Attachment 3 ADDENDUMs to 52.212-1 and 52.212-2 WRM OSAN 11 DEC 2024.pdf

ADDENDUM TO FAR 52.212-1 Instructions to Offerors – Commercial Products and Services

1. 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 a contract resulting from this solicitation.

(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 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:

1. 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

2. An individual who has Korean nationality.

(c) In order to establish eligibility for a 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.

(1) 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.

(2) 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).

(3) 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.

(4) To validate if an individual is “Korean nationality”, the following documents shall be submitted:

• Business Registration (사업자 등록증)

• Basic Certificate (기본 증명서)

• 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: (1) An offeror that does not have a “Parent” will submit 2 documents to establish that the offeror is a Korean Contractor: 1) Offeror's Certified Copy of Register, and

2) Offeror's Stock Change Certificate. (2) An offeror that does have a “Parent” will submit 3 documents to establish that the offeror is a Korean Contractor: 1) Offeror's Certified Copy of Register, 2) Offeror's Stock Change Certificate, and 3) Parent's Certified Copy of Register. (3) An Offeror that does not have Stock Change Certificate will submit: 1) Business Registration, 2) Basic Certificate, and 3) Certificate of Business Fact.

2. All questions, concerns, or clarifications shall be addressed to the Procuring Contracting Officer (PCO) listed below as the sole point of contact for this acquisition. All inquiries must be made in writing and submitted electronically to the Contract Specialist with a copy to the PCO. The SUBJECT LINE shall be “W90VN6- 25-Q- A004, Question. . . ATTN: KO SFC Dong Kim”. Offerors will receive a notice of receipt, but if they do not, it is their responsibility to follow-up electronically with the points of contact listed below:

Contract Specialist Name: CPT Matthew R. Grider Email: matthew.r.grider.mil@army.mil

Contracting Officer Name: SFC Dong H. Kim Email: dong.h.kim49.mil@army.mil

3. 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 orientation schedule is as follows:

Place- Morin Gate, Osan Air Base Time- 26 November 2024, 0930 Hrs.

Offeror shall submit the following information to- MSgt Natalello, Michael @ e-mail michael.natalello@us.af.mil and CPT Matthew R. Grider @ e-mailmatthew.r.grider.mil@army.mil by 25 November 2024, 1200 hours for temporary access:

- Company Name

- Full Name(s) (Maximum of 2 individuals per Offeror)

- Date of Birth

- Korean Identification Number (for local nationals) and Social Security Numbers (for U.S. citizens or permanent residents).

- Vehicle (Brand, model, type, color, and plate number)

- Date(s) of visit

The attendee must bring a photo identification card.

4. Submission of Proposal

(1) Submit signed and dated response (SF1449) at or before the exact time specified in this Solicitation, via electronic means only. Failure to provide all required documents or information will exclude the offeror from further consideration. Only a proposal submitted on the SF 1449 will be accepted.

(2). Request for Proposal (RFP) Instructions. Volumes I, II, III, IV, and V shall be submitted as listed below.

VOLUME TITLE PAGE LIMITS

I Solicitation, Offer and Award Documents, and Certifications / Representations

No Page Limit

II Factor I – Technical Solution Proposal

No Page Limit

III Factor II Past Performance Not to Exceed 10 Pages IV Factor III -Pricing No Page Limit V Redacted Copy of final submission No Page Limit

(3) Offers shall send responses to Contracting Officer, SFC Dong H. Kim at dong.h.kim49.mil@army.mil or Contract Specialist, at CPT Matthew Grider at matthew.r.grider.mil@army.mil.

Submission of Questions: Questions will be addressed to CPT Matthew Grider, Contracting Specialist at matthew.r.grider.mil@army.mil or SFC Dong Kim, Contracting Officer at dong.h.kim49.mil@army.mil. All questions must be received no later than 13:00 hours on 31 November 2024 (local time). Questions received after this date and time may not be answered.

RFQ submission due date/time is December 19, 2024, by 5:00PM (local time). Responses must be submitted electronically only to the Contracting Officer’s and Contract Specialist’s email addresses; hardcopy submissions will not be accepted and shall cause the Offeror's response to be deemed unacceptable.

