B08 W91QVN-24-R-0058 Railcar safety inspection-PD2.pdf
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- Repair Railcar Safety Inspection (LCS)
- Solicitation number
- W91QVN-24-R-0058
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This document is a solicitation for a firm-fixed-price contract to provide railcar safety inspection services for the 25th Transportation Battalion. The contractor shall conduct precision safety diagnosis and implement required documentation and approval processes for 61 U.S. railcars manufactured in 1999-2000 to extend their lifecycle by 5 years. The work must be performed in accordance with Korean regulations set by the Ministry of Land, Infrastructure and Transport (MOLIT) and the Railway Safety Act. The contract has a base period of July 2024 to December 2024 with one 12-month option year. Offerors must have at least 2 years of experience in the last 5 years performing similar railcar safety inspection services and possess the required Korean government certification. The contractor must provide qualified personnel including a Project Manager, Chief Evaluators, Senior Evaluators, and Evaluators with specified years of experience. Offers are due by 1:00 PM local time on May 29, 2024 and will be evaluated on technical, price, and past performance factors to determine the lowest-priced technically acceptable offer.
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| W91QVN-24-R-0058-Amendment-1.pdf | ||
| B08 W91QVN-24-R-0058 Railcar safety inspection-PD2.xlsx | XLSX spreadsheet | |
| B08 W91QVN-24-R-0058 Railcar safety inspection-PD2.docx | DOCX document |
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SEE ADDENDUM
( No Col lect Cal ls )
W91QVN24R0058 30-Apr-2024
b. TELEPHONE NUMBER
315-755-3348
8. OFFER DUE DATE/LOCAL TIME
01:00 PM 29 May 2024
5. SOLICITATION NUM BER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
( SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t . Use Only)
23.
CODE 10. THIS ACQUISI TION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W91QVN9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORM ATION CALL:
a. NAM E
MS. HONG, MYONG-HUI
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRI NT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLI CI TATION INCORPORATES BY REFERENCE FAR 52. 212-1. 52.212-4. FAR 52. 212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRI ATION DATA
1. REQUISITION NUMBER
20.
ADDI TIONAL SHEETS SUBJECT TO THE TERMS AND CONDI TIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52. 212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDI NG ANY ADDITI ONS OR CHANGES WHICH ARE
SET FORTH HEREIN, I S ACCEPTED AS TO I TEMS:
. YOUR OFFER ON SOLI CI TATION
28. CONTRACTOR IS REQUIRED TO SIGN THI S DOCUMENT AND RETURN
% FOR:SET ASI DE:UNRESTRI CTED ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILI TY
OFFEROR CODE
411TH CONTRACTI NG SUPPORT BRI GADE, KOREA
HUMPHREY S CONTRACTING DI VISION
UNIT 15289
APO AP 96271-5584
UNITED STATES
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATI NG
CODE15. DELI VER TO CODE W582M Z 16. ADMI NI STERED BY
12. DI SCOUNT TERMS11. DELI VERY FOR FOB DESTI NA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
0019 CS HHC HHC EXPEDITIONA
0019 CS HHC EXPEDITIONA
DMC,
HQ 19TH ESC BLDG 1650
CAMP HENRY
APO AP 96218-5015
UNITED STATES
TEL: 315-763-4268 FAX:
FAX:
TEL: SERVI CE-DISABLED
VETERAN-OWNED
SMALL BUSI NESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$34,000,000
NAI CS:
488210
X
OFFER DATED
29. AW ARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWI SE IDENTIFI ED ABOVE AND ON ANY
COPI ES TO ISSUI NG OFFI CE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOM EN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOM EN- OWNED
SM ALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF53
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTI TY IN COLUMN 21 HAS BEEN
RECEI VED I NSPECTED
32b. SIGNATURE OF AUTHORI ZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATI VE
32e. MAILI NG ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORI ZED GOVERNMENT REPRESENTATI VE
37. CHECK NUMBER
FI NALPARTI ALCOMPLETE
36. PAY MENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHI P NUMBER
PARTI AL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAI D BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAY MENT
41b. SIGNATURE AND TI TLE OF CERTIFYI NG OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/ MM/ DD) 42d. TOTAL CONTAI NERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
W91QVN24R0058
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE ESTIMATED AMOUNT
0001 26 Each Railcar Safety Inspection
FFP
The contractor shall provide services for Railcar Precision Safety Diagnosis ( PWS Para 5.1.1.) and Performance Test/Evaluation (PWS. Para 5.1.2.) in accordance with Article 38-12 of Railway Safety Act, Performance Work Statement(PWS), and Attachments.
