Questions and Answers New Post_W91CRB-26-IINV_FMS Case TW-B-ZEZ.pdf

Question (Q) and Answer (A) for Request for Quote (RFQ) for Image Intensifier, Night Vision. W91CRB-26-R-IINV

Foreign Military Sale (FMS) Case: TW-B-ZEZ

Q.1. The descriptions include accessories in accordance with the SOW, however, I did not see an SOW. Did I miss it or was it not posted to SAM.gov?

A.1. There is no SOW for this Contract Opportunity.

Q.2. We would like to know if this is a brand-new contract OR if there is (was) an incumbent performing these services. If not brand new, could you please provide the current / previous contract number?

A.2. This is a brand-new contract opportunity.

Q.3. Evaluation factor 3 states: "Standard warranty terms and conditions must meet or exceed the Government's requirements contained within section titled 'Requirement for Warranty'." No section by that title appears in the solicitation. The only warranty language we find is on page 1: "All items must be covered by the manufacturer's warranty." Please confirm whether the standard manufacturer's warranty satisfies factor 3, or provide the "Requirement for Warranty" section by amendment.

A.3. IDK- this is ACC’s Clause – I only have a SDR clause

Note 13. SUPPLY DISCREPANCY REPORT (SDR) TIME LIMITS.

Pursuant to paragraph 5.4 of the Standard Terms and Conditions with regard to Supply

Discrepancy Reports (SDRs), the purchaser agrees to report misdirected or unordered shipments. The purchaser further agrees to report such shipments containing items that are identified as classified/sensitive materiel, and/or arms, arms parts, or explosives, within 24 hours of discovery, regardless of dollar value, for disposition instructions from the U.S. Government. The purchaser agrees to ship such classified/sensitive materiel, and/or arms, arms parts, or explosives within 30 days of U.S. Government direction for such return. For all other items, the purchaser agrees to ship discrepant articles within 180 days of receiving U.S. Government direction for such return. When appropriate, the U.S. Government may direct an expedited return of an exemplar of the discrepant articles prior to issuing further direction.

From the LOA:

6 Warranties

6.1 The USG does not warrant or guarantee any of the items sold pursuant to this LOA except as provided in section 6.1.1. DoD contracts include warranty clauses only on an exception basis. If requested by the Purchaser, the USG will, with respect to items being procured, and upon timely notice, attempt to obtain contract provisions to provide the requested warranties. The USG further agrees to exercise, upon the Purchaser's request, rights (including those arising under any warranties) the USG may have under contracts connected with the procurement of these items. Additional costs resulting from obtaining special contract provisions or warranties, or the exercise of rights under such provisions or warranties, will be charged to the Purchaser.

6.1.1 The USG warrants the title of items sold to the Purchaser hereunder but it makes no warranties other than those set forth herein. In particular, the USG disclaims liability resulting from infringement or other violation of intellectual property or technical data rights occasioned by the use or manufacture outside the U.S. by or for the Purchaser of items supplied hereunder.

6.1.2 The USG agrees to exercise warranties on behalf of the Purchaser to assure, to the extent provided by the warranty, replacement or correction of such items found to be defective, when such materiel is procured for the Purchaser.

6.2 Unless the condition of defense articles is identified to be other than serviceable (for example, "as-is"), DoD will repair or replace at no extra cost defense articles supplied from DoD stocks which are damaged or found to be defective in respect to materiel or workmanship when it is established that these deficiencies existed prior to passage of title, or found to be defective in design to such a degree that the items cannot be used for the purpose for which they were designed. Qualified representatives of the USG and of the Purchaser will agree on the liability hereunder and the corrective steps to be taken.

Q.4. The Basis for Award section states "A single award will be made" and also that "the Contracting O icer reserves the right to make one, multiple, or no awards under this solicitation." Please confirm whether o erors must quote both CLINs to be eligible for award, and whether the Government may make award on a CLIN-by-CLIN basis.

A.4. There will be one award, which includes both CLIN 0001 and CLIN 0002. Unless no one submits a quote for both items

Q.5. Regarding CLIN 0002 (NSN 5855-01-504-4589, PN A3297300): the original manufacturer of PN A3297300 has confirmed in writing that this part number is no longer in production. Will the Government accept new-production image intensifier tubes conforming to NSN 5855-01-504-4589 and its performance specification, supported by per-unit test data sheets and a Certificate of Conformance in accordance with RFO FAR 52.246-15 as incorporated in the solicitation? If so, please identify the documentation required with the quote to establish technical acceptability.

A.5. Yes, it will be considered

Q.6. Given FMS case TW-B-ZEZ, please confirm whether a maximum figure of merit or other performance ceiling applies to the delivered tubes under the case's technology release provisions, so that o erors can quote and certify conforming product.

A.6. Max FOM 1600

GEN 3 MODEL F9800M16 IMAGE INTENSIFIER; PHOSPHOR SCREEN; 1400-1600 FOM RANGE;

MICROCHANNEL CURRENT AMP CATHODE; RESOLUTION 64 LP/MM MINIMUM

Q.7. Can you please provide the color (green or white phosphor), and the FOM level (Figure of Merit) the 5855-01-504-4589/A3297300 tubes should be 1400-1600 or 1600-1800?

A.7. Green & FOM 1400-1600