A0006.pdf

1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 7

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

12 August 2008

4. REQUISITION/PURCHASE REQ. NO.

5. PROJECT NO. (If applicable) ARMY GOCO Korea

6. ISSUED BY CODE SCO600 7. ADMINISTERED BY (If other than Item 6) CODE

ATTN: Waleska Pierantoni-Monge/DESC-BXC Defense Energy Support Center PPN: 6.1 8725 John J. Kingman Road, Suite 2945 Ft. Belvoir, VA 22060-6222 Phone: (703) 767-9343 Fax: (703) 767-9338 Waleska.Pierantonimonge@dla.mil

8. NAME AND ADDRESS OF CONTRACTOR (NO., street,city,county,State,and ZIP Code) ( ) 9A. AMENDMENT OF SOLICITATION NO.

x

SP0600-08-R-0516

9B. DATED (SEE ITEM 11)

10 JUNE 2008

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

BIDDER CODE: CAGE CODE:

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

[ x ] The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers [ ] is extended [x] is not extended.

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 Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) by separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office appropriation date, etc.) SET FORTH

IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b)

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

D. OTHER Specify type of modification and authority)

E. IMPORTANT: Contractor [ ] is not, [ X ] is required to sign this document and return 1 copies to the issuing office.

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

SEE PAGES ATTACHED

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

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

SHEDRIC O. CRUMP

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C.DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C.DATE SIGNED

NSN: 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83)

PREVIOUS EDITION UNUSABLE

SP0600-08-R-0516

A00006

1. This amendment is hereby issued to revise the Performance Work Statement under Solicitation SP0600-08-R-0516.

Changes to the PWS for operation and maintenance of the 10 Army locations in Korea are summarized as follows:

a. Incorporate Appendix F on Page 17 of Solicitation SP0600-08-R-0516. Appendix F provides minimum personnel qualifications for key personnel.

b. Incorporate Questions and Responses (see pages 4 to 7) into the above referenced solicitation. Additional responses to questions submitted will be provided in a separate amendment.

c. Clause E18 Inspection and Cleaning of Bulk Petroleum Storage (DESC NOV 2003) is hereby deleted from Solicitation SP0600-08-R-0516.

2. All other terms and conditions remain the same.

APPENDIX F: Personnel Qualifications

The Contractor shall ensure that personnel assigned to all tasks have the requisite knowledge and skills to meet minimum performance standards and comply with all applicable Federal, State and local laws and regulations. They shall be able to speak, read and comprehend English (be literate) to the extent of reading and understanding printed regulations, detailed written orders and operating procedures, training instructions and materials and be able to compose reports which convey complete information. The Contractor shall ensure sufficient personnel are able to speak, read, and comprehend the host nation language if required to effectively conduct operations or maintenance.

Contractor personnel should be identified as mission-essential as required to ensure uninterrupted fuel support during normal base operations, deployments, exercises, and contingencies as well as during periods of heightened security.

The Contractor agrees to assign to the contract those persons whose resumes and personnel qualifications statements were submitted as required above to fill the requirements of the contract. No substitution or addition of personnel shall be made except in accordance with this contract.

The Contractor agrees that during the first 60 days of the contract performance period, no personnel substitutions will be permitted unless such substitutions are necessitated by an individual’s sudden illness, death or termination of employment.

In any of these events, the Contractor shall promptly notify the Contracting Officer and provide the information required below.

If personnel for whatever reason become unavailable for work under this contract for a continuous period exceeding 30 work days or is expected to devote substantially less effort toward the work than indicated in the proposal, the Contractor shall propose a substitution of such personnel in accordance with the following:

All proposed substitutions shall be submitted, in writing, to the Contracting Officer at least 15 days prior to the proposed substitution. Each request shall provide detailed explanation of the circumstances necessitating the proposed substitution, a complete resume for the proposed substitute and any other information required by the Contracting Officer to approve or disapprove the proposed substitution. All proposed substitutes (no matter when they are proposed during the performance period) shall have qualifications that are equal to or higher than the qualifications of the person being replaced.

In the event a requirement to increase the specified level of effort for a designated labor category, but not change to the overall level of effort of the contract occurs, the Contractor shall submit to the Contracting Officer a written request for approval to add personnel to the designated labor category. The information required is the same as that required above.

