A02_W91CRB-16-R-5042_AMD_0001_Synopsis-and-Soliciatation-F20125.doc

Department of the Army

U.S. ARMY CONTRACTING COMMAND - ABERDEEN PROVING GROUND

4401 BOOTHBY HILL AVENUE

ABERDEEN PROVING GROUND, MD 21005-3013

REPLY TO

ATTENTION OF

CCAP-SCD

28 April 2016 SUBJECT: Solicitation No.: W91CRB-15-R-5042 AMD 0001; Request for Quote (RFQ)

*NOTE: AMENDMENT 0001 IS BEING ISSUED TO 1) UPDATE THE CLIN STRUCTURE, 2) UPDATE THE CLIN PRICING SPREADSHEET, 3) CLARIFY THE TERMS FOR THE STANDARD WARRANTY, 4) UPDATE THE PERFORMANCE WORK STATEMENT,

5) ADD THREE ATTACHMENTS FOR TECHNICAL MANUALS (TMs), 6) ADD CDRLs,

7) ADD ANSWERS TO VENDOR’S QUESTIONS AND 8) EXTEND THE PROPOSAL SUBMISSION DATE. ALL OTHER TERMS AND CONDITIONS WITHIN THIS DOCUMENT REMAIN THE SAME.

**ALL PRICES AND TECHNICAL ASPECTS SHALL BE BASED ON THIS LATEST COMBINED SYNOPSIS/SOLICITATION AND THE INFORMATION UPLOADED TO FBO FOR AMENDMENT 0001.

This is a COMBINED SYNOPSIS/SOLICITATION for COMMERCIAL ITEMS prepared in accordance with Federal Acquisition Regulations (FAR) Subpart 13.5, as supplemented with additional information included in this notice, this announcement constitutes the only solicitation; proposals are being requested herein and a separate written solicitation will not be issued. The word Government in this document refers to the United States Government, its authorized Agencies, Departments, Representatives, Personnel and Assigns Only. The Government intends to award at least two (2) Indefinite Delivery Indefinite Quantity (IDIQ) contracts as a result of this synopsis/solicitation.

This solicitation is a Request for Quote (RFQ), for 100% Small Business Set Aside Competition for Foreign Military Sales (FMS) case: XX-B-XXX; Country: Multiple The Government reserves the unilateral right to make no award if determined to be in the Government's best interest.

A one (1) year standard commercial warranty is required on all items. The requirements for a standard warranty are described herein. Prior to award, the vendor shall submit standard warranty language to be added to the contract.

The U.S. Army, an agency of the Government, intends to procure the following Commercial Off-the-Shelf (COTS) items:

*SPECIAL NOTE: Previous CLIN 0004 Specialized Tool Sets PVS-7 has been removed. CLINs for PVS-9 have been added in: 0004, 0007, 0011, 0015, 0017, 0021, 0025 & 0029.

CLIN

Description

Delivery ARO

CLIN: 0001

Purge Kits PVS-7

90 DAYS ARO

CLIN: 0002

Purge Kits PVS-14

CLIN: 0003

Purge Kits AVS-6

CLIN: 0004

Purge Kits AVS-9

CLIN: 0005

Specialized Tool Sets PVS-14

90 DAYS ARO

CLIN: 0006

Specialized Tool Sets AVS-6

CLIN: 0007

Specialized Tool Sets AVS-9

CLIN: 0008

Standard Accessories Kits PVS-7

90 DAYS ARO

CLIN: 0009

Standard Accessories Kits PVS-14

90 DAYS ARO

CLIN: 0010

Standard Accessories Kits AVS-6

90 DAYS ARO

CLIN: 0011

Standard Accessories Kits AVS-9

90 DAYS ARO

CLIN: 0012

Tactical Accessories Kits PVS-7

90 DAYS ARO

CLIN: 0013

Tactical Accessories Kits PVS-14

90 DAYS ARO

CLIN: 0014

Tactical Accessories Kits AVS-6

90 DAYS ARO

CLIN: 0015

Tactical Accessories Kits AVS-9

90 DAYS ARO

CLIN: 0016

4348/UV Type Test Set

(or Equivalent) for PVS-7, PVS-14, AVS-6

CLIN: 0017

20/20 Infinity Focus System Test Set

(or Equivalent) for PVS-7, PVS-14, AVS-6 and AVS-9

CLIN: 0018

ANV-126A Type Test Set

(or Equivalent) for PVS-7

CLIN: 0019

(or Equivalent) for PVS-14

CLIN: 0020

(or Equivalent) for AVS-6

CLIN: 0021

(or Equivalent) for AVS-9

CLIN: 0022

Consumable Spare Parts for PVS-7

90 DAYS ARO

CLIN: 0023

Consumable Spare Parts for PVS-14

90 DAYS ARO

CLIN: 0024

Consumable Spare Parts for AVS-6

90 DAYS ARO

CLIN: 0025

Consumable Spare Parts for AVS-9

90 DAYS ARO

CLIN:

