This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, "Streamlined Procedures for Evaluation and Solicitation for Commercial Items," as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation number is 19AQMM18Q0076 and is issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-98. This solicitation is for delivery of nine (9) ruggedized, self-contained, compact, lightweight handheld backscatter imaging systems to NDF customers in Egypt, and training of Egyptian personnel in their use. Delivery of all nine (9) handheld backscatter imaging systems and training is 12 months from the date of award. The associated North American Industrial Classification System (NAICS) code for this procurement is 334517 with a size standard of with a size standard of 1,000 employees. This procurement is issued under Full and Open procedures. All eligible businesses may submit an offer, which will be considered. Questions regarding this solicitation is due by 21 August 2018 at 12:00 PM EDT. No questions will be entertained after this date. Offers are due by 30 August 2018, at 12:00 PM, EDT. The point of contact is Mr. Joonpil Hwang at
+1 (555) 000-0000 or
contact@example.gov. Offers shall be submitted via e-mail. ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE 0001 Nine (9) Handheld Portable X-ray Imaging Systems Contract Type: Firm Fixed Price Delivery terms: 12 months after date of award Quantity: 9.00 The contractor shall deliver and install one (1) Handheld Portable X-Ray Imaging System per each following locations in Egypt: 1. Koustal 2. Salaam Bridge Eastbound 3. Hamdi Tunnel Eastbound 4. Sharm el Shiekh 5. El Salloum 6. Port Fouad Eastbound 7. Port Fouad Westbound 8. Salaam Bridge West Bound 9. Hamdi Tunnel Westbound FOB: Destination 0002 Handheld Portable X-ray Imaging Systems Training Contract Type: Firm Fixed Price Delivery terms: 12 months after date of award The Contractor shall train up to 30 host country end-users in equipment operation and basic maintenance. The Contractor shall provide training in Arabic language. Training materials shall be written in Arabic language as well. ? STATEMENT OF WORK I. Background The Nonproliferation and Disarmament Fund (NDF) was established under Section 504 of the FREEDOM Support Act P.L. (102-511) to promote bilateral and multilateral nonproliferation and disarmament activities. NDF activities include assistance worldwide for various nonproliferation and disarmament projects that involve efforts to halt the spread of weapons of mass destruction, their delivery systems, and conventional weapons systems; and the destruction of existing weapons, delivery systems and production facilities. NDF funds are available until expended. The Under Secretary for Arms Control and International Security approved projects 276, 277, and 308 to combat arms smuggling at Egypt's borders. This SOW addresses the Non-Intrusive Detection Systems used to detect weapons, organics and other anomalies in vehicles at border and security checkpoints. These above three projects involve several related contracts that allow the (1) manufacture and installation of Non-Intrusive Cargo Detection Systems, (2) construction and site preparation, and (3) purchase of generators for each site due to the poor electricity problems in Egypt. For more detailed inspections within vehicles, portable devices are required. II. Requirements The Contractor shall deliver nine (9) ruggedized, self-contained, compact, lightweight handheld backscatter imaging systems to NDF customers in Egypt, and train Egyptian personnel in their use. The Contractor shall manufacture, ship, provide operational instruction, and provide standard one-year warranty support for all equipment. At a minimum, the handheld backscatter imaging system shall be capable of the following: - Scanning targets such as vehicle bumpers, tires, panels and interior of vehicles and containers in such a manner as to be both safe to personnel and effective as a means of detecting contraband such as arms, drugs, ammunition and explosives; - Scan utilizing x-ray photons source no greater than 120 kilo electron volts (keV); - Providing photo-like images of scanned targets through 1mm to 2.5mm thick steel; - Self-contained operations in a dry, hot, desert climate; capable of operating in environments from -35 degrees Fahrenheit to 135 degrees Fahrenheit - Weigh less than 9.5 lbs; - All equipment shall be warranted against defects in materials and workmanship for a period of at least one year from the date of installation. Extended warranty coverage shall be proposed as a separately priced option. - Following equipment delivery, the Contractor shall train host country end-users in equipment operation and basic maintenance. The Contractor shall conduct the training in one location for up to 30 personnel. The Contractor shall provide the training in Arabic language. At the conclusion of training, host country end users must have adequate knowledge and reference resources necessary to operate the equipment safely and effectively, interpret imagery, and conduct routine maintenance on the equipment. III Period of Performance - The Handheld Backscatter Imaging System shall be delivered to all sites within 12 months after receipt of the order. - All end-user training shall be completed prior to acceptance of the systems. IV Place of Performance - This equipment shall be delivered to the following locations in Egypt: o Koustal o Salaam Bridge Eastbound o Hamdi Tunnel Eastbound o Sharm El Sheikh o El Salloum o Port Fouad Eastbound o Port Fouad Westbound o Salaam Bridge Westbound o Hamdi Tunnel Westbound - Actual addresses of each equipment will be provided after consultation between the contractor and the end user. - Training location's address will be provided after consultation between the contractor and the end user. V Additional