AMEND NO. A00001 TO NAFIB3-22-R-0007.pdf

(x) x 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 number. FAILURE OF YOUR ACKNOWLEDGEMENT 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.

See Schedule

NAFIB3-22-R-0007

IB3-KIMY

KOREA

IB3 (1)

On Behalf Of Enterprise Fund ID Pacific Support (Korea) IMCOM NAF Contracting Department of the Army

See Block 16C

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING DATA (if required.)

is not extended.is extended, Items 8 and 15, and returning ___________

Offers 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

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)

Yun Hui Kim

PHONE: 82-503-355-2673

EMAIL: yunhui.kim2.ln@army.mil

CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ.NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO.

A00001

5. PROJECT NO. (If applicable)

1. No appropriated funds of the United States shall become due or paid the contractor by reason of this amendment / modification

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Nonappropriated Funds)

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

B. THE ABOVE NUMBERED CONTRACT / ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO THE AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14.

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

ORDER NO. IN ITEM 10A.

x

X

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

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

15C. DATE SIGNED 16B. Nonappropriated Fund Instrumentality15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

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

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

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

DA FORM 4073, NOV 04

For use of this form see AR 215-4;

the proponent agency is OACSIM

SEE CONTINUATION SHEET ON THE NEXT PAGE

Continuation from block 14. DESCRIPTION OF AMENDMENT/MODIFICATION OF DA FORM 4073

a. The purpose of this solicitation amendment is:

(1) to add construction language to Section C as follows:

C-12 Concessionaire Build-Out and Décor Package. The concessionaire shall incur all costs to “build-out” the facility, which includes, but is not limited to, construction, furniture and fixtures.

a. Build Out

All existing equipment in the space allocated for the sports massage therapy service operation will be made available to the contractor. All repairs, upgrades and or replacement of government furnished equipment and existing infrastructure will be at the contractor’s expense. Not later than thirty (30) calendar days following the notice of award, the concessionaire shall submit concept and retrofit drawings of its preferred build-out and layout of concession areas. Upon the funds approval of the concept and retrofit drawings, (concept interior décor package, to include signage) concessionaire shall be responsible for all costs associated with the build-out.

b. Retrofit

In accordance with the successful offeror’s operation plan, the concessionaire shall at their own expense provide all necessary furniture, fixtures, and equipment for the retrofit of the standard interior décor and exterior signage. The concessionaire shall perform the retrofit in accordance with the offeror’s operation plan, the concept design plans, and the specifications as approved and certified by USAG-Humphreys.

(2) to add following construction clauses to SECTION I.

DIFFERING SITE CONDITIONS (NOV 2004) BI.081

(a) The contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of (1) subsurface or latent physical conditions at the site which differ materially from those indicated in this contract, or (2) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract.

(b) The Contracting Officer shall investigate the site conditions, promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in (a) above for giving written notice may be extended by the Contracting Officer.

(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

(End of clause)

MATERIAL AND WORKMANSHIP (NOV 2004) BI.083

(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, articles, or processes that, in the judgment of the

Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

(b) The Contractor shall obtain the Contracting Officer's approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer's approval of the material or articles that the Contractor contemplates incorporating in the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

(End of clause)

SUPERINTENDENCE BY THE CONTRACTOR (NOV 2004) BI.084

At all times during the performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the work a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

(End of clause)

PERMITS AND RESPONSIBILITIES (NOV 2004) BI.085

The Contractor shall, without additional expense to the NAFI, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence, and shall take proper safety and health precautions to protect the work, the workers, the public, and property of others. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work, which may have been accepted under the contract.

(End of clause)

OTHER CONTRACTS (NOV 2004) BI.086

The NAFI or the Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with NAFI and Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by NAFI or Government employees.

(End of clause)

PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS (NOV 2004) BI.087

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.

