W5J9JE-22-B-0004 P0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The Purpose of this Amendment 0001 is to:

1.Remove the separately priced requirement for Damages - CLINs 0005 & 1005.

2.Remove the separately priced requirement for DBA Insurance - CLINs 0006 & 1006.

3.Publish Questions and Answ ers to the ProjNet questions from potential offerors.

4.Revise Part 5.2.1 page 14 of 19 of the SOW to include the requirement for a Vehicle Maintenance Plan.

5.Incorporate FAR Clause 52.228-3 Worker’s Compensation Insurance (Defense Base Act).

6.Extend the proposal due date from 07 May 2022 at 9:00AM to 17 May 2022 at 9:00AM.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 19

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

16C. DATE SIGNED

BY 05-May-2022

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W5J9JE22B0004

X 9B. DATED (SEE ITEM 11)

07-Apr-2022

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

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 Offer X is extended, is not extended.

Offer 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 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.

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, is required to sign this document and return copies to the issuing office.

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

05-May-2022

CODE

USACE TRANSATLANTIC AFGHANISTAN DISTRICT

CETAA-CT, USACE TAA HQ BAF, BAGRAM

APO AE 09354

W5J9JE 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

X 1

W5J9JE22B0004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by reference:

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014

The following have been added by full text:

PROJNET QUESTIONS & ANSWERS

Responses to Contractor Inquiries Received Follows:

W5J9JE-22-B-0004_21 NTVs Kuwait

ID #: 9697272

Contractor Question:

There are differences in vehicle description between SF1449 item structure and SOW CLIN description (page 21- 22). IAW SF 1449 requirement is for item #1 Full size sedan, item #2 Mid size SUV, item #3 Full size SUV and item #4 Full size Crew Cab. IAW SOW 5.2.3 Mid size SUV, 5.2.4 Full size SUV, 5.2.5 Extended Full size SUV and

5.2.6 Full size Crew Cab. Kindly confirm which of the options below is correct:

Option 1 Full size sedan Mid size SUV Full size SUV Full size Crew Cab

Option 2 Full size sedan Mid size SUV Extended Full size SUV Full size Crew Cab

Government Response:

The SOW Section 5.2.5 revised to remove the vehicle description for the Extended Full SUV description (page 21- 22). The vehicle descriptions are as follows:

Option 1 10 X Full size sedan w/Tint 4X Mid size SUVs w/Tint 4X Full size SUV’s w/Tint 3X Full size Crew Cab 4X4 w/Tint Option 2 10 X Full size sedan w/Tint 4X Mid size SUVs w/Tint 4X Full size SUV’s w/Tint 3X Full size Crew Cab 4X4 w/Tint

ID #: 9697285

Contractor Question:

IAW Government response vide RFI solicitation #W5J9JE22B003, Amdt # 2 dated 10 April 2022, Q/A #3 it is understood that DBA is required for US Nationals, legal US residents, Host country Nationals, Third Country

Nationals if hired for exclusively working on a USG contract. If intended bidder do not have any of the above specified category of employees to perform under the proposed contract then we believe DBA may not be necessary.

Intended bidder`s hired employees are for its regular routine business operation and covered by alternate workers compensation insurance as per local laws. If it succeeds in getting an award then assignment of its employees are incidental. There will be no scope of DBA claim arising for such employees per local laws.

Government Response:

The DBA Insurance is Not Separately Priced, but the Offeror must provide “Proof of DBA Insurance to the Contracting Officer within 14 days after contract award and after exercising each option period”.

Navigate to the U.S. Department of Labor website (https://www.dol.gov/agencies/owcp/dlhwc/ExplainingDBA) for further guidance.

The following is from the DBA website.

An employer who fails to secure the payment of compensation under the Act through an insurance carrier or to obtain authorization to be self-insured may face criminal prosecution and be subject to imprisonment and/or fines. If the employer is a corporation, the president, secretary and treasurer can be prosecuted individually and may be personally and severally liable for compensation and other benefits.

If the employer is not insured, an injured employee also may elect to either claim compensation under the Act or sue for damages for his/her injury under general tort law. In such a lawsuit, the employer may not rely on the customary tort defenses that the employee is prevented from recovery by (1) his/her own contribution to the cause of the injury or (2) his/her own negligence or wrongdoing.

The Secretary of Labor may waive application of the Defense Base Act with respect to any contract, work location, or class of employees upon the written request of the head of any department or other agency of the United States. It is Department of Labor policy that waivers do not apply to citizens or legal residents of the U.S. or to employees hired in the U.S. In addition, once granted, the waiver is only valid if alternative workers' compensation benefits are provided to the waived employees pursuant to applicable local law. If there are no local workers' compensation laws, the waiver has no effect and local and foreign nationals working under a U.S. contract are covered under the

DBA.

The request for waiver can be made by submitting a request for DBA waiver package, by the head of a department or agency of the United States government. The package can be mailed to the Director, OWCP, U.S. Department of Labor, OWCP, Division of Longshore and Harbor Workers' Compensation, 200 Constitution Avenue NW, Rm C- 4319, Washington, DC 20210. The package can also be sent by e-mail to DLHWC-Public@dol.gov.