Deliverables - The Contractor shall furnish the COR with weekly project status reports. At a minimum, these reports shall detail: o Work completed during the reporting period; o Manufacturing status; o Progress made towards significant project milestones; o Problems encountered and action taken to overcome those problems; o Action items requiring Department of State or host government attention; o Training schedule(s); o Training materials; o Any recommendations the Contractor may offer to improve project efficiency; and o Any other information pertinent to project progress. The Contractor shall furnish Arabic-language copies of all equipment documentation and training materials. One complete set shall be provided to each host country end-user during end-use training sessions. All documentation is unclassified. Additionally, Contractor personnel shall attend regular and ad-hoc meetings at the Department of State's Washington, DC headquarters, as may be required by the COR. Key Personnel: The Contractor shall assign the following key personnel this task order: LABOR CATEGORY NAME Program Manager TBD Project Manager TBD The Program Manager is responsible for overall task order management and serves as the Government's primary point of contact for contract issues. The project manager is responsible for overseeing technical implementation of all task order requirements, and serves as the COR's primary contact for day-to-day technical issues. - The Contractor will provide the Department of State Contracting Officer the names of all personnel who are assigned to this project, including subcontractors. - All proposed substitutes shall meet or exceed the qualifications of the person to be replaced. The Contracting Officer shall be notified in writing of any proposed substitution at least forty-five days, or ninety days if a security clearance is to be obtained, in advance of the proposed substitution. Such notification shall include: - An explanation of the circumstances necessitating the substitution; - A complete resume of the proposed substitute; and - Any other information requested by the Contracting Officer to enable him to judge whether or not the Contractor is maintaining the same high quality of personnel that provided the partial basis for award. - Government-furnished Information The Department of State will provide, if required and appropriate, the Contractor with the text of unclassified correspondence and unclassified agreements with the host government, as may be necessary to facilitate task order execution. All task orders will be unclassified. DOSAR 652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999) (Reference DOSAR 642.272(a)) (a) The Contracting Officer may designate in writing one or more Government employees, by name and position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation. AUTHORITY OF CONTRACTING OFFICER All work shall be performed under the general direction of the Contracting Officer, who alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested by the contract, except that the Contracting Officer shall have the right to designate authorized representatives to act for the Contracting Officer, as specifically provided in the designation of that individual, such as a Contracting Officer's Representative (COR). Contracting Officer: Joonpil Hwang E-mail:
contact@example.gov First Class Mailing: U.S. Department of State Office of Acquisition Management P.O. Box 9115, Rosslyn Station Arlington, Virginia 22219 Contracting Officer's Representative (COR): TBD E-mail: TBD PAYMENT Invoice submission is only via the Office of Claims' Commercial Claims Operations fax server, toll-free number:
+1 (555) 000-0000, or
contact@example.gov, unless otherwise indicated. Each invoice must be transmitted separately. To constitute a proper invoice, the invoice must include the following information and/or attached documentation: (1) Name and Address of the Contractor (2) Dun and Bradstreet Universal Number System (DUNS) (3) Date of invoice (4) Unique Vendor Invoice Number - Our Financial System cannot accept the following characters: @ (at symbol), ~ (Tilde), & (Ampersand), ' (Apostrophe), " (Quotation) and spaces. Please do not include any of these characters as part of your invoice number. (5) Remittance Contact Information (6) Shipping Terms, Ship to Address (7) Payment Terms (8) Total Quantity of Items (9) Total Invoice Amount (10) Requisition Number, Contract Number and Order/Award Number, with modification number if applicable. (11) Order line item number and information (see below instructions) The name and DUNS of the contractor on the invoice must match the information indicated on the order/award for proper payment. IMPORTANT: For proper payment, the invoice must detail products and/or services delivered on a line item basis in direct accordance with the corresponding order/award/contract. Each line item must contain the following information: (1) Description of the services rendered for each line item (2) Line Item Quantity (3) Line Item Unit Price (4) Total Line Item Invoicing Amount (5) Delivery Date (6) Contract Line Item Number (CLIN) (7) Order/Award Line Item Number if invoicing against a task or delivery order or Blanket Purchase Agreement (BPA) Please note that many task or delivery orders against Department of State or GSA contracts or blanket purchase agreements may have a separate and unique line item number in addition to the umbrella Contract Line Item Number (CLIN). The order line item number as well as the umbrella award CLIN must be referenced at each invoice line item level in such cases. All payment to domestic claims will be disbursed by electronic funds transfer EFT. Vendors who are registered in the Central Contractor Registration (CCR) should verify and re-confirm their financial information in the database prior to invoicing. Vendors who wish to request a waiver of CCR or payment by check must submit their justification to their assigned contracting officer for consideration at least 30 days prior to billing. For vendors who are granted an EFT exception, the payment address on the invoice must match the remittance address in the vendor record cited in the award. Additional correspondence should be addressed to: U.S. Department of State Global Financial Services Attn: Office of Claims (RM/GFS/F/C) Charleston Financial Service Center Mailing Address: Post Office Box 150008 Charleston, SC 29415-5008 Telephone Numbers: Director's Secretary Voice
