Addendum to FAR 52.212-1 2025.09.17.pdf

Addendum to FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services.

1. CONTRACT AWARD:

1.1. The Government intends to award a contract resulting from this solicitation to the responsible offeror(s) whose proposal represents the best value after evaluation in accordance with the factor and sub-factors in the solicitation. The contract will be a firm fixed price CLINs for Field Level Maintenance and Repair of Tracked Vehicles and Engineer Equipment for 2nd Infantry Division (ID). In accordance with FAR part 13.5, Award will be made to the responsible offeror whose proposal represents the best overall value to the Government, considering both price and non-price factors. The Government will evaluate proposal using a price and other factors approach, where non-price factors, when combined, are approximately equal to price. All non-price factors and subfactors will be rated as either "acceptable" or " unacceptable". In order to be considered for award, there must be an "acceptable" rating in every non-price factor/subfactor. In other words, a rating of "unacceptable" for any factor or subfactor will result in the entire offer being rated "unacceptable".

The following ratings will be used in evaluating all non-price factors and subfactors except Past Performance:

ACCEPTABLE: Offer meets the minimum requirements of the solicitation.

UNACCEPTABLE: Offer does not meet the minimum requirements of solicitation.

1.2. To be determined technically acceptable, all factors must be acceptable to obtain an acceptable rating for the technical proposal. The proposals are intended to be evaluated and awarded without discussions with the offerors. However, if the award cannot be made on initial proposals, the Government will negotiate with all offerors in the competitive range. The Government reserves the right to limit the number of most highly qualified offerors selected for the competitive range negotiations for the purposes of executing an efficient competition.

Offerors are required to submit the following information 1) Technical Capability 2) Management Pan 3) Past Performance, and 4) Price, by the closing date/time of RFP. Failure to submit as required shall be grounds for determining the offer to be noncompliant and ineligible for the contract award.

1.3. In accordance with FAR 52.212-1 “Instructions to Offerors-Commercial Items (OCT 2014), the Government reserves the right, based on the Government’s best interests, to make a determination to: 1) award without discussions; 2) make a single award for this requirement; 3) establish a competitive range in order to conduct discussions; and/or 4) make no award if, upon evaluation, none of the offers are deemed likely to meet the requirements.

2. OFFER SUBMISSION: Offerors shall adhere to the following instructions:

2.1. These instructions are designed to ensure the submission of essential information in order for the Government to understand and evaluate offers. Offerors are cautioned to follow the detailed instructions fully and carefully, as the Government reserves the right to make award based on initial offers received, without discussions with Offerors.

2.2. Offerors are cautioned to submit adequate information to enable the Government team to fully ascertain each Offeror’s capability to perform all of the requirements identified in the solicitation. All commitments made in the offer shall become a part of the resultant contract.

2.3. Submission is required through Procurement Integrated Enterprise Environment (PIEE) Solicitation Module. Offerors shall submit each factor; Technical, Price, and Past Performance in separate files (PDF is the preferred file type). Offerors shall submit two copies of the technical and management plan portion: one original and one copy with company name and symbol redacted. The proposal shall

- Identify Company Information including Company Name, POC w/email address, phone No., DUNS and CAGE Code, UIE in the Proposal.

- The only acceptable file formats are PDF, Microsoft Word, and Microsoft Excel.

3. OFFICIAL MEANS OF DISSEMINATING INFORMATION:

Official Means of Disseminating Information after solicitation issued through SAM.GOV such as requests for clarification and/or information concerning this solicitation shall be submitted in writing or electronically as follows: (for each question, comment or observation, identify the Paragraph number being referenced).

411th CSB Branch C ATTN: Ms. YUN, SU OK Reference: Solicitation Number W91QVN25RA043 E-mail: suok.yun.ln@army.mil

No information concerning this solicitation or requests for clarification will be provided in response to offeror-initiated telephone calls. All questions should be submitted in writing via email to Mr. Pon V. Tran at pon.v.tran.civ@army.mil and Ms. Yun, Su Ok at suok.yun.ln@army.mil within seven (7) calendar days after the solicitation is issued or within three (3) business days after the site visit. Questions will be answered in writing and provided to all Offerors. Questions received after this date and time shall not be answered.

