AMEND 1 to W90VN9-21-R-0037.pdf

F1C0RH1095AW01-1

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

1. To add technical subfactors to evaluation criteria and modify instructions to offerors (Sections K, L, and M)

2. To correct the CLIN description to match the quantity of supplies to be procured

1. CONTRACT ID CODE PAGE OF PAGES

J 1 8

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 11-May-2021

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W90VN921R0037

X 9B. DATED (SEE ITEM 11)

11-May-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

11-May-2021

CODE

411TH CONTRACTING SUPPORT BRIGADE, KOREA

RCO DAEGU, UNIT #15682

APO AP 96218-5682

UNITED STATES

W90VN9 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W90VN921R0037

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The CLIN extended description has changed from:

The contractor shall provide delivery of 624 cubic meters (1,099 metric tons / 1,081 imperial tons / 1,211 short tons) of 3-inch ballast rock to Daegu (K-2) Air Base, Daegu, Republic of Korea.

To:

The contractor shall provide delivery of 860 cubic meters (1,515 metric tons / 1,491 imperial tons / 1,670 short tons) of 3” [75 mm] nominal size ballast rock to Daegu (K-2) Air Base, Daegu, Republic of Korea.

CLIN 0002

The CLIN extended description has changed from:

The contractor shall provide delivery of and 416 cubic meters (866 metric tons / 852 imperial tons / 954 short tons) of graded crushed aggregate base course to Daegu (K-2) Air Base, Daegu, Republic of Korea.

To:

The contractor shall provide delivery of 575 cubic meters (1,193 metric tons / 1,175 imperial tons / 1,316 short tons) of graded crushed aggregate base course to Daegu (K-2) Air Base, Daegu, Republic of Korea.

The following have been added by full text:

5152.204-4032 REPRESENTATIONS AND CERTIFICATIONS

(a) SUBCONTRACTING:

If the offeror contemplates subcontracting, it must obtain prior written approval of subcontractor from the PCO or ACO, and list below: (1) the names and addresses of the subcontractor(s), (2) the type of subcontracting, and (3) the estimated price for each subcontract.

(b) AFFILIATED OFFERORS:

(1) Business concerns are affiliates of each other when, either directly or indirectly, one concern controls or has the power to control the other, or a third party controls or has the power to control both.

(2) Each offeror shall furnish, below, the following information:

(i) Whether the offeror has any affiliates;

(ii) The names and addresses of all affiliates of the offeror; and

(iii) The names and addresses of all persons and concerns exercising control or ownership of the offeror and any or all of its affiliates, and whether they are common officers, directors, stockholders holding controlling interest, or otherwise.

AFFILIATED CONCERNS. : (Name, location and, in detail, controlling interest in each)

(c) PRINCIPAL OWNER(S) OR STOCKHOLDER(S):

Each offeror shall list below the name(s) and address(es) of the principal owner(s) or stockholder(s) of the company and percentage of ownership. If a major portion is publicly traded and/or otherwise widely distributed, state that, with the percentage so affected.

(d) STANDARDS OF CONDUCT CERTIFICATION:

This is to certify that, to the best of my knowledge and belief, except as described below, no representative of this firm who deals with US Government employees on any aspect of this procurement is a former US Government employee, to include former US military personnel. I understand that this certification is continuing in nature and places a duty on me and my firm to notify the Contracting Officer of any additional individual(s) who fit the above description prior to the individual's assuming duties.

(i) Name ______________________________________________ Former rank/grade ____________________________________ Last US Government position ___________________________

(ii) Name ______________________________________________ Former rank/grade ____________________________________ Last US Government position ___________________________

(iii) Name ______________________________________________ Former rank/grade ____________________________________ Last US Government position ___________________________

Firm ____________________________________________________ Name _____________________________________________________ Signature __________________________________________________

Title _____________________________________________________ Date of Execution ____________________________________________

(e) TAXES:

(1) References:

(i) Contract clause entitled "FAR 52.229-06 Taxes—Foreign Fixed-Price Contracts (Jan 1991)."

