W56SGK-16-R-0017-0002_HF-VHF_Radio_Resupply_Combined_Synopsis_Solicitation_Amendment.pdf

The purpose of this amendment (0002) is to address the following:

1. Removed 15-00508 Voltage Regulators from all CLINs.

2. Added Mobile Radio Kit 08-05627-006

3. Change delivery instructions and address

4. Removed all ICOM parts from the solicitation

5. Added all received questions and answers

6. Extend the submission due date to 3 May 2016 1200hrs Local Kabul Time

(i) 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; proposals are being requested and a written solicitation will not be issued.

(ii) The amendment 0002 to solicitation number is W56SGK-16-R-0017 is being issued as a request for proposals (RFP) for HF and VHF Radios. This is a BRAND-NAME ONLY requirement and the Justification and Approval is posted with this Solicitation.

(iii) The document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-87.

(iv) This procurement falls under the NAICS Code 334220 and is being solicited under full and open conditions.

(v) The purpose of this combined synopsis/solicitation is to procure the following items:

CLIN Description QTY U/I Price 0001 Delivery 1 – 36 Days ADC

See Attachment A – Item List 1 Lot

0002 Delivery 2 – 72 Days ADC See Attachment A – Item List

1 Lot

0003 Delivery 3 – 108 Days ADC See Attachment A – Item List

1 Lot

0004 Delivery 4 – 144 Days ADC See Attachment A – Item List

1 Lot

0005 Delivery 5 – 180 Days ADC See Attachment A – Item List

1 Lot

TOTAL

(vi) See Attachment A – Item List for full description of items being procured.

(vii) Per the delivery schedule in the CLINs, the 5 scheduled deliveries will be shipped air freight to Bagram Airfield and then transported overland by truck to the following address:

PD 15 MOI ICT Warehouse Qasaba Road 15th District Kabul, Afghanistan

(viii) The provision at FAR 52.212-1, Instructions to Offerors – Commercial (OCT 15), applies to this acquisition as does the following addendum:

Addendum to FAR 52.212-1(b)

The following additions/changes are made to FAR Clauses 52.212-1, which is incorporated by reference.

(a) Instructions for Preparation and Submission of Proposals:

(1) To ensure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Proposals must be complete, self-sufficient, and respond directly to the requirements of the solicitation.

(2) The Contracting Officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the Contracting Officer will review this determination and if, in the Contracting Officer’s opinion, adequate price competition exists, no additional cost information will be requested.

(3) The Vendor shall be active in SAM/JCCS at the time of proposal submission.

(b) Specific Instructions: PRICE PROPOSAL: Submit original- one (1) copy.

(1) Complete the Contractor Information Block below. In doing so, the offer accedes to the contract terms and conditions as written in this SOLICITATION, with attachments.

The prices offered in the proposals will be reflected on a SF 1449 that will include all required contractual terms and conditions.

Contractor Information Block:

Company:

Address:

POC:

POC Number:

Signature:

Date:

(2) Insert the prices for CLINs 0001 through 0005 and the total price on the price chart included at paragraph (v) of this Description.

(3) Shipping costs shall be included in each CLIN for all items in the CLIN.

(4) Complete all necessary fill-ins and certifications in provisions.

(5) Complete the Unit Price and Extended Price for each CLIN on Attachment A – Item List.

(c) General Information

(1) SUBMITTED DOCUMENTS IN RESPONSE TO THIS SOLICITATION must be fully responsive to and consistent with the following:

(i) Requirements of the solicitation.

(ii) Current and Active registration in the System for Awards Management (SAM) for U.S. Vendors or Joint Contingency Contracting System (JCCS) Afghan vendors prior to proposal submission.

(iii) Complete all necessary fill-ins, certifications and provisions in 52.212-3.

(2) INFORMATION REGARDING SUBMISSION OF PROPOSAL:

(i) Failure to provide any part of a proposal identified in this addendum will result in the submission deemed as incomplete and the proposal will be rejected.

(ii) All proposals must include the solicitation number in the subject label and be submitted electronically to the following address:

RCC.CAP.SUP.org@afghan.swa.army.mil

Submissions are due by the date and time (local Afghanistan time) specified on the FBO.gov posting page.