4. SUBMITTAL REQUIREMENTS

The Government intends to evaluate and make the award without discussions with the offerors, unless discussions are determined to be necessary. If discussions are determined to be necessary, then the Contracting Officer reserves the right to limit the competitive range for the purpose of efficiency.

4.1. FACTOR A - TECHNICAL

Sub-factor 1 - Prime Contractor’s Prior Experience: The offeror shall submit documentation demonstrating a minimum of two (2) years of experience within the last seven (7) years in Field Level maintenance and repair of Tracked Vehicle and Engineer Equipment or similar type of vehicle and equipment service from the issuance date of this solicitation and any amendment. The experience of a sub-contractor cannot be substituted for the prime contractor’s experience.

The offeror shall provide evidence of prior experience in the following format:

- The title of the contract/project

- A brief description of the work completed

- Name of the Client Organization or Requiring Activity

- Period of contract/project (year/month/date – year/month/date)

- Value of contract/project

- Complete name of point of contact at the Client Organization

- Phone number of the POC of the Client/RA

Sub-factor 2 - Prime Contractor’s Registration and Certification: The offeror shall possess the following registration and certification and license issued by the Republic of Korea (ROK) Government or ROK local Government to meet the required qualification stated in the PWS.

i) Business Registration (사업자등록증)

ii) Registration for Comprehensive Construction Machinery Maintenance and Repair (건설기계종합정비업) including anything of the following sub-categories listed below.

•All types (전기종)

•Excavator (굴착기)

•Forklift (지게차)

•Crane (기중기)

iii) Registration for General Automotive Vehicle Maintenance and Repair Business [Korean: 자동차종합정비업] mailto:pon.v.tran.civ@army.mil mailto:suok.yun.ln@army.mil

Sub-factor 3 – Personnel Qualification: Offeror is required to identify and ensure personnel possess the qualifications as described below. The offeror shall provide an individual (personal) resume for each of the position titles listed in paragraphs (a) and (b) below. Each Key personnel position shall be filled by separate individuals, at no time shall one individual act in two Key Personnel positions. All resumes must clearly identify as follows:

- Proposed position title

- The title of the contract/project

- Company Name/Employer, email/phone number of validating point of contact (POC)

- Length of work experience (year/month/date – year/month/date)

- Value of contract/project in KW for total amount

- Name, Phone number, Company name of POC of Client/Reference

- Certification of English Score

(a) Contract Manager (CM): The CM shall have a minimum of two (2) years of experience within seven (7) years of experience from the issuance date of this solicitation or any amendment as a CM in performing Field Level Maintenance and Repair of Tracked Vehicle and Engineer Equipment, or similar vehicles and equipment service. CM shall submit proof of, at minimum TOEFL iBT 65 or TOEIC score of 550.

(b) Site Manager (SM): The Contractor shall designate Site Manager at each site among Contractor mechanics who meet the Contractor Mechanics requirements stated below subparagraph 1.6.1.4.3.

The SM shall manage their workforce at each site in daily operation, coordinate with the Government representatives, and maintain a close liaison with the Government. The SM shall have a minimum of two (2) years of experience within the last seven (7) years in managing Field Level Maintenance and Repair of Tracked Vehicle and Engineer Equipment, or similar vehicles and equipment service as a site manager. The SM shall be competent in English, fully understand the requirement of this contract, and address all contract related issued to the COR. SM shall submit proof of, at minimum TOEFL iBT 50 or TOEIC score of 450.

(c) Contractor Mechanic: The Contractor shall have at minimum of 12 Contractor Mechanics at Camp Casey, and 10 Contractor Mechanics at Camp Humphreys.

