provide with their offer, at a minimum, existing product literature substantiating the acceptability of their offered product in accordance with this solicitation’s specifications provided in the solicitation. Failure to provide this information will result in a ‘non- responsive’ offer and removal from award consideration.

Descriptive Literature Required:

Definition: (a) "Descriptive literature" means information (e.g., cuts, illustrations, drawings and original manufacturers' brochures) that is submitted as part of an offer. Descriptive literature is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as (1) design;

(2) materials; (3) components; (4) performance characteristics; and (5) methods of manufacture, assembly, construction, or operation. The term includes only information required to determine the technical acceptability of the offered product. It does not include other information such as that used in determining the responsibility of a prospective contractor or for operating or maintaining equipment. (b) Descriptive literature must be (1) identified to show the item(s) of the offer to which it applies and (2) received by the time specified in this solicitation for receipt of offers. (c) Data displaying more than one model or size shall be clearly marked so as to indicate the specific item being offered. (d) Offers which do not present sufficient information to permit complete technical evaluation by the Government may be rejected. It is the offeror’s responsibility to prove that their proposed solution meets the requested specifications, subject to any limitations elsewhere in this solicitation.

Background:

The INL section of the US Embassy in Beirut – Lebanon, in support of the Internal Security Forces of Lebanon, is requesting assistance to procure forensics and crime scene investigation equipment for the Information Branch. These will be used to help the end user (The Internal Security Forces of Lebanon – Information Branch) to identify and collect forensics and crime scene evidence and maintain proper chain of custody of the collected evidence.

Scope Statement

The vendor shall provide these items to the end user (The Internal Security Forces of Lebanon) and will be used by the Information Branch.

Basis of Price:

The price of all items shall include their transportation f.o.b. destination to the designated delivery point in accordance with FAR 52.247-34. All or Nothing: The Government is allowing complete offers for all items. Offers failing to meet this condition may be rejected.

Warranty:

The Contractor shall provide a copy of standard warranty information unless indicated otherwise.

The warranty applies as of the date the items are received and accepted at the delivery location.

The price for warranty shall be included in the price for each item.

Warranty minimums:

Minimum of 1 (one) year

Delivery:

Delivery shall be made f.o.b. destination as soon as possible but not later than ninety (90) days from the date of contract award.

The offeror shall state their proposed days of delivery in Volume I – Pricing.

Delivery shall be made to:

Ship to: / Consignee:

International Narcotics and Law Enforcement Office – INL American Embassy Gemayel Str. Antelias El Metn, Beirut 70840 Lebanon Tel: +961-4-542600 E-mail : manassail@state.gov

Notify Party Name and Address:

American Embassy Mr. Isac Manassa Tel: +961-4-542600 Ext. 4570 / Cell: +961-3-117598 C/O Internal Security Forces of Lebanon Attn: Colonel Issam Takkoush Tel: 70-242324 E-mail : manassail@state.gov

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.

The items being acquired will be donated to the government of the ultimate destination INL/Beirut. 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, airway bill (AWB) and commercial invoice must accompany the shipment, 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:

All boxes shall be mark as followed (i.e. please see below) with clear visibility.

ATTN: Mr. Isac Manassa INL/Beirut Section Information Branch equipment PO number (to be advised at time of award)

Condition of Delivered Equipment:

Only new supplies are authorized; no grey market or refurbished products. All items must be in original packaging, never used, and not altered in any way.

Inspection and Acceptance

The final inspection and acceptance of ALL items shall be performed by the U.S. Government upon their arrival at the customs facility in Beirut, Lebanon. The payment(s) to the Contractor shall be made following satisfactory inspection and acceptance of products the Office of INL in Beirut.

List of Attachments

Attachment 1 – Past Performance Attachment 2 – Equipment-List

APPLICABLE CLAUSES AND PROVISIONS

The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference:

FAR 52.212-1, Instructions to Offerors - Commercial Items applies to this acquisition;

FAR 52.212-3 - Offeror Representations and Certifications - Commercial Items – to be completed with other certifications and submitted with the offer;

FAR 52.212-4, Contract Terms and Conditions - Commercial Items, 52.204-7; 52.204-13; 52.204-16; 52.204-18; 52.204-25; 52.211-6; 52.225-12; 52.225-13;

52.232-40; 52.246-2; 52.247-34; 52.225-17

DOSARS: 652.225-70; 652.225-71; 652.232-70; 652.242-73; 652.243-70; 652.247-70.

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (JUL 2021) - the applicable clauses under paragraph (b) are:

52.203-6; 52.203-13;52.204-10; 52.209-6; 52.209-9; 52.222-19; 52.222-21; 52.222-26;

52.222-35; 52.222-37; 52.222-50; 52.223-15; 52.223-18; 52.225-13; 52.232-33.