ID #: 9697324

Contractor Question:

IAW SOW 5.2 contractor is required to submit VIN numbers of proposed/offered vehicles along with the bid. It will require for the contractor to reserve and hold on to all 21 NTVs for 6 months with proposed delivery on 1st October 2022 which will impact contractor`s sales/revenue. We believe submitting manufacturers model code/Variant # along with detail specification sheet may suffice this requirement. Request comment/confirmation.

Alternatively, kindly confirm VIN numbers submitted along with the bid is not required to be delivered upon award as long vehicle features are matching with submitted VIN numbers.

Government Response:

Section 5.2 Vehicle Types is revised to remove the requirement for the Contractor to submit VIN numbers with solicitation package. The Contractor will be required to submit VIN numbers 24-48 hours prior to delivery of vehicles with the proposed date of 1 October 2022. All additional vehicle details Make and Model code/Variant # along with detail of the vehicles need to be provide in the proposal.

ID #: 9697331

Contractor Question:

IAW solicitation item #c, page 10, AWARD. Kindly clarify method of price consideration which one of below is correct:

a. Combine total sum of item 0001 to 0007 for base and option year

b. Combine total sum of item 0001 to 0007 for base year

c. Combine total sum of item 0001 to 0004 for base and option year

d. Combine total sum of item 0001 to 0004 for base year Government Response:

https://www.dol.gov/agencies/owcp/dlhwc/ExplainingDBA mailto:DLHWC-Public@dol.gov

IAW the solicitation page The Government will evaluate bids for award by calculating a Total Evaluated Price for each offeror. The Total Evaluated Price will be calculated as the sum of all Contract Line-Items (CLINs) 0001 to 0004. CLINs 0005 through 0006 are not separately priced and therefore will not be included in the price consideration.

• Combine total sum of item 0001 to 0004 for base and option year

ID #: 9697338

Contractor Question:

Delivery requirement is within 24-48 hours of receipt of award as defined in item description as well as defined in page 12 item #a contractor to confirm that the delivery within 24-48 hours. Request clarification if USG intend to issue NTP to award winning contractor after completion of evaluation and selection of award winning contractor in order to start mobilization to fulfill delivery within agreed upon schedule.

Government Response: A Notice to Proceed (NTP) would be issued if the Government required the Contractor to present certificates of insurance and bonds before allowing access on to its worksites. NTPs will not be issued for this procurement. However, the Contractor is required in accordance with the solicitation Section 3 Proposal Content, page 12 of 55 to deliver vehicles within 24-48 hours of receipt of award.

The DBA Insurance is Not Separately Priced, but the Offeror must provide “Proof of DBA Insurance to the Contracting Officer within 14 days after contract award and after exercising each option period”.

Navigate to the U.S. Department of Labor website (https://www.dol.gov/agencies/owcp/dlhwc/ExplainingDBA) for further guidance.

The following is from the DBA website.

An employer who fails to secure the payment of compensation under the Act through an insurance carrier or to obtain authorization to be self-insured may face criminal prosecution and be subject to imprisonment and/or fines. If the employer is a corporation, the president, secretary and treasurer can be prosecuted individually and may be personally and severally liable for compensation and other benefits.

If the employer is not insured, an injured employee also may elect to either claim compensation under the Act or sue for damages for his/her injury under general tort law. In such a lawsuit, the employer may not rely on the customary tort defenses that the employee is prevented from recovery by (1) his/her own contribution to the cause of the injury or (2) his/her own negligence or wrongdoing.

The Secretary of Labor may waive application of the Defense Base Act with respect to any contract, work location, or class of employees upon the written request of the head of any department or other agency of the United States. It is Department of Labor policy that waivers do not apply to citizens or legal residents of the U.S. or to employees hired in the U.S. In addition, once granted, the waiver is only valid if alternative workers' compensation benefits are provided to the waived employees pursuant to applicable local law. If there are no local workers' compensation laws, the waiver has no effect and local and foreign nationals working under a U.S. contract are covered under the

DBA.

The request for waiver can be made by submitting a request for DBA waiver package, by the head of a department or agency of the United States government. The package can be mailed to the Director, OWCP, U.S. Department of Labor, OWCP, Division of Longshore and Harbor Workers' Compensation, 200 Constitution Avenue NW, Rm C- 4319, Washington, DC 20210. The package can also be sent by e-mail to DLHWC-Public@dol.gov.

ID #: 9701387

Contractor Question:

a. Based on the Non-Tactical Vehicle lease, we will deliver the vehicles through the main gate and deliver it to the users. Our team don't need to enter the base, the maintenance will be done in our workshop outside the base, our driver covered by comprehensive insurance, the vehicles covered by third-party insurance and full insurance.

b. Is the DBA insurance still required?

Government Response:

a. Vehicles will be delivered to a designated location that will be provided by the USG on award to the winning contractor. Maintenance shop will be identified with local address and POC by the contractor that is awarded the contract. The vehicles must be fully insured for USG drivers.

https://www.dol.gov/agencies/owcp/dlhwc/ExplainingDBA

b. The DBA Insurance is Not Separately Priced, but the Offeror must provide “Proof of DBA Insurance to the

Contracting Officer within 14 days after contract award and after exercising each option period”.

Navigate to the U.S. Department of Labor website (https://www.dol.gov/agencies/owcp/dlhwc/ExplainingDBA) for further guidance.

The following is from the DBA website.