FOB: Destination
PSC CD: H922
ESTIMATED
NET AMT
ITEM NO SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE ESTIMATED AMOUNT
1001 35 Each OPTION Railcar Safety Inspection
FFP
The Contractor shall provide all personnel, equipment, tools, materials, supervision, and all other necessaries to conduct Railcar Precision Safety Diagnosis for US railcars in accordance with Article 38-12 of Railway Safety Act.
FOB: Destination
PSC CD: H922
ESTIMATED
NET AMT
PWS
PERFORMANCE WORK STATEMENT (PWS)
US Railcar Safety Inspection
1. GENERAL: This is a non-personnel services contract, and the Contractor shall provide all personnel, equipment, tools, materials, supervision, and all other necessaries to conduct railcar precision safety diagnosis for 61 US railcars that were manufactured on 1999-2000 for extending additional 5 years life cycle (See Attachment A Railcar Lifespan). The Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.
1.1 Background: The 25th Transportation Battalion currently has a total 85 x Type A US railcars (heavy high deck) on hand, and we expect to receive 12 x newly manufactured Type A railcars in DEC 2023. By then, 25th TB will have a total of 97 x Type A U.S. Railcars. However, 61 of 97 (~63%) Type A Railcars Lifecycle will end over the next two years 2024-2025. (25 x Type A U.S. Railcar lifecycle ends in year 2024, 36 x Type A US Railcar Lifecycle ends in year 2025). A loss of 61 x Type A U.S. Railcars would significantly degrade 25th Transportation’s ability to transport U.S. equipment such as M1 Tanks, M2 Tracked vehicles or any other heavy/oversized cargo via Rail. Remaining Type A U.S. Railcar lifecycle Expiration is Year 2046 and after.
KORAIL informed that they will no longer perform a Railcar Safety Inspection that they had performed a regulatory service for 25th Transportation Battalion U.S specification feet of rail cars. 19th ESC required to make a new contract to perform this function.
1.2 Scope: The Contractor shall conduct the precision safety diagnosis and implement all required documents and the process of approval by ROK related parties, such as ROK Ministry of Land, Infrastructure and Transport (MOLIT) and KORAIL etc. It is required to meet the standards set by the ordinance of ROK MOLIT and Railway Safety Act (Special Regulations on Safety Inspection).
1.3 Period of Performance: The period of performance shall be for one (1) Base Year and one
(1) 12-month option year. The contractor must complete the diagnosis and any required documentations before the expiration of 25 years life span. The Period of Performance reads as follows:
Base Year
1 July 2024 or date of award – 31 December 2024
1st Option Year
1 January 2025 – 31 December 2025
1.4 General Information
1.4.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which the contractor assures that the work complies with the requirements of the contract. The contractor shall deliver the QCP within 30 days after contract award to the COR, within 5 working days when changed are made thereafter.
1.4.1.1 The contractor’s QCP shall contain, as a minimum, the following items:
a. A description of the inspection system to cover all services. Description shall include specifies as to the areas to be inspected on a scheduled and unscheduled basis, frequently of inspections, and the title and organizational placement of the inspector(s).
b. A description of the methods to be used for identifying and preventing defects in the quality of service performed.
c. A description of how the records will be kept. Records must document all inspections and corrective or preventive actions taken.
1.4.1.2 Records of inspections shall be kept and made available to the Government throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract.
