Night Vision Equipment Accessories and Training

CCAP-SCD                                                                                                    4 June 2020SUBJECT:  Solicitation No.: W91CRB-20-R-5026; Request for Quote (RFQ) - REVISEDThis 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) but no more than three (3) Indefinite Delivery Indefinite Quantity (IDIQ) contracts as a result of this synopsis/solicitation.  Award will be made to up to three (3) lowest-priced, technically acceptable (LPTA) offerors with

acceptable Past Performance. This solicitation is a Request for Quote (RFQ), for 100% Small Business Set Aside for Foreign Military Sales (FMS) case: XX-B-XXX; Country: MultipleThe combined value of all contracts awarded in response to this solicitation shall not exceed $6,900,000.00.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 attached to the contract.The U.S. Army, an agency of the Government, intends to procure the following Commercial Off-the-Shelf (COTS) items:CLIN                          Description                                                     Delivery ARO             CLIN:  0001               Purge Kits PVS-7                                           180 DAYS ARO                                          CLIN:  0002               Purge Kits PVS-14                                         180 DAYS AROCLIN:  0003               Purge Kits AVS-6                                           180 DAYS AROCLIN:  0004               Specialized Tool Sets PVS-14                        180 DAYS AROCLIN:  0005               Specialized Tool Sets AVS-6                         180 DAYS AROCLIN:  0006               Standard Accessories Kits PVS-7                  180 DAYS AROCLIN:  0007               Standard Accessories Kits PVS-14                180 DAYS AROCLIN:  0008               Standard Accessories Kits AVS-6                 180 DAYS ARO                                    SPH-4B, HGU-56P, SPH-5,Retro-fitted with QD visor shields,Objective Lens Assembly Class BCLIN:  0009               Standard Accessories Kits AVS-6                 180 DAYS ARO                                    SPH-4B, HGU-56P, SPH-5,Retro-fitted with QD visor shields,Objective Lens Assembly Class CCLIN:  0010               Standard Accessories Kits AVS-6                 180 DAYS ARO                                    HGU-67/P and HGU-84/PRetro-fitted with QD visor shields,Objective Lens Assembly Class BCLIN:  0011               Standard Accessories Kits AVS-6                 180 DAYS ARO                                    HGU-67/P and HGU-84/PRetro-fitted with QD visor shields,Objective Lens Assembly Class CCLIN:  0012               Standard Accessories Kits AVS-6                 180 DAYS ARO                                    SPH-5CG, Retro-fitted with QD visor shields,Objective Lens Assembly Class BCLIN:  0013               Standard Accessories Kits AVS-6                 180 DAYS ARO                                    SPH-5CG, Retro-fitted with QD visor shields,Objective Lens Assembly Class CCLIN:  0014               Tactical Accessories Kits PVS-7                    180 DAYS AROCLIN:  0015               Tactical Accessories Kits PVS-14                  180 DAYS AROCLIN:  0016               Tactical Accessories Kits AVS-6                    180 DAYS AROCLIN:  0017               4348/UV Type Test Set                                  180 DAYS ARO                                    (or Equivalent) for PVS-7, PVS-14, AVS-6CLIN:  0018               20/20 Infinity Focus System Test Set             180 DAYS ARO                                    (or Equivalent) for PVS-7, PVS-14, AVS-6CLIN:  0019               ANV-126A Type Test Set                              180 DAYS ARO                                    (or Equivalent) for PVS-7CLIN:  0020               ANV-126A Type Test Set                              180 DAYS ARO                                    (or Equivalent) for PVS-14CLIN:  0021               ANV-126A Type Test Set                              180 DAYS ARO                                    (or Equivalent) for AVS-6CLIN:  0022               Helmet Mount Adapter, J-Arm for PVS-14   180 DAYS ARO                                           CLIN:  0023               Consumable Spare Parts for PVS-7                180 DAYS AROCLIN:  0024               Consumable Spare Parts for PVS-14              180 DAYS AROCLIN:  0025               Consumable Spare Parts for AVS-6               180 DAYS AROCLIN:  0026               Helmet Mount Assembly for PVS-14,           180 DAYS AROPASGTCLIN: 0027               In-Country Training for PVS-7                      240 DAYS AROCLIN: 0028               In-Country Training for PVS-14                    240 DAYS AROCLIN: 0029               In-Country Training for AVS-6                      240 DAYS ARONote 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: Award determination will be based on the lowest average priced proposal (see basis of award section for more details). 