Inactive Total Small Business Set-Aside (FAR 19.5)

SUBJECT: Solicitation No W91CRB25R5020; Request for Proposal (RFP) ADMENDMENT: The closing date for this Prosposal has been extened from 12:00pm ET June 23rd to 12:00 pm ET July 3rd. This is a combine... SUBJECT: Solicitation No W91CRB25R5020; Request for Proposal (RFP) ADMENDMENT: The closing date for this Prosposal has been extened from 12:00pm ET June 23rd to 12:00 pm ET July 3rd. This is a combined synopsis/solicitation for commercial items prepared in accordance with Federal Acquisition Regulations (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. The solicitation document and incorporated provision to clauses are those in effect through Federal Acquisition Circular FAC 2005-93, effective 01 January 2017. The word Government in this document refers to the United States Government, its authorized Agencies, Departments, Representatives, Personnel and Assigns Only. This solicitation is a Request for Proposal (RFP), Foreign Military Sales (FMS) case: RB-B-WBA. ARP Case: AE25043, Country: Serbia. The associated North American Industrial Classification Standard (NAICS) Code is 333310. The Product Service Code (PSC) is 5855. The U.S. Army, Communication Electronics Command (CECOM), Security Assistance Management Directorate (SAMD) intends to procure Commercial Items for Foreign Military Sales (FMS) Case RB-B-WBA for the country of Serbia, in accordance with the Statement of Work (SOW), The contractor shall deliver seven hundred (700) AN/PVS-14 Night Vision Devices (NVDs), GEN III, Monocular, including the accessories listed below. The Figure of Merit (FOM) for the NVDs MUST NOT exceed 1600. No less than 1400. 100% of the image intensifiers must pass Group A testing. Group B, C and D lot testing must be in accordance with U.S. MILSPEC acceptance standards. QTY ITEM DESCRIPTION P/N 1 Soft Carrying Case A3187392 1 Sacrificial Window ASSY W/CONT/WRENCH 272247 1 Demist Shield ASSY A3256353 1 Shoulder Strap A3144267 1 Lens Paper 266699 1 Battery, Penlight AA, Alkaline 008424 1 Plastic Shelf Sealing Bag 5”X8”X.004 207335-2 1 Head/Helmet Mount Adapter ASSY A3256347 CLIN:0001 Description:AN/PVS-14 Night Vision Devices (NVDs), GEN III, including the accessories listed above. Qty:700 Unit Price:TBD Extended Price:TBD Total Amount:TBD Other Important information/Requirements: It is the responsibility of the Offeror to ensure that their Offer is compliant with ALL provisions of the FAR and its supplements listed in this Combined Synopsis/Solicitation. 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 listed in this Combined Synopsis/Solicitation. 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 Offeror to comply with any provision of the FAR and its supplements listed in this Combined Synopsis/Solicitation can be deemed by the Government as unacceptable and non-responsive to the solicitation. Offerors shall comply with Security and Operational Security (OPSEC) Requirements, where applicable, in paragraph 3.4 of the Statement of Work (SOW), located within this requirement. Army Contract Writing System (ACWS) Transition Information for Offerors a. The Army Contracting Enterprise (ACE) is in the process of deploying new solicitation and contract writing software to Army contracting offices worldwide. Known as the Army Contract Writing System (ACWS), this modern software suite will soon replace most existing Army contract writing systems, including the system used to create and release this Solicitation. b. During this transition period, Offerors are hereby advised: 1. The Contracting Office may use any combination of contract writing systems to create and release documents related to this solicitation (e.g. solicitation amendments and awards, if any). Due to this: i. This solicitation may contain different offer submission instructions than other solicitations released by the same Contracting Office (e.g. requiring offer submission via the PIEE Solicitation Module vs. e-mail). Offerors should review all offer submission instructions contained in the solicitation documents and direct any questions or concerns to the Contract Specialist or Contracting Officer. ii. If the Contracting Office switches contract writing systems prior to award, documents you receive from the Contracting Officer or view on SAM.gov or other forums may appear noticeably different than the initial solicitation or previous solicitations or awards from the same Contracting Office. This is normal and expected. iii. A change between contract writing systems may cause important information concerning solicitation response (amendments) or accepted terms (awards) to take on different formatting or appear in different parts of later documents issued. Offerors shall review all documents carefully to locate this important information and direct any questions or concerns to the Contract Specialist or Contracting Officer. 2. The Government does not intend to use the transition between contract writing systems to effect any changes to solicitation or award terms and conditions without accompanying document narratives explicitly stating such changes are deliberate and desired. While the Contract Specialist and Contracting Officer will take care to minimize or eliminate any inadvertent changes when adapting to the new contract writing software, you, as the Offeror, may still be the first to spot such errors. Therefore, Offerors shall: i. Notify the Contracting Officer immediately if any observed changes, removals, or additions affect your award eligibility, violate or alter existing quote/proposal terms, or could affect Contract performance post-award. ii. Take special care to ensure all fill-in Clauses are populated and remain populated across documents received from the Contracting Office throughout the Solicitation and Award process. iii. Contact the Contracting Officer listed on the first page of the solicitation or solicitation amendment for guidance if you notice or suspect any inadvertent change has occurred between document issuances. 