SINLEC15Q0063.pdf

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See FAR 3.104

SINLEC15Q0063

Bureau of International Narcotics and Law Enforcement Affairs (INL)

U.S. Embassy Ukraine

Request for Quote (RFQ)

Solicitation: INL/Ukraine: Tactical Uniform’s and Accessories

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SECTION 1

SUBMISSION INFORMATION PERTAINING TO REQUEST FOR QUOTE

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 will 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 will be deemed releasable.

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 a contact occurs and found to be prejudicial to competing vendors, the vendor making such a contact may be excluded from award consideration.

Answers to inquiries/questions, if given, shall be provided in writing to all vendors being solicited.

No information concerning this RFQ shall be provided in response to telephone calls. All such requests must be submitted in writing to the Contracting Officer by email. Written questions relating to this RFQ shall be accepted through 10:00 A.M. (local Washington D.C. time) Friday 10 APRIL 2015. Any communications in reference to this RFQ shall cite the reference section title and page number, and directed to the following individual:

Name: Ms. Amy Kara Title: Contracting Officer E-mail: KaraAM2@state.gov

NOTICE OF RFQ CLOSING DATE AND TIME

All offers shall be submitted to the designated Government Representative via e-mail NLT 10:00 A.M. (local Washington D.C. time) on the following date: Wednesday 15 APRIL2015.

Name: Ms. Amy Kara Title: Contracting Officer E-mail: KaraAM2@state.gov

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.

mailto:KaraAM2@state.gov

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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.

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.

(Rest of Page Intentionally Left Blank)

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SECTION 2

STATEMENT OF WORK (SOW)

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.

INL programs support two of the Department of States' strategic goals: (1) to reduce the entry of illegal drugs into the United States; and (2) to minimize the impact of international crime on the United States and its citizens. One of the many ways to effectively meet the listed goals is to collaborate with allied governments both directly and indirectly to promote the modernization of and support the enforcement operations of their foreign criminal justice systems and law enforcement agencies.

SCOPE

The vendor shall provide ALL items stated under APPENDIX A, TECHNICAL SPECIFICATION OF ITEMS of this RFQ. Packaging and preservation shall be IAW best commercial practices to enable shipment to final destination in Ukraine to the address specified (e.g. see below), without repacking or incurring damage during shipment and handling.

TYPE OF CONTRACT

This is a firm-fixed price, single award contract, with the optional quantities. Items outlined under APPENDIX A, TECHNICAL SPECIFICATION OF ITEMS below shall be brand name or equal of the purchase request under NAICS 453998. 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. Nor will the contract price be adjusted on account of fluctuations in the currency exchange rates.

BASIS OF AWARD

The Government anticipates issuing a Purchase Order to the Quoter whose Quote provides the best value to the Government, price, and other factors considered. The Government will apply three sets of evaluation factors: Technical Specifications, Delivery Schedule, and Price.

Quotes shall set forth full, accurate, and complete information as required by this solicitation package (including Attachments). The penalty for making false statements in Quotes is prescribed in 18 USC. 1001.

EVALUATION FACTORS

The following are the evaluation factors for this acquisition in order of importance.

Factor FACTOR 1: Technical Specifications

FACTOR 2: Delivery Schedule of Items

FACTOR 3: PRICE; in that order

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Offerors should include specific details and delivery dates in their responses to this RFQ.

All delivery dates shall be clearly stated under the appropriate excel column in APPENDIX B, PRICING MATRIX attachment. AWARD WILL BE MADE TO THE VENDOR WHO

OFFERS THE BEST VALUE TO THE U.S. GOVERNMENT.

DELIVERY DATE

The required Delivery Date is thirty (30) days from date of contract award.

SET-ASIDE

This acquisition is a 100% small-business set-aside in accordance with FAR 6.203.

ACQUISITION METHOD

FAR PART 12 Acquisition Commercial Items/FAR PART 13 Simplified Acquisition Methods

EFFECTIVE PERIOD OF CONTRACT

This contract shall be effective on the date of the Contracting Officer's signature and shall remain valid until all commodities are received, inspected and accepted by the Government at final destination INL/Ukraine.

