Dec19_SOW WEAPONS_M3kdm.docx

EMBASSY OF THE UNITED STATES OF AMERICA

U.S. Department of State Bureau of International Narcotics and Law Enforcement Affairs (INL) Kyiv, Ukraine

STATEMENT OF WORK (SOW)

DATE: December 5, 2024

PR NUMBER:

DESCRIPTION: WEAPONS FOR STATE BORDER GUARD SERVICE (SBGS)

PROGRAM: M3 MOBILE FIRING TEAM

RECIPIENT: STATE BORDER GUARD SERIVCE

1 BACKGROUND

The Bureau of International Narcotics and Law Enforcement Affairs (INL) is an instrumental leader in the development of policies and programs to combat international narcotics and crime. The requirement is to provide direct support to the mobile firing teams against airborne threats. This acquisition will help equip the partner nation with much needed M3 machine guns.

2 TECHNICAL SPECIFICATIONS

WEAPONS, MUNITIONS

Military specifications: acceptance and use by the U.S. Armed Forces / MIL-STD-810 Manufacturer: US Ordnance Model: M3D Caliber: .50 cal (12.7x99mm) NATO Effective Range: 6500 Meters Rate of fire: 950 RPM Weight: 81.6 lbs Barrel Length: 36 inches Key features Include Spare Barrel

BASIC ACCESSORIES

Cleaning Kit Operator Manual

Mk93 Dual Mount, Small Pintle w. M2 Ammo Cradle, Brass & Link Catch

Mk38 Vehicle Stand

MGS-M3X Optic or equal Dimensions (L x W x H): 330 x 110 x 110mm Weight: Approx 1.8 Kgs Lens Size: 82 x 48mm Field of View: 25 degrees Azimuth / Elevation Adjustment 0.5 MOA / Click Eye Relief: Unlimited Red Dot Size: 3 MOA LED Colors: Red & Green Selectable Night Vision: Compatible Brightness Adjustments: 13 settings (1 off, 1 auto, 10 manual) Magnification: 3X magnifier Power Supply: 1 type 123 3V Lithium Mounting: MIL- STD- 1913 rail

M3 Tripod, traversing and elevating (T&E) mechanism to fit US Ordnance MK19 and M2 / M3 weapons platforms – Part Number 29106

Barrett MK22/ AM338 Suppressor w/ adapter mount, rated 338 LM Length: 9.9” Diameter: 1.8” Weight: 1.3 lbs Sound Reduction: <140db Mount and Thread Patch: Barrett AM338 Muzzle Brake Adapter 3/4x24 Color: Black

The weapons shall have a manufacture engraved or permanently affixed scannable identification to facilitate inventory and Department of State mandated end use monitoring.

The offeror is responsible for obtaining all weapons 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 weapons systems and accessories.

• The offeror shall provide operator, maintenance manual and accessory kits, cleaning kits with each weapon and spare barrel kits as applicable.

• The offeror shall provide a full two-year manufacturer warranty.

• M3s shall be manufactured to/comply with US Military specifications MIL-W-13855D / MIL-STD 810 for acceptance, manufacturer must conform to requirements of ISO 9001:2008 (design and manufacture of rifles and machineguns), and manufacturer will supply certification of testing to MILSPEC and applicable ISO 9001:2008 certification. Delivery should include verification of MIL-W-13855D and ISO 9001:2008 compliance.

• Prior to shipment of the weapons to Ukraine an INL US advisor shall execute a factory visit to inspect and test the weapons.

2.2. SERVICE AND MAINTENANCE

All parts, accessories, service and repairs – if applicable for the above items shall be available in Ukraine and obtainable within reasonable period (10 year minimum).

2.3. APPLICABLE DOCUMENTS

Maintenance, operation and handling manuals shall be delivered for each weapon and each of its components.

2.4. TRAINING:

Will not be required.

2.5. KNOWLEDGE TRANSFER

The contractor shall transfer all required information of the weapons provided to the SBGS weapons technicians responsible for the safe operation and maintenance of the weapons upon acceptance of the donation by the Government of Ukraine.

This requirement shall comply at least with the following:

Offer the transfer of knowledge regarding weapons operation (list of courses together with their content).

3 DELIVERY (SHIPPING AND HANDLING INSTRUCTIONS)

The vendor is responsible for the delivery of all items listed above, technical specifications of items.

All items shall be picked up from vendor location by DFS.

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

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:

ATTN: INL/KYIV

(Improperly marked shipments may be rejected by the Government)

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.

3.1. SOLICITATION CONSIDERATIONS

The seller certifies that it is an authorized distributer of the similar 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. Unless otherwise specified, the Seller warrants that the products are 100% new, all accepted manufacture original parts and in their original box (es).

In addition to providing pricing for this solicitation, each Offeror must provide any required, NON-PRICING responses (e.g. technical proposal, representations and certifications, etc.) in a timely manner, received no later than the closing date and time for this solicitation (see Section 1 for due dates information).