(iii) The “sent” time and date identified on the received e-mail will be used to time stamp all offers. Late proposals will be processed in accordance with FAR 52.212-1(f) “Late submission, modifications, revisions and withdrawals of offers.”

(iv) Only files in PDF format will be accepted.

(v) To be eligible for award, the offeror must be registered in SAM/JCXS by the proposal submission date. In addition, all subcontractors at all tiers who will be contracted by the prime during the life of the contract will also be registered in SAM/JCXS by the award date. The offeror is required to submit a listing of all proposed subcontractors, at all tiers, to the contracting officer by the award date. If no subcontractors are expected to perform during the life of the contract, the prime must submit a negative response to the contracting officer before the award date. Failure to be registered in SAM/JCXS at the prime and subcontractor levels and failure to inform the contracting officer of the names of all subcontractors (or provide a negative reply) may deem the offeror non-responsive and ineligible for award.

A “subcontractor” means any supplier, distributor, vendor, or firm (company) that furnishes supplies or services to or for a prime contractor or for another subcontractor.

(End of provision)

(ix) The provision at FAR 52.212-2, Evaluation – Commercial Items (OCT 14), applies to this acquisition with Price as the evaluation factor. The following addendum also applies:

ADDENDUM TO FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforms to the solicitation and offers the lowest price. The Government intends to award one (1) firm-fixed price contract. The Government reserves the right to award based on initial proposals as received without opening discussions. However, the Government may open discussions, if the Contracting Officer finds discussions to be in the Government's best interests.

(1) All proposals will be reviewed for timeliness. If the proposal is received after the closing date and does not meet the criteria for “late submissions” in the solicitation, the proposal will not be opened.

(2) Timely proposals will be reviewed for responsiveness (compliance) to the solicitation.

If the proposal is not responsive to the solicitation, it will not be evaluated and the offeror will be notified that the proposal is non-responsive.

(3) Timely and responsive offers will be reviewed for contractor responsibility. If prospective contractor is considered non-responsive, its proposal will not be evaluated and the offeror will be notified that they have been determined non-responsible.

(4) Timely and responsive offers will be ranked from lowest to highest price.

(7) The lowest priced offer will be evaluated for price reasonableness.

(b) Evaluation Method. The Government shall evaluate proposals based on PRICE alone. The TOTAL PRICE will be the only price the Government evaluates and will be evaluated for reasonableness. The TOTAL PRICE is the combination of CLINs 0001 through 0005.

(x) Offerors will provide a completed copy of the provision at 52.212-3, Offeror Representations and Certifications – Commercial Items (MAR 16) with their offer.

(xi) The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items (MAY 15), applies to this acquisition.

(xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statues or Executive Orders – Commercial Items (MAR 16) applies to this acquisition. The following paragraphs have been marked as included:

(b)(1) (b)(2) (b)(4) (b)(8) (b)(9) (b)(26) (b)(33) (b)(44) (b)(50)

(xiii) The following provisions and clauses apply to this acquisition:

52.203-3, Gratuities (Apr 84) 52.204-7, System for Award Management (Jul 13) 52.225-14, Inconsistency between English Version and Translation of Contract (Feb 00) 52.229-6, Taxes – Foreign Fixed Price Contracts (Feb 13) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 13) 52.242-13, Bankruptcy (Jul 95) 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (Sep 11) 252.203-7002, Requirement to Inform Employees of Whistleblower Rights (Sep 13) 252.203-7003, Agency Office of the Inspector General (Dec 12) 252.203-7005, Representation Relating to Compensation of Former DoD Officials (Nov 11) 252.204-7004, Alt A. System for Award Management (Jan 15) 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls (Dec 15) 252.204-7009, Limitation on the Use or Disclosure of Third Party Contract Reported Cyber Incident Information (Dec 15)