SUPPLIES AND PRICES

The Contractor shall provide to the U.S. Government the new products as described in the specifications for the stated firm fixed price. Further, the Contractor shall properly perform the pre-delivery inspection on the products and deliver them to the location set forth under Place of Delivery, of this contract. The firm fixed price shall include the products pre-delivery inspection, certificates of origin, operator’s manuals, warranty certificates and any other documentation mandated by the destination country.

*** If applicable - manuals shall be furnished in the Ukrainian language.

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APPENDIX A

TECHNICAL SPECIFICATIONS OF ITEMS

CATEGORY 1: THE FOLLOWING LIST OF ITEMS SHALL ARRIVE IN UKRAINE

BY 1 JUNE 2015.

NOTE: ALL ITEMS SHOULD COME WITH AT LEAST A 1-YEAR WARRANTY AND

GUARANTEE OF QUALITY.

001 LONG SLEEVE SHIRT: STRYKE PDU SHIRT - A CLASS - LONG SLEEVE

(BRAND NAME OR EQUAL)

QUANTITY: 6,000

3,000 ARE REQUIRED BY 1 JUNE 2015, REMAINING 3,000 BY END OF JUNE

2015, UNLESS ALL 6,000 CAN BE DELIVERED BY 1 JUNE 2015

(OPTIONAL QUANTITIES MAY BE REQUIRED, AND SHOULD BE PRICED, SEE

APPENDIX B PRICING MATRIX FOR DETAILS)

SIZES (based on each 3,000 shirt-shipment):

Male, Quantity, total – 2,250 (75%)

S M L XL XXL

77 1034 837 260 42

Female, Quantity, total – 750 (25%)

XS S M L XL

32 296 269 111 42

SPECS:

• NYPD Blue OR Dark Navy Blue

• Superior durability, breathable comfort

• Permanent creases ensure clean lines

• Teflon treatment for stain, soil, and moisture resistance

• Hidden front zip closure

• Pass-through mic access

• Integrated badge tab

• Camera/radio loop enforcement kit

• Epaulette kit

• 4.84 oz. Flex-Tac mechanical stretch fabric

• Triple needle stitching

• Reinforced bartacking at major stress points

• Melamine buttons won't melt, burn, or crack

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002 POLO SHIRT: TACTICAL JERSEY POLO – SHORT SLEEVE (BRAND NAME OR

EQUAL)

QUANTITY: 6,000

3,000 ARE REQUIRED BY 1 JUNE 2015, REMAINING 3,000 BY END OF JUNE

2015, UNLESS ALL 6,000 CAN BE DELIVERED BY 1 JUNE 2015

(OPTIONAL QUANTITIES MAY BE REQUIRED, AND SHOULD BE PRICED, SEE

APPENDIX B PRICING MATRIX FOR DETAILS)

SIZES (based on each 3,000 shirt-shipment):

Male, Q-ty, total – 2,250 (75%)

S M L XL XXL

77 1034 837 260 42

Female, Q-ty, total – 750 (25%)

XS S M L XL

32 296 269 111 42

SPECS:

• NYPD Blue OR Dark Navy Blue

• 6 oz. 100% jersey knit cotton

• Traditional three button placket

• Melamine buttons won't burn, crack, or melt

• Bartacking at major stress points

• Accepts embroidery and silk-screening

• Large Velcro strip on back for “Police” patch, Velcro strip on arms/shoulders, and front chest for patches and insignias

• Professional appearance, durable construction

• No roll, stay flat collar

• Pen pockets at left sleeve

• Integrated mic loops at the shoulders and chest

• Fade, shrink, and wrinkle resistant fabric

003 PANTS TWILL PDU PANTS - A CLASS (BRAND NAME OR EQUAL)

QUANTITY: 6,000

3,000 ARE REQUIRED BY 1 JUNE 2015, REMAINING 3,000 BY END OF JUNE

2015, UNLESS ALL 6,000 CAN BE DELIVERED BY 1 JUNE 2015

(OPTIONAL QUANTITIES MAY BE REQUIRED, AND SHOULD BE PRICED, SEE

APPENDIX B PRICING MATRIX FOR DETAILS)

