23Q0049 Combined Synopsis.pdf

COMBINED SYNOPSIS & SOLICITATION

United States Embassy Kyiv, Ukraine

Supply and delivery of new Driving Simulators for the Patrol Police Academies, Ukraine

SOLICITATION NO. 19GE5023Q0049

Issued by:

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

April 27, 2023

Combined Synopsis and Solicitation Solicitation Number 19GE5023Q0049

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

Supply and delivery of new Driving Simulators – Brand Name or Equal to the U.S. Embassy Kyiv, Ukraine 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 19GE5023Q0049 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 2023-02, effective March 16, 2023.

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

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 Bureau of International Narcotics and Law Enforcement assists the Government of Ukraine in improving its law enforcement agencies’ effectiveness. As a part of this mission, INL supports the Patrol Police Academies across Ukraine. Defensive driving training is part of the Patrol Police Academy curriculum, and it requires special simulating equipment. Currently, the Rivne and the Kryvyi Rih Patrol Police Academy is seeking assistance in the procurement of driving training equipment.

Requirements: The proposed equipment must meet or exceed the requirements specified below.

The requested driving simulators must be new, high-quality, officially imported to Ukraine or made in Ukraine, and come with minimum 1-year warranty with on-site maintenance. The offer must include the costs of manufacturing, customs clearance (if applicable), and assembly of the equipment.

This is a technical assistance project so no tax or custom fees are applied (project registration documents will be provided to vendors upon request).

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, Repair and Maintenance

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

All Items should come with at least a 1-Year warranty with on-site maintenance and guarantee of quality.

Maintenance is to be done on-site directly at each location.

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.

Note: The Contractor shall provide a local representative/partner in Kyiv, Ukraine as he will be responsible for the on-site Maintenance and Warranty as mentioned above.

Delivery:

Delivery shall be made f.o.b. destination as soon as possible but not later than sixty (60) days from the date of contract award and to the below addresses according to the distribution provided in CLIN description.

Full destination services (shipping, custom clearance, temporary warehousing, local delivery, loading/offloading at final destination) should be included to the contract price.

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

Delivery shall be made to:

Local delivery address 1:

Kryvyi Rih Patrol Police Academy 7th Zarichnyi Street Kryvyi Rih, Dnipropetrovsk oblast, Ukraine

Local delivery address 2:

Rivne Patrol Police Academy 90 Barona Shteynelya Street Horodok village, Rivne oblast, Ukraine

Partial delivery is not acceptable.

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.

Coordination:

The Contractor shall coordinate the delivery with the Point of Contact. Upon award POC information will be provided.

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 Kyiv, Ukraine. The payment(s) to the Contractor shall be made following satisfactory inspection and acceptance of products the Office of INL in Kyiv.

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, 52.203-18; 52.204-7; 52.204-13; 52.204-16; 52.204-18; 52.211-6; 52.204-23 52.204-25;

52.209-9; 52.214-34; 52.225-12; 52.225-13; 52.225-17; 52.232-40; 52.246-2; 52.247-34;

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

652.247-71. [U.S Based Company: 652.229-70].

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

52.203-6; 52.204-10; 52.209-6; 52.222-19; 52.222-50; 52.223-18; 52.225-13; 52.232-33; [U.S Based Company: 52.222-21; 52.222-26; 52.222-36].

Addendum to FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (Dec 2022)

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:

52.204-24 - Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of 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—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) 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.

Nothing in the prohibition shall be construed to— (i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) 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, 2020, from entering into a contract or extending or renewing a contract with an entity that uses 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. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to— https://www.acquisition.gov/content/regulations https://www.acquisition.gov/content/52204-26-covered-telecommunications-equipment-or-services-representation#id19CAC0P0ESS https://www.acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items#i1060550 https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C

(i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot 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—

(1)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. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and (2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment— (A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii)For covered services— (A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or https://www.sam.gov/

(B)If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment— (A)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);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii)For covered services— (A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B)If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

Addendum to FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (Nov 2021)

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.

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 Instructions to Offerors - Commercial Products and Commercial Services (March 2023)

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

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

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

VOLUME I:

1. PRICING

(i) The offeror shall complete the table below:

Line Item

Description Unit of

Issue

Quantity Unit Cost Total Cost

001 ROLLOVER SIMULATOR

For Delivery Location:

Rivne Patrol Police Academy

Ea 1

002 DRIFT SIMULATOR

Kryvyi Rih Patrol Police Academy

003 AIRBAG SIMULATOR

For Delivery Location:

1x for Rivne Patrol Police Academy and 1x for Kryvyi Rih Patrol Police Academies

Ea 2

004 MANUAL TRANSMISSION SIMULATOR

Kryvyi Rih Patrol Police Academy

005 VAT (if applicable)* Lot 1

006 Shipping and Handling to Rivne and Kryvyi Rih

Lot 1

TOTAL--FIRM-FIXED PRICE:

CURRENCY:

WARRANTY:

Delivery time in days from contract award:

* The INL section of the U.S. Embassy Kyiv, Ukraine is VAT exempted and can provide VAT exemption letter to local vendors upon award.