252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (Dec 15) 252.209-7004, Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor or Terrorism (Oct 15) 252.222-7007, Representation Regarding Combating Trafficking in Persons (Jan 15) 252.225-7001, Buy American and Balance of Payments Programs – Alt. I (Nov 14) 252.225-7002, Qualifying Country Sources as Subcontractors (Dec 12) 252.225-7005, identification of Expenditures in the US (Jun 05) 252.225-7031, Secondary Boycott of Israel (Jun 05) 252.225-7032, Waiver of UK Levies-Evaluation of Offers (Apr 03) 252.225-7033, Waiver of UK Levies (Apr 03) 252.225-7041, Correspondence in English (Jun 97) 252.225-7048, Export-Controlled Items (Jun 13) 252.225-7050, Disclosure of Ownership or Control by the Government of a County that is a State Sponsor of Terrorism (Oct 15)\ 252.229-7000, Invoices Exclusive of Taxes or Duties (Jun 97) 252.229-7014, Taxes – Foreign Contracts in Afghanistan (Dec 15) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (Jun 12) 252.232-7006, Wide Area Workflow Payment Instructions (May 13) (To be completed at time of award) 252.232-7009, Assignment of Claims (Overseas) (Jun 97) 252.232-7010, Levies on Contract Payments (Dec 06) 252.233-7001, Choice of Law (Overseas) (Jun 97) 252.244-7000, Subcontracts for Commercial Items (Jun 13) 252.247-7023, Transportation of Supplies by Sea (Apr 14)

All clauses and provisions incorporated by reference can be found at the following location:

http://farsite.hill.af.mi

52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015)

(a) Definition. As used in this clause-- “Agent” means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.

“Full cooperation”—

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors’ and investigators’ request for documents and access to employees with information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require—

(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from—

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

“Subcontract” means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

“Subcontractor” means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Code of business ethics and conduct.

(1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall—

(i) Have a written code of business ethics and conduct;

(ii) Make a copy of the code available to each employee engaged in performance of the contract.

(2) The Contractor shall—

(i) Exercise due diligence to prevent and detect criminal conduct; and

(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

(3)

(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed—

(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or

(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor’s disclosure as confidential where the information has been marked “confidential” or “proprietary” by the company. To the extent permitted by the law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization’s jurisdiction.

(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the

Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.

(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:

(1) An ongoing business ethics awareness and compliance program.

(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor’s standards and procedures and other aspects of the Contractor’s business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual’s respective roles and responsibilities.

(ii) The training conducted under this program shall be provided to the Contractor’s principals and employees, and as appropriate, the Contractor’s agents and subcontractors.

(2) An internal control system.

(i) The Contractor's internal control system shall—

(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and

(B) Ensure corrective measures are promptly instituted and carried out.

(ii) At a minimum, the Contractor’s internal control system shall provide for the following:

(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.

(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor’s code of business ethics and conduct.

(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor’s code of business ethics and conduct and special requirements of Government contracting, including—

(1) Monitoring and auditing to detect criminal conduct;

(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and

(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process.

(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct.

(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontractor thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.

(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies’ contracting officers.

(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract.

(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.

(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.

(d) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that have a value in excess of $5.5 million and a performance period of more than 120 days.

(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(End of clause)

52.209-7 - Information Regarding Responsibility Matters (Jul 2013)

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed

Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options;

and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

52.233-2 - Service of Protest (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from rcc.cap.sup.org@afghan.swa.army.mil

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

252.203-7998 - PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION

(DEVIATION 2015-O0010) (FEB 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

252.203-7999 - PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2015-

O0010)(FEB 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)

(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015, (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(End of clause)

252.209-7992 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL

LAW—FISCAL YEAR 2015 APPROPRIATIONS

(DEVIATION 2015-OO0005) (DEC 2014)

(a) In accordance with sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by this or any other Act may be used to enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

252.225-7000 - BUY AMERICAN—BALANCE OF PAYMENTS PROGRAM

CERTIFICATE—ALTERNATE I (NOV 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “foreign end product,” “qualifying country,” “qualifying country end product,” “South Caucasus/Central and South Asian (SC/CASA) state,” “South Caucasus/Central and South Asian (SC/CASA) state end product,” and “United States,” as used in this provision, have the meanings given in the Buy American and Balance of Payments Program—Alternate I clause of this solicitation.