(ii) US-ROK Status of Forces Agreement (SOFA), Articles IX and XVI.

(iii) ROK Customs Law, Law No. 1976, promulgated on 29 November 1967, as amended.

(iv) ROK Value Added Tax Law, Law No. 2934, promulgated on 22 December 1976 (effective date 1 July 1977), as amended.

(v) ROK Special Excise Tax Law, Law No. 2935, promulgated on 22 December 1976 (effective date 1 July 1977), as amended.

(2) Contractor shall state the types and estimated amount of taxes that would normally apply to such transactions but are excluded from this proposal.

(i) Customs Tax (except for ROK MND-funded contracts or delivery orders):

Name Number Cost/Unit of Item of Units w/o Tax % of Tax Tax/Unit Tax Total

This item will be imported specifically for this contract? Yes _____ No _____

(ii) Special Excise Tax:

Name Number Cost/Unit of Item of Units w/o Tax % of Tax Tax/Unit Tax Total

Name of item manufacturer

(iii) Value Added Tax (VAT):

Input VAT on materials purchased for this contract. 10% _____ Input VAT on transportation leased/rented for this contract.10% _____ Input VAT on equipment leased/rented for this contract. 10% _____ Input VAT on services purchased for this contract. 10% _____ Output VAT on total contract amount. 10% _____

(iv) Special Excise (Petroleum) Tax:

No. of U/P Liters w/o Tax Tax/Unit Total Tax Amount Regular Gasoline ________ (L) ________ w________ w_____________ Premium Gasoline ________ (L) ________ w________ w_____________ Diesel ________ (L) ________ w________ w_____________ Other ________ (L) ________ w________ w_____________

(v) Education Tax.

(3) Name of the oil company from which POL products will be purchased:

Oil Company: _________________________________________ (Name only)

(4) I certify by this submission that all supplies and services to be purchased for this contract have been proposed exclusive of Value Added Tax, applicable Customs Tax (except ROK MND-funded contracts and delivery orders), Special Excise Tax, and Education Tax.

Signed (Chop)

(f) CERTIFICATIONS AND REPRESENTATIONS

By submitting an offer, each offeror agrees to be bound by all certifications and representations in this solicitation.

The Government reserves the right to require any and all certifications and representations to be completed and signed in hard copy by the successful offeror prior to contract award. Failure of an offeror to complete the certifications and representations within the time directed by the Contracting Officer may result in a determination that the contractor is not a responsible offeror for this acquisition.

The following have been modified:

BASIS OF AWARD

1. BASIS OF AWARD: An award shall be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors that satisfy all terms and conditions of this solicitation.

Proposals will be evaluated for acceptability.

2. EVALUATION CRITERIA

a. COST FACTOR: The proposal shall be evaluated to determine whether it is complete and reasonable. A complete and reasonable pricing proposal will be deemed acceptable.

b. NON-COST FACTOR: The proposal shall be evaluated to determine the offeror’s ability to satisfactorily accomplish the Government’s intent and achieves the desired quality end-products. A complete proposal which indicates an adequate understanding and approach of the requirements will be deemed acceptable.

Rating Adjective Definitions Complete Proposal meets requirements and indicates an adequate understanding and approach of the requirements.

Incomplete Proposal does not meet requirements and contains one or more deficiencies. Proposal is un-awardable.

Failure to submit the required documents identified in Section L: Instructions to Offeror may be grounds for determining the proposal to be non-responsive and not eligible to be considered for award.

(End of provision)

QUOTATIONS INFORMATION

ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO THE OFFEROR(S)

1. GENERAL INSTRUCTIONS FOR PREPARATION OF PROPOSAL:

a. Offeror(s) 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 of such offers.

b. Offeror(s) may, at the discretion of the Government, be asked to provide more information and clarification regarding their proposals. The Government may make a final determination as to whether an offer is acceptable or unacceptable solely based on the proposals as submitted, without requesting any further information. However, if it is deemed necessary the Government may, at its sole discretion, request additional information for clarification purposes. The proposals are intended to be evaluated, and award made, without discussions with the offerors (other than for the purpose of clarification), unless discussions are determined to be necessary. If the Government conducts discussions, the Government shall conduct discussions with all offerors in the in accordance with FAR 15.3.