The additional personnel shall have qualifications greater than or equal to at least one (1) of the individuals proposed for the designated labor category.

The Contracting Officer shall evaluate requests for substitutions and addition of personnel and promptly notify the Contractor, in writing, whether the request is approved or disapproved.

If the Contracting Officer determines that suitable and timely replacement of personnel who have been reassigned, terminated or are unable to perform under the contract is not reasonably forthcoming or that the resultant reduction or productive effort would impair the successful completion of the contract, the contract may be terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate. Alternatively, at the Contracting Officer’s discretion, if the Contracting Officer finds the Contractor to be at fault for the condition, he may equitably adjust (downward) the contract price or fixed fee to compensate the Government for any delay, loss or damage as a result of the Contractor’s action.

Key Personnel

Corporate Executive Officer: To assure continuity between the terminal and the Contractor’s home office, the

Contractor shall employ during the life of this contract an executive who can make decisions concerning this contract;

who has a complete understanding of the terms and conditions of this contract; and who has experience in the operation and maintenance of bulk petroleum storage terminals.

Site Manager:

(1) Shall have a minimum of six years of specialized experience in fuel operations and maintenance. This experience shall include receiving, storing, issuing, and shipping petroleum products via tank truck, pipeline, rail, and aircraft refueling as appropriate to the installation capability and maintenance and repair of aviation and ground fuel facilities, systems, and equipment.

(2) Shall have a minimum of three years of supervisory experience gained within five years just prior to the contract start date. Of these three years, two years of experience shall be specialized supervisory experience in aviation and ground fuel facilities with emphasis in maintenance, operations and environmental compliance. One year may be general supervisory experience.

(3) This cannot be a collateral duty job.

Assistant Site Manager:

(1) Shall have a minimum of three years of experience in fuel operations and maintenance engaged in receiving, storing, issuing, and shipping petroleum products via tank truck, pipeline, rail, and aircraft refueling as appropriate to the installation capability and maintenance and repair of aviation and ground fuel facilities, systems, and equipment.

(2) This may be a collateral duty job.

Questions and Responses:

1. Question: Reference: PWS Section C, Paragraph C-5.7.1.4, regarding fuel spills, liability insurance, and Government assumption of some costs, as a self-insured entity.

Government Response: The contractor will not be responsible for any pre-existing environmental conditions at any of the 10 sites covered under the proposed contract prior to the contract award date.

2. Question: In paragraph E-18 (a) The contractor shall maintain and make available upon request the following historical data relative to each storage tank provided: (Historical data as described)

(e) At the time of offer submission, the offeror shall provide the Contracting officer with a listing of all tank inspections and cleanings, and other activities that would take a tank out of service, which are anticipated to occur during the contract period (chart).

Does the above statements means that the contract has a right to request the historical data of every tank before offering to predict the date of cleaning and other activities.

Government Response: No, the contractor only needs to maintain records for the data contained in clause E18. Tank cleanings are funding by DESC under the Centrally Managed Programs.

3. Question: Several of the facilities open 24/7 but If there is not a requirement for the fuel stations to be manned 24X7 how can the contract be responsible for the physical security of the fuel stations?

Government Response: The contractor is responsible for the physical security of the 10 fuel facilities and is responsible to notify the COR of any damage that may occur after working hours but will not be held financially liable.

4. Question: In the solicitation Appendix D Section (page 31) it states that the list of Government Furnished Equipment is “to be provided at a later date” can you provide this information since this is critical in determining our Contractor Furnished Equipment (CFE) for pricing?

Government Response: Appendix D provided under Amendment 4.

5. Question: Do you have Operational Workload Data for each of the sites to help us determine staffing requirements?

Government Response: The Operational Workload Data on hand would not be applicable to determine staffing requirements. The current data has the retail service stations manned 8 hours per day when the stations are automated and no manning is required with the exception of the cash sale locations.

6. Reference: PWS Appendix D List of Government Furnished Equipment page 31 of 110; RFP L.201(a).

Discussion: We would like to see the list of GFE so we can price what the contractor will need to provide. Our proposed CFE may well depend on the list of GFE provided since per RFP L201(a) we are required to our price in to labor equipment, supplies, and the like.