(i) The Contractor Mechanic shall also possess a Craftsman Motor Vehicles Maintenance

License [Korean: 자동차정비기능사]

(ii) The Contractor Mechanic must have a minimum of two (2) years of experience within the last seven (7) years in:

• Maintenance and repair of Tracked Vehicles and Engineer Equipment, or

• Similar types of vehicles and equipment

• This experience must include field-level maintenance and repair

4.2. FACTOR B - MANAGEMENT PLAN

Organization Chart: The contractor shall have an Organization Chart which clearly demonstrates the existence of command and control, and which identifies at a minimum the following:

(a) Logical lines of communications, command and control

(b) Logical Organization Hierarchy

(c) Concurrent operation of all locations indicated in the PWS

Staffing Plan: The contractor shall have a staffing plan that clearly demonstrates how they plan to perform operations of tracked vehicles and engineering equipment. At a minimum the staffing plan shall include a chart that clearly identifies mechanics in each location of the PWS. In addition, the plan shall include a written replacement strategy, backup policy, retention policy and any other information pertinent to the execution of this requirement.

At a minimum, the staffing plan shall be addressed the following:

(a) Manpower Placement Status by workplaces.

(b) Key Personnel (Contract Manager and Site Managers) and each of their responsibilities in the management of the operations of tracked vehicle and engineering equipment. The contractor shall discuss each of the Key Personnel including detailing responsibilities of each position and how each of the Key Persons should support the operation of tracked vehicle and engineer equipment.

(c) Other Personnel and their roles in the operations of the tracked vehicle and engineer equipment. The contractor shall discuss the proposed other personnel detailed responsibilities of positions the operation of tracked vehicle and engineer equipment.

(d) Certifications and experience of the personnel proposed shall be addressed.

The feasibility of the proposed Staffing Plan will be assessed against the contractor’s overall Technical Capability and Management Approach to ensure the contractor has an adequate number of qualified personnel in appropriate labor categories to satisfy all PWS requirements.

4.3. FACTOR C - PAST PERFORMANCE

The offeror shall submit at least two (2) references for recent and relevant past performance within the last seven

(7) years from the issuance date of this solicitation. This data on recent contracts will be used by the Contracting Officer to evaluate past performance. The offerors shall present past performance for themselves, whose effort on this contract will significantly influence the performance of the proposed effort.

Past performance will be evaluated only on proposals that received a technically acceptable rating for this technical criteria in paragraph Factor A above.

Past Performance Contract References. The offeror shall submit documentation that demonstrates past performance experience in performing field level maintenance and repair of Tracked Vehicle and Engineer Equipment. Past Performance Contract Reference submissions are required in the format below:

- The title of the Contract/Project

- Description of Work completed

- Name of the Client Organization or Requiring Activity

- Length of Contract/Project (Year/Month/Date)

- Value of Contract/Project

- Complete Name, E-Mail and Phone Number of Point of Contact (POC) at Client Organization.

The following ratings will be used in evaluating Past Performance:

ACCEPTABLE: Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror’s performance record is unknown (See note below).

UNACCEPTABLE: Based on the Offeror’s performance record, the Government has no reasonable expectation that the Offeror will be able to successfully perform the required effort.

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”

4.4. FACTOR D - PRICE

The offeror shall submit complete CLINs identified for base period plus four (4) options. The proposed price will be reviewed to determine if the proposal is complete and reasonable. The pricing proposals will be evaluated in accordance with FAR 15.404-1(b).

(1) The price proposal shall set forth a summary of the total proposed price and a breakdown of the proposed price of each CLIN separately. Schedule of Services (CLINs) of the RFP for all five (5) years on the excel sheet including a summary of the total proposed price.

(2) Prices shall be in local currency (Korean Won). If there is no proposed price, offeror shall put zero “0” in the CLIN or Sub-CLIN. If the offeror does not put any amount, the offeror’s proposal is incomplete.

Incomplete proposal will not be accepted.

(3) Any escalation in option year pricing shall be identified.

(4) The offerors shall round all unit prices to the nearest whole Korean Won thereby eliminating the use of any decimal points.