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SIZES below based on each 3,000 pant-shipment):

Male, Q-ty, total – 2,250 (75%)

S M L XL XXL

77 1034 837 260 42

Female, Q-ty, total – 750 (25%)

XS S M L XL

32 296 269 111 42

SPECS:

• NYPD Blue OR Dark Navy Blue

• Permanent military creases

• Professional flat front design

• Teflon coating repels stains, soil, and liquids

• Self-adjusting tunnel waistband

• Covert thigh pocket

• Diamond gusseted crotch for full mobility

• Internal gripper panel keeps shirt tucked in

• Poly/cotton Twill Fabric

• Machine washable

• YKK Zipper hardware

• Genuine Prym snaps

• Bartacking at all stress points

004 PLAIN ADJUSTABLE UNIFORM BASEBALL HAT (BRAND NAME OR EQUAL)

QUANTITY: 3,000

2,200 ARE REQUIRED BY 1 JUNE 2015, REMAINING 800 BY END OF JUNE

2015, UNLESS ALL 3,000 CAN BE DELIVERED BY 1 JUNE 2015

(OPTIONAL QUANTITIES MAY BE REQUIRED, AND SHOULD BE PRICED, SEE

APPENDIX B PRICING MATRIX FOR DETAILS)

SPECS:

• NYPD Blue OR Dark Navy Blue

• Unmarked, plain uniform/baseball hat

• Teflon treatment to repel stains, soil, and spills

• Fade resistant fabric

• Fully adjustable strap

• Poly/cotton twill

• One size fits all

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005 BOOTS A.T.A.C. 6” BOOT (ONE PAIR MEANING RIGHT/LEFT FOOT) (BRAND

NAME OR EQUAL)

QUANTITY: 3,000

2,500 ARE REQUIRED BY 1 JUNE 2015, REMAINING 500 BY END OF JUNE

2015, UNLESS ALL 3,000 CAN BE DELIVERED BY 1 JUNE 2015

(OPTIONAL QUANTITIES MAY BE REQUIRED, AND SHOULD BE PRICED, SEE

APPENDIX B PRICING MATRIX FOR DETAILS)

PLEASE NOTE: THE BOOT SIZES BELOW ARE AN ESTIMATE AND SUBJECT TO

CHANGE.

SIZES: (based on the 2,500 boot shipment, remaining 500 at time of award) Male, Q-ty, total – 1,875 (75%) 7 8 9 10 11 12 13 14 50 100 200 450 450 300 200 75

Female, Q-ty, total – 625 (25%) 6 7 8 9 10 100 200 200 100 25

SPECS:

• Black

• Full grain leather and rugged nylon construction

• Generous open cell foam cushioning

• Hypertext® lasting board

• Non-metallic shank

• Injection molded phylon midsole

• Stay-tied sausage laces

• Rugged, reliable, comfortable

• Polished leather toe

• 5.11 Shock Mitigation System

• Antibacterial and moisture-wicking lining

• Cushioned insole

• Oil and slip resistant, no-squeak outsole

• Semi-rigid heel and toe reinforcement

006 DUTY BELT WITH POUCHES: BLACK COMPLETE LAW ENFORCEMENT/

SECURITY DUTY BELT/GUNBELT SET (BRAND NAME OR EQUAL)

THE 3,000 ARE REQUIRED BY 1 JUNE 2015.

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SIZES:

Male, Q-ty, total – 2,250 (75%) S M L 302 1611 337

Female, Q-ty, total – 750 (25%) S M L 200 439 111

SPECS:

• Black

• Law enforcement duty belt

• Constructed of ultra-strong 1680D nylon

• Four dual-retention keepers

• Durable Duraflex Hardware

• Modular Design with Versatile Features.

• Battle Ready Construction

• Dual-belt configuration

• Water and weather resistant

• MOLLE/SlickStick compatible

• Quick Attachment of Components with Absolute Locking and Full Adjustability.