An employer who fails to secure the payment of compensation under the Act through an insurance carrier or to obtain authorization to be self-insured may face criminal prosecution and be subject to imprisonment and/or fines. If the employer is a corporation, the president, secretary and treasurer can be prosecuted individually and may be personally and severally liable for compensation and other benefits.

If the employer is not insured, an injured employee also may elect to either claim compensation under the Act or sue for damages for his/her injury under general tort law. In such a lawsuit, the employer may not rely on the customary tort defenses that the employee is prevented from recovery by (1) his/her own contribution to the cause of the injury or (2) his/her own negligence or wrongdoing.

The Secretary of Labor may waive application of the Defense Base Act with respect to any contract, work location, or class of employees upon the written request of the head of any department or other agency of the United States. It is Department of Labor policy that waivers do not apply to citizens or legal residents of the U.S. or to employees hired in the U.S. In addition, once granted, the waiver is only valid if alternative workers' compensation benefits are provided to the waived employees pursuant to applicable local law. If there are no local workers' compensation laws, the waiver has no effect and local and foreign nationals working under a U.S.

contract are covered under the DBA.

The request for waiver can be made by submitting a request for DBA waiver package, by the head of a department or agency of the United States government. The package can be mailed to the Director, OWCP, U.S.

Department of Labor, OWCP, Division of Longshore and Harbor Workers' Compensation, 200 Constitution Avenue NW, Rm C-4319, Washington, DC 20210. The package can also be sent by e-mail to DLHWC- Public@dol.gov.

ID #: 9701388

Contractor Question:

Are the damages must be separately priced?

Government Response:

The Government issued Amendment 0001 to remove the separately priced requirement for Damages. CLINs 0005 & 1005 are removed as they are Not Separately Priced. Damages are addressed in the solicitation Section 1.5 page 17 of 55.

ID #: 9716164

Contractor Question:

Under Part 5 Specifications page 21 Can you provide the GSA Class and approved vehicle models for Item 1 (Sedans)?

Government Response:

IAW the solicitation page 21 of 56 Section 5.2.3 Mid-Size SUV The Federal Vehicle Standard Item GSA Class 105A, Jeep Grand Cherokee or Ford Explorer 4x4 SUV, Intermediate, 4DR 5Passenger, Minimum 5500 GVWR.

Please navigate to gsaelibrary.gsa.gov for additional GSA Class vehicle standards.

ID #: 9716181

Contractor Question:

Are the colors identified (black or silver) under “Requirement” section of the only acceptable colors allowed for vehicles? Would white vehicle color be acceptable?

Government Response: White vehicle is acceptable https://www.dol.gov/agencies/owcp/dlhwc/ExplainingDBA

ID #: 9716187

Contractor Question:

Are “snow chains” actually needed in the vehicles as identified in the “Requirement” section 3.8?

Government Response: Chains are requested as a safety item.

ID #: 9716181

Contractor Question:

Page 22, 5.2.8 can you provide clarification of 21 or 14 Calendar days to notify COR of traffic violations?

Government Response: 21 Calendar days

ID #: 9716211

Contractor Question:

This section identifies the insurance needed but states "The insurance shall also cover the costs/damages of third parties involved in an accident, property damaged as a result of an accident, whether caused by the USG, a USG employee/military member, or external force. The level of insurance shall be 100 percent (%) with no deductible to be paid by the Government."

Would this "no deductible paid by the government" include when the government operator was at fault and willfully disregarding local laws and regulations?

Government Response: All insurance related items shall be covered no matter the fault on the government.

ID #: 9716575

Contractor Question:

Requesting copy of amendment issued and an extension for submitting bid due to a whole week holiday in Kuwait.

thank you.

Government Response: The content of this document is the first amendment P0001 to the solicitation. The proposal due date for this solicitation is extended from 07 May 2022 at 9:00AM to 17 May 2022 at 9:00AM.

SECTION SF 1449 - CONTINUATION SHEET

SUPPLIES OR SERVICES AND PRICES

CLIN 0005

The CLIN type priced has been deleted.

The CLIN extended description has changed from:

One twelve (12) month performance period.

To:

Damages Not Separately Priced.

The pricing detail quantity 1.00 has been deleted.

The unit of issue Lot has been deleted.

The cost constraint NSP has been added.

The FOB Destination has been deleted.

The PSC code W023 has been deleted.

The PROG code A4B has been deleted.

The WSC Equipment code 000 has been deleted.

The NAICS code 532112 has been deleted.

The MDAP/MAIS Code 000 has been deleted.

CLIN 0006

The CLIN extended description has changed from:

The amount listed by the offeror on this contract line-item number (CLIN) is the estimated DBA insurance premium (estimated payroll of the Offeror and its subcontractors). The DBA insurance premium amount varies with payroll and the nature of the services. The actual amount paid by the Government under this CLIN will be based on the amount of the stamped “PAID” receipt from an approved Department of Labor (DoL) insurance carrier and submitted by the offeror after award for reimbursement. In the event premiums are recalculated by the approved DoL insurance carrier based on actual payrolls, the contracting officer will adjust the DBA cost CLIN amount to reflect the actual premium amount paid. The U.S. Government will NOT reimburse the contractor for DBA insurance purchased from a non-DoL approved insurance provider. "Proof of DBA insurance shall be submitted to the Contracting Officer within 14 days after contract award and after exercising each option period".