+1 (555) 000-0000 Fax
+1 (555) 000-0000 Official Office Hours: 8:00 am - 5:00 pm To request Payment Status on a Past Due Invoice contact: Office of Claims Customer Service Email:
contact@example.gov Phone:
+1 (555) 000-0000 Toll Free Person to Contact: Supervisor, Vendor Claims Email:
contact@example.gov (End of clause) SAFEGUARDING OF INFORMATION The Contractor and its employees shall exercise utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except to the extent necessary to perform their required duties in the performance of the contract requirements or as provided by written authorization of the Contracting Officer. All documents and records (including photographs) generated during the performance of work under this contract shall be for sole use of and shall become the exclusive property of the U.S. Government. No article, book, pamphlet, recording, broadcast, speech, television appearance, film or photograph concerning any aspect of the work performed under this contract shall be published or disseminated through any media, to include company websites, without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract or at any other point in time. The Contract shall include the substance of this provision in all subcontracts hereunder. The contractor shall notify the Contracting Officer if any legal dispute arises between the contractor and any subcontractor or vendor pertaining to performance on this contract which could potentially result in disclosure of any information related to design, construction or maintenance of a diplomatic facility overseas. Legal disputes include legal actions submitted to civil, criminal, local or federal courts, as well as disputes submitted to arbitration or mediation. This responsibility to notify the Contracting Officer shall not cease upon the expiration or termination of this contract. The contractor hereby agrees to be responsible for all costs associated with the release, whether authorized or unauthorized, of project information for which the contractor or a subcontractor at any level is responsible, including releases associated with legal disputes, and agrees to fully indemnify the government for any expense that the government incurs as a result of the release or use of information including all costs associated with steps taken by the government to mitigate exposure in anticipation of the use of project information in legal disputes and/or costs which result from mitigation of the release of project information. This indemnity agreement made herein by the contractor includes all disputes with, between, and among the contractor and any party and the contractor's sub-contractor's, to the lowest tier and any party. This agreement by the contractor to fully indemnify the government shall not cease upon the expiration or termination of this contract. The contractor shall include the substance of this provision in all subcontracts. GOVERNING LAW The laws of the United States shall govern the contract and the interpretation thereof. LAWS AND REGULATIONS The Contractor shall, without additional expense to the Government, be responsible for complying with all laws, codes, ordinances, and regulations applicable to the performance of the work, including those of the host country, and with the lawful orders of any governmental authority having jurisdiction. Host country authorities may not enter the construction site without the permission of the Contracting Officer. Unless otherwise directed by the Contracting Officer, the Contractor shall comply with the more stringent of the requirements of such laws, regulations and orders and of the contract. In the event of a conflict among the contract and such laws, regulations and orders, the Contractor shall promptly advise the Contracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer. Labor, Health and Safety Laws and Customs. The Contractor shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract. Subcontractors. The Contractor shall give written assurance to the Contracting Officer that all subcontractors and others performing work on or for the project have obtained all requisite licenses and permits. Evidence of Compliance. Proper documentation and evidence satisfactory to the Contracting Officer of compliance with this clause shall be submitted by the Contractor at such times as directed by the Contracting Officer. WAR RISKS Notwithstanding the language of any Contract clause entitled "Default," or any other provision of this contract, and except as set forth in paragraph H.15.6 below, the Government assumes the risk of loss or damage to and/or destruction of, completed or partially completed work performed under this contract, and materials delivered to the site, where such loss, damage, and/or destruction occurs by, or as a result of war risks such as civil commotion, riot, sabotage, insurrection, rebellion, revolution, or hostile or warlike action, including action in hindering, combating, or defending against an actual impending or expected attack by any government or sovereign power (de jure or de facto) or by any authority using military, naval or air forces, and agrees that the Contractor shall not be responsible for such loss, damage and/or