In-Country Training for PVS-7

90 DAYS ARO

CLIN:

In-Country Training for PVS-14

90 DAYS ARO

CLIN:

In-Country Training for AVS-6

90 DAYS ARO

CLIN: 0029

In-Country Training for AVS-9

90 DAYS ARO

CLIN: 0030

Not Separately Priced CDRLs

See CDRLs

Note 1: Items shall be built in accordance with, and shall meet the performance criteria as specified in the manufacturer’s drawings and specifications. These drawings and specifications shall be made available to the Government during the life of the contract.

Note 2: New Equipment ONLY. Equipment must be commercial off the shelf and not require any modification. NO remanufactured or gray market items. All items must be covered by the manufacturer’s warranty. Equipment must be exportable for use in multiple countries.

Note 3: Vendors shall not add additional cost for shipping items. Items WILL NOT be shipped by the vendors (see shipping instructions below).

Note 4: For contract award purposes, CLINs 0026-0029 award determination will be based on the lowest average price for each CLIN during relevant production year. For each Delivery Order fair opportunity, award determination will be based on lowest price for the specific Unified Combatant Command (COCOMs) Location (Six COCOMs listed in the Excel Spreadsheet) where training will be requested during relevant production year.

Note 5: See attached Updated Performance Work Statement for salient characteristics.

SHIPPING INSTRUCTIONS FOR MULTIPLE COUNTRIES:

Vendor Instructions:

1. Vendor shall not ship items.

2. Vendor will contact the following cognizant DCMA to arrange for pick-up: the cognizant DCMA will be provided at time of award.

3. The DCMA office requires 15 days notification prior to actual shipment pickup. Vendor must use the Shipping Instruction Request System (SIR) to submit shipping requests.

4. Partial Shipments are not be allowed.

5. The vendor will mark the outside of each box in accordance with current (DTR) and MIL-STD 129 procedures for DD Form 1387, Military Address Label with the requisition W91CRB-16-D-XXXX and FMS Case Designator XX-B-XXX.

DCMA Instructions:

1. This is an FMS shipment. All Transportation costs are to be charged to the transportation fund cite.

2. The FMS case designator is XX-B-XXX. These will be filled out on each delivery order.

3. Ship to code: TBD

4. Mark for code: TBD Other Information/Requirements:

1. It is the responsibility of the Offeror to insure that their Offer is compliant with ALL provisions of the FAR and its supplements. The Government MAY but is not obligated to consider the Offer of any Offeror that is non-compliant with any provision of the FAR and its supplements. Furthermore, the Government is NOT required to inform any Offeror that their Offer is non-compliant with the FAR or any of its supplements. Failure of an Offer to comply with any provision of the FAR and its supplements can be deemed by the Government as insufficient and non-responsive to the solicitation.

2. For this acquisition, the North American Industry Classification System (NAICS) number is 334511 and the FSC is 5855.

3. Offeror MUST disclose whether they are an Assembler, Manufacturer, Distributor or Reseller for each item offered.

4. Delivery shall be completed by 90 days ARO, unless an acceptable alternate is proposed or unless bulk shipment is requested.

SPECIAL CLAUSE FOR FOREIGN MILITARY SALES:

“Rights in Technical Data and Software Provided to a Foreign Government” The parties hereto recognize that any technical data and computer software being purchased hereunder will be provided to a foreign government. The parties further recognize that the clauses in this contract dealing with rights in technical data, computer software and patent indemnity may be drafted in terms of rights flowing to the United States Government. Accordingly, the Contractor agrees to grant, and by incorporation of this clause in the contract document, does grant, that foreign government the same rights in technical data, computer software and patent indemnity as would be granted to the United States Government by operation of those clauses in the contract document dealing with rights in technical data, computer software and patent indemnity, except that no rights to computer software source code for the foreign government are provided in this contract. For purposes of contract administration, the parties agree that the clauses will be administered with the foreign government in such a manner as best approximates that set out with respect to the United States Government.

Accelerated delivery at no additional cost to the Government is accepted and encouraged; Split shipments are not authorized. Any variations from this general direction will be put forth in resulting delivery orders.