The Contractor must provide "Proof of DBA insurance within 14 days after contract award and after exercising of each option period".

The pricing detail quantity 1.00 has been deleted.

The unit of issue Job has been deleted.

The cost constraint NSP has been added.

The FOB Destination has been deleted.

The PSC code W023 has been deleted.

The PROG code A4B has been deleted.

The WSC Equipment code 000 has been deleted.

CLIN 1005

The CLIN extended description has changed from:

The amount listed by the offeror on this contract line-item number (CLIN) is the estimated DBA insurance premium (estimated payroll of the Offeror and its subcontractors). The DBA insurance premium amount varies with payroll and the nature of the services. The actual amount paid by the Government under this CLIN will be based on the amount of the stamped “PAID” receipt from an approved Department of Labor (DoL) insurance carrier and submitted by the offeror after award for reimbursement. In the event premiums are recalculated by the approved DoL insurance carrier based on actual payrolls, the contracting officer will adjust the DBA cost CLIN amount to reflect the actual premium amount paid. The U.S. Government will NOT reimburse the contractor for DBA insurance purchased from a non-DoL approved insurance provider. "Proof of DBA insurance shall be submitted to the Contracting Officer within 14 days after contract award and after exercising each option period".

The Contractor must provide "Proof of DBA insurance within 14 days after contract award and after exercising of each option period".

The pricing detail quantity 1.00 has been deleted.

The unit of issue Job has been deleted.

The cost constraint NSP has been added.

The FOB Destination has been deleted.

The PSC code W023 has been deleted.

The PROG code A4B has been deleted.

The WSC Equipment code 000 has been deleted.

CLIN 1006

The CLIN extended description has changed from:

One twelve (12) month performance period.

Damages Not Separately Priced.

The pricing detail quantity 1.00 has been deleted.

The unit of issue Lot has been deleted.

The cost constraint NSP has been added.

The FOB Destination has been deleted.

The PSC code W023 has been deleted.

The PROG code A4B has been deleted.

The WSC Equipment code 000 has been deleted.

The NAICS code 532112 has been deleted.

The MDAP/MAIS Code 000 has been deleted.

DELIVERIES AND PERFORMANCE

The following Delivery Schedule for CLIN 0005 has been deleted:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 01-OCT-2022 TO

30-SEP-2023

N/A USACE TAE

ATTN: JOSEPH SHORTT-TABOR

KUWAIT RESIDENT OFFICE

BLDG 313 ZONE 1

CAMP ARIFJAN

FOB: Destination

W5016N

The following Delivery Schedule for CLIN 0006 has been deleted:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 01-OCT-2022 TO

30-SEP-2023

N/A USACE TAE

ATTN: JOSEPH SHORTT-TABOR

KUWAIT RESIDENT OFFICE

BLDG 313 ZONE 1

CAMP ARIFJAN

The following Delivery Schedule for CLIN 1005 has been deleted:

CAGE

POP 01-OCT-2023 TO

30-SEP-2024

N/A USACE TAE

ATTN: JOSEPH SHORTT-TABOR

KUWAIT RESIDENT OFFICE

BLDG 313 ZONE 1

CAMP ARIFJAN

The following Delivery Schedule for CLIN 1006 has been deleted:

CAGE

POP 01-OCT-2023 TO

30-SEP-2024

N/A USACE TAE

ATTN: JOSEPH SHORTT-TABOR

KUWAIT RESIDENT OFFICE

BLDG 313 ZONE 1

CAMP ARIFJAN

INSPECTION AND ACCEPTANCE

The Acceptance/Inspection Schedule for CLIN 0005 has been changed from:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

Destination Government Destination Government

To:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

N/A N/A N/A N/A

The Acceptance/Inspection Schedule for CLIN 0006 has been changed from:

Destination Government Destination Government

To:

The Acceptance/Inspection Schedule for CLIN 1005 has been changed from:

Destination Government Destination Government

To:

The Acceptance/Inspection Schedule for CLIN 1006 has been changed from:

Destination Government Destination Government

To:

The following have been modified:

STATEMENT OF WORK

STATEMENT OF WORK

US ARMY CORPS OF ENGINEERS

TRANSATLANTIC EXPEDITIONARY DISTRICT

VEHICLE LEASE – KUWAIT

Part 1 - General Information

1. General: This is a commercial procurement to meet a recurring supply effort for ground transportation (vehicles). The vendor shall provide safe and operable vehicles at all times for the U. S. Army Corps of Engineers (USACE), Transatlantic Expeditionary District (TAE) personnel who are assigned to the Kuwait Area Office. The U.S. Government (USG) will not exercise any supervision or control over the vehicle providers.

1.1 Background: The intent of this acquisition is to award a Firm-Fixed-Price (FFP) Contract to provide safe and operational vehicles for USACE employees (military and civilian) stationed Outside the Continental United States (OCONUS) at locations within the U.S. Central Command (CENTCOM) Kuwait Area of Responsibility (AOR).

The vehicles shall comply with features and standards listed in Part 5.

1.2 Objectives: USACE – TAE requires the Contractor to supply vehicles that are safe and fully operational which includes but is not limited to licensing; inspections; insurance; and as required, toll stickers; and any effort that is required to provide safe and operational vehicles.