5. COMPLETION OF PROVISIONS/CLAUSES:

Offeror(s) shall fill out the following FAR or local clauses and submit as the final part of the price proposal:

5.1. 52.212-3, Alt 1, Offeror Representations and Certifications--Commercial Items Alternate I.

5.2. Contractors Tax Exempt Declaration: Representations and Certifications including POL Estimate with breakdown of POL.

5.3. FAR Clause 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment and 52.204-26 Covered Telecommunications Equipment or Services- Representation (OCT 2020): The offeror shall check mark in checkbox on the representation whether the offeror WILL or WILL NOT provide the covered telecommunications equipment or services and DOES or DOES NOT use covered telecommunications equipment. The Offeror shall provide the additional disclosure information required at paragraph of this section if the Offeror responds "WILL" or "DOES" in paragraph of this section. (If both Clauses have been in SAM (https://www.sam.gov) already, you are not required to check mark).

6. SIGNED SOLICITATION AND AMENDMENT: Signed first page of the solicitation (SF1449) and each amendment (SF30) (if any amendment were issued).

7. COMPANY INFORMATION: SAM Unique Entity ID, CAGE Code, and Address

8. TAX EXEMPTION DECLARATION OF REPUBLIC OF KOREA - The offeror shall complete the form attached and provide a signed copy. The offeror shall indicate specific types and quantities of POL products upon which offeror’s based and for which tax exemption is allowed in this Solicitation.

9. GENERAL INSTRUCTIONS FOR PREPARATION OF PROPOSAL

(1) Offerors are required to submit proposals in response to this solicitation in the following:

FACTOR A, Technical: 2 Copies (1 Original + 1 Copy with company name or symbol redacted)

FACTOR B, Management Plan: 2 Copies (1 Original + 1 Copy with company name or symbol redacted)

FACTOR C, Past Performance: 1 Original

FACTOR D, Price Proposal: 1 Original shall be provided by Excel Sheet with Summary Sheet (Base plus Option years).

https://www.sam.gov/

(2) POINT OF CONTACT: Offeror shall provide the Name(s), office/mobile telephone numbers, and e-mail address of person(s) authorized to conduct discussions/negotiations and to financially bind the company.

(3) Contract References to “Day”: Unless otherwise stated herein, all references to ‘day” shall be interpreted to mean ‘calendar day’.

10. SITE VISIT: Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the price of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. The site visit will be conducted in two days. The site visit schedule will be conducted as follows:

Day 1: Camp Casey Time and Date: 24 September 2025

• Those who have installation pass: Meet at the Bldg.1904 at 10:00 AM.

• Those who need an escort: Meet at Main Gate by 09:00 AM.

Day 2: Camp Humphreys Time and Date: 25 September 2025

• Those who have installation pass: Meet at Bldg. 7514 11th Eng at 10:00 AM.

• Those who need an escort: Meet at Adams Gate (Dodu-ri) Visitors Center by 09:00 AM.

Point of Contract Information for escort

• Robert E. Carmon, Equipment Specialist, DSN: 756-7590, Email: Robert.e.carmon3.civ@army.mil

ATTENDEES REQUIRING ESCORT:

• All people requiring escort must bring valid Korean identification card (주민등록증), driver's license, or passport. Personnel that do not have their identification card shall not be given access to the installation.

• Companies requiring escort are only allowed one (1) attendee due to escort restraints.

ALL ATTENDEES: Attendees MUST provide the following information to Ms. Yun, Su Ok via email at suok.yun.ln@army.mil No Later Than 9:00 a.m. on September 23 prior to the site visit. Please also confirm by phone at 0503- 355-3349.

• Company Name

• Name of attendee(s)

• Contact information (phone and email)

• Whether or not you require an escort

This site visit will be conducted in English only.

11. ELIGIBILITY FOR AWARD OF ROK MND CONTRACTS

(a) This solicitation is conducted under the LCS program and will result in a contract between the Government of the Republic of Korea (ROK) and the contractor. ROK will directly pay the contractor. No appropriated funds of the United States (US) shall be obligated for payment due under this contract.