(b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site, and

(2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

(End of clause)

OPERATIONS AND STORAGE AREAS (NOV 2004) BI.088

(a) The Contractor shall confine all operations (including storage of materials) on NAFI or Government premises to areas authorized or approved by the Contracting Officer. The Contractor shall hold and save the Government and the NAFI, its officers, employees, and agents, free and harmless from liability of any nature occasioned by the Contractor's performance.

(b) Temporary buildings (e.g., storage sheds, shops, offices,) and utilities may be erected by the Contractor only with the approval of the Contracting Officer, and shall be built with labor and materials furnished by the Contractor without expense to the NAFI. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the contractor at the contractor's expense upon completion of the work. With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not be removed.

(c) The Contractor shall, under regulations prescribed by the Contracting Officer, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by the Contracting Officer. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation.

When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.

(End of clause)

USE AND POSSESSION PRIOR TO COMPLETION (NOV 2004) BI.089

(a) The NAFI or the Government shall have the right to take possession of any completed or partially completed part of the work. Before taking possession of or using any work, the Contracting Officer shall furnish the Contractor a list of items of work remaining to be performed or corrected on these portions of the work that the NAFI or the Government intends to take possession of or use. However, failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The NAFI's or the Government's possession or use shall not be deemed an acceptance of any work under the contract.

(b) While the NAFI or the Government has such possession or use, the Contractor shall be relieved of the responsibility for the loss of or damage to the work resulting from the NAFI's or the Government's possession or use, notwithstanding the terms of the clause in this contract entitled "Permits and Responsibilities." If prior possession or use by the NAFI or the Government delays the progress of the work or causes additional expense to the Contractor, an equitable adjustment shall be made in the contract price or the time of completion, and the contract shall be modified in writing accordingly.

(End of clause)

CLEANING UP (NOV 2004) BI.090

The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the NAFI or the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.

(End of clause)

ACCIDENT PREVENTION, FIRE PROTECTION AND SANITATION (NOV 2005) BI.091

If this contract is performed in whole or in part on premises owned or under the control of the United States Government and/or the NAFI, the Contractor shall conform to all safety regulations and requirements concerning such premises in effect any time during the performance of the contract and take all necessary steps and precautions to prevent accidents.

(End of clause)

AVAILABILITY AND USE OF UTILITY SERVICES (MAR 2020) BI.092

(a) The Government/NAFI shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government/NAFI or, where the Government/NAFI, at reasonable rates determined by the Contracting Officer, produces the utility. The Contractor shall carefully conserve any utilities furnished without charge.

(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges.

(c) Before final acceptance of the work by the Government/NAFI, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

(End of clause)

CHANGES-CONSTRUCTION (NOV 2004) BI.126

(a) The Contracting Officer may, at any time, without notice to the sureties, if any, by written order designated or indicated to be a change order, make changes in the general scope of this contract, including changes-

(1) In the specifications (including drawings and designs);

(2) In the method or manner of performance of the work;

(3) In the NAFI-furnished facilities, equipment, materials, services, or site; or

(4) Directing acceleration in the performance of the work.

(b) Any other written or oral order (which, as used in this paragraph (b), includes direction, instruction, interpretation, or determination) from the Contracting Officer that causes a change shall be treated as a change order under this clause; provided, that the Contractor gives the Contracting Officer written notice stating (1) the date, circumstances, and source of the order and (2) that the Contractor regards the order as a change order.

(c) Except as provided in this clause, no order, statement, or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment.

(d) If any change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any such order, the Contracting Officer shall make an equitable adjustment and modify the contract in writing. However, except for an adjustment based on defective specifications, no adjustment for any change under paragraph (b) of this clause shall be made for any costs incurred more than 20 days before the Contractor gives written notice as required. In the case of defective specifications for which the NAFI is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications.

(e) The Contractor must assert its right to an adjustment under this clause within 30 days after (1) receipt of a written change order under paragraph (a) of this clause or (2) the furnishing of a written notice under paragraph (b) of this clause, by submitting to the Contracting Officer a written statement describing the general nature and amount of proposal, unless this period is extended by the NAFI. The statement of proposal for adjustment may be included in the notice under paragraph (b) above.