5. Request for Proposal Format

(1) Request for Response Format: All pages of each volume must be appropriately numbered and identified with Solicitation Number: W90VN6-25-Q-A004 in the header and/or footer of each page. If RFP page limits are exceeded for Volume II and III, the pages in excess of the limit will be removed and not evaluated. No pricing information is to be presented in any part of the response outside of Volume IV. The offeror shall submit each volume of the RFP as noted above. Separate sections of Volumes I, II, III, and IV shall be separately identified for ease of identification to distinguish between the RFP Documents, Technical Solution Proposal, Past Performance, and Price respectively.

(2) RFP Page Limit: The page limits for Volume I, Acknowledgments of Request for Proposal Documents/Amendments; Volume II, Technical Solution Proposal; Volume III, Past Performance; and Volume IV Pricing. Per the Federal Acquisition Regulation (FAR) a page is defined as a page being 8-1/2 x 11 inches (215 x 280 mm), one side only. Therefore, a fold-out page will be considered as 2 pages. Page Limit does not include covers for volumes, tables of contents, glossary of abbreviations and acronyms, indices, title pages, cross reference indices, and section dividers/tables if they are inserted solely to provide ease to the reader in locating parts/sections of the response; however, they will be counted if they contain any other information, i.e., diagrams, extraneous data, etc. Pages marked “This page intentionally left blank” will not be counted. If resumes are submitted, they will be counted in your page limitation. Additionally, Volumes I, II, and III shall be submitted on MS Word 2016 or earlier or PDF. Volume IV shall be submitted on MS Excel 2016 or earlier.

6. Request for Proposal Content

(1) Volume I, RFP Documents: Volume I must be clearly marked “VOLUME I –RFP DOCUMENTS, RFP W90VN6-25-Q-A004. The submission content is as follows and must be submitted and arranged in the sequential order listed below:

a. SF 1449: The Offeror shall include all applicable information and must submit an original signed and dated SF 1449. Only a response submitted on the SF 1449 will be accepted.

b. Acknowledgement of Solicitation Amendments: The offeror must submit a signed SF 30, Solicitation Modification, an acknowledgment of solicitation amendments, if applicable.

c. The offeror shall submit a proposed unit price and amount for each Contract Line-Item Number (CLIN) listed in the solicitation.

d. Representation and Certifications: Contractor shall ensure that all provisions/clauses have been filled in as applicable and submitted with offer.

e. The contractor shall submit copy of a valid and current business registration (사업자등록증) with business item in General Motor Vehicle Repair and Maintenance (자동차종합수리) issued by ROK Government.

The registration of a subcontractor cannot be substituted for the prime contractor's registration.

(2) Volume II, Technical Solution Proposal: Volume II must be clearly marked “VOLUME II – TECHNICAL Solution, W90VN6-25-Q-A004” - The Technical Proposal shall consist of the offeror's response to meet or exceed the requirements outlined in the Performance Work Statement (PWS) as described below. The Technical Solution factor is conceptually divided into the following elements: Technical Approach, Experience, and Staffing for Key Personnel. Offerors need not re-state information under one element if already provided under another; however, offerors should ensure their proposal addresses each area noted.

Technical Approach.

The offeror shall provide a sufficient and clear technical approach plan to demonstrates how the contractor has the technical expertise to complete each required task specified in the PWS to contribute to the overall benefit of meeting the agency goal and managing the WRM Vehicle fleet mission capability (MC) rate of 85% in accordance with the PWS. The Offeror shall present their process, procedure, and quality control plan as well as plans for organizing, staffing, and managing the contract. The Offeror shall display technical experience and core competency in conducting the required services as provide sufficient evidence related to War Reserve Material Vehicles Maintenance services. The plan should not simply rephrase or restate the Government's requirements, but rather shall provide convincing rationale to address how the offeror intends to meet these requirements. Statements that the offeror understands, can, or will comply with the Performance Work Statement (including referenced publications, technical data, etc.); statements paraphrasing the Performance Work Statement or parts thereof (including applicable publications, technical data, etc.); and phrases such as “standard procedures will be employed” or “well known techniques will be used,” etc., will be considered unacceptable. offerors shall assume that the Government has no prior knowledge of their facilities and experience and will base its evaluation on the information presented in the offeror's proposal. Elaborate brochures or documentation, binding, detailed artwork, or other embellishments are not desired.