destruction. If directed in writing by the Contracting Officer (CO), the Contractor shall proceed to replace and/or repair such part of the completed work as may have been lost, damaged, and/or destroyed as herein set forth, and in such event, an equitable adjustment shall be made in accordance with existing procedures. If the Contractor carries any insurance which the CO determines may cover any of the risks assumed by the Government under this section, the Contractor shall make demand against the insurer in the amount recoverable, and to reduce its claim hereunder by the net amount recovered from the insurer or, at the option of the CO, assign to the Government its rights against the insurer for the risks covered by this clause and, upon the request of the CO, furnish to the Government, and (at the Government's expense), all reasonable assistance and cooperation (including the prosecution of suit and the execution of instruments of assignment or subrogation in favor of the Government) in obtaining recovery. Any indemnification or other coverage of such risks under the laws or regulations of the countries in which the work is performed or from any other source shall be pursued and treated in the same manner as above in this paragraph. If the total amount of compensation from the above sources exceeds the amount of the allowable claim, such excess shall be paid to the Government. The Contractor shall give the CO prompt notice of any loss of, damage to, and/or destruction of, property for which the Government has assumed the risk under this clause, and shall furnish evidence or proof of such loss, damage, and/or destruction in such manner or form as may be required by the CO. The Government is not obliged to replace or repair the work that has been lost, destroyed, or damaged. Except for payments by the Government, if the Contractor is in any way compensated for any loss or destruction to the work, the Contractor, as directed by the CO, shall either: Use the proceeds to repair, renovate, or replace the work involved; or Pay such proceeds to the Government. The Contractor shall indemnify and save harmless the Government from and against all claims, damages, losses and expenses, direct, indirect or consequential arising out of or resulting from any act or omission of the Contractor, its agents, employees, or any subcontractor, in the execution or protection of the work. The Contractor's assumption of liability continues independent of the coverage of any insurance policies. Failure to agree to any adjustment contemplated under this section shall be a dispute within the meaning of the Disputes Clause. However, nothing in this Section shall excuse the Contractor from proceeding with the work, including the repair and/or replacement as herein required. ASSIGNMENT The Contractor shall not assign the contract or any part thereof without the written consent of the Contracting Officer, nor shall the Contractor assign any moneys or other benefits due or to become due to him hereunder, without the previous written consent of the Contracting Officer. REVIEW OF DOCUMENTS AND LOCAL CONDITIONS Each Offeror is responsible for: 1. Thoroughly examining the Solicitation Documents and the proposed Contract Documents and understanding the requirements thereof. 2. Visiting the project site and verifying all pertinent site conditions, including the past, current, and future security conditions that might have an impact upon the contractor's performance of the contract. 3. Knowing all applicable U.S. and host country laws and regulations, including host country laws and regulations concerning the importation of labor and materials, taxes, or otherwise bearing on the performance of the Contract. 4. Familiarizing itself with all codes, standards and other documents referenced in the proposed Contract Documents. 5. Ascertaining the availability of all materials and equipment necessary to produce the work required by the proposed Contract Documents, of sufficient skilled labor to perform the work, and of the availability of transportation to the site. INDEMNIFICATION AGAINST CLAIMS AND ENCUMBRANCES The Contractor shall indemnify the Government for any and all costs or damage which the Government may suffer by reason of the failure of the Contractor to comply with this contract, and in this connection agrees to defend the building(s), premises, and the Government, against such claims or encumbrances. In the event that any such claim or encumbrance is not promptly removed, the contractor agrees to defend the building(s), premises, and the Government, against such claims or encumbrances. In the event that any such claim or encumbrance is not promptly removed or otherwise disposed of to the satisfaction of the Contracting Officer, the Government may, at its discretion, satisfy or remove such encumbrance, and the Contractor shall be liable for any expenses, including any legal fees, incurred by the Government therein. OTHER SERVICES NOT TO RELIEVE CONTRACTOR In the interest of expediting the project, the Government may, in its sole discretion, undertake to provide additional services for or on behalf of the Contractor which are not required of the Government under this contract, such as assisting the Contractor in obtaining customs clearances other than those for which the Government is responsible, tax exemptions, licenses, permits and approvals from local governmental authorities. However, the Government shall be under no obligation to do so, and neither the provision nor the failure to provide such services nor the manner in which such services are provided shall relieve the Contractor of or excuse the Contractor from any of its responsibilities under the contract. ERRONEOUS REPRESENTATIONS The certifications and representations made by the Contractor, and in particular the certification regarding