(b) Evaluation. The Government—

(1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) Will evaluate offers of qualifying country end products or SC/CASA state end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program.

(c) Certifications and identification of country of origin.

(1) For all line items subject to the Buy American and Balance of Payments Program—Alternate I clause of this solicitation, the offeror certifies that—

(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product; and

(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.

(2) The offeror certifies that the following end products are qualifying country end products or SC/CASA state end products:

Line Item Number Country of Origin

(3) The following end products are other foreign end products, including 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 (ii) of the definition of “domestic end product”:

Line Item Number Country of Origin (If known)

252.225-7993 - PROHIBITION ON CONTRACTING WITH THE ENEMY

(DEVIATION2014-O0008)(FEB 2014)

(a) The Contractor shall exercise due diligence to ensure that none of the funds received under this contract are provided directly or indirectly to a person or entity who is actively opposing United States or Coalition forces involved in a contingency operation in which members of the armed forces are actively engaged in hostilities.

(b) The Contractor shall exercise due diligence to ensure that none of their subcontracts are associated with a person or entities listed in “NDAA FY2012 Section 841/FY2014 Section 831 Identified Entities” list posted at http://www.acq.osd.mil/dpap/pacc/cc/policy.html.

(c) The Head of the Contracting Activity (HCA) has the authority to—

(1) Terminate this contract for default, in whole or in part, if the HCA determines in writing that the contractor failed to exercise due diligence as required by paragraph (a) and (b) of this clause; or

(2) Void this contract, in whole or in part, if the HCA determines in writing that any funds received under this contract have been provided directly or indirectly to a person or entity who is actively opposing or Coalition forces involved in a contingency operation in which members of the armed forces are actively engaged in hostilities.

(d) The substance of this clause, including this paragraph (d), is required to be included in subcontracts under this contract that have an estimated value over $50,000.

(End of clause)

252.225-7994 ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR

RECORDS IN THE UNITED STATES CENTRAL COMMAND THEATER OF

OPERATIONS (DEVIATION 2015-O0013) (MAR 2015)

(a) In addition to any other existing examination-of-records authority, the Department of Defense is authorized to examine any records of the Contractor to the extent necessary to ensure that funds available under this contract are not—

(1) Subject to extortion or corruption; or

(2) Provided, directly or indirectly, to persons or entities that are actively supporting an insurgency or otherwise actively opposing United States or coalition forces in a contingency operation.

(b) The substance of this clause, including this paragraph (b), is required to be included in subcontracts under this contract that have an estimated value over $100,000.

(End of clause)

252.232-7014 NOTIFICATION OF PAYMENT IN LOCAL CURRENCY (AFGHANISTAN)

(SEP 2014)

(a) The contract resulting from this solicitation will be paid in Afghani (local currency) if the contract is awarded to a host nation vendor (Afghan), pursuant to the authority of USCENTCOM Fragmentary Order (FRAGO) 09-1567 and FRAGO 10-143. Contract payment will be made in Afghani (local currency) via electronic funds transfer (EFT) to a local (Afghan) banking institution, unless an exception in paragraph (c) applies. Contracts shall not be awarded to host nation vendors who do not bank locally. If award is made to other than a host nation vendor, the contract will be awarded in U.S. dollars.

(b) Vendors shall submit quotations and offers in U.S. dollars. If the contract is awarded to an Afghan vendor, the quotation or offer will be converted to Afghani using a Government budget rate of 67.9 Afghani per U.S. dollar.

(c) By exception, the following forms of payment are acceptable, in the following order of priority, when the local finance office determines that EFT using ITS.gov is not available:

(1) EFT using Limited Depository Account (LDA).

(2) Check from the local finance office LDA.

(3) Local currency cash payments in Afghani (must be approved in writing by the local finance office and contracting office prior to contract award). Payments in cash are restricted to contracts when--

(i) The vendor provides proof via a letter from the host nation banking institution that it is not EFT capable; and

(ii) The local finance office validates that the vendor's banking institution is not EFT capable.

Cash payments will be made in Afghani.

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG

1992)

(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract.

The term supplies is defined in the Transportation of Supplies by Sea clause of this solicitation.

