F5 VELOS SYSTEM & ASSOCIATED SERVICES FOREIGN MILITARY SALES CASE

Item    Description                                    Quantity         Item Requirements Para

A         VELOS Chassis                                    2             3.3.1

B         VELOS Blade                                       4             3.1.2

C         Velos FIPS License                              2             3.1.3

D         Velos FIPS License                              2             3.1.3

The Government intends to procure commercial services which are defined in the PWS.  A high-level overview is as follows.

Item

A         OCONUS Consulting Support           1                      3.2.1

B         VELOS Service                                  1                      3.2.2

C.        VELOS Service                                  1                      3.2.3

D.        VELOS Service                                  1                      3.2.4

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 this solicitation. 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:

The Government intends to award a single Firm Fixed Price contract resulting from this solicitation. The source selection process will be conducted in accordance with FAR 52.212-2, utilizing the Lowest Price Technically Acceptable (LPTA) method. The following factors will be used to evaluate offers:

1) Technical Acceptability:

a.) To be considered technically acceptable, the offeror must submit a technical proposal that defines the complete item list (to include but not limited to NO COST line items) they propose and details how they will achieve the requirements defined in the Performance Work Statement (PWS). Proposals that merely restate, rephrase, or copy the requirements of the PWS without providing a substantive narrative of the offeror's approach will be considered technically unacceptable and will not be evaluated further. Proposals that consist solely of Original Equipment Manufacturer (OEM) data sheets without an accompanying narrative, will be considered unacceptable

b.) The proposal must demonstrate that the offered items meet or exceed all characteristics listed in paragraphs 3.1.1, 3.1.2, 3.1.3, 3.2.1, 3.2.2, 3.2.3, and 3.2.4 of the PWS.

c.) The proposal must affirmatively address all requirements for Contract Data Requirements Lists (CDRLs) and the CONUS-based warehouse capability as defined in the PWS.

d.) The Government's evaluation will be limited to the information provided by the Offeror. The Offeror is responsible for submitting a proposal with sufficient detail to clearly demonstrate a full understanding of and compliance with the solicitation requirements. The use of hyperlinks is prohibited.

e.) If the Offeror includes assumptions, terms, conditions, caveats, or exceptions with the technical proposal, the offer may be considered technically unacceptable and therefore ineligible for award.

2) Price:

a.) The Government shall evaluate the total price for all line items for price reasonableness. A price realism analysis will not be conducted.

b.) In line with the LPTA process, the Government will first evaluate the lowest priced offer for technical acceptability. Should that offer be determined technically unacceptable, the next lowest priced offer will be evaluated for technical acceptability, and so on, until an offer is found to be technically acceptable and an award can be made.

3) Discussions:

The Government intends to award without discussions but reserves the right to hold discussions if necessary.

Government Inspection and Acceptance:

In conjunction with the request for pickup, the contractor shall be ready for Government quality assurance inspection and acceptance at their facility. The contractor shall provide the cognizant DCMA Quality Assurance Representative (QAR) access to the staged material for verification. The contractor must have all necessary documentation available to demonstrate that the items conform to the contract's requirements, including the PWS and all warranty provisions.

Upon successful verification, the DCMA QAR will formally accept the items on behalf of the U.S. Government. This formal acceptance at source is the point at which title passes to the Government and is a prerequisite for arranging pickup.

FOB ORIGIN SHIPPING INSTRUCTIONS

The delivery term for this contract is Free on Board (FOB) Origin. The Government, through the Defense Contract Management Agency (DCMA), is responsible for the pickup and transportation of all items from the contractor's facility. The contractor's responsibility for the equipment ends once it has been formally accepted by the Government's representative at the contractor's designated facility.

CRITICAL NOTE: THE CONTRACTOR SHALL NOT, UNDER ANY CIRCUMSTANCES, SHIP THE MATERIAL.

The contractor shall adhere to the following process:

1. Consolidation and Staging:

The contractor shall consolidate and stage all items required for a complete Contract Line Item Number (CLIN) at their facility. Partial shipments are not authorized and will be rejected.