• The duty belt shall include the following pouches;

o (1) pistol holster (to fit a Fort-17 pistol or similar size gun) o (1) double magazine pouch, o (1) radio pouch, o (1) handcuffs pouch, o (1) long baton pouch, and o (1) small flashlight pouch (MUST fit flashlight listed in CLIN 007)

007 TACTICAL LAW ENFORCEMENT FLASHLIGHTS (BRAND NAME OR EQUAL)

THE 3,000 ARE REQUIRED BY 1 JUNE 2015.

(OPTIONAL QUANTITIES MAY BE REQUIRED, AND SHOULD BE PRICED, SEE

APPENDIX B PRICING MATRIX FOR DETAILS)

• Must include charger for patrol car

• Tough, bright full-sized flashlight

• Between 7” and 11” long

• 10 hour runtime (on high setting)/57.5 hours (Low)

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• Approximately 328 meter beam distance (High)

• Momentary and steady-on modes

• Water- and impact-resistant construction

• Rechargeable in patrol cars (no batteries)

• LED

• Must come with a warranty of at least 1 year

CATEGORY 2: THE FOLLOWING LIST OF ITEMS SHALL ARRIVE LATER IN

JUNE 2015

008 JACKET 5-IN-1 LAW ENFORCEMENT JACKET (BRAND NAME OR EQUAL)

QUANTITY: 3,000

(OPTIONAL QUANTITIES MAY BE REQUIRED, AND SHOULD BE PRICED, SEE

APPENDIX B PRICING MATRIX FOR DETAILS)

PLEASE NOTE: THE JACKET SIZES BELOW ARE AN ESTIMATED AND SUBJECT

TO CHANGE.

SIZES:

Male, Q-ty, total – 2,250 (75%)

S M L XL XXL

77 1034 837 260 42

Female, Q-ty, total – 750 (25%)

XS S M L XL

32 296 269 111 42

SPECS:

• NYPD Blue OR Dark Navy Blue

• High performance waterproof/breathable patrol shell

• All-weather capability

• Removable fleece inner jacket with zip-off sleeves

• Roomy cut for full range of motion

• Elasticized waist

• YKK® zippers

• Prym® snaps

• Front ID panel is 5" W x 5.5" L

• Rear ID panel is 12.5" W x 9" L

• Large Velcro strip on back for “Police” patch, Velcro strip on arms/shoulders, and front chest for patches and insignias

• Hidden chest document pockets on shell and liner

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• TacTec System compatible lining

• Removable ID panels on chest and back

• Side zippers for ventilation and access to sidearm

• Hook and loop storm cuffs

• Mic clips at shoulders

• Roll-up/removable hood

009 FLEECE-LINED CREW NECK SWEATER (BRAND NAME OR EQUAL)

(OPTIONAL QUANTITIES MAY BE REQUIRED, AND SHOULD BE PRICED, SEE

APPENDIX B PRICING MATRIX FOR DETAILS)

SIZES:

Male, Q-ty, total – 2,250 (75%)

S M L XL XXL

77 1034 837 260 42

Female, Q-ty, total – 750 (25%)

XS S M L XL

32 296 269 111 42

SPECS:

• NYPD Blue OR Dark Navy Blue

• High-performance blend of 57% polyester, 28% worsted wool, and 15% low pill acrylic is comfortable, durable, and machine washable

• Fleece lined so it is highly breathable and wind resistant

• Rugged warm rib and traditional knit

• Crew neck commando style

• Color-matched dobby nylon shoulder and elbow patches

• Badge tab, microphone tab, name tab, and epaulets are included loose for optional customization

010 KNIT WATCH CAP (BRAND NAME OR EQUAL)

QUANTITY: 3,000

SPECS:

• NYPD Blue OR Dark Navy Blue

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• Knit

• Durably constructed of Acrylic, Polyester or blend with wool to ensure warmth and shape

• Ribbed pattern fabric for added warmth and long-lasting shape retention

• One size fits all

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APPENDIX B

PRICING

Please see Pricing Matrix Excel Sheet attachment. All pricing submission shall be completed in the attachment pricing matrix format. Offerors shall price base award and optional quantities.