1.4.2 Quality Assurance: The government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).
1.4.3 Recognized Holidays:
U.S Government legal holidays
(1) 1 January (New Year's Day)
(2) 3rd Monday, January (Dr. King’s Birthday)
(3) 3rd Monday, February (President's Day)
(4) Last Monday, May (Memorial Day)
(5) 19 June (Juneteenth)
(6) 4 July (Independence Day)
(7) 1st Monday, September (Labor Day)
(8) 2nd Monday, October (Columbus Day)
(9) 11 November (Veterans' Day)
(10) 4th Thursday, November (Thanksgiving Day)
(11) 25 December (Christmas Day)
ROK Legal Holidays
New Year’s Day - 1, 2 January Lunar New year - 3 days Independence Movement Day – 1st March Labor Day – 1st May Children’s Day – 5th May Buddha’s Birthday – 12th May Memorial Day – 6th June Constitution Day – 17th July Liberation Day – 15th August Chu Sok – 3 days National Foundation Day – 3rd Oct 9 October (Hangul Proclamation Day Christmas – 25th December
1.4.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 0800 - 1700 Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.
1.5 Place of Performance: The work to be performed under this contract will be performed at Gachun Train Station (Inside Daegu). 25th Trans Bn will transport 26 railcars that need the diagnosis in 2024 to Gachun Train station before 31 May 24. And the contractor need to coordinate with KORAIL to use the Gachun train station as the diagnosis place.
1.6 Type of Contract: The government will award Firm Fixed Price Contract.
1.7 Prime Contractor’s Special Qualifications:
1.7.1. Prime Contractor’s Prior Experience: The Prime contractor shall have a minimum two (2) years of experience within the last five (5) years in Railway Vehicle Precision Safety Diagnosis Services for Flat Railcars.
1.7.2. Certification: The contractor shall have current and valid Railway Vehicle Precision
Safety Diagnosis Agency Designation Certificate (철도차량 정밀안전진단기관 지정서) issued by ROK Government (Minister of Land, Infrastructure and Transport (국토교통부장관)).
1.8. Personnel Qualifications:
1.8.1. Chief Evaluator: More than three (3) Chief Evaluators including as a minimum more than one (1) technician in the mechanical and one (1) technician in the electrical (electronic) fields.
Chief Evaluator shall have a, b or c of the below technical qualification.
a. Professional Engineer Railroad Rolling Stock (철도차량 기술사): worked in the railway or related field more than 10 years,
b. Engineer Railway Vehicle (철도차량 기사): related field more than 15 years
c. Industrial Engineer Railway Vehicles (철도차량 산업기사): related filed more than 20 years
1.8.2. Senior Evaluator: More than six (6) technical personnel equivalents to Senior Evaluators, It shall include at least one a.b.c among the six Senior Evaluators.
a. Professional Engineer Railroad Rolling Stock (철도차량 기술사: worked in the railway or related field more than 5 years,
b. Engineer Railway Vehicle (철도차량 기사: worked in the railway or related field more than 10 years
c. Industrial Engineer Railway Vehicles (철도차량 산업기사: worked in the railway or related filed more than 15 years
1.8.3. Evaluator: More than six (6) technical personnel equivalents to Evaluators, It shall include at least one a.b.c among the six Evaluators.
a. Professional Engineer Railroad Rolling Stock (철도차량 기술사: worked in the railway or related field more than 1 year,
b. Engineer Railway Vehicle (철도차량 기사: worked in the railway or related field more than 2 years
c. Industrial Engineer Railway Vehicles (철도차량 산업기사: worked in the railway or related filed more than 3 years
1.9. Contractor Personnel:
1.9.1. Project Manager (PM): the contractor shall provide a PM and alternate contract PM (responsible in the absence of the PM) who shall be responsible for the performance of the services. The names of the PM and alternate(s) shall be provided to the COR in writing prior to the beginning of the first performance period. The PM and alternate(s) must be able to read, write, speak, and understand English.
1.9.2 Contractor Employees: The contractor shall not employ persons for work on this contract if such employee is identified to the contractor by the KO as a potential threat to the health, safety, security, general well being or operational mission of the installation and its population.
1.9.3 The contractor shall not employ any person who is an employee of the U.S. Government if employing that person would create a conflict of interest. Additionally, the contractor shall not employ any person who is an employee of the Department of Army, either military or civilian, unless such person seeks and receives approval according to DOD 5500-7-R Joint Ethics Regulation.