Experience.

The offeror shall display their background, experience, and qualifications to show the likelihood that the offeror can successfully perform the contract requirements.

Key Personnel.

Propose personnel with adequate education, experience, and accomplishments to display the qualifications to perform their proposed duties under the contract.

The Offeror shall provide a staffing approach that addresses all applicable staffing requirements of the solicitation, PWS, and the associated attachments.

Provide a staffing matrix which contains the following information:

- A breakout of all personnel with a corresponding Labor Category for each position.

- The number of personnel and associated labor hours (including all key personnel positions) by labor category, both overall and by each PWS Section 5 task area.

- The number of hours associated with each labor category and associated with each PWS Section 5 task area.

- The skill levels (i.e., qualifications, certifications, knowledge, and experience) for proposed personnel, including key personnel who must meet applicable requirements in PWS 1.5.10 and its subsections.

Provide for the Site Manager and Alternate Site Manager to have full authority to act for the Contractor on all contract matters relating to daily operations of the contract.

Discuss the reporting and review requirements to be imposed and how management will communicate with the Government.

Discuss how the Offeror will accommodate fluctuating priorities.

Discuss how the Offeror will recruit and retain a workforce sufficient to satisfy the requirements stated in the PWS and reduce performance risk.

Note: The English proficiency requirement for each key personnel in the PWS can be substituted with a proof of minimum of one (1) year experience working for U.S. Government (as a Korean National Employee such as KSG or WB or as a contractor employee on U.S. base) within the last ten years or English class credit points from a college or a university (at least one (1) credit). The PWS will be updated for this change at the contract award.

7. Volume III, Past Performance: Volume III must be clearly marked “VOLUME III – RFP Past Performance W90VN6-25-Q-A004”. The offeror shall submit a maximum of five references for recent and relevant past performance. This data on recent contracts will be used by the Contracting Officer to evaluate past performance.

The offeror shall provide evidence of past performance as required below:

The title and number of the contract/project Description of qualifying work experience including size and type of vehicles Length of contract/project (Year/Month/Date - Year/Month/Date) Value of contract/project in KW for total amount Complete point of contract at Client/Organization (including name, phone number, email address)

8. Volume IV, RFP Price Submission: Volume IV must be clearly marked “VOLUME III – RFP Price Submission, W90VN6-25-Q-A004”.

a. Schedule (s): The Pricing Schedule(s) shall be submitted fully completed. The offerors response must submit pricing for the base period of performance and subsequent option contract line items: CLINS 0001, 0002, 1001, 2001, 3001, and 4001.

b. Basis of Estimate: Offerors are reminded that this solicitation will result in a firm, fixed-price contract.

Provide a Price Matrix to use as supporting documentation for your price proposal, and for future Government reference for requested wage adjustments in accordance with FAR 52.222-43, “Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (Multiple Year and Option Contracts).”

c. The Price Matrix shall be submitted in Microsoft Excel format and contain a separate tab for each period of performance (Base, Option 1, Option 2, Option 3, and Option 4) as well as a summary tab that totals each of those periods of performance. Formulas used to calculate all prices shall be reflected in the electronic spreadsheets. Excel workbooks shall not contain hidden spreadsheets, and no links should exist to files not included with the submission. The government will provide an example of a pricing matrix.

However, the creation of the pricing matrix is the responsibility of the Offeror.

d. The Price Matrix should reflect the Offeror’s process used to establish proposal pricing, including labor mix and associated fully burdened labor rates for each labor category. The Price Matrix should also include materials/supplies (if applicable) as well as profit and G&A.

Offerors shall email responses to Contracting Officer, SFC Dong H. Kim at dong.h.kim49.mil@army.mil and Contract Specialist, at Matthew R. Grider at matthew.r.grider.mil@army.mil.