previous crimes, debarments, suspensions, and defaults contained in the representation and certification provision of the contract solicitation, are material representations of fact upon which the Government relies when awarding the contract. If it is later determined that such certifications and representations were erroneous, in addition to other remedies available to the Government, the Government reserves the right to terminate for default any contract resulting from the solicitation. AUTHORIZED REPRESENTATIVE OF THE CONTRACTING OFFICER The Contracting Officer may designate in writing one or more Government employees, by name and position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract. Contracting Officer Representative (COR): The Government control of the Project at the site shall be under the direction of the COR. The COR is the authorized representative of the Contracting Officer as to the interpretation of the Contract Drawings, Specifications, and other contract terms within the COR's express delegation of authority from the Contracting Officer which will be provided in writing. The COR shall obtain the decision of the Contracting Officer when necessary. U.S. Government Personnel. No Government representative, unless that representative is designated or appointed as a Contracting Officer, has authority to issue technical direction which: (1) Constitutes an assignment of additional work outside the Statement of Work; (2) Constitutes a change as defined in the contract clause entitled "Changes;" (3) In any manner causes an increase or decrease in the total price or the time required for contract performance; or (4) Changes any of the expressed terms, conditions or specifications of the contract. Any work performed by the Contractor at the direction of other than a warranted Contracting Officer, acting within the limitations of their authority, shall be at the Contractor's own risk and expense. RESPONSIBILITY OF CONTRACTOR Damage to Persons or Property. The Contractor shall be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence, and shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others. Responsibility for Work Performed. The Contractor shall be responsible for all materials delivered and work performed until final completion and acceptance of the entire work, except for any completed unit of work which may have been accepted in writing under the contract. Responsibility of the Contractor. It is the responsibility of the Prime Contractor to review and approve all submittals initiated by their respective subcontractors. Any submittal received by the Government for review and approval that has not been first reviewed and approved by the Prime Contractor may be summarily rejected without discussion. INFORMATION CONCERNING THE HOST COUNTRY Information Concerning Host Country. The offeror shall confirm and verify all information and shall not rely on data provided by the Government concerning the host country, such as climatological data at the site, local laws and customs, currency restrictions, taxes, or the availability of local labor, materials and transportation, etc. It is the responsibility of the Offeror to determine and gather the information necessary to perform this contract. Information Obtained by Offeror. Before submitting a proposal, each Offeror shall, at its own expense, make or obtain any additional examinations, investigations, explorations, tests and studies, and obtain any additional information which the Offeror requires. Notice of Errors or Discrepancies. Offerors shall promptly notify the issuing office of any apparent ambiguity, inconsistency or error in or among the Solicitation Documents, the proposed Contract Documents, site data provided by the Government, and the requirements of applicable laws, regulations or customs, which they discover as a result of their examination of such documents or upon examination of the project site and review of local conditions affecting the performance of the contract. If necessary, the Government will issue Amendments to supplement the documents or correct any ambiguity, inconsistency or error found. CHANGE ORDER PROCESSING In the event a change to the contract is required, either due to a request from the Government or as identified by the Contractor, the Government will endeavor to issue an appropriate modification, if required, within thirty (30) days if within the authority of the Contracting Officers Representative or within sixty (60) days if additional approvals are required. TRAFFICKING PERSONS COMPLIANCE PLAN CERTIFICATION Contractors shall certify annually to the CO and COR that the contractor and subcontractors have a compliance plan in place appropriate to the size and nature of the program to prevent trafficking activities and to comply with Section H.50 Labor Relations & Actions, and the trafficking in persons clause 52.222-50 COMBATING TRAFFICKING IN PERSONS. The certification shall confirm that, to the best of its knowledge and belief, neither the prime nor subcontractor have engaged in any trafficking related activities described in section 106(g) of the Trafficking Victims Protection Act (TVPA) or the prohibitions of this clause. CLAUSES INCORPORATED BY REFERENCE 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications. OCT 2015 CLAUSES INCORPORATED BY FULL TEXT 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-- REPRESENTATION (NOV 2015) (a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10). (b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (c) Representation. The Offeror represents that-- (1) It [ ] is, [ ] is not an inverted domestic corporation; and (2) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation. (End of provision) 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not 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 ...