1.3 Scope: This contract provides twenty-one (21) vehicles for USACE personnel located within the CENTCOM AOR KUWAIT. Vehicle types and quantities are: ten (10) Full-sized sedans, four (4) Full-size SUV’s, four (4) Mid-sized SUV’s, three (3) Full-size Crew Cab trucks. Vehicles shall be in new or in like new condition (less than 20,000 kilometers) Model year 2019 or newer at the time of acceptance.

1.4 Period of Performance Duration: The intended contract duration for this requirement shall be a base period from 01 October 2022 through 30 September 2023 and a one-year option period from 01 October 2023 through 30 September 2024, if the option is determined to be in the best interest of the Government.

1.5. Quality/Insurance: The Contractor shall certify in writing in response to this Purchase Order (PO) request that the vehicles meet the requirements of the SOW; local laws; and are covered by a comprehensive insurance plan.

Contractor must certify these requirements are met per paragraph 4.3 of this document. Copies of the current vehicle registration and insurance shall be placed in the glove compartment of the respective vehicles provided. The Contractor shall carry insurance to cover vehicles stolen or damaged through accidents or criminal acts, as required by the Kingdom of Kuwait’s country law. The insurance shall also cover the costs/damages of third parties involved in an accident, property damaged as a result of an accident, whether caused by the USG, a USG employee/military member, or external force. The level of insurance shall be 100 percent (%) with no deductible to be paid by the Government.

1.5.1 Contractor Identification: Contractor personnel shall wear a Contractor-provided identification card at all times when interacting with USG personnel. Vehicles will not be accepted from Contractor personnel without proper identification.

1.5.2 Time and Place of Delivery: The contractor shall coordinate delivery with Contracting Officer’s Representative for the delivery of vehicles described in this SOW. The country covered under this Purchase Order is Kuwait with delivery within a 15 Kilometer radius of Camp Arifjan, Kuwait. The Contractor shall deliver the vehicles 24-48 hours after receipt of the award.

1.5.3 Safety: The Contractor shall provide safe and operational vehicles and vehicles shall be in accordance with this SOW.

A safe and operational vehicle is defined as a vehicle that has:

• Completed all repairs required as a result of a collision; regardless of who is at fault or what collided with the vehicle;

• All damaged, non-operating, or malfunctioning parts are replaced with parts meeting manufacturer specifications;

• Periodic manufacturer recommended inspections and repairs;

• All manufacturer installed safety items such as glass, seat belts, air bags, traction control are fully operational and within manufacturer specifications;

• Maintenance that is not scheduled but is required to correct deficiencies and to restore the vehicle or equipment to a serviceable condition; and

• All recall work completed;

• No prior wrecks or damages recorded for the vehicle;

• No salvaged titles; vehicles must have clean title.

1.6 Type of Contract: Firm Fixed Price.

1. 7 Post-award Conference/Periodic Meetings: The Contractor agrees to attend any post award conference and/or meeting convened, via telephone, by the KO in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5 Post-award Orientation. The Contractor shall provide the minutes of the meeting to the COR within three business days of each meeting.

1.8 Contracting Officer Representative: The COR monitors technical requirements of the contract (see paragraph

5.2.10 of this document) and assists the KO with contract (purchase order) administration. The COR is authorized to perform the following functions: assure that the Contractor provides vehicles that meet the requirements of this SOW. There may be additional duties assigned to the COR which will be detailed in a letter of designation issued to the COR. A copy of which is sent to the Contractor, which may state the responsibilities and limitations of the COR, especially with regard to changes in price, estimates or changes in delivery dates, and locations for pick-up and swap-out of vehicles. The COR is not authorized to change any of the terms and conditions of the resulting order.

“Only a warranted Contracting officer (either a Contracting Officer or an Administrative Contracting Officer (ACO)), acting within their appointed limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed with the change and shall immediately notify the Contracting Officer. Proceeding with any work not authorized by the Contracting Officer will be at the Contractor’s own risk.

PART 2 - DEFINITIONS & ACRONYMS

2.1 DEFINITIONS:

2.1.2 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the USG. The term used in this contract refers to the prime contractor.

2.1.3 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 USG. Note: The Contracting Officer is the only individual who can legally bind the USG.

2.1.4 Contracting Officer’s Representative (COR): An employee of the USG appointed by the KO 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. A COR will be appointed for this PO.

2.1.5 Subcontractor: One that enters into a contract with a prime contractor. The USG does not have privity of contract with the subcontractor.

2.1.6 Work-Day: The Contractor shall be available during normal working hours which is 0800 to 1630 hours daily. Additionally, an emergency POC shall be provided and available 24/7.

2.1.7 Work Week: - Sunday through Thursday, 0800 – 1630 hours, but may vary.

2.1.8 Fair Wear and Tear: The normal deterioration of items attributed to continuous usage. Fair wear and tear include repair or replacement of all parts not resulting from abuse, accidents, criminal or hostile acts, or any event not at the fault of the USG. If it is determined by mutual agreement of both the contractor and COR/ACO that a tire failed due to willful negligence of the Government driver, the Government shall pay for the repair or replacement of the flat tire. Examples of fair wear and tear (FW&T) include, but are not limited to, the following:

Equipment Fair Wear and Tear Standards

Safety Systems Any and all degradation/damage to safety systems.

Engine Components Any and all degradation/damage to all engine components including but not limited to serpentine belts, timing belts, suspension components, alternators, starters, and water pumps.