Packaging requirements shall be in accordance with Standard Practice for Commercial Packaging (ASTM D 3951-98).

Inspection and acceptance shall be at SOURCE. Shipment will be FOB Origin.

Upon award, the contractor will be required to contact the local DCMA Office for shipping instructions.

IMPORTANT:

All Contractors must provide as part of their proposal package a technical proposal that is sufficiently detailed to prove that the commercial product(s) they are offering meet all the salient characteristics in accordance with the scope of work.

All proposals must include specification or data sheet for each items as requested.

The proposal package must declare whether the contractor is an assembler, a manufacturer, a distributor or a reseller.

BASIS FOR AWARD:

The Government intends to make an award to the Contractor who submits the Lowest Priced Technically Acceptable (LPTA) offer and are deemed responsible by the Contracting Officer.

In accordance with FAR 52.212-2 Evaluation – Commercial Items, The Government will award a contract resulting from this solicitation to the responsible offerors whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers price and technical. The Government will evaluate the technical proposal to ensure that it meets ALL of the Government’s requirements and The Government will evaluate the price reasonableness of the proposal.

The items being solicited under this action have been set 100% aside for Small Businesses only; only proposals from Small Business will be evaluated.

The Contracting Officer reserves the right to make no award under this solicitation or issue multiple awards to multiple vendors as determined fair and reasonable for each item.

PROVISIONS AND CLAUSES applicable to this acquisition are as follows:

FAR 52.212-1 Instructions to Offerors –Commercial Items

FAR.52.212-2 Evaluation – Commercial Items

FAR 52.212-3 Offeror Representations and Certifications

FAR 52.212-4 Contract Terms and Conditions – Commercial Items

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items, for Paragraph (b) the following clauses apply:

FAR 52.204-10 Reporting Executive Compensation and First Tier Subcontract Awards

FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment;

FAR 52.219-6 Notice of Total of Small Business Set-Aside

FAR 52.219-13 Notice of Set-Aside of Orders (NOV 2011)

FAR 52.219-28 Post Award Small Business Program Representation (MAR 2009)

FAR 52.222-3 Convict Labor;

FAR 52.222-19 Child Labor;

FAR 52.222-21 Prohibition of segregated facilities;

FAR 52.222-26 Equal Opportunity;

FAR 52.222-35 Equal Opportunity for Veterans;

FAR 52.222-36 Affirmative Action for Workers with Disabilities;

FAR 52.222-37 Employment Reports Veterans;

FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act;

FAR 52.223-18- Encouraging contractor Policies to Ban Text Messaging While Driving;

FAR 52.225.13- Restrictions on Certain Foreign Purchases

FAR 52.232-33 Payment by Electronic Funds Transfer – Other Than Central Registration

FAR 52.222-22 Previous Contracts and Compliance Reports

FAR 52.222-50 Combating Trafficking in Persons

FAR 52.227-1 Authorization and Consent

FAR 52.227-1 Authorization and Consent Alt 1

FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

FAR 52.227-9 Refund of Royalties

FAR 52.227-11 Patent Rights – Ownership by the Contractor FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

FAR 52.233-3 Protest after Award

FAR 52.233-4 Applicable Law for Breach of Contract Claim

FAR 52.247-29 F.O.B. Origin

FAR 52.252-2 Clauses Incorporated by Reference DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials

DFARS 252.204-7012 Safeguarding Unclassified Controlled Technical Information

DFARS 252.204-7015 Disclosure of Information Litigation Support Contractors

DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders

DFARS 252.211-7003 Item Identification and Valuation

DFARS 252.211-7006 Passive Radio Frequency Identification

DFARS 252.212-7000 Offeror Representations and Certifications – Commercial Items

DFARS 252.223-7008 Prohibition of Hexavalent Chromium DFARS 252.225-7027 Restriction on Contingent Fees for Foreign Military Sales;

DFARS 252.225-7028 Exclusionary Policies and Practices of Foreign Governments;

DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concers

DFARS 252.227-7015 Technical Data- Commercial Items;

DFARS 252.227-7027 Deferred ordering of technical data or computer software

DFARS 252.227-7028 Technical Data or Computer Software previously delivered to the Government

DFARS 252.227-7030 Technical Data-Withholding of Payment

DFARS 252.227-7037 Validation of Restrictive Markings on Technical Data;

DFARS 252.227-7039 Patents – reporting of subject inventions

DFARS 252.232.7010 Levies on Contract Payments

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DFARS 252.232-7006 Wide Area Workflow Payment Instructions

DFARS 252.243-7001 Pricing of Contract Modifications

DFARS 252.247-7023 Transportation by Sea

Full text of these provisions and clauses, with noted exceptions regarding local clauses, may be obtained by accessing the following internet website: http://www.acq.osd.mil/dpap/sitemap.html *SPECIAL NOTE: Change from 2 years to one year in paragraph one.