(ii) 52.212-3 Offeror Representations and Certifications - Commercial Products and Commercial Services (Dec 2022)

Offeror Representations and Certifications - Commercial Products and Commercial Services - 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 (v) of this provision in the attachment A.

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.

(B) A delivery confirmation stating delivery will be made latest within sixty (60) calendar days of award or earlier to the above stated delivery address, Kyiv, Ukraine or advise of a shorter delivery period.

(C) Warranty and on-site maintenance provisions: 1-Year warranty is implied and shall be included in the contract price.

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

https://www.sam.gov/portal

BRAND NAME OR EQUAL

REQURED SPECIFICATION

OFFERERED

SPECIFICATIONS

(TO BE COMPLETED

BY OFFERORS)

Item Qty Specifications

ROLLOVER

SIMULATOR

Brand Name Avto Delo Model Item No.

021:2015:3415000 0-3 (state classification) or equal

For Delivery Location:

Rivne Patrol Police Academy

1 • Simulates a rollover crash;

• Illustrates the effects of a rollover crash on unrestrained occupants;

• Teaches the rules of how to get out of a rolled over car;

• Spins on its own axis, up to 360 degrees;

• Electric rotating mechanism/engine;

• Rotation can be fixed at 90 degrees and 180 degrees;

• Stand equipped with a metal frame, a typical to Ukraine vehicle frame with basic interior.

DRIFT

SIMULATOR

Brand Name:

Avto Delo Model Item No.

021:2015:3916220 0-7 or equal

1 • Simulates drift on a front-wheel drive vehicle, even in low speed and dry road conditions;

• Consists of two identical devices on wheels, mounted in place of the rear wheels of a car;

• Designed to achieve the ideal position of a car to the ground;

For Delivery Location:

Kryvyi Rih Patrol Police Academy

• Wheels can be replaced if damaged.

AIRBAG

SIMULATOR

Brand Name:

Avto Delo Model Item No.

021:2015:391622 00-7 or equal

For Delivery Location:

one for Rivne and one for Kryvyi Rih Patrol Police Academies

2 • Trains students on modern airbag safety systems;

• Speed of airbag deployment: approx. 322 km/h;

• Approximate dimensions, HxWxD: 1.2x0.6x0.6 m.

MANUAL

TRANSMISSION

SIMULATOR

Brand Name:

Avto Delo Model Item No.

021:2015:391622 00-7 or equal

For Delivery Location:

Kryvyi Rih Patrol Police Academy

1 • Frame construction of the driver's workplace with mechanical elements and car control units;

• Designed to develop the correct motor skills of controlling the steering wheel, pedals, gearbox and handbrake;

• Steering wheel rotating without restriction in both directions;

• Adjustable steering wheel position;

• 4-speed manual transmission simulator shifted with efforts similar to those of a real car;

• Parking brake simulator;

• Pedals simulating the location and stroke of manual transmission car pedals.

NOTE TO VENDOR

The Contractor shall provide a local representative/partner in Kyiv, Ukraine as he will be responsible for the on-site Maintenance and Warranty as mentioned above.

If applicable - manuals shall be provided in English and Ukrainian.

SUBMISSION OF OFFERS:

The complete offer submission shall include:

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

(2) Volume II: Technical Capability – Descriptive literature, a delivery confirmation, warranty and on-site maintenance provisions, 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 1500 hrs Central European Time (CET) on May 3, 2023 via email to Ms.

Nadja Reinmüller at ReinmuellerNU@state.gov.

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

19GE5023Q0049”.

Offer due date:

Offers shall be submitted as soon as possible but not later than 1500 hrs Central European Time (CET) on May 10, 2023 via email to Ms. Nadja Reinmüller at ReinmuellerNU@state.gov and FrankfurtRPSO@state.gov.

The email subject line must read “Solicitation 19GE5023Q0049”. 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.

{END OF SOLICITATION}

mailto:ReinmuellerNU@state.gov mailto:ReinmuellerNU@state.gov mailto:FrankfurtRPSO@state.gov