(b) In accordance with the International Agreement between the US and ROK, titled “Implementation Arrangement for the Special Measures Agreement” (hereinafter “International Agreement”), signed by the parties mailto:Robert.e.carmon3.civ@army.mil mailto:suok.yun.ln@army.mil in 2019:

The parties hereby agree that all LCS work must be accomplished in the ROK or its territorial waters and that all equipment and supplies that are to be acquired with ROK Government funds shall be manufactured in the ROK, and all LCS service work shall be carried out by Korean contractor(s), the Korea Railroad Corporation, or the ROK military.

The term ‘Korean contractor” in implementing the LCS program in Section V, Paragraph 3 (of the 2019 SMA IA) is defined as follows:

(i) An entity, that, including its parent, is a domestic corporation under the Korean Corporation Tax Act and whose domestic status is recorded in the Certified Copy of Register or its successor document. A parent is defined as an entity that holds more than 50/100 of the total issued and outstanding shares in another company, as reflected in the Stock Change Certificate; or

(ii) An individual who has Korean nationality.

(c) In order to establish eligibility for award under this LCS contract, the offeror shall submit the documents listed below with their proposal prior to the closing date/time established in the solicitation. The contracting officer will determine the offeror’s eligibility status as a Korean contractor solely on the basis of these documents.

(i) Prime Contractor Registration: The offeror shall submit its Certified Copy of Register (등기부

등본(유효사항)), as certified and submitted to the ROK Supreme Court (대법원). In order to qualify as a

Korean Contractor, the fourth block of the offeror's Certified Copy of Register [등기부 등본 (유효사항)] must state an address that is physically located in the Republic of Korea.

(ii) Prime Contractor Stock Change Certification: The offeror shall submit its most recent Stock Change

Certificate (주식 변동 상황 명세서), as certified and submitted to the ROK Local Tax Office (국세청). The prime contractor’s Stock Change Certificate (주식 변동 상황 명세서) will be evaluated to determine if the prime contractor has a Parent (as defined in the International Agreement extract above).

NOTE: If the Prime Contractor has a Parent, the offeror shall submit the Parent’s Certified Copy of

Register (등기부등본 (유효사항)) as certified and submitted to the ROK Supreme Court (대법원).

In order for the Prime Contractor to qualify as a Korean Contractor, the fourth block of the offeror’s Parent’s Certified Copy of Register (등기부 등본 (유효사항)) must state an address that is physically located in the Republic of Korea.

(iii) If an offeror does not have a stock Change Certificate, the following documents shall be submitted:

- Business Registration (사업자 등록증)

- Basic Certificate –detailed version (기본 증명서- 상세)

- Copy of Korean Citizen ID (신분증 사본)

- Certificate of Business Fact (사업사실증명서) issued by National Tax Service showing partnership/owners, shares, and date when the business was jointly owned.

(d) To summarize the requirements stated above:

(i) An offeror that does not have a “Parent” will submit 2 documents to establish that the offeror is a Korean Contractor:

- Offeror's Certified Copy of Register, and

- Offeror's Stock Change Certificate.

(ii) An offeror that does have a “Parent” will submit 3 documents to establish that the offeror is a Korean Contractor:

- Offeror's Certified Copy of Register,

- Offeror's Stock Change Certificate, and

- Parent's Certified Copy of Register.

(iii) An Offeror that does not have Stock Change Certificate will submit:

- Copy of Korean Citizen ID,

- Basic Certificate-detailed version, and

- Business Registration document.

12. PRE-AWARD SURVEY

A pre-award survey may be conducted on all firms, to include joint venture partners and subcontractors indicating firm commitments to this acquisition, submitting proposals. The pre-award survey is to determine the prospective contractor’s responsibility in accordance with FAR Part 9.104-1. Information may be requested as required by the Contracting Officer and the information shall be submitted within three working days of the request.

End of Addendum to FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services.