Requirements for No Cost Warranty. The contractor shall provide a warranty for this Foreign Military Sale (FMS) covering workmanship and materials for all items furnished in accordance with this contract or any modification thereof. If the warranty is a commercial warranty and states that the warranty in not in effect outside the continental United States, then the wording of the warranty shall be amended so that the warranty is extended to the final FMS customer. The warranty shall be for a minimum of one year or twelve months in duration at time of pick up for shipment.

No Cost Warranty Manual. The contractor shall provide an operational manual and/or an insert to accompany the material, describing the actions to be taken by the user in order to exercise the warranty and obtain repaired/replaced equipment. This guidance shall be provided in both English (and the native language of the FMS customer if specified in the delivery order after negotiation). This warranty will run directly to the benefit of the FMS customer and will not be structured so as to require any actions/administration on the part of the U.S. Government. The contractor shall provide phone number(s) and/or address (es) for customer service representative nearest to the FMS customer location. The customer service representative shall be able to supply information to the FMS customer for the return of the defective equipment for repair or replacement.

No Cost Warranty Procedures. At the exercising of this warranty by the FMS customer, the warranty clock shall be stopped. Upon notification of a failure by the FMS customer to the contractor, the warranty clock shall be stopped relative to the unit in question. The warranty clock will be restarted upon acceptance of the repaired/replaced unit by the FMS customer. Upon arrival at the contractors repair facility, both the contractor and Government representative will determine if failed item is covered under the warranty. The FMS customer shall be responsible for the established contractual cost for items tested and found to be a "False Pull" or "No Evidence of Failure (NEOF)". The contractor shall meet a 30 day turn-around time for repair. This time shall be from the date of receipt by the contractor, to shipment from the contractor's facility. The contractor shall be responsible for transportation cost from the FMS customer to the contractor’s facility and return to the FMS customer.

No Cost Warranty Markings. Warranty markings shall be applied to unit, intermediate and shipping containers. The markings shall be in a conspicuous location to give notice that the item(s) are subject to warranty coverage. These markings shall indicate the time period or condition of the warranty (e.g., days/months, hours of operation, etc.). The warranty markings shall be applied by labeling, tagging, or printing and shall be prefaced by the words “WARRANTY ITEM” in letters approximately two times larger than the letters for the remainder of the required information.

PROPOSAL SHALL INCLUDE: (1) Solicitation Number and date on cover page with numbered pages; (2) Original letter signed by an individual authorized to bind the organization (include Federal Tax Identification Number, Cage Code and DUNS); (3) Business Size, if Small Business list subcategory, if applicable; (4) schedule of offered items to include quantity, unit, unit price, total price and grand total columns; (5) Representation and Certifications compliant with FARS Clause 52.212-3; (6) Acknowledgement and agreement with amendments, if applicable. Offerors must have a current registration in the System For Award Management (SAM) prior to award. The Offeror may register in (SAM) at http://www.sam.gov.

Requirements for Offerors

Offeror shall have a current registration in the Wide Area Workflow (WAWF) prior to award. The Offeror may register in WAWF at https://wawf.eb.mil.

SUBMISSION OF QUESTIONS:

All questions regarding the solicitation that were due by 4/22/15 have been answered. If you still have questions, they must be submitted to the Contracting Officer, Lonny Matesky, at email address Lonny.j.matesky.civ@mail.mil. For these questions, the Government will make every attempt to answer questions, however cannot guarantee that questions will be answered before the solicitation closes. The Government has made every attempt to accurately reflect the requirements/information contained in this solicitation. However, if you find any discrepancies between the Executive Summary and the clauses/provisions in the solicitation, the clauses/provisions shall prevail. Contact the contract specialist immediately if any discrepancies are found.

SUBMISSION OF PROPOSAL: The submission of proposal due date has been extended. The offeror shall submit their proposal via Email to the Contract Specialist by 10:00 AM - EST-U.S. on Thursday, May 12, 2016. Email: Shawn.L.Jamerson.civ@mail.mil .

The Points of Contact for this action are Contract Specialist Shawn Jamerson (410) 278-5412 or Shawn.L.Jamerson.civ@mail.mil.