Undercarriage / Exhaust system Any and all damage/degradation to the undercarriage to include oil pans, mufflers and other components of the undercarriage and exhaust system.

Wheel / Tire / Tire Pressure Monitoring System (TPMS)

Any and all damage/degradation to wheel, tire, and the TPMS.

NTV Exterior

Dents/Dings equal to or less than 152.4 millimeters, (6 inches) up to 10 dents/dings. ** (Applies to entirety of vehicle excluding bumpers) ** Includes any removal/repair due to the application of decals.

Due to the austere environment, scratches will be evaluated on a case by case basis. Generally, scratches are considered fair wear and tear.

Any and all bumper damage.

Any and all damage to Running boards.

Vehicle Interior

Seat rips/tears equal to or less than 25.4 millimeters, (1 inch) up to 10 rips/tears. 10 rips/tears is considered to be part of normal duties/operation of vehicle. Any seat rips/tears on seams.

Soiled interiors with scratches on plastic components.

Any and all damage/degradation to seatbelts.

Damaged/degraded/missing tool kit for changing spare tire.

Missing ash trays, cigarette lighters or any other removable component to

NTV.

Lights Any and all Light degradation/damage. Any light that has a burned-out bulb.

Brakes Any degradation to the brake system to include (but not limited to) brakes, pads, and rotors.

Windshield & Washing System Any and all Windshield degradation/damage to the windshield, windshield wipers, and/or washing system.

Defective Material Damage as a result of defective material.

2.2. ACRONYMS:

AOR Area Of Responsibility CENTCOM United States Central Command COR Contracting Officer Representative KO Contracting Officer OCONUS Outside the Contiguous United States PO Purchase Order POC Point of Contact SOW Statement of Work TAM U.S. Army Corps of Engineers Middle East District

USACE U.S. Army Corps of Engineers USG U.S. Government

PART 3 – US GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. US Government Furnished Items and Services: Not Applicable

PART 4 – PURCHASE ORDER FURNISHED ITEMS AND SERVICES

4. Technical Requirements: The Contractor shall provide all labor, material, equipment, and supplies to successfully provide vehicles, as described in this SOW, upon receipt of a duly executed Contract. The Contractor shall act as the single point-of-contact (POC).

4.1 Contractor Points-of-Contact (POC): The Contractor shall provide the KO, within seven (7) days after award, a Contactor employee contact list with names, email addresses, and telephone numbers that shall be available during normal duty hours as stated in the PO. Normal duty hours shall be 0800 to 1630 hours, Sunday through Thursday.

The Contractor shall also provide the KO with emergency POC information for after normal duty hour emergencies.

The listing shall be updated as changes occur and sent to the KO via email no later than the close of the business day when the update was made.

4.2 General Employee Qualifications: The Contractor shall employ persons with the ability to fluently speak, read, write, and understand English to interact with USG personnel.

4.3 Purchase Order Conformance Statement: The Contractor shall provide a signed Letter of Conformance per this contract. The letter shall affirm that vehicles provided are in conformance with all applicable local laws, permits, registration, license, insurance, and all contract terms and conditions.

PART 5 - SPECIFIC TASKS

5.1 Ground Transportation (Vehicles): The Contractor shall supply a fleet of safe and operational vehicles, as required, and incidental services to provide operational vehicles. Items required to keep a vehicle operational is defined as stickers, if required; registration; comprehensive insurance to the full requirements of local law;

licensing; inspections; and whatever effort is required to provide safe and operational vehicles. The Contractor shall demonstrate consistent rapid response (if required) and flexibility to provide the means of transport by the date(s) required in the awarded PO.

5.1.1 The Contractor-provided vehicles shall be invoiced on a monthly basis as indicated in the purchase order Contract Line-Item Numbers (CLINS).

5.1.2 The Contractor shall provide vehicles free of limitations or surcharges on mileage or usage.

5.2 Vehicle Types: The Contractor-provided fleet of vehicles shall be in new or in like new condition (less than 20,000 kilometers) Model year 2019 or newer at the time of acceptance. Vehicles shall have all windows tinted in accordance with local laws. The Contracting Officers Representative (COR) will check Contractor-provided vehicles for acceptability before the vehicle is accepted as proposed in the quote. The Contractor shall ensure the vehicle is available for its intended use in a safe and operational condition. Contractor will submit VIN numbers with solicitation package.

5.2.1 The Contractor shall provide a replacement vehicle that is similar to the vehicle being exchanged, during periods of service, maintenance, and/or repair. Replacement vehicle needs to be given within 3 hours of primary vehicle being turned over to the contractor.

Vehicle Maintenance - 30 days Preventive Maintenance. A typical PMI includes oil and filter changes, coolant and transmission fluid checks, battery/charging systems tests, checks of your vehicle's fuel system, exhaust system, electrical system, steering, suspension, brakes, mirrors, windows, wipers, speedometer, plugs and cables, emissions, tire wear, lights, seat belts, airbags, gear shifts, indicators, and air conditioning. Maintenance of official vehicle warranties.