All Quotes must be valid for 90 days from the closing date for this solicitation. No exceptions or qualifications. 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. Sellers must be able to document their ability to provide items through manufacturer approved distribution channels upon request.

The Seller confirms to have sourced all products submitted in this Quote from manufacturer-approved channels for Federal sales, in accordance with all applicable laws and manufacturer’s current applicable policies at the time of purchase. Seller must be able to support both the product sale and product pricing, in accordance with applicable manufacturer certification / specialization requirements. If software is provided or included, Seller shall, upon request, provide Buyer with a copy of the End User License Agreement. Seller certifies that all software is licensed originally to Buyer as the original licensee authorized to use the software.

Partial shipments are permitted, unless otherwise specified by Contracting Officer at time of contract award.

Pursuant to the Trade Agreements Act (19 U.S.C. 2512(a)) (TAA), Federal acquisitions of supplies may be made only from offerors that will supply products of an eligible country under any of the free trade agreements entered into pursuant to the TAA. An article is considered a product of a country only if it is wholly a product of that country or if it has been, substantially transformed, in that country into a new and different article of commerce with a name, character, or use distinct from that of the original article(s). Note that any item that is a discreet article as it is sold in commerce, regardless of its ultimate function or use, cannot be considered, substantially transformed, and based solely on its integration into IT or other systems

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 no 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.

4 TYPE OF CONTRACT

This is a Firm-Fixed Price (FFP), single award contract, with the optional quantities. Items outlined under Section 2, TECHNICAL SPECIFICATION OF ITEMS shall be brand name or equal of the purchase request. 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.

5 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 and no delay in providing the Reference RA# and a shipping address.

6 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 in accordance with the packing, marking, and submission of documents as instructed herein.

6.1. 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/.

A clear English language description of Technical Specifications AND Pictures are required with the submission of quote.

7. INSPECTION AND ACCEPTANCE

The equipment shall be delivered to vendor warehouse in the United States where it will be consolidated for shipping by INL with coordination by DFS. The packing list of all equipment shall include at a minimum: description, brand name, serial number (if any), and quantities. Partial Deliveries will be accepted.

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 will be conducted by INL COR to evaluate quality assurance, quality control, shipping control, physical inspection of randomly selected finished items for physical inspection prior to shipping.

8. PERIOD OF PERFORMANCE (POP)

Performance period for this contract will be no more than 180 days from the date of award. The Contractor shall interpret any reference made to days, as calendar days.

9. EVALUATION FACTORS

The following information should be carefully reviewed by any vendor contemplating an offer for this contract:

INL reserves the right to reject a quotation that is technically unacceptable, unreasonably high in price, or missing required information and/or for failure to comply with proposal instructions.

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.

To be considered for award and/or evaluation, the contractor must be registered in SAM (www.sam.gov). Exceptions to this requirement are enumerated in FAR 4.1102. The Department will not further evaluate quotes from Offerors not registered in SAM.

INL will award the contract to the lowest priced, technically acceptable vendor whose quote is in compliance with the terms of the RFP to include the technical information required. The following factors shall be used to evaluate proposals for technical acceptability: Comment by Martin, Kathleen D: Please confirm the basis of award is LPTA

1) Technical Specifications: Proposal must meet or exceed required technical specifications

2) Delivery Time: a faster delivery time is desirable

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

4) Past Performance: INL/Kyiv values direct past performance in weapons and ammunition and with deliveries to Ukraine

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

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

Responses to requirements include an approach that meets or exceeds minimum requirements.

Submissions must include sufficient detail for effective evaluation and substantiation of stated claims.

Submissions must provide convincing rationale for how requirements will be met.

Responses to requirement do not rephrase or restate the Government’s requirements.

Proposed Work Plan: The Contractor’s proposal should include detailed information about the following:

Logistical aspects: Detail any additional costs that would result due to logistics. At a minimum, the Contractor should explain in detail the following:

Proposed timeline including time for the drafting of the final report;

Proposed travel of team members.

Performance measures: The plan should provide a detailed explanation of methods to be used to ensure that all requirements are met: timeline, costs, objectives, and resources.

Experience: In addition to reviewing individual team member experience, INL will carefully review past performance and experience of the proposed contractor. Please provide at least three examples of previous projects similar to this solicitation. The examples can focus on one or more aspects of this solicitation; however, at a minimum, examples should provide relevant experience for each of the criterion listed within the contractor requirements and deliverables.

10. CONFIDENTIALITY CLAUSE

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 Comment by Martin, Kathleen D: We typically ask a Contractor to also require its assigned employees to execute an NDA. That way if the information is released the Contractor can pursue the matter with its own employee.

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 Ukrainian 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.

Likewise, the CONTRACTOR must be committed under a confidentiality agreement signed with the National Police, that the information provided may not be partially or totally disclosed to third parties, nor used for purposes other than the development of the contract. Likewise, the CONTRACTOR shall ensure the care, confidentiality and correct use of the information delivered and generated during the execution of the contract, as well as of the elements that the National Police makes available for its execution.

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