Question: Can the Government provide the GFE List as soon as possible?

Government Response: Appendix D provided under Amendment 4.

7. Reference: PWS Section C, Paragraph C-5.7.1.4, regarding fuel spills, liability insurance, and Government assumption of some costs, as a self-insured entity.

Question: Will the Government indemnify the Contractor from all liability related to pre-existing environmental conditions that may be present at any of the 10 sites covered under the proposed contract?

Government Response: The contractor will not be responsible for any pre-existing environmental conditions at any of the 10 sites covered under the proposed contract prior to the contract award date.

8. Reference: PWS C-3.1 General Scope of Work. Figure 2: Fuel Facility Infrastructure (Table), Pages 17 & 18 of 110 Question: Can the Government please confirm the all ASTs have secondary containment berms/infrastructure?

Government Response: Yes, All AST’s have secondary containment berms.

9. Question: Can the Government please confirm which USTs are metal and either single or double walled, and which tanks are fiberglass (if any) Government Response: See Appendix D in Amendment 00004

10. Question: Will the Government indemnify the Contractor from all liability related to pre-existing environmental conditions that may be present at any of the 10 sites covered under the proposed contract?

Government Response: The contractor will not be responsible for any pre-existing environmental conditions at any of the 10 sites covered under the proposed contract prior to the contract award date.

11. Question: Will cost escalation be allowed over the years for the G&A on the Task Orders along with price indices for labor? Also, wouldn’t the government be more cost effective if the G&A and profit be applied to task orders as required, paying for this under the CLINS and possibly not being used is not cost effective to the tax payer is not used.

Government Response: For evaluation purposes, DESC is requesting that all offers be formatted for Firm Fixed Price Evaluation.

12. E-18 (b) (Offers Submission Package) states that the contractor is to pay for the tank cleaning and inspection! How is the contractor know what to estimate when the tank data is not provided to know when the tanks will need to be cleaned on the first interval as outlined in paragraph E-18-E (b) (1), and (2). In addition these task must be performed by a certified tank cleaner per API and the equipment for this arduous task is very expensive due to all being explosion proof.

Also, non-of this requirement is stated in the PWS section C-5.0 Performance Requirements.

Government Response: Clause E-18 has been deleted from this solicitation (Applies to COCO Solicitation).

13. Question: Can this requirement be taken into consideration to be paid by the government under task orders under CLIN 1001 M&R? As each type of tank becomes available to clean under the time line in E-18?

Government Response: Not applicable, Clause E-18 has been deleted from this solicitation.

14. Question: Will this be a SOFA-covered contract? At the pre-proposal it was stated that the contractor would need to work that with the COR to request SOFA status – which cannot be done since a contractor must know in order to bid one way. Please clarify if this is SOFA-covered and, if so, provide an amendment with the agreement terms.

Government Response: Yes, DESC will coordinate SOFA process with FKAQ.

15. Question: Will U.S. Expatriates be given SOFA status under this contract?

Government Response: SOFA and Invited Contractor Status is being requested from FKAQ.

16. Paragraph C-4.1 states that contractors shall comply with all applicable regulations listed in this paragraph including USFK 190-17, “The Invited Contractor and Technical Representative Program”. In reviewing USFK 190-17, Section I, paragraph 8.a, Invited Contractor Designation states that “Designation of the specific contract(s) to be performed in Korea is the first step in the SOFA designation process for ICs. Contracting Officers initiate the designation process by submitting a request to FKAQ IAW Appendix D, Figure D-1. Designation will only take place following a consultation with the ROK and the resolution of any issues arising from that consultation. Once the contract is designated, the IC, in coordination with the USFK SA, will obtain individual SOFA status for all contract employees and dependents supporting contract performance in the ROK.” Question: Has DESC already submitted a request to FKAQ IAW Appendix D of this regulation?

Government Response: DESC has requested Invited Contractor Designation from FKAQ.