(b) Representation. The Offeror represents that it:

____ (1) Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

____ (2) Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.

5152.225-5914 COMMODITY SHIPPING INSTRUCTIONS (AUG 2011)

(a) USFOR-A FRAGO 10-200. United States Forces Afghanistan (USFOR-A) has directed that all shipments into and out of the Combined Joint Operations Area - Afghanistan (CJOA-A) be coordinated through the Defense Transportation System (DTS) in order to expedite the customs clearance process and facilitate the use of in-transit visibility for all cargo in the CJOA-A

(b) Information regarding the Defense Transportation System (DTS). For instructions on shipping commodity items via commercial means using DTS, see the following websites:

1. Defense Transportation Regulation – Part II Cargo Movement - Shipper, Trans-shipper, and Receiver Requirements and Procedures:

http://www.transcom.mil/dtr/part-ii/dtr_part_ii_203.pdf

2. Defense Transportation Regulation – Part II 4 Cargo Movement – Cargo Routing and Movement: http://www.transcom.mil/dtr/part-ii/dtr_part_ii_202.pdf

3. Defense Transportation Regulation – Part V - Department of Defense Customs and Border Clearance Policies and Procedures: http://www.transcom.mil/dtr/part-v/dtr_part_v_512.pdf

(c) Responsibilities of the vendor carrier representative, shipping expediter, and/or customs broker:

1. Afghanistan Import Customs Clearance Request Procedures: The carrier, shipping expediter, and/or customs broker is responsible for being knowledgeable about the Afghan Customs Clearance Procedures.

2. Status of Customs Clearance Requests: All inquiries regarding the status of a customs clearance request prior to its submission to Department of Defense (DoD) Customs and after its return to the carrier representative or shipping expediter should be directed to the carrier or shipping agent.

3. Customs Required Documents: The carrier representative or shipping expediter is required to provide the DoD Contracting Officer Representative (COR) with all documentation that will satisfy the requirements of the Government of the Islamic Republic of Afghanistan (GIRoA).

(d) Required Customs Documents: Documents must be originals (or copies with a company stamp). Electronic copies or photocopied documents will not be accepted by GIRoA. The carrier is responsible for checking the current requirements for documentation with the Afghanistan Customs Department (ACD) as specified by the U.S. Embassy Afghanistan’s SOP for Customs Clearance Requests Operations (http://trade.gov/static/AFGCustomsSOP.pdf) and paragraph 4 below.

1. The U.S Ambassador Afghanistan diplomatic note guarantees that the U.S. Government (USG) shipments are exempt from Afghanistan Customs duties and taxes. USG shipments do not provide commercial carriers with the authority to unnecessarily delay shipments or holdover shipments in commercial storage lots and warehouses while en route to its final destination. The U.S. Embassy expects that shipments will be expedited as soon as customs clearance paperwork is received from the respective GIRoA officials.

2. Imports: Documentation must list the year, make, model, and color of the commodity, the commodity Identification Number (if applicable) and for vehicles, the Engine Block Number.

The following documentation is required for all import shipments:

An original Customs Clearance Request (CCR) prepared by the COR in accordance with Afghanistan customs guidance referenced in paragraph 4 below.

Bills of Lading (for shipments by sea), Airway Bills (for shipments by air) or Commodity Movement Request (CMRs) (for overland shipments). In the consignee block, type in “US Military”. This will help the Afghan Customs officials to recognize that the shipment belongs to the US Military and, therefore, the shipment is subject to tax exemption provisions as specified under the current Diplomatic Note or Military Technical Agreement (MTA).

Shipping Invoices.

Packing Lists. Required only if the shipping invoice does not list the cargo.

An Afghan Government Tax Exemption Form (Muaffi Nama) purchased from the Department of Customs and Revenue and prepared in the local language by the carrier representative, shipping agent, or customs broker.

A Diplomatic Note, prepared by DoD Customs, to the Ministry of Foreign Affairs requesting the initiation of customs formalities with the Ministry of Finance, Department of Customs and Exemptions. Please note that DoD Customs is not responsible for registering vehicles.