Addendum to FAR 52.212-4 Contract Terms and Conditions – Commercial Items (Oct 2018) (Deviation 2017-02)

The whistleblower protection of 41 U.S.C 4712 has been removed from paragraph (r) of FAR clause 52.212-4. The following revised paragraph applies:

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(End of Clause)

The full text of the referenced FAR and DOSAR clauses may be accessed electronically at https://www.acquisition.gov/content/regulations.

The following and provision(s) are provided in full text:

Addendum to 52.212-2 Evaluation – Commercial Items (Oct 2014)

The Government will award a contract resulting from this solicitation to the responsible offeror (as determined within the meaning of FAR Part 9, paragraph 9.104), whose offer conforms to the solicitation and is determined to be the most advantageous solution to the Government, price and other factors considered. Evaluation will be based on offeror’s submission and the provision at FAR 52.212-2, as provided in this solicitation.

The Government reserves the right to award without any discussions. The following factors shall be used to evaluate offers:

(a) The following factors shall be used to evaluate offers:

(i) Price The price will be evaluated by the lowest aggregate sum of the items including any delivery charges, custom clearance, handling charge, Value Added Tax (if applicable) etc.

(ii) Technical Capability/Acceptability

Technical capability is equal to price.

(b) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(iii) Past Performance (see FAR15.304);

(c) Technical capability and past performance, when combined, are more important than price.

However, between proposals that are evaluated as substantially equal in terms of Past Performance and Technical Capability, Price will be the major factor in selecting the successful offeror.

(End of provision)

52.211-6 Brand Name or Equal (Aug 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must-

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by-

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

52.214-34 Submission of Offers in the English Language (Apr 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

(End of Provision)

52.225-17 Evaluation of Foreign Currency Offers (Feb 2000)

If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using [Contracting Officer to insert source of rate] in effect as follows:

(a) For acquisitions conducted using sealed bidding procedures, on the date of bid opening.

(b) For acquisitions conducted using negotiation procedures-

(1) On the date specified for receipt of offers, if award is based on initial offers; otherwise

(2) On the date specified for receipt of proposal revisions.

Addendum to FAR 52.212-1 Instruction to Offerors – Commercial Items (Jul 2021)

Pursuant to FAR 12.302(d), the provision at FAR 52.212-1, Instruction to Offerors – Commercial Items (Jul 2021) is augmented as follows:

1) The period of acceptance of offers is herewith changed to sixty (60) calendar days.

2) Experience and Past Performance – Attachment 1

3) Preparation of Offers - Offerors shall prepare and submit its offer in two (2) volumes as set forth below:

VOLUME I:

1. PRICING

The offeror shall complete the tables below:

Line Item

Description Unit of Issue

Quantity Unit Cost Total Cost

001 Information Branch Equipment As per Equipment-List attached

Ea 1

002 Support and Training As per Equipment-List attached

Lot 1

003 Defense Base Act (DBA) Insurance, if applicable*

Lot 1

004 VAT, if applicable Lot 1

005 Shipping and Handling to Beirut Lot 1

TOTAL--FIRM-FIXED PRICE:

CURRENCY:

Delivery time in days from contract award:

Warranty:

*DBA INSURANCE:

The Contractor, at own expense, shall provide and maintain during the entire period of performance or work detailed in the purchase order, whatever insurance is legally necessary under the laws and statutes of the applicable country. For those Contractor employees assigned to this contract who are either United States Citizens or hired in the United States or its possessions, the Contractor shall provide worker’s compensation insurance. The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to any property of the Contractor, its officers, agents, servants, and employees, or any other person, arising from an incident to the Contractor’s performance of the work detailed in individual purchase orders. The Contractor shall hold harmless and indemnify the Government from any and all claims arising therefrom, except in the instance of gross negligence on the part of the Government.

Lebanon is not on the Department of Labor’s (DOL) Active DBA Waivers list.

(i) DEFENSE BASE ACT - COVERED CONTRACTOR EMPLOYEES UNDER THE

DEFENSE BASE ACT

(a) Offerors shall indicate below whether or not any of the following categories of employees will be employed on the resultant contract, and, if so, the number of such employees:

Category Yes/No Number

(1) United States citizens or residents

(2) Individuals hired in the United States, regardless of citizenship

(3) Local nationals or third country nationals Local Nationals: _____

Third Country Nationals: ____

For U.S. contract’s services performed overseas with the above categories of employees (1), & (2) DBA insurance is required and must be included regardless of the employee’s country of residence.

For employees listed in category (3), DBA may / may not be required for Local nationals or third country nationals.