1.10 Data Rights: The Government has unlimited rights to all documents and material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership and copyrights belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government will be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.
1.11. Safety Requirements: In performing work under this contract, the contractor shall:
1.11.1 Conform to the safety requirements contained in the contract for all activities related to the accomplishment of the work.
1.11.2 Perform work in a safe manner as required by OSHA 2206, General Industry, Occupational Safety and Health Standards (29 CFR 1910) and Korea Environmental Governing Standards by US Force Korea.
1.11.3 Develop and provide at the start of the orientation period or the start of the first operational performance period (if there is no orientation period) a safety plan for the protection of government facilities and property and to provide a safe work environment for contractor personnel.
1.11.4 Provide protection to government property to prevent damage during the period of time the property is under the control or in possession of the contractor.
1.11.5 Record and report promptly (within one hour) to the contracting officer or COR, all available facts relating to each instance of damage to government property or injury to either contractor or government personnel.
1.11.6 In the event of an accident or mishap, take reasonable and prudent action to establish control of the accident or mishap scene, prevent further damage to persons or property, and preserve evidence until released by the accident and mishap investigative authority through the contracting officer.
1.11.7 If the government elects to conduct an investigation of the accident or mishap, the contractor shall cooperate fully and assist government personnel in the conduct of investigation until the investigation is completed.
1.12 Antiterrorism (AT) and Operations Security (OPSEC)
1.12.1. Antiterrorism Training (AT Level I Training): All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level I awareness training within 14 calendar days after contract award.
The contractor shall submit certificates of completion for each contractor employee and subcontractor employee to the COR and KO within 7 calendar days after completion of training by all employees and subcontractor personnel. New employees shall take this training within 14 days after starting work under the contract.
1.12.2. Access and General Protection/Security Policy and Procedures: Contractor and all associated subcontractors’ employees shall comply with applicable installation, facility, and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshall Office, Director of Emergency Services, or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.
1.12.3. iWATCH Training: The Contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity Antiterrorism and Operations (ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 14 calendar days of contract award and within 14 calendar days of new employees commencing performance. The contractor shall submit iWATCH training record to the COR 5 calendar days after completion of the training.
2. DEFINITIONS AND ACRONYMS:
2.1. DEFINITIONS:
2.1.1. CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.
2.1.2. CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.
2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.
Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.
2.1.4. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.
2.1.5. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.
2.1.6. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.
2.2. ACRONYMS:
COR Contracting Officer Representative COTR Contracting Officer's Technical Representative FAR Federal Acquisition Regulation KO Contracting Officer ODC Other Direct Costs PM Project Manager PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan TE Technical Exhibit
3. GOVERNMENT FURNISHED ITEMS AND SERVICES: N/A
4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:
4.1 General: The Contractor shall furnish all supplies, equipment, and services required to perform work under this contract that are not listed under Section 3 of this PWS.
4.2 Secret Facility Clearance: N/A
4.3. Equipment Qualification. The Prime Contractor shall provide the following equipment and submit Equipment Plan.
Number Description of equipment Purpose of use
Steel corrosion meter
강재부식도 측정기
Measurement of structural corrosion
구조체 부식량 측정
Magnetic particle inspection equipment
자분탐상 검사장비 non-destructive testing
비파괴 검사
Ultrasonic flaw inspection equipment
초음파탐상 검사장비 non-destructive testing
비파괴 검사
Radiolucent inspection equipment
방사선투과 검사장비 non-destructive testing
비파괴 검사
Displacement measuring instrument
변위측정기
Dimensional inspection
치수 검사
Temperature measuring equipment
온도계측장비
Temperature measurement
온도 측정
3D measuring instrument
3차원 측정기
Car body and bogie dimension measurement
차체 및 대차 치수측정
Structural analysis program
구조해석 프로그램
Car body and bogie structural analysis
차체 및 대차 구조해석
Multi-channel data measuring device
다채널 데이터측정기
Actual stress measurement
실동응력 측정
Noise and vibration multi-channel measuring instrument
소음ꞏ진동 다채널 측정기
Noise and vibration measurement
소음 및 진동 측정
5. SPECIFIC TASKS:
5.1. Basic Services.
5.1.1. Railcar Precision Safety Diagnosis: The contractor shall provide services for Railcar Technical Review, Visual Inspection, Safety Inspection, Condition Evaluation and Safety Evaluation, Completion Inspection, etc to meet all required documents and the process of approval by ROK related parties, such as ROK Ministry of Land, Infrastructure and Transport (MOLIT) and KORAIL etc. in accordance with Article 38-12 of Railway Safety Act.
