Night Vision Devices for Foreign Military Sales (FMS)

This solicitation is a Request for Proposal (RFP), Foreign Military Sales (FMS) Case AL-B-UBX AE24107, Country: Albania.

The associated North American Industrial Classification Standard (NAICS) Code is 333310 Commercial and Service Industry Machinery Manufacturing,  with a size standard of 1000 employees.

The Federal Supply Classification (Product Service Code, PSC)  is 1240, Optical Sighting And Ranging Equipment.

The Government, intends to procure the following Commercial items and/or services:

CLIN            Description                                                                                                            Quantity

0001            Vector Binoculars Day/Night with long range observation                         10

0002            Thermal monocular day/night                                                                                5

0003            Binocular Video recorder                                                                                           5

The U.S. Government reserves the unilateral right to make no award.  Offeror shall provide, as part of its proposal package, a technical proposal that is sufficiently detailed to prove that the commercial product it is offering meets all the salient characteristics in accordance with the solicitation and concomitant Performance Work Statement. Offeror shall include adequate sales history for the product(s) it is offering.

Basis for Award:

The following factors will be used to evaluate offers in accordance with 52.212-2:

1) The Government will evaluate the technical proposal to ensure that it meets the Government’s requirements.

The Government reserves the right to ONLY evaluate the LOWEST PRICED OFFEROR for technical capability. Should the lowest price offeror be determined as unacceptable, the next lowest offeror will be evaluated for technical capability, and so forth.

The Government intends to award without discussions but reserves its right to hold discussions.

2) The contract type will be Firm Fixed Price. The Government shall evaluate the price for price reasonableness of the proposal and a price realism analysis shall not be conducted. Award will be made to the Lowest Price Technically Acceptable (LPTA) offer. Proposals must meet or exceed the characteristics list in paragraph 3.1 of the Statement of Work (SOW). 

In addition to pricing proposal, vendors shall submit the following documents:

a. CMMC Level 2 Self (or higher) certification

b. Specification sheets per Original Equipment Manufacturer (OEM) for all product offerings

Those offerors who have not submitted the required documents listed above will be considered non-responsive and shall not be considered.

3) This will be a 100% Small Business Set-Aside.  Only offers from eligible Small Business Concerns will be accepted.  FAR 19.001 Concern means any business entity organized for profit (even if its ownership is in the hands of a nonprofit entity) with a place of business located in the United States or its outlying areas.

 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. No partial shipments are allowed

3. The vendor will mark the outside of each box in accordance with current commercial packaging MIL-STD-129P.  Label with the contract number and FMS Case Designator.

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.

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 Offeror 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.  Partial shipments are Not Authorized.

Packaging requirements shall be in accordance with guidance outlined in Standard Practice for Commercial Packaging (ISPM15), American Society for Testing and Materials (ASTM) Designation: D3951-98, commercial packaging and preservation.  “Level of Protection (LOP): Commercial, Level of Pack (LPK): Commercial, Quantity Unit Pack (QUP): 001.  Marking shall be in accordance with MIL-STD-129P.

Inspection and Acceptance shall be at SOURCE/ORIGIN for Hardware.

Offeror shall comply with Security requirements, where applicable, in paragraph 1.6 of the Statement of Work.

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 52.204-10 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 Small Business Set-Aside

FAR 52.219-8 Utilization of Small Business Concerns

FAR 52.219-14 Limitations on Subcontracting

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 52.222-26 Equal Opportunity

FAR 52.222-36 Affirmative Action for Workers with Disabilities

FAR 52.222-90 Addressing DEI Discrimination by Federal Contractors

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

FAR 52.222-50 Combating Trafficking in Persons

FAR 52.225-13 Restriction on Certain Foreign Purchases

FAR 52.227-1 Authorization and Consent   

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

FAR 52.232-39 Unenforceability of Unauthorized Obligations

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 52.246-2 Inspection of Supplies-Fixed-Price

FAR 52.247-29 F.O.B. Origin

FAR 52.247-34 F.O.B. Destination

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE

FAR 52.215-6 Place of Performance

The following DFARS clauses apply: 

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 252.204-7003 Control of Government Personnel Work Product

DFARS 252.204-7004 Antiterrorism Awareness Training for Contractors

DFARS 252.204-7007 Alternate A, Annual Representations and Certifications

DFARS 252.204-7009 Limitations on the Use of Disclosure of Third Pary Contractor Reported Cyber Incident Information

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

DFARS 252.204-7020 Notice of NISTSP 800-171 DoD Assessment Requirements

DFARS 252.204-7021 Cybersecurity Maturity Model Certification

DFARS 252.211-7003 Item Unique Identification and Valuation

DFARS 252.215-7007 Notice of Intent to Resolicit

DFARS 252.225-7013 Duty-Free Entry

DFARS 252.225-7027 Restriction on Contingent Fees for Foreign Military Sales;

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

DFARS 252.225-7048 Export-Controlled Items

DFARS 252.227-7015 Technical Data- Commercial Items;

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

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 252.243-7001 Pricing of Contract Modifications

DFARS 252.244-7000 Subcontracts for Commercial Items

DFARS 252.247-7023 Transportation of Supplies 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

Army Contract Writing System (ACWS) Transition Information for Contractors

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 Contract.

b. During this transition period, Contractors are hereby advised:

1. The Contracting Office may use any combination of contract writing systems to generate distributable copies of this contract during its period of performance, as well as any subsequent modifications or orders (if applicable). As a result:

1. 1. Subsequent documents you receive may appear noticeably different than the original award or previous contractual documents from the same Contracting Office.

1. 1. A change between contract writing systems may cause important information concerning contract terms and conditions to take on different formatting or appear in different parts of later documents issued.