Submission of Questions: Questions will be addressed to CPT Matthew Grider, Contracting Specialist at matthew.r.grider.mil@army.mil or SFC Dong Kim, Contracting Officer at dong.h.kim49.mil@army.mil. All questions must be received no later than 13:00 hours on 31 November 2024 (local time). Questions received after this date and time may not be answered.

RFQ submission due date/time is December 19, 2024, by 5:00PM (local time). Responses must be submitted electronically only to the Contracting Officer’s and Contract Specialist’s emails above; hardcopy submissions will not be accepted and shall cause the Offeror's response to be deemed unacceptable.

9. VOLUME V, Redacted Copy of Final Submission: Volume V must be clearly marked “Volume V- Redacted copy”

a. A redacted copy means using the PDF redaction tool or similar software to remove or black over any and personal or company identification to include logos, business names, Points of contacts, emails, or phone numbers.

b. The redaction is only for Volume II and III.

c. No need to redact Volume IV, pricing data.

10. CONTRACTOR TEAMING ARRANGEMENTS:

a. A contractor team arrangement (CTA) means an arrangement in which two or more companies form a partnership or joint venture to act as a potential prime contractor or a potential prime contractor agrees with one or more other companies to have them act as its subcontractors under a specified Government contract or acquisition program. A CTA is not an arrangement in which two or more companies form a separate legal entity, such as a corporation or limited liability company, to act as a potential prime contractor.

b. The government will, when applicable, recognize the integrity and validity of CTAs when identified and fully disclosed to the Contracting Officer. Offerors quoting a CTA must identify and fully disclose contractor team arrangements relationships in their offer/quotation. A CTA must be in writing.

c. After award, the Contractor must notify the Contracting Officer of any CTA arrangement with subcontractor(s) within five (5) days prior to any projected performance by the new subcontractor.

d. For offerors quoting a partnership/joint venture CTA: The CTA must do business under the CTA name, must register in SAM under the CTA name, must provide documents vesting an individual with the authority of the partners to bind the CTA, and must designate a single point of contact for the CTA.

e. The government will perform a responsibility determination on a CTA just as it would on any prospective contract awardee.

10. COMPLETION OF PROVISIONS/CLAUSES:

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

A. Attachment-Contractor's Tax Exemption Declaration:

The offeror shall provide a complete Contractor's Tax Exemption Declaration.

Note: Failure to submit the above requirements may be grounds for determining the quotations to be non-compliant and not eligible to be considered for award.

11. SIGNED SOLICITATION AND AMENDMENT:

Signed first page of the solicitation (SF1449) and each amendment (SF30) (if any amendment were issued).

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 quotations. The pre-award survey is to determine the prospective contractor's responsibility in accordance with FAR Part 9.104-1. Firms found not responsible during the pre-award survey, will not be eligible for award. Information may be requested as required by the Contracting Officer and the information shall be submitted within three working days of the request.

Note: The quotations are intended to be evaluated, and award made, without discussions with the offerors (other than clarifications) unless discussions are later determined to be necessary.

(END OF ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEM)

ADDENDUM TO FAR 52.212-2 Evaluation- Commercial Products and Commercial Services

(a) Basis for Award: The basis for this award will Price and Other Factors in accordance with FAR 13.5.

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous, the best value, to the Government in accordance with FAR Part 13. The Government will appropriately consider the evaluation factors: Technical Solution (Approach, Experience, and Key Personnel), Past Performance, Prime Contractor’s Business Registration and Price.

Best Value concept under FAR Part 13 will be used; the evaluation criteria are described herein. The policies and procedures under the Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, in conjunction with FAR Part 13, Simplified Acquisition Procedures will be utilized for this procurement.

NOTE: This solicitation is not required to specify the relative importance assigned to each evaluation factor and subfactor, nor are they required to include subfactors in accordance with FAR 13.106-1(a)(2)(ii).