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 Performance Work Statement for salient characteristics.SHIPPING INSTRUCTIONS FOR MULTIPLE COUNTRIES:Vendor Instructions:Vendor shall not ship items.Vendor will contact the following cognizant DCMA to arrange for pick-up: the cognizant DCMA will be provided at time of award.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.Partial Shipments are not be allowed.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-20-D-XXXX and FMS Case Designator XX-B-XXX.DCMA Instructions:This is an FMS shipment. All Transportation costs are to be charged to the transportation fund cite.The FMS case designator is XX-B-XXX.  These will be filled out on each delivery order.Ship to code: TBDMark for code: TBD   Other Information/Requirements: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. For this acquisition, the North American Industry Classification System (NAICS) number is 333314 and the FSC is 5855.Offeror MUST disclose whether they are an Assembler, Manufacturer, Distributor or Reseller for each item offered.Delivery shall be completed by 180 days ARO.  Training shall be completed by 240 days ARO. Minimum requirements shall be $1,000.00, maximum shall not exceed $6,900,000.00.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. 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 Contractors who submit the Lowest Priced Technically Acceptable (LPTA) offers and are deemed responsible by the Contracting Officer based on past performance. 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, technical and past performance.  The Government will evaluate the technical proposal to ensure that it meets ALL of the Government’s requirements and conforms to the salient characteristics.  The Government will start evaluating the technical proposals based on which proposals have the lowest price.  The technical evaluations will begin with the lowest average priced proposals until there are three (3) technically acceptable proposals.  Hence, not all proposals must be evaluated.The Government will evaluate price based on the proposals with the lowest average price.  Every CLIN for all periods will be added and averaged to create the average price for that proposal.. That total averaged price will be used to compare amongst the proposals and the lowest three (3) will start the technical evaluation process.The Government will evaluate each vendors past performance.  Only vendors who have satisfactory or above past performance records can be eligible for award.  If a vendor has no past performance record, they will be considered satisfactory and can still be eligible for award.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 ItemsFAR.52.212-2 Evaluation – Commercial ItemsFAR 52.212-3 Offeror Representations and CertificationsFAR 52.212-4 Contract Terms and Conditions – Commercial ItemsFAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or ExecutiveOrders- Commercial Items, for Paragraph (b) the following clauses apply:FAR 52.204-10 Reporting Executive Compensation and First Tier Subcontract AwardsFAR 52.204-23           Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered EntitiesFAR 52.204-24           Representation Regarding Certain Telecommunications and Video Surveillance Services or EquipmentFAR 52.204-25 Prohibition of Contracting for Certain Telecommunications and Video Surveillance Services or Equipment52.204-26        Covered telecommunications Equipment or Services--RepresentationFAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment;FAR 52.209-10 Prohibition on Contracting with Inverted Domestic CorporationsFAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal LawFAR 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business ConcernsFAR 52.219-6 Notice of Total of Small Business Set-AsideFAR 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 PurchasesFAR 52.232-33 Payment by Electronic Funds Transfer – Other Than Central Registration            