2 Request for Government Pickup:

Upon staging the complete order, the contractor shall contact the cognizant DCMA office to submit a Shipping Instructions Request (SIR). This request must be submitted no less than fifteen (15) business days prior to the desired pickup date. This lead time is mandatory for the Government to coordinate transportation.

3. Packaging and Marking:

Prior to the scheduled Government pickup, the contractor shall prepare the shipment for transit. All items shall be packaged in accordance with standard commercial best practices suitable for protecting the items during shipment. The exterior of each shipping container must be marked in accordance with MIL-STD-129P, and at a minimum, must include the following information:

• Contract Number
• FMS Case Designator

DCMA Point of Contact:

The specific contact information for the cognizant DCMA office (including name, phone, and email) will be provided to the successful offeror upon contract award.

ADDITIONAL INSTRUCTIONS AND REQUIREMENTS

1. Solicitation Compliance:

Offerors are solely responsible for ensuring their submitted offer is fully compliant with all terms, conditions, and provisions set forth in this Combined Synopsis/Solicitation and any incorporated Federal Acquisition Regulation (FAR) clauses.

• The Government is not obligated to inform an Offeror of any compliance deficiencies in their proposal.
• Failure to comply with any provision may result in the Government deeming the offer technically unacceptable and therefore ineligible for award.
• The Government may, at its sole discretion, consider a non-compliant offer, but it is under no obligation to do so.

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 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items, for Paragraph (b) the following clauses apply:

            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 52.223-18- 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 Alternate A, System for Award Management

DFARS 252.204-7007 Alternate A, Annual Representations and Certifications

DFARS 252.204-7011 Alternative Line-item Structure

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 252.211-7003 Item Unique Identification and Valuation

DFARS 252.211-7006 Passive Radio Frequency Identification

DFARS 252.215-7007 Notice of Intent to Resolicit

DFARS 252.223-7008 Prohibition of Hexavalent

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 252.225-7979 Additional Access to Contractor and Subcontractor Records in the United States Central Command Theater of Operations (DEVIATION 2018-O00008)

DFARS 252.225-7995 Contractor Personnel Performing in the United States Central Command Area of Responsibility (DEVIATION 2017-O0004)

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

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 252.204-7020 NIST SP 800-171DoD Assessment Requirements.

DFARS 252.204-7025 Notice of Cybersecurity Maturity Model Certification Level Requirements.

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

1. 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.

1. 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.

1. 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).

REQUIRED COMMERCIAL HARDWARE WARRANTY

1. Requirements for Warranty.  The contractor shall provide a no-cost warranty IAW below paragraphs.

 The Contractor shall provide a no-cost warranty 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 is 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 customer country. The warranty shall be for a minimum of one (1) year following the date of hardware acceptance by the U.S. Government.

Warranty Procedures. The FMS customer will notify the US Army Security Assistance Command (USASAC) New Cumberland (NC) of an equipment failure using a Supply Deficiency Report (SDR).  USASAC NC will forward the SDR to the CECOM SAMD SDR action officer, and the contractor will be notified of an equipment failure.  Exercising of the warranty shall commence upon contractor receipt of failure notification, at which point the warranty clock shall be stopped relative to the unit in question.  Upon receipt of the failed item, the contractor shall determine if the item and failure are covered by the warranty.  Upon confirmation that the contractor has repaired/replaced the item under warranty, the warranty clock shall be restarted.  The FMS Customer shall be responsible for the established contractual price for items tested and found to be a "False Pull" or "No Evidence of Failure (NEOF)". The contractor shall meet or exceed a 60-day turn-around time for repairs. This time shall be from the date of receipt of the failed item by the contractor at the Contractor’s facility, to shipment from the contractor's facility.  The contractor shall be responsible for the transportation cost of repaired items under warranty from the contractor’s facilities.  Transportation costs of repair items determined to be not under warranty shall be borne by the customer country.

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 quantity, unit, unit price, total price and grand total columns;

(5) Representation and Certifications compliant with FAR Clause 52.212-3;

(6) 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.

(8) An affirmative statement of agreement to all terms, conditions, and provisions of this solicitation and that the technical proposal does not include any assumptions, terms, conditions, caveats or exceptions.

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 Friday February 28, 2026, to Contract Specialist by email at: [email protected] .  All proposals received after that time wil