Commercially-owned equipment such as vehicles, construction machinery or generators that are leased and imported to Afghanistan for the performance of a USG contract may be subject to taxes and duties as determined by GIRoA. If commercially-owned equipment is imported into Afghanistan in a duty-free status, that duty-free status only applies as long as the equipment is under the exclusive use of the USG contract. If the equipment is released at the end of the contract, applicable GIRoA duties and taxes will apply to the owner if the equipment is not exported from Afghanistan or transferred to another USG contract.

USG-owned vehicles must be exported at the conclusion of the project period or transferred to another USG entity. Under certain conditions, the USG may transfer equipment or vehicles to GIRoA.

3. Exports: The following documentation is required for all export shipments:

An original CCR prepared by the COR. If COR is not available, the Contracting Officer (KO) will prepare the CCR.

Invoices.

Packing Lists. Required only if the shipping invoice does not list the cargo.

A Diplomatic Note, prepared by the DoD Customs Cell, to the Ministry of Foreign Affairs requesting the initiation of customs formalities with the Ministry of Finance, Department of Customs and Exemptions.

4. Customs requirements from the GIRoA may change with little notice. For current detailed instructions on customs guidelines in Afghanistan, refer to “The Instruction for Customs Clearance Request (Import/Export) Operations.” In all cases, the carrier is required to obtain a copy of this document, found at the following link: http://trade.gov/static/AFGCustomsSOP.pdf

(e) Point of contact (POC) for customs issues is the USFOR-A Joint Security Office (JSO) J3 at DSN: 318-449-0306 or 449-0302. Commercial to DSN conversion from the United States is

(732) 327-5130, choose option #1, and then dial 88-318 followed by your seven-digit DSN number.

5152.232-5900 PAYMENT IN LOCAL CURRENCY (DEC 2011)

(a) Pursuant to the authority of USCENTCOM FRAGO’s 09-1567 and 10-143 this contract is awarded in Afghani (local currency), if awarded to a host nation vendor. The contractor will receive payment in local currency via Electronic Funds Transfer to a local (Afghan) banking institution.

(b) By exception, the following forms of payment are acceptable when EFT using ITS.gov is determined not available by the local finance office, in order of priority.

(1) EFT using Limited Depository Account (LDA)

(2) Check from the local finance office LDA

(End of Clause)

(3) Local currency cash payments (must be approved in writing by the local finance office and contracting office prior to contract/purchase order award). Payments in cash are restricted to contracts/purchase orders

5152.233-5900 AGENCY PROTEST PROGRAM (AUG 2011)

(a) This solicitation may be protested to the issuing Contracting Office for decision by the Contracting Officer or by the Chief of the Regional Contracting Center if authority has been withheld. If requested, an independent review of an Agency Protest decision is available through appeal to the Principal Assistant Responsible for Contracting (PARC)/Senior Contracting Official (SCO) in accordance with FAR 33.103. A protest to CJTSCC is a “PROTEST TO THE AGENCY,” within the meaning of FAR 33.103. The CJTSCC Agency Protest Program is intended to encourage interested parties to seek resolution of their concerns within CJTSCC, rather than filing a protest with the Government Accountability Office (GAO) or other external forum. After an interested party files an Agency Protest with the Contracting Officer and while that protest is pending, the protestor agrees not to file a protest with the GAO or other external forum. If a protest is filed with an external forum on the same solicitation as the Agency Protest, the Agency Protest will be dismissed.

(b) An interested party may file a written protest to the Contracting Officer under the CJTSCC Agency Protest program for contract solicitations issued by CJTSCC. Such Agency Protests are limited to objections to any of the following:

(1) A solicitation or other request by an agency for offers for a contract for the procurement of property or services.

(2) The cancellation of the solicitation or other request.

(3) An award or proposed award of the contract.

(4) A termination or cancellation of an award of the contract, if the written objection contains an allegation that the termination or cancellation is based in whole or in part on improprieties concerning the award of the contract.

(c) An Executive-Level Agency protest may be filed with the Contracting Officer designated in paragraph (f) of this provision for resolution of protests.

(d) For the purpose of filing a CJTSCC Agency Protest, an interested party means an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.