Maintenance Responsibilities and Scheduling:

The Contractor shall provide All the Labors and the Mechanicals and Technical and Tools and Parts To provide a Schedule Maintenance according to schedule Time below on all the Vehicles which supplied and the schedule

Maintenance will Include But not limited:

a) All the Engine Parts and Engine Filters.

b) All the Coolant system as the radiators and Coolant water and coolant Joints

c) All the vehicles electrical system and Technology system.

d) The fuel Filters and Pumps

e) Tires and Brake Systems

f) External Vehicles Doors and Glasses and Body.

g) A/C System and Pipes and Gas

Scheduled Maintenance Plan:

a) Every 1,500 miles, perform above checks/inspections and replace air filter, inspect brake system, engine cooling system and hoses, wires and steering linkage.

b) Every 3,000 miles, perform above checks/inspections and inspect exhaust system, replace engine air filter, fuel filter and transmission fluid. Vehicles with over 6,000 miles that have never had a transmission flush should not have a transmission flush.

c) Every 4500 miles flush cooling system.

d) Every 6000 miles is the same as 3000-mile checkup.

e) Every 7000 miles is the same as the 4500 miles checkup.

f) Every 9000 miles is the same as the 3000 miles checkup.

g) Every 10000 miles inspect accessory belts, replace spark plugs and replace rear axles lubricant.

h) Every 10500 miles is the same as the 4000 miles checkup.

i) Every 12000 miles is the same as the 3000 miles checkup.

Preventive Maintenance:

a) Provide replacement vehicles for repairs

b) Cleanliness – Properly maintained and free of loose articles.

c) Lights and reflectors – High/low beams, taillights, turn signals, 4-way hazard flashers, marker lights, license plate light and reflectors should be cleaned as needed.

d) Brakes – Both foot and emergency brakes should be capable of effectively stopping or restraining the vehicle. Brake pedal should be firm after 1–2-inch free play on a single down stroke. No noises, vibration or steering changes should result from applying the brakes while moving.

e) Horn – Gives an adequate and reliable warning signal.

f) Windshield, washer, wipers and defroster – Surfaces must be clean and unobstructed, inside and outside. Washer reservoirs are to be filled as needed.

g) Mirrors – All rear vision mirrors must be clean, properly adjusted and unobstructed. Outside mirrors must be mounted on both sides.

h) Tires – Must be of adequate load capacity when vehicle is fully loaded. Tires shall be inflated to recommended pressures and compatible with each set

i) Tire wear surfaces and sidewalls shall be inspected for debris, damage, and wear.

j) Speedometer – Shall be operational and accurately record speed.

k) Seat Belts – If the vehicle has seat belts, they must be in good operating condition and used by all passengers and drivers. Wheelchair passenger restraints and securement systems shall be fully operational.

l) Doors – Capable of being opened, shut, and locked as required.

m) Fluids – All fluid levels must be checked each time the vehicle is fueled and maintained at the manufacturers recommended operating levels. This includes engine coolant, oil, brake fluid, power steering fluid, transmission fluid and washer solvent.

n) Rotate tires, inspect tire wear and measure tread depth

o) Inspect wheels and related components for abnormal noise, wear, looseness, or drag

p) Inspect Wheel-Chair Lift if applicable

q) Perform Multi-Point Inspection (Recommended)

r) Inspect automatic transmission fluid levels (if equipped with dipstick); consult dealer for requirements

s) Inspect brake pads, shoes, rotors, drums, brake linings, hoses, and parking brake

t) Inspect engine* cooling system concentration and hoses

u) Inspect exhaust system and heat shields

v) Inspect front axle and U-joints; lubricate if equipped with grease fittings (4WD vehicles)

w) Inspect half-shaft boots (if equipped)

x) Inspect steering linkage, ball joints, suspension, tie-rod ends, driveshaft and U-joints; lubricate if equipped with grease fittings

y) ***Torque rear U-bolts (Transit Connect)

z) Inspect cabin air filters (if equipped)

Maintenance will Include continuation:

a) Change engine oil & filter

b) Rotate tires**, inspect tire wear and measure tread depth

c) Inspect wheels and related components for abnormal noise, wear, looseness, or drag

d) Inspect Wheel-Chair Lift if applicable

e) Perform Multi-Point Inspection (Recommended)

f) Inspect automatic transmission fluid levels (if equipped with dipstick); consult dealer for requirements

g) Inspect brake pads, shoes, rotors, drums, brake linings, hoses, and parking brake

h) Inspect engine* cooling system concentration and hose

i) Inspect exhaust system and heat shield

j) Inspect front axle and U-joints; lubricate if equipped with grease fittings (4WD vehicles)

k) Inspect half-shaft boots (if equipped)

l) Inspect steering linkage, ball joints, suspension, tierod ends, driveshaft and U-joints; lubricate if equipped with grease fittings

m) Torque rear U-bolts (Transit Connect)

n) Inspect cabin air filters (if equipped)

5.2.2 The Contractor-provided vehicles shall be of the following categories:

5.2.3 Mid-Size SUV: GSA class 105A. Equivalent examples include, but are not limited to: Chevrolet Trailblazer, GMC Acadia, Jeep Grand Cherokee, Chevrolet Traverse, Ford Explorer, Toyota Land Cruiser Prado, Mitsubishi Montero Sport, Dodge Durango, Honda Pilot, Toyota Fortuner, Nissan Xterra, and Nissan Pathfinder. Vehicles shall have seating for at least five passengers, an automatic transmission, an AM/FM stereo, and two keys and/or fobs that can unlock all four doors and the back hatch and allow ignition operation. The engine shall have at least 220 horsepower.