MARKETING AND PACKAGING

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

ATTN: Ms. Tetyana Voznyuk INL/Ukraine Section Uniform and Accessories Items

SHIPPING ADDRESS

ATTN. TETYANA VOZNYUK

INL/Section Kyiv, Ukraine Contact telephone +380445215462 U.S. Embassy Kyiv, Ukraine 4 Igor Sikorsky Street Kyiv, 04112 Ukraine

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.

WARRANTY

To facilitate expeditious return of warranty items and to avoid delays in the warranty process, the offeror must 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. Control Base Stations (Part Number for reference, followed by description and quantity).

DELIVERY INFORMATION

Delivery Terms: The VENDOR IS RESPONSIBLE FOR THE DELIVERY OF ALL

ITEMS LISTED ABOVE UNDER APPENDIX A, TECHNICAL SPECIFICATIONS OF

ITEMS.

FOB Destination INL/Section U.S. Embassy Ukraine. 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.

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The items being acquired will be donated to the government of the ultimate destination INL/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, attached to the outside of the “lead” or number one box/carton/package, or individually attached to the outside of each box/carton/package.

PLEASE NOTE:

All orders are ultimately intended for an overseas destination. If the shipment will involve wood packaging material, then the packing and palletizing must conform to the standards in the International Standards 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 materials meet this standard. Any deliveries arriving at our indicated domestic delivery address that do not meet these standards will be rejected and must be corrected at the contractor’s expense.

SOLICITATION CONSIDERATIONS

This is a brand name or equal to procurement, 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/specialization 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, Seller warrants that the products are new 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.) so that they are received no later than the closing date and time for this solicitation (I.E. PLEASE SEE SECTION 1 OF SOLICITATION FOR DUE DATE). Submissions can be sent to KaraAM2@state.gov.

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.

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. Components of the requested equipment, to include memory, must be manufacturer-approved and may not be compatible, remanufactured, or refurbished equipment. 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

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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.

No 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.

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 accordance with Section 7, marking and Submission of Documents, of this contract.

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

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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/.

The Contractor shall comply with license requirements of the Commerce Control List and any Export Administrative Regulations (EAR), which may apply.

QUOTATIONS DUE

By the date and time stated under section 1 of this Solicitation. Quotations must be submitted to KaraAM2@state.gov; no other method of quotation submission is allowed. Quoters are requested to limit the number of files uploaded to no more than six (6). Language description of Technical Specifications AND Pictures are required with the submission of quote.

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 Ukraine.

CONTRACTING OFFICE

U.S Department of State, INL/RM/GAPP Contracting Officer: Amy Kara Email: karaAM2@state.gov mailto:karaAM2@state.gov

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SECTION 3

CONTRACT CLAUSES

Reference 52.212-1 Instructions to Offerors—Commercial Items (Jul 2013) 52.203-3 Gratuities (Apr 1984) 52.204-7 System for Award Management (Jul 2013) 52.204-13 System for Award Management Maintenance (Jul 2013) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (Dec 2012) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

FULL TEXT

FAR 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.

(End of provision)

52.212-2 Evaluation—Commercial Items.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

https://acquisition.gov/far/current/html/Subpart%2012_3.html#wp1084399

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EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

(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.

(End of provision)

52.212-3 Offeror Representations and Certifications—Commercial Items.

As prescribed in 12.301(b)(2), insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (NOV 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

(a) Definitions. As used in this provision— “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

http://www.acquisition.gov/

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“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation”, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000- 9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

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(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education;

or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern,” consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by— http://uscode.house.gov/ http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

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(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;

and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2);

and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://www.acquisition.gov/

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database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs

[Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it is, is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it is, is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it is, is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it is, is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it is, is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It is, is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and https://acquisition.gov/far/current/html/Subpart%204_12.html#wp1073667

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(ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern.

[Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It is, is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture:

__________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—

(i) It is, is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

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(ii) It is, is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246—

(1) Previous contracts and compliance. The offeror represents that—

(i) It has, has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It has, has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that—

(i) It has developed and has on file, has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or

(ii) It has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

(Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American—Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) https://acquisition.gov/far/current/html/52_223_226.html#wp1192900

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item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.