3. The Contracting Officer will correct problems affecting award documents (if any) via bilateral modification, at no cost to the Contractor. Any such modification will reconcile the award with the latest version of this solicitation reflecting deliberate action by the Contracting Officer (e.g. the first issuance if no amendments, or the latest amendment with accompanying narratives), inclusive of any documented pre-award negotiations or accepted supplemental offer terms. 4. In the unlikely event a network disruption, contract writing system error, or financial system error threatens timely award of the requirement set forth in this solicitation, the Contracting Officer: i. May elect to use alternative mechanisms to obligate funds and allow work or deliveries to legally begin to the benefit of, and with legal protection for, both parties. ii. Will incorporate the latest version of this Solicitation into such mechanisms to serve as a framework for contract execution until any such system problems are resolved. iii. Will ensure any action taken does not conflict with the stated offer evaluation and award methodology of this requirement. iv. Will issue a complete, properly-formatted award accurately reflecting this requirement and all applicable terms and conditions once systems return to normal. Provisions and Clauses applicable to this acquisition are as follows: FAR 52.204-7 System for Award Management. FAR 52.204-13 System for Award Management Maintenance. FAR 52.204-16 Commercial and Government Entity Code Reporting. FAR 52.204-17 Ownership or Control of Offeror. FAR 52.204-18 Commercial and Government Entity Code Maintenance. FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. FAR 52.209-7, Information Regarding Responsibility Matters. FAR 52.209-12, Certification Regarding Tax Matters. FAR 52.222-56, Certification Regarding Trafficking in Persons Compliance Plan. FAR 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation. FAR 52.212-1 Instructions to Offerors –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, the following clauses apply: FAR 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017). FAR 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or FAR Provided by Kaspersky Lab Covered Entities (Dec 2023). FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video FAR Surveillance Services or Equipment. (Nov 2021). FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023). FAR 52.233-3, Protest After Award (Aug 1996). FAR 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004). FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655). FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020). FAR 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023). FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021). 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018). FAR 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020). FAR 52.219-14 Limitations on Subcontracting (Oct 2022). FAR 52.219-28 Post Award Small Business Program Representation (Feb 2024). FAR 52.222-3 Convict Labor (Jun 2003). FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Feb 2024). FAR 52.222-21 Prohibition of Segregated Facilities. FAR 52.222-22, Previous Contracts and Compliance Reports. FAR 52.222-36 Affirmative Action for Workers with Disabilities (Jun 2020). FAR 52.222-37 Employment Reports on Veterans (June 2020). FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010). FAR 52.222-50 Combating Trafficking in Persons (Nov 2021). FAR 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021). FAR 52.229-12 Tax on Certain Foreign Procurements (Feb 2021). FAR 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018). FAR 52.252-2 Clauses Incorporated by Reference. The following Department of Defense Supplement (DFARS) clauses apply to this synopsis/solicitation: DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials. DFARS 252.203-7002 Requirements to Inform Employees of Whistleblower Rights. DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials. DFARS 252.204-7004 Antiterrorism Awareness Training for Contractors. DFARS 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls. DFARS 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information. DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting. DFARS 252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors. DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation. DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation. DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services. DFARS 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirement. DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements. DFARS 252.204-7021 Cybersecurity Maturity Model Certification Level Requirement. DFARS 252.204-7022 Expediting Contract Closeout. DFARS 252.204-7023, Reporting Requirements for Contracted Services. DFARS 252.225-7000 Buy American - Balance of Payments Program Certificate. DFARS 252.225-7001 Buy American and Balance of Payments Program. DFARS 252.225-7007, Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies. DFARS 252.225-7027 Restriction on