5.2.4 Full-Size SUV: Class 105B as specified by GSA. Equivalent examples include, but are not limited to: Toyota Land Cruiser, Nissan Patrol, Nissan Armada, Chevrolet Tahoe, GMC Yukon, Cadillac Escalade, and Ford Expedition. Vehicles shall have seating for at least seven passengers, an automatic transmission, an AM/FM stereo and two keys and/or fobs that can unlock all four doors and the back hatch and allow ignition operation. The engine shall have at least 300 horsepower.

5.2.5 Extended Full-Size SUV: Equivalent examples include, but are not limited to: Chevrolet Suburban, Chevrolet Tahoe, Ford Expedition Max, Yukon XL, Toyota Sequoia. Vehicles shall have seating for at least eight passengers, an automatic transmission, an AM/FM stereo and two keys and/or fobs that can unlock all four doors and the back hatch and allow ignition operation. The engine shall have at least 300 horsepower (see Part 1 of this document).

5.2.6 Full-Size Crew Cab Pickup 4X4: Class 55 as specified by GSA. Equivalent examples include, but are not limited to: Ram 1500, Chevrolet Silverado 1500, GMC Sierra 1500, Ford F-150, and Toyota Tundra. Vehicles shall have an automatic transmission, cargo bed, back-up camera, large rear cab, seating for at least five passengers, AM/FM stereo, and two keys and/or fobs that can unlock all four doors and allow ignition operation. The engine shall have at least 250 horsepower. Rear seating area shall be the largest available for that model. Extended cab, quad cab, or club cab pickup trucks are not an acceptable substitute. Vehicles shall be equipped with four-wheel drive with a two-speed transfer case and a selectable or automatic low range transmission. At a minimum, the central transmission shall be lockable. Vehicles shall have a rugged suspension and the capability to drive over rough terrain not suitable for a regular sedan or SUV.

5.2.7 The Contractor-provided vehicles shall have the following additional characteristics:

• Off-road Michelin (or approved equal) steel belted radial tires (SUV and Truck only)

• Fully automatic transmission

• Heavy duty factory installed heating/cooling system

• Driver and passenger side view mirrors

• Seat belts

• Front driver and passenger air bags minimum

• Fire extinguisher

• Safety glass on all windows (Safety glass refers to the standard laminated glass safety features)

• Red Cross approved first aid kit

• Warning triangle

• Jumper cables

• Inflated standard spare tire

• 4-wheel anti-lock brakes

• Stereo with AM/FM radio

• Factory installed GPS and back up camera.

• Fuel type shall be readily available for the Kuwait Area

5.2.8 Traffic fines and other traffic violations are the responsibility of the government driver. The Contractor shall inform the COR of any violations involving its vehicles within 21 calendar days of the fine being received by the contractor in order for the USG and Contractor to reconcile these fines. Any fines not provided to the Government within 14 calendar days after receipt of the fines by the Contractor will be the responsibility of the contractor. All fines forwarded to the USG must be translated into English. The USG will coordinate settlement of any traffic fine notifications with government personnel.

5.2.9 The Contractor shall coordinate with the COR regarding delivery of all supplied vehicles. The contractor shall ensure that personnel responsible for collection of vehicles for maintenance and towing have access to Ali Al Salem Air Base, Camp Buehring, and Camp Arifjan. The Contractor shall deliver the vehicle early enough to be processed for acceptance and available on the date, time and location specified by the COR. The Contractor shall coordinate date, time and location of vehicle returns with the COR. The Contractor shall deliver vehicles that are clean both exterior and interior and free of rust, soil, dirt, and damage.

Final delivery will be within 15 Kilometers of the Camp Arifjan, Kuwait and delivery is required 24-48 hours after receipt of the award.

5.2.10 The Contractor shall replace all vehicles within the supply fleet that reach 80,000 kilometers (or less at Contractor’s discretion) with a similar vehicle at the contracted amount. Vehicles, including all engine parts, interior parts, and exterior parts, shall be in good working condition when delivered and during use by the US government personnel. The Contractor is responsible for replacing broken windshields and flat tires regardless of fault at no additional cost to the Government. Tires shall be new and/or at least 90% of tread life remaining and tire replacement shall be in accordance with the manufacturer’s recommended mileage and per operating conditions in Kuwait.

5.2.11 The Contractor and the COR or other designated government representative shall perform a joint inspection prior to accepting a vehicle from the Contractor and prior to the Contractor accepting the vehicle from the Government. Any damage shall be documented by photographs and in writing and shall include the date of the inspection and signatures of the individuals performing the inspection. The report shall be submitted to the COR and KO within 10 calendar days after the inspection. The COR shall maintain records of contractor-provided vehicles to the Government to include the vehicle identification number. Vehicles that are replaced and/or loaned to the U.S. Government for any reason will be recorded on the vehicle report. The COR shall provide the Contractor a copy of the vehicle report on a monthly basis.

5.2.12 The Contractor shall provide vehicle breakdown/recovery service 24 hours a day 7 days a week throughout Kuwait, when vehicle is determined to be in an inoperable status, as part of the monthly price per vehicle.

5.2.13 The Contractor shall coordinate directly with the COR to resolve complaints and disputes that occur with contractor-provided vehicles.