17. Additionally, USFK 190-17, Section I, paragraph4.c., states that “IC designations shall be made upon consultation with the ROK Government and both IC and TR designations shall be restricted cases where performance by a Korean firm is not practical due to-- (1) Security considerations, (2) The technical qualifications of the contractor involved, (3) The unavailability of materials or services required by U.S. standards, or (4) Limitations of U.S. law.” Given that DESC hasn’t dictated in the RFP that this contract must be restricted to Korean companies only, a reasonable person would assume that US companies must be able to fairly compete for this contract. DESC RFP SP0600-08-R-0516, Section C- 30, C-3.1 further substantiates that “All Contractor personnel that have a direct interface with the customers must be able to speak, read and write in English” which should further support DESC allowing US companies to compete equally for this contract. Question: Given the above, can US companies be awarded this contract if selected as the best qualified contractor? If so, will this Contract be covered under USFK SOFA laws, and will DESC assist US contractors in requesting this approval through the procedures outlined in USFK 190-19? If not, it would seem almost impossible under the regulations set forth in USFK 190-17 for a US company to be awarded a contract in Korea.

Government Response: DESC has requested Invited Contractor Designation from FKAQ.

18. C.4.1 General, USFK 700-19, Contractor Invited Status and Technical Representative Status; what is the current SOFA agreement between the Korean Government and the US currently for bidding purposes?

Government Response: Refer to USFK 700-19.

19. Question: Para. 201 states that resumes must clearly demonstrate that the nominee meet the qualifications identified in the PWS. Where in the PWS are the qualifications stated?

Government Response: PWS is revised and located in amendment 00006.

20. Question: 61. L-201. Is the government asking for these resumes for each of the 10 site? In Section C requires them to be unmanned except for inspection, preventive maintenance and cash sales and Hot Point refueling. And, Para. 201 states that resumes must clearly demonstrate that the nominee meet the qualifications identified in the PWS. Where in the PWS are the qualifications stated?

Government Response: PWS is revised and located in amendment 00006. Please provide resumes of key personnel.

21. Question: L201 (b) (1) states: (1) Resumes for the Corporate Executive Officer, the Site Manager, and the Assistant Manager (as applicable). This requirement is not waived for incumbent Contractor employees. Résumés must clearly demonstrate that the nominee meets the qualifications stated in the Performance Work Statement (PWS). If these proposed employees do not meet the minimum qualifications identified in the PWS, the offer may be rejected as unacceptable. Are resumes’ required with this proposal?

Government Response: Yes.

22. If contractors include Korean Nationals in their proposals, are they required to pay them in accordance with the Korean National Pay Tables, local Area Wage Determination, or similar requirement? If so, please provide a table.

Government Response: Offerors are advised to incorporate the use of local regulations/laws that are applicable in preparation of their proposals.

23. If contractors are required to pay Korean Nationals in accordance with the Korean National Pay Tables, local Area Wage Determination, or similar requirement, will the government allow Equitable Adjustments to compensate for increases in the required wages?

Government Response: Government is requesting for a Firm Fixed Price for each period of performance. Offerors should consider all factors when pricing each period of performance and each option period.

24. In the past five years the Korean Won (KWR) varied from a high of approximately 1,190 to the US dollar (USD) to a low of 910 KWR to USD, a change of 29%. During the past 12 months alone the KWR to USD rate has varied from 1,110 to 910, almost 22%. Since payment for this contract will be in USD, this magnitude of variation presents an overwhelming risk to the contractor especially in light of it being a twenty year contract. In order to help mitigate this risk, contractors must bid an excessively high price. So as to ensure both adequate competition and the lowest possible price on this twenty year effort, would the Government entertain insertion of a clause into the contract that would require an equitable adjustment (up or down) based upon annual variations in relative value between the US dollar and the Korean won?

Government Response: No, offerors should factor all this issues when submitting offers. RFP is requesting offerors to submit offers with a Firm Fixed Price.

25. Section L.201 (b)(1) …”Resumes must clearly demonstrate that the nominee meets the qualifications stated in the Performance Work Statement.” Where are the qualifications stated in the PWS?

Government Response: Qualifications have been provided in amendment 0006.

26. In Block 11 of Amendment 0003 and 0004 it indicates the solicitation is extended however there are no new due dates, please clarify.

Government Response: Offers are due 29 August 2008, no later than 1500 hrs Eastern Time.