(f) No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this contract.

(End of clause)

(3) to revise Section C-2. g. as follows:

Current

C-2. g. Concessionaire shall not provide services to individuals under the age of 18 (unless active-duty Military age 17).

Changed to

C-2. g. Concessionaire shall not provide services to individuals under the age of 18 (unless active-duty Military age 17). Youth must remain in line of sight and with guardian or adult.

(4) to revise Section C-8. f. as follows:

Current

C-8. f. The NAFI will provide a point of sales system and will work with Concessionaire to ensure all fees are collected.

Changed to

C-8. f. The NAFI will provide a point of sales system and will work with Concessionaire to ensure all fees are collected, unless the concessionaire has a fully functioning and established point of sales system they would like to utilize.

(5) to provide the following summary of questions covered at the site visit held on 21 Oct 2022 to clarify the scope of the service required.

SUMMARY OF QUESTIONS

This is a requirement for providing sports massage therapy concessionaire service. It is more like manual methods, sports massage therapy service, rather than a full massage function. The concessionaire will be located in the fitness center and the space is not adequate for normal massage or deep relaxation.

Q1. Who sets operational hours?

A1. Concession operation hours will be negotiated between the concessionaire and the NAFI within the facility operational hours. (Please refer Section C-4 and C-5 under the Schedule)

Q2. What space will the concessionaire staff utilize as a break room?

A2. The concessionaire can allocate the three rooms however they’d like, but an additional break room space will not be provided.

Q3. Is there an existing washer and dryer outlet?

A3. There is a washer and dryer behind the front desk in the fitness center. No issue with concessionaire utilizing the washer and dryer, however, it would need to be incorporated into the contract if damage or equipment repairs were necessary as a result of anything being washed by concessionaire. The SFA/DFMAR staff will not be responsible for washing or moving from washer to dryer or otherwise, any belongings of the concessionaire. (ie. If the washer and/or dryer breaks while the concessionaire’s loads are in them, if there is any use by the concessionaire of harmful chemicals or items other than towels and linens)

Q4. Expressed spaces were small. Inquired about top/cover of individual rooms.

A4. Regarding the spaces, no construction is planned at the expense of the NAFI. There are no plans to cover the individual rooms as the AC/Heat dispenses through those open ceilings.

Q5. Vendors expressed they had their own POS operating systems.

A5. Please refer Section C-8. f. under the Schedule.

Q6. Inquired about changing the rooms, ie. Tint frosted windows or paint walls.

A6. Any permanent fixtures or cosmetic changes would need to be incorporated into the contract and approved in advance. Posters or advertisements within the rooms would need to be approved in advance. Non-permanent fixtures such as furniture can be brought in (ie. furniture). (Please refer Section C-12 under the Schedule)

Q7. Massage chairs were brought up by vendors, including types of services we are looking for.

A7. This is a requirement for manual massage methods, with a Sports Therapy focus rather than relaxation. The concessionaire will not be using any machines, tools or devices that would need to be plugged in. A handheld device, such as a scraper for example, is fine but anything requiring an electrical cord is beyond what is required for this service. Especially, vibrating, solo-use massage chairs are not the service requested.

Q8. Are there limits to minimum or maximum personnel under concessionaire?

A8. There is no particular limit on number of employees the concessionaire is authorized to have.

Q9. Asked if by appointment was the only option.

A9. No issue with walk-in or by appointment operation. It is up to concessionaire as long as they operate within the facility operational hours.

Q10. Youth Policy.

A10. 18 years or older, 17 if Active Duty. Youth must remain in line of sight/with guardian/adult. (Please refer Section C-2. g. under the Schedule)

(6) to extend the date and time of closing of solicitation from 18 Nov 2022, 1300hrs to 21 Nov 2022, 1300hrs.

b. All other terms and conditions remain the same.