Factor 1 - Technical Solution

Subfactor 1 – Technical Approach statement: The offeror’s technical approach statement will be evaluated on how the offeror intends to organize, staff, and manage the contract and the means (including process, procedure, and quality control plan) that will be used to contribute to the overall benefit of meeting the agency goal and managing the WRM Vehicle fleet mission capability (MC) rate of 85% in accordance with the PWS. The degree to which the proposal demonstrates an understanding of the requirements will be evaluated, as well as the offeror’s planned management of subcontractors, if applicable. NOTE: The offerors are cautioned that “mirroring/copying” the technical requirements of the PWS with a statement of intent to perform does not reflect an understanding of the requirement of capability to perform.

Subfactor 2 – Prior Experience: The offeror’s background, experience, and qualifications will be assessed to determine the likelihood that offeror can successfully perform the contract requirements of the PWS and the degree of the risk of non-performance.

Subfactor 3 – Key Personnel: The education, experience, and accomplishments of key personnel will be evaluated to determine the degree to which they possess the qualifications to perform their proposed duties under the contract.

Subfactor 4 – Prime Contractor’s Business Registration: The contractor shall have a valid and current business registration (사업자등록증) with business item in General Motor Vehicle Repair and Maintenance

(자동차종합수리) issued by ROK Government. The registration of a subcontractor cannot be substitute for the prime contractor's registration.

NOTE about Experience and Past Performance: To challenge the industry’s creativity and innovation, this solicitation does not specify such as “minimum three years of relevant experience within the past five years.”

The offeror shall thoroughly analyze the PWS and come up with a competent and reasonable set of past-experience and performance records. For example, two years of relevant experience about ten years ago will not be evaluated as favorable in comparison with three years of relevant experience in the recent years.

Factor 2 – Past Performance: The offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality, services, effective management of subcontractors, level of communication between the contracting parties, proactive management and customer satisfaction.

The Government reserves the right to assess the past performance of proposed subcontractors.

The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the offeror, the agency's knowledge of contractor performance, other government agencies or commercial entities, or past performance databases.

If an offeror does not have a history of relevant contract experience, or if past performance information is not available, the offeror will receive a neutral past performance rating; however, an offeror without a history of relevant experience may receive a lowered rating for the experience evaluation factor.

Factor 3 – Price:

Price will not be scored or rated. In accordance with FAR Subpart 13.106, evaluation of price will be performed using one of more of the price analysis techniques identified in FAR Subpart 15.404. Through these techniques, the Government will determine whether prices are fair, reasonable, and complete.

Evaluation will ensure the Pricing Schedule(s) was fully completed and included pricing for the base period of performance and subsequent option contract line items: CLIN 0001, 1001, 2001, 3001, and 4001.

Evaluations will ensure Offeror submitted an adequate Price Matrix in Microsoft Excel format with a separate tab for each period of performance (Base, Option 1, Option 2, Option 3, and Option 4), and otherwise meets the instruction requirements. Price Matrix should reflect an adequate process used to establish proposal pricing, including labor mix and associated fully burdened labor rates for each labor category, and should also include materials/supplies (if applicable), as well as profit and G&A.

As part of price evaluation, the Government will evaluate its option to extend services (see FAR 52.217-8) by adding six (6) months to the offeror’s total price. Offeror is required only to price the base, and two 1-year option periods. Offeror shall not submit a price for the potential six (6) month extension of services period. The Government may choose to exercise the Extension of Services at the end of the option period, utilizing the same rates as the last six months of the last option period.

Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

Total Evaluated Price (TEP): The Total Evaluated Price (TEP) shall be used for evaluation of price reasonableness and for the purpose of determining best value for award. The Total Evaluated Price (TEP) will be the sum of the Base Period and each Option Period, including the phase-in period and the option to extend services as described in this section.

Balanced Pricing. The government will evaluate all CLINs for balanced pricing to include sub-CLIN pricing contained in the Pricing Schedule. Offerors are cautioned against submitting an offer that contains unbalanced pricing. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items (including Base and Option Periods) is significantly overstated or understated as indicated by the application of cost or price analysis techniques. Offers that are determined to be unbalanced may be rejected if the lack of balance poses a significant risk to the Government.

Completeness/Accuracy. The Offeror’s proposal shall comply with the Price volume instructions in the solicitation.

Reasonableness. A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business.

Written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of ADDENDUM TO FAR 52.212-2 Evaluation- Commercial Products and Commercial Services)