2. SUBMISSION DOCUMENT: Offers shall be submitted via email to Nathan.a.larsen.mil@mail.mil.

a. Offer Breakdown: Offerors shall submit an offer breakdown that identifies Materials, Labor, and

Transportation and Equipment (T&E), and other resources upon which the offeror intends to rely to perform this contract in accordance with the Statement of Work. The offer breakdown must demonstrate that the offeror understands the requirement in the RFP by listing an appropriate amount of materials, labor, and transportation and equipment required to perform the contract in accordance with the Statement of Work and drawings. The Offeror’s proposal must contain all contractor’s costs including mobilization, demobilization, overhead, profit, insurance, design fee and all other costs including but not limited to compliance with environmental laws, tax laws, protection or moving of Government property, engineering services (to include survey work and drawings) and waste disposal inherent to accomplish the work request. No allowance will be made later for any other purpose whatsoever unless specifically allowed elsewhere in the contract. Offeror shall provide one (1) original offer breakdown with price and one

(1) copy of the offer breakdown without price in accordance to the provided template below:

(1) Materials:

(I) Local Materials:

(A) Type of material with item description, capacity or model number;

(B) Quantity

(II) U.S. Origin Materials:

(A) Type of material with item description, capacity or model number;

(2) Quantity Labor:

(I) Category of labor;

(II) Quantity (man-days in each category);

(3) Transportation and Equipment:

(I) Description of all transportation and equipment (category and capacity);

(II) Quantity (per trip or equipment-day);

(4) Other Critical Resource(s): Must be fully described.

b. Section K: Offerors must complete all portions of Section K. The offeror shall review all expenses to ensure that all applicable taxes are excluded from the overall price. In addition, any proposed exemption of a specific ROK tax shall be legitimate, attributable to the contract, and authorized by the applicable stated references.

c. Technical Evaluation Factors: Proposals shall address the following technical factors that will be used as part of the basis for award (see section M):

Factor A. Past Performance: The past performance volume shall include the following:

(1) Past Performance Information

(a) The offeror shall provide a list of all contracts and subcontracts it has held within the last three (3) years which are similar or same construction to that which is detailed in the solicitation. Offerors shall present past performance for themselves, and for any proposed division, subcontractor, or teaming contractor whose effort on this contract will significantly influence performance of the proposed effort. For the purpose of this evaluation, the term "offeror" includes all team or joint venture members and subcontractors performing major project functions.

(b) Each performance evaluation will consider the furnished or gathered data, significant achievement(s), the number and severity of problems, the effectiveness of corrective actions taken, and the overall work record. The overall evaluation will be the product of the subjective judgment of the evaluator after it considers all available, relevant, and recent information.

(c) Content listing of the past performance information:

Company Information:

(i) Category of Business

(ii) Company Name

(iii) Licenses and Certificates

(iv) The Registration Number of Contractor

(v) Company Achievements and Awards Recognition

Past Contracts:

(i) Contract number

(ii) Total dollar value

(iii) Contract award date

(iv) Procuring agency

(v) Title of contract

(vi) Program Manager (name, address, and telephone number)

(vii) Description of program/product

(viii) Contracting Officer (name, address, e-mail address and telephone number)

(ix) Period of performance

(x) Type of contract

(xi) A synopsis of relevant performance, segregated by areas, which occurred under each contract.

The following ratings will be used in evaluating Relevant Past Performance:

Failure to submit the above requirements may be grounds for determining the proposal to be non-responsive and not eligible to be considered for award.

(End of provision)

Acceptable (A) 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. All the information must be submitted for review and analysis.

Unacceptable (U) 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.

The following were previously included by reference and are now included by full text:

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

(End of Summary of Changes)