SPE603-18-R-0523_0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

4. REQUISITION/PURCHASE REQ. NO.

See Block 14

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SPE603 7. ADMINISTERED BY (If other than Item 6) CODE

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

CODE FACILITY CODE

SPE60318R0523

X

2018 MAY 22

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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:

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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:

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

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

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

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

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

16B. UNITED STATES OF AMERICA15B. CONTRACTOR/OFFEROR

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

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

(a) By completing Items 8 and 15, and returning

DLA ENERGY

BULK PETROLEUM SERVICES

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

15C. DATE SIGNED 16C. DATE SIGNED

D. OTHER (Specify type of modification and authority)

3. EFFECTIVE DATE

JUNE 22, 2018

See Attached Continuation Sheet(s).

(X)

CHECK ONE

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

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

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

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SPE60318R0523 - 0002

CONTINUED ON NEXT PAGE

This amendment is hereby issued to provide responses to offerors questions, revise Performance Work Statement (PWS) sections C-1.2 Camp Humphreys MILCON, C-5.1.1 Corporate Fuels Officer, C-5.1.2 Regional Superintendent, C-5.1.14 Contractor Manpower Reporting and C-5.4 Facility Maintenance, incorporate Appendix N titled Applicable Directives, incorporate pre-proposal conference sign-in/site visit sheet and remove check off on FAR clause 52.212-5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items (Jan 2018) (c)(4) titled 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

1. INCORPORATING QUESTIONS AND ANSWERS:

a. Office Space: New facility at Camp Humphreys, will government provide new office space with related furniture including computers and printers?

Answer: See PWS sections C-1.2 and C-5.5.2

b. CFO: PWS requires native English speaker, does this mean he needs to be a U.S. Citizen or will a fluent English speaking Korean do and will he need to be stationed at Camp Humphreys/any U.S. base, or no need to be stationed at specific base?

Answer: See PWS sections C-5.1 and C-5.1.1.

c. C-5.1.9/5.1.10, Resume: If we hire incumbent laboratory superintendent and chemist, do we still need to submit their resume? If they are reluctant to provide their resume, can we make a statement for hiring them without submittal of their resumes?

Answer: See PWS sections C-5.1.1, C-5.1.2, C-5.1.3 and C-5.1.14.

d. C-5.4: Maintenance: Currently, filter element of hot refueling point at Camp Humphreys and K-16 has been provided by the Government and installed by the Contractor. Will it be the same for new contract requirement and will the filter element for Gas Dispensers also be provided by the Government?

Answer: See PWS sections C-5.4 and Appendix N.

e. Minimum manpower requirement: Is there any minimum manpower quantity requirement for each facility?

Answer: See PWS sections C-5.1.1 and C-5.1.14.

f. The requirement of submitting resumes of key personnel that is deemed too much competition restrictive and unnecessary for LPTA Firm Fixed Price contract for this solicitation. Because it is a kind of contract of providing personnel services and management services by managing defense projects successfully, to operate and maintain Aviation and Ground Fuel Operations at Korea Army GOCO consolidated. It has been being operated by a contractor awarded for years and years the terms by multiple contractors in the history in turn one-by-one that mostly took over personnel from immediate previous contractor, even including all key personnel despite an offeror submitted resumes of different from the list of personnel who works for current contract.

The industry of this services are limitedly small and if a newly contractor awarded recruit new employees of resume submitted and replace most currently working. It will not help continuity of the smooth performance of the contract. To satisfy the objective of the solicitation/contract would be whether a new contractor could possibly perform satisfactory efficient performance from business management perspective at possibly lowest cost to the government. Requirement of key personnel resumes would deter job continuity (IAW ROK labor law and practice, the offeror awarded shall hire a new personnel committed with the resume submitted for a designated position despite having incumbent personnel in place from current contract). It is only favoring the incumbent contractor by restricting and/or imposing unnecessary condition onto possible new comers who could be more experiencing, competitive in cost control and management efficiency from vast defense contracts performance.

If the Government needs to change the contractor, it shall be due to cost control link to management efficiency in performing defense contracts, rather than the justification of resumes, as all necessary personnel shall be there in the site to recruit or replace in addition to some additional requirement of FDSO, FDSM, FA in addition to CFO and so

on. It is only forcing current employees of incumbent contractor to duplicate their resume of having incumbent contractor be favoring by forcing current employees not to provide their resume to the industry. It may be against ROK labor law and practice.

Hence we request to remove of resume requirements of key personnel as long as offeror guarantees to provide with capable key personnel within the phase in period regardless take over from the previous or recruit new that shall be subject to the government prior review and approval, after the contract awarded.