5.1.2. Performance Test/Evaluation: The contractor shall provide services for Brake Test, Vibration test, driving test, etc. in accordance with Article 38-12 of Railway Safety Act.
5.2. Delivery Information:
5.2.1. Delivery Point: Camp Carroll and Camp Humphreys if the workings are conducted outside the USFK compounds.
5.2.2. POC: Major Park, Kwang Soo at (DSN) 763-4976, email: Kwang.s.park3.mil@army.mil or Mr. Song, In Kyong at (DSN) 763-4981, email; inkyong.song.ln@army.mil
5.2.3. Delivery Schedule: All delivery shall be made no later than 1 month after completing the safety diagnosis.
6. PERFORMANCE REQUIREMETNS SUMMARY (PRS):
6.1. The contract performance requirements are summarized in performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimally acceptable levels of service required for each requirement.
6.2. The PRS and the contractor's QCP provide information on contract requirements, the expected level of contractor performance and the expected method of government validation and confirmation of services provided. These thresholds are critical to mission success. Procedures as set forth in the FAR 52.212-4 (a), Contract Terms and Conditions - Commercial Items, Inspection/Acceptance, will be used to remedy all deficiencies. The QA or designated representative will conduct the inspections, and any deficiencies are to be provided to the contractor in writing.
Performance Objectives
PWS
Paragraph
Performance Standard Performance Threshold
Method of Surveillance
Correction Remedy
Railcar Precision Safety Diagnosis
5.1.1 Need to meet MOLIT &
KORAIL specifications and the amended ROK Safety Law
100% Random Inspection
No accept if it is not met the
KORAIL/MOLIT(국토
부) standard and the amended ROK Safety Law
Performance Test/Evaluation
5.1.2 Need to meet MOLIT &
KORAIL specifications and the amended ROK Safety Law
100% Random Inspection
No accept if it is not met the
KORAIL/MOLIT(국토
부) standard and the amended ROK Safety Law
7. ATTACHMENT LIST:
7.1 Attachment A: Railcar Lifespan
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-JUL-2024 TO
31-DEC-2024
N/A 0019 CS HHC HHC EXPEDITIONA
0019 CS HHC EXPEDITIONA
DMC,
HQ 19TH ESC BLDG 1650
CAMP HENRY
APO AP 96218-5015
UNITED STATES
315-763-4268 FOB: Destination
W582MZ
1001 POP 01-JAN-2025 TO
31-DEC-2025
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
W582MZ
CLAUSES INCORPORATED BY REFERENCE
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
NOV 2023
52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.237-3 Continuity Of Services JAN 1991 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998 252.201-7000 Contracting Officer's Representative DEC 1991 252.216-7003 Economic Price Adjustment - Wage Rates or Material Prices
Controlled by a Foreign Government
MAR 2012
252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7041 Correspondence in English JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7008 Assignment of Claims (Overseas) JUN 1997
CLAUSES INCORPORATED BY FULL TEXT
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
(a) Definitions. As used in this clause--
Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
Registered in the System for Award Management (SAM) means that--
(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;
(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record ``Active''.
System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—
(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;
(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12;
and
(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.
Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.
(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(d)(1)(i) If a Contractor has legally changed its business name or ``doing business as'' name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to--
(A) Change the name in SAM;
(B) Comply with the requirements of subpart 42.12 of the FAR; and
(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the electronic funds transfer (EFT) clause of this contract.
(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the EFT clause of this contract.
(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.
(e) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov.
(End of clause)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC
2014)
The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
(a) Definitions. As used in this clause--
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People's Republic of China.
Covered telecommunications equipment or services means--
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means--
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing--
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(SEP 2023)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--
(1) Is set aside for small business and has a value above the simplified acquisition threshold;
(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b)…
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