(e) An Agency Protest must include the protester's name, address and telephone number, including fax number or e-mail address; the solicitation or contract number, identity of the contracting activity and the Contracting Officer's name; a detailed statement of all legal and factual grounds for protest (mere disagreement with the decisions of Contracting Officers does not constitute grounds for protest), including copies of all relevant documents; a request for a ruling; and, a request for relief. All protests must be signed by an authorized representative of the protester and must state it is an Agency Protest for decision by the Contracting Officer.

(f) CJTSCC Agency Protests, as defined in FAR 33.101, may be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from RCC.Cap.Sup.org@afghan.swa.army.mil.

(xiv) DPAS assigned rating: N/A

(xv) Responses will be due NLT 1200hrs local Kabul time 03MAY2016

(xvi) POC for this procurement is:

SSG Rinehart, Jason S.

jason.s.rinehart@afghan.swa.army.mil

**********QUESTIONS AND ANSWERS**********

1) Q. Does the Codan and ICOM manufacturer can bid for this requirement?

A. All parties can bid for this requirement.

2) Q. Please can you confirm if the equipment required within the combined synopsis/solicitation - W56SGK-16-R-0017 is subject to the International Traffic in Arms Regulations (ITAR) control?

A. The equipment requested in this solicitation is not subject to the ITAR

3) Q. Will equipment shipped to Kabul, Afghanistan be exempt from taxes/tariffs?

A. Yes, this will be exempt from import taxes/tariffs. Please refer to Clause 5152.225- 5914.

4) Q. What is the required validity period for proposals?

A. Proposals must be valid for at least 30 days.

5) Q. Item list includes "Envoy Getting Started Guide", part number "15-04177-##".

Please confirm the correct part number is 15-04177-EN.

A. Part Number 15-04177-EN (English version) is confirmed unless Dari is available.

6) Q. Item list includes "Cable, 3C Blk Mld IEC-EU 2m", part number "67-9030#. Please confirm the correct part number is 67-90308.

A. 67-90308 is correct.

7) Q. Question about quantities. The Doc Name: B8_-__Attachment_A_- _J&A_Brand_Name_-__HF-VHF_Radio_Resupply, has the VHF section with all items at 5200. However, the CLIN Deliveries outlined in Doc Name: W56SGK-16-R-0017_HF- VHF_Radio_Resupply_Attachment_A_-_Item_List do not reflect those same quantities.

Should the multi bank charger, BC 121N F70, be a ratio of 6 radios to one charger? If yes, then the quantity in the delivery schedule is correct.

A. The number in the Solicitation is correct. There will be a total of 650 of BC-121N F70 divided evenly across all 5 CLINs so that each CLIN will have 130. The J&A Attachment A has an incorrect quantity for this part number.

8) Q. Shipment of some items requires export permits from their countries of origin.

a. Who can we contact to get EUC [End User Certification] completed to commence application for permits?

b. Can the Army commit to not penalizing the contract awardee in the event that government permit processing delays deliveries? We would like an allowance for the time required to gain the permits.

A.

a. The POC for any End User Certification is Julie Birt at julie.i.birt@afghan.swa.army.mil

b. The delivery schedules will remain in place. If there is a need to extend the delivery date due to circumstances beyond the contractor’s control then an extension may be requested and supporting documentation will need to be submitted to validate the extension. Only after consideration of the supporting documentation will an extension be approved or denied. This will be at the Contracting Officer’s discretion.

9) Q. No antenna control cables are specified for the HF systems under “Mobile Radio Kit”. Antenna control cables are essential for connection of antenna to transceiver. The recommended 6m interface cable is part number 08-05627-006. Can this be added to the CLINs?

A. Added 120 ea. of part number 08-05627. These parts will be divided up with 24 per

CLIN.

10) Q. The mobile options include part number 15-00508 voltage regulators. These are only required if the radios are to be installed in vehicles with 24V electrical systems. Please confirm if these are required.

A. This part will be removed from the solicitation

11) Q. Is there a SF 1449 along with the documents, since I don’t find it in the site.

A. This is a combined synopsis/solicitation which will not have an SF 1449. Per paragraph (i) of the combined synopsis/solicitation, “This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.”

12) Q. Do we have to provide a…