Vetting before Award

Offerors are advised that successful passing of vetting is a condition of award.

Before award can me made offerors may be asked to submit information required by DS Form 4184, Risk Analysis Information about their company and its “key individuals. Failure to submit information when requested, or failure to pass vetting, may be grounds for rejecting your proposal.

(ii) 52.212-3 Offeror Representations and Certifications—Commercial Items (Feb 2021) Offeror Representations and Certifications - Commercial Items - the selected offeror must submit a completed copy of the listed representations and certifications. A completed copy of these provisions MUST be included on the System for Award Management (SAM) web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision— “Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

VOLUME II:

1. TECHNICAL CAPABILITY

The proposed supplies shall meet all of the minimum technical specifications and the delivery terms contained herein. In addition, the offeror shall provide:

(A) Descriptive Literature if offering other than the named brand.

(B) A delivery confirmation stating delivery will be made latest within ninety (90) calendar days of award or earlier to the Bureau of International Narcotics and Law Enforcement Affairs, Beirut, Lebanon or advise of a shorter delivery period.

(C) Warranty provisions: Standard warranty is implied and shall be included in the contract price.

(D) Past Performance (Attachment 1)

(E) Technical Compliance Matrix (Brand Name or Equal):

BRAND NAME OR EQUAL

REQURED SPECIFICATION OFFERERED SPECIFICATIONS (TO BE

COMPLETED BY OFFERORS)

001 RStudio Technical Brand name R-Tools Technology or equal see Attachment 2

002 PC-3000 UDMA Raid System

(HARDWARE + 2 YEARS SUPPORT)

Brand name ACE Laboratory or equal

003 PC-3000 SSD

(ADAPTER + 2 YEARS SUPPORT)

004 PC-3000 Mobile

(HARDWARE + 2 YEARS SUPPORT)

005 eMMC-NAND Reconstructor (Software + adapters + support) Brand name ruSolut or equal

006 Recon MAC Triage Imaging Full Forensic Suite and MAC Mini Bundle Brand name SUMURI or equal

007 Blacklight (Analyst Solution) Brand name Blacklight or equal

008 Encase Forensic 8 (2 Years License + Training for4 Persons)

Brand name DIGITAL INTELLIGENCE or equal

009 DVR Examiner Software (2 Years License) Brand name DMEFORENSICS or equal

010 VIPs for DVR FORENSICS (3 Years License) Brand name Salvation Data or equal

011 BERLA For Vehicle Forensics:

iVe ecosystem toolkit 3 years license Training for 2 Persons

Brand name BERLA or equal

012 Data Recovery Tools:

Brand name HddSurgery or equal see Attachment 2

Head Replacement Tools:

HDDS WDC BB/BD/JB/JD P1

HDDS Sam & Tshb 2.5'' Ramp Set HDDS WD Black 2.5''-3.5'' Ramp Set HDDS Sea 3.5'' Ramp 4A Sea 2.5'' Slim Set WD 2.5'' Slim Set HDDS Sea 2.5'' Ramp Set 2

Data Recovery Accessories:

WD Slim Unlock Key

013 TENORSHARE ReIBoot Pro (Unlimited License) Brand name Tenorshare or equal

014 Forensic Explorer (Live Boot) + 2 Years Support Brand name GetData or equal

015 Hook and line set Brand name SCOPEX or equal

016 Crime scene investigation set As per Attachament 2 Equipment List Brand name MED-ENG or equal

NOTE FOR ALL CLINS: Kaspersky products will not be accepted.

SUBMISSION OF OFFERS:

The complete offer submission shall include:

(1) Price Offer, Representations and Certifications – Volume I

(2) Technical Capability – Volume II – Descriptive literature, a delivery confirmation, warranty provisions, past performance and completed Technical Compliance Matrix.

Submission of Questions:

Interested parties may submit any questions concerning the solicitation as soon as possible but not later than 15 hrs Central European Time (CET) on August 25, 2021 via email to Ms.

Nadja Reinmüller at ReinmuellerNU@state.gov.

Late questions may not be considered. The email subject line must read “Solicitation

19GE5021Q0066”.

Offer due date:

Offers shall be submitted as soon as possible but not later than 1500 hrs Central European Time (CET) on September 8, 2021 via email to Ms. Nadja Reinmüller at ReinmuellerNU@state.gov and FrankfurtRPSO@state.gov.

The email subject line must read “Solicitation 19GE5021Q0066”. The size shall not exceed 20MB and the email shall not include any zipped files (.zip/.rar).

Late submissions shall not be considered.

Applicable laws and regulations: Solicitation and award will be subject to laws and regulations of the United States of America.

Eric, Moore

Original signed

Contracting Officer

{END OF SOLICITATION}