Contingent Fees for Foreign Military Sales. DFARS 252.225-7028 Exclusionary Policies and Practices of Foreign Governments. DFARS 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States. DFARS 252.225-7048 Export Controlled Items. DFARS 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. DFARS 252.232-7006 Wide Area Workflow Payment Instructions. DFARS 252.232.7010 Levies on Contract Payments. DFARS 252.244-7000 Subcontracts for Commercial Items. Full text of these provisions and clauses, may be obtained by accessing the following internet website: http://www.acq.osd.mil/dpap/sitemap.html BASIS FOR AWARD: The Government anticipates issuing a firm-fixed price contract resulting from this request to the responsible vendor whose quote conforms to the solicitation and whose quote will be in the best interest to the Government; however, the Government reserves the right to cancel, revise and reissue this combined synopsis solicitation if determined to be in the best interest of the Government. The vendor shall conform to the following evaluation factors: Lowest Price Technically Acceptable (LPTA) The LPTA methodology will be the primary basis for evaluating quotes. The lowest-priced quote will be evaluated first for technical acceptability. If found technically acceptable, evaluations will stop, and award procedures will commence. If the lowest-priced quote is found technically unacceptable, the next lowest-priced quote will be evaluated. This process will continue until a quote is deemed technically acceptable. By submitting a quote, the vendor acknowledges and agrees to the LPTA evaluation method. Technical Proposal Requirements The vendor shall provide a technical proposal outlining their plan to meet each “shall” statement in the Statement of Work (SOW). The vendor must meet or exceed Government’s requirements as stated in this solicitation, to include the solicitation attachments. Quotations (vendor responses to the solicitation) that do not meet the stated requirements shall be deemed technically unacceptable and shall not be considered for award. Warranty: Standard warranty terms and conditions must meet or exceed the Government’s requirements contained within section titled “Requirement for Warranty”. 4) Quote Validity: By submitting a quote, the vendor agrees that all quoted prices shall remain valid for sixty (60) days after the solicitation response deadline. 5) Award Determination a. The award will be made to the responsible vendor whose quote: i. Conforms to the solicitation requirements. ii. Aligns with negotiated price and other factors as considered by Government. The Government intends to award without discussions but reserves its right to hold discussions. THIS IS A 100% SMALL BUSINESS SET-ASIDE. ONLY OFFERS FROM SMALL BUSINESSES WILL BE ACCEPTED. IT IS THE VENDORS’ RESPONSIBLITY TO PROVIDE THE CURRENT SAM RECORD THAT WILL SHOW COMPANY CURRENT CAGE CODE AND BUSINESS SIZE. FAILURE TO PROVIDE THE INFORMATION MAY RESULT IN THE GOVERNMENT NOT EVALUATING THE PROPOSAL. Shipping Instructions: **NOTE: VENDORS SHALL NOT SHIP MATERIAL 1. Vendor will submit Shipping Instructions Request (SIR) to DCMA transportation for subsequent shipment instructions. The DCMA office requires 15 days notification prior to actual shipment pickup. Cognizant DCMA will be provided at time of award. DCMA: Determined when Awarded Phone: TBD Email: TBD 2. Split shipments and early deliveries are not authorized. Advanced notice is required at least one (1) month prior to release of the shipment. 3. Packaging: Packaging/packing shall be in accordance with ASTM D 3951-18, Standard Practice for Commercial Packaging, Level of Protection (LOP): Commercial, Level of Pack (LPK): Commercial, Quantity Unit Pack (QUP): 001. Marking shall be in accordance with MIL-STD-129R. DCMA INSTRUCTIONS: 1. This is an FMS Shipment. The Vendor shall not ship this material on its own. The Vendor shall coordinate through DCMA Transportation for a USG Bill of Lading that will provide shipping instructions. 2. The FMS Designator is: RB-B-WBA TAC: BFMS Ship To Code: TBD Mark for Code: TBD 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 Unique Entity Identifier (UEI)); (3) Business Size, including Small Business list subcategory, if applicable; (4) Schedule of offered services; (5) Representation and Certifications compliant with FAR Clause 52.212-3; (6) Acknowledgement and agreement with amendments, if applicable. Offerors must have a current active registration in the System for Award Management (SAM) prior to proposal submission. The Offeror may register in (SAM) at https://sam.gov. 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 must be submitted to Contract Specialist, Eric Polk via email at Eric.W.Polk3.Civ@Army.Mil, no phone calls will be accepted. The Government will answer questions submitted up until 07 May 2025. After 07 May 2025, the Government will make every attempt to answer questions; however, cannot guarantee that questions will be answered before the solicitation closes. Answers to any questions posed will be posted publicly on https://sam.gov. 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: Proposals and any applicable attachments shall be submitted by email only, no later than Noon EDT on Monday, 21 May 2025 to Eric Polk at: Eric.W.Polk3.Civ@Army.Mil or Lonny J. Matesky at Lonny.j.matesky.civ@army.mil. NOTE: CDRLs are listed in the Statement of work and can not be removed from the Statement of work; However, CDRLs are not required for this contract. SOLICITATION ATTACHMENT: Attachment 1 –Statement of Work (SOW)