FAR 52.232-39 Unenforceability of Unauthorized ObligationsFAR 52.222-22 Previous Contracts and Compliance ReportsFAR 52.222-50 Combating Trafficking in PersonsFAR 52.225-25  Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications (Also FMS/ITAR/EAR related)FAR 52.227-1 Authorization and ConsentFAR 52.227-1 Authorization and Consent Alt 1FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright InfringementFAR 52.227-9 Refund of RoyaltiesFAR 52.227-11 Patent Rights – Ownership by the ContractorFAR 52.232-40 Providing Accelerated Payments to Small Business SubcontractorsFAR 52.233-3 Protest after AwardFAR 52.233-4 Applicable Law for Breach of Contract ClaimFAR 52.247-29 F.O.B. OriginFAR 52.252-2 Clauses Incorporated by ReferenceDFARS 252.203-7000 Requirements Relating to Compensation of Former DoD OfficialsDFARS 252.203-7002 Requirement to Inform Employees of Whistleblower RightsDFARS 252.203-7005 Representation Relating to Compensation of Former DoD OfficialsDFARS 252.204-7003 Control of Government Personnel Work ProductDFARS 252.204-7012 Safeguarding Unclassified Controlled Technical InformationDFARS 252.204-7015 Disclosure of Information Litigation Support ContractorsDFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—RepresentationDFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services--RepresentationDFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or ServicesDFARS 252.205-7000 Provision of Information to Cooperative Agreement HoldersDFARS 252.233-7001 - Choice of Law (Overseas)DFARS 252.211-7003 Item Identification and ValuationDFARS 252.211-7006 Passive Radio Frequency IdentificationDFARS 252.212-7000 Offeror Representations and Certifications – Commercial ItemsDFARS 252.222-7002 Compliance with Local Labor Laws (Overseas)DFARS 252.223-7008 Prohibition of Hexavalent ChromiumDFARS 252.225-7027 Restriction on Contingent Fees for Foreign Military Sales;DFARS 252.225-7028 Exclusionary Policies and Practices of Foreign Governments;DFARS 252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside of the United StatesDFARS 252.225-7041 Correspondence in EnglishDFARS 252.225-7048 Export-Controlled ItemsDFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business ConcernsDFARS 252.227-7015 Technical Data- Commercial Items;DFARS 252.227-7027 Deferred ordering of technical data or computer softwareDFARS 252.227-7028 Technical Data or Computer Software previously delivered to the GovernmentDFARS 252.227-7030 Technical Data-Withholding of PaymentDFARS 252.227-7037 Validation of Restrictive Markings on Technical Data;DFARS 252.227-7039 Patents – reporting of subject inventionsDFARS 252.232.7010 Levies on Contract PaymentsDFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving ReportsDFARS 252.232-7006 Wide Area Workflow Payment InstructionsDFARS 252.243-7001 Pricing of Contract ModificationsDFARS 252.244-7000 Subcontracts for Commercial ItemsDFARS 252.247-7023 Transportation by SeaDFARS 252.227-7032 Rights in Technical Data and Computer Software (Foreign)AFARS 5152.211-9000 Evaluation of Subline ItemsAFARS 5152.211-9001 Variations in Estimated Quantities - Subline Items 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.htmlRequirements 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 two years or twenty-four 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 unit price, total price and grand total columns; (5) up to three (3) points of contact of prior customers who can provide past performance information; If the offer has no relevant past performance this shall be noted in their proposal (6) Representation and Certifications compliant with FARS Clause 52.212-3; (7) 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 OfferorsOfferor 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 must be submitted to Contract Specialist, Patrick Siemon via FedBizOpps, https://www.fbo.gov/. The Government will answer questions submitted up until 6/2/20. After 6/2/20 the Government will make every attempt to answer questions, however cannot guarantee that questions will be answered before the solicitation closes Answers to questions will be posted on FedBizOpps. 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 offeror shall submit their proposal via Email to the Contract Specialist by 5:00 PM - EST-U.S. on Friday, June 19, 2020. Email: Patrick.D.Siemon.civ@mail.mil.The Points of Contact for this action are Contract Specialist Patrick Siemon, Patrick.D.Siemon.civ@mail.mil.