Answer: See PWS sections C-5.1.1 and C-5.1.14 Resume submission is required.

g. The solicitation requires offerors to submit including the performance still in progress having a minimum of one

(1) year of performance history and no more than three (3) year old from the closing date of this solicitation. It is surely considered not only a very strong restriction favoring only incumbent contractor but also prevent any new comer that could provide cost competitiveness and management efficiency to the government that may be against FAR regulation, by put more restrictive unnecessary huddles to new comers.

Hence it is to request removal of this restriction from the evaluations as long as successful contractor candidate be able to provide with sound planning, technicality and performance capability in proven efficient and satisfactory management in that have been performing defense contracts or alleviate to "The offeror shall provide with proven management capability history of performing experiences in various defense contracts of USFK successfully."

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Answer: The requirement remains as written. See FAR 15.305 (a)(2)(iv) for further clarification.

h. Can an offeror submit their offer in Korean won, not dollar according to iii. Exceptions and 52.214-35 (Contractor can be paid in dollar with exchange rate of the month applied to conversion if payment must be made in dollar)?

Korean government determined min hourly wage of KW 7,530 for FY 2018 (1 Jan through 31 Dec 2018). This comprises a 16.4% increase. And the current government/administration has publicly vowed to increase the minimum hourly wage to KW 10,000 by 2020 which translates into KW 2,090,000 for monthly salary and the minimum hourly wage for FY 2019 shall be announced around July 2018. Increases of this sharp minimum hourly wage are above and beyond any offeror’s control/ best forecast. Accordingly, in multiple period contracts such as this solicitation, the provision of an equitable adjustment due to unforeseeable circumstances (including this example of the minimum hourly wage increase) will be essential. There is precedent, for example the Public Procurement Service (조달청), Korean government agency responsible for government-wide contracts including ones for ROK MND (국방부) accepts equitable adjustment requests to cope with salary adjustments, such as a change to the minimum hourly wage, for multiple period contracts.

Answer: No. FAR Clause 52.214-35 remains as written. Offer submission is required in US Dollars or offer will be rejected.

i. Will such an equitable adjustment provision be included in the contract arising from this solicitation in accordance with following?

52.222-43 Fair Labor Standard Act and Service Contract Act - Price Adjustment (Multiple Years and Option Contract) 52.222-44 Fair Labor Standard Act and Service Contract Act - Price Adjustment

Answer: FAR clauses 522.222-43 and 52.222-44 are not applicable to overseas contracts.

j. Request that proposal submission be extended to June 26, 2018 @ 9:00 A.M. Local Time Ft. Belvoir, VA from June 20, 2018 @ 9:00 A.M. Local Time Ft. Belvoir, VA as there are Korean Holidays in first part of June 2018.

Answer: Closing date for receipt of offers has been extended to June 25, 2018 @ 9:00 A.M. Local Time Ft. Belvoir, VA.

2. The following sections of the PWS have been revised: C-1.2 Camp Humphreys MILCON, C-5.1 Staffing, C-5.1.1 Corporate Fuels Officer, C-5.1.2 Regional Superintendent, C-5.1.14 Contractor Manpower Reporting, C-5.4 Facility Maintenance and Appendix N titled Applicable Directives added. Most recent revision of the PWS dated June 21, 2018 is attached with changes highlighted.

3. The Pre-proposal Conference/Site Visit sign-in sheets are hereby added to the solicitation package.

4. Remove check off on FAR clause 52.212-5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items (Jan 2018) (c)(4) titled 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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Attachments

List of Attachments

File Name Description ATTACH_Attachment I -

Performance Work Statement

SECTION A - PLANNING

AND

ATTACH_Pre-proposal Conference and Site Visit sign in sheet

SECTION A - PLANNING

AND

STANDARD FORM 30 (REV. 10-83)

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CONTINUATION SHEET

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CONTINUATION SHEET

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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

6. ISSUED BY

CODE

7. ADMINISTERED BY (If other than Item 6)

CODE

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

10A. MODIFICATION OF CONTRACT/ORDER NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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. 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).

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

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

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

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

NSN 7540-01-152-8070

Previous edition unusable STANDARD FORM 30 (REV. 10-83) Prescribed by GSA FAR (48 CFR) 53.243

16B. UNITED STATES OF AMERICA

15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer) (Signature of person authorized to sign) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

(a) By completing Items 8 and 15, and returning

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

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

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

PAGE OF

1.5 Amendment of Solicitation/Modification Contract skim Standard Form - Amend Acrobat Distiller 4.0 for Windows D:20001018094515Z D:20090422155830-04'00'