1. 1. Contractors shall ensure Customer Relationship Management (CRM) systems and personnel interacting with this contract are prepared to identify and respond appropriately to differences between document versions.

2. The Government does not intend to use the shift between contract writing systems to effect any changes to Contract terms and conditions. Therefore:

1. 1. Contractors should view changes to terms or conditions between document versions as system-generated and potentially erroneous unless accompanied by narrative(s) designating such changes as deliberate and desired.

1. 1. Contractors shall inform the Contracting Officer listed on the first page of the most recent document issued for guidance regarding any suspected or observed inadvertent or system-generated changes (e.g. noticing something missing in a new conformed copy).

1. 1. The Government will correct any inadvertent or system-generated changes, additions, or omissions discovered by either party, via bilateral modification, at no cost to the Contractor.

1. 1. The terms and conditions contained in the latest document reflecting deliberate action by the Contracting Officer (e.g. the last conformed copy of the award not affected by the observed issue) will take precedence until these problems are corrected.

1. In the unlikely event award information is corrupted or mutilated during system migration and replacement or re-issuance of this contract is necessary for continued contract administration, the Contracting Officer will:

1. 1. Issue a continuation contract in accordance with DFARS 204.1601(c) and DFARS PGI 204.1601(c), carrying over all terms and conditions from the last-known version of this contract accurately reflecting mutual agreement of the parties.

1. 1. Incorporate the last-known version of this contract accurately reflecting mutual agreement of the parties as an attachment to the replacement or continuation contract for future reference.

1. 1. Ensure any such reissuance or continuance is properly reported to preserve the integrity of Contractor performance measurement data, if any (e.g. FAPIIS, CPARS).

Warranty     

                                                                                                                                                                      The Offeror’s offer shall include a standard 1-year warranty.

Requirements for No Cost Warranty.  The contractor shall provide a warranty for this Foreign Military Sale (FMS) covering defective workmanship and material defects for all items furnished in accordance with this contract or any modification thereof.  Coverage of the Warranty shall be for a minimum of one (1) year (twelve (12) months) in duration in time, and shall start at the time of pick up for shipment at point of origin.  Terms of this warranty shall be amended to extend coverage to final FMS customer(s) Outside the Continental United States (OCONUS).

No Cost Warranty Manual. The contractor shall provide an operational manual and/or an instructional insert to accompany the items furnished in accordance with this contract or any modification thereof, describing the actions to be taken by the user in order to exercise the warranty to obtain repaired/replaced equipment.  This warranty guidance/instruction shall be provided as a minimum in the English Language (and preferable additionally in the native language of the FMS customer if requested during negotiation).  Warranty documents should include contact information (phone number(s) and/or address (es)) of warranty claim Point of Contacts (POCs) for FMS customer. 

No Cost Warranty Procedures. Upon arrival at the contractor’s 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)", to include all incurred associated transportation costs.  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 of repaired/ replaced equipment from the contractor's facility.  An extended “No Cost” warranty covering repaired/replaced items against defective workmanship and material defects, shall be provided for a minimum of one (1) year (twelve (12) months) in duration in time, and shall start at the time of pick up for shipment.  The contractor shall be responsible for transportation cost from the FMS customer to the contractor’s facility and return to the FMS customer.  Due to the nature of FMS, if notification of defective item(s) was provided to the contractor before the expiration date of the “No Cost” warranty, the contractor shall not dismiss a warranty claim regardless if items to be repaired/replaced arrive to the contractor’s facilities after the expatriation date of the “No Cost” warranty.

No Cost Warranty Markings. Warranty markings shall be applied to Item/Equipment.  Warranty markings should be applied to unit, intermediate and shipping containers, if possible.  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.

PACKAGING AND MARKING:

Requirements for 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.

Wood Packaging Material (WPM) includes but is not limited to pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frame, and cleats. This requirement excludes materials that have undergone a manufacturing process, such as corrugated fiberboard, plywood, particleboard, veneer, and oriented strand board (OSB).  All WPM shall meet the requirements of International Standards for Phytosanitary Measures (ISPM) Number 15, Regulations in Wood Packaging Material in International Trade (2009). DoD shipments inside and outside of the United States shall meet the requirements of ISPM 15 whenever WPM is used to ship DoD cargo.

All WPM shall comply with the official quality control program for heat treatment (HT) or kiln dried heat treatment (KD HT) (IAW) American Lumber Standard Committee (ALSC), Incorporated, Wood Packaging Material Program and WPM Enforcement Regulations (see ALSC WPM).

All WPM shall include certification/quality markings IAW the ALSC standard. Markings shall be placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally opposite sides of the pallet and be contrasting and clearly visible. All containers shall be marked on a side other than the top or bottom, contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ASLC approved DUNNAGE stamp.

Failure to comply with these requirements may result in refusal, destruction, or treatment of materials at the point of entry. The Government reserves the right to recoup from the contractor any remediation costs incurred by the Government. Handling, Storage, Preservation, Packaging and Shipping. The Contractor shall establish, maintain, control and be responsible for the handling, storage, preservation, packaging, and shipping to protect the quality of the materials and to prevent damage from loss, deterioration, degradation, or substitution of products.

PROPOSAL SHALL INCLUDE:

(1) Solicitation W91CRB26C5052 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 and Unique Entity Identification Number UEID);

(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) Specification sheets per Original Equipment Manufacturer (OEM) for all product offerings;

(6) CMMC Level 2 Self (or higher) certification.

(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.  (7) Warranty terms and conditions in accordance with the Warranty provision, submitted in Microsoft Word or PDF format.

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 PROPOSAL:

Quotes and any applicable attachments shall be submitted NLT Noon EST on Tuesday June 09 2026, to Contract Specialist by email at: [email protected] and copy Contracting Officer Andrew W. Kelly at  [email protected]