A21_RFP-W90VN19R0053.pdf

SEE ADDENDUM

(No Collect Calls)

W90VN919R0053 01-Aug-2019

b. TELEPHONE NUMBER

315-763-5698

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 12 Aug 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W90VN99. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MS. CHONG, HYE-YONG

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011364882

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

411TH CONTRACTING SUPPORT BRIGADE, KOREA

RCO DAEGU, UNIT #15682

APO AP 96218-5682

UNITED STATES

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE WT4KB6 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

DPW, USAG DAEGU

NO, CHIN SUK

ACCT OFFICE, UNIT #15746

APO AP 96218-5746

UNITED STATES

TEL: 764-5277 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$7,500,000

NAICS:

811310

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF57

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W90VN919R0053

Section SF 1449 - CONTINUATION SHEET

SOW

SALIENT CHARACTERISTICS

1. GENERAL: The contractor shall provide all accessories necessary to perform service of procuring, and delivering a Bucket Truck 1 Ton not later than three (3) months after the contract award. It should be delivered to

Bldg #706 at Camp Henry (USAG Daegu DPW). The contractor shall provide all personnel, equipment, supplies, materials, tools, supervision and licenses/permits as required: for absolute completion of subject project in this solicitation/contract as well as in accordance with applicable laws and regulations as stipulated in documents listed in this contract.

2. SPECIFIC OF AERIAL PLAT FORM TRUCK: Having the following salient characteristics.

ALL SPECIFICATION FIGURES ARE IN MIN/MAX SIZES

Manufacturer (Brand Name or Equal) DONGHAE Machinery & Aviation Co., Ltd.

Model No. DHS-190SKY (Current Domestic Model)

Dimension (L x W x H) (+/-3%) 3,811 (mm) x 1,826 (mm) x 1,994 (mm)

Permissible Vehicle for Mounting At minimum1 ton MT (manual transmission) truck

Maximum Work Height 15.3m-18m from ground to bucket top

Maximum Side Reach 7.5m (including 200kg load, until end of bucket)

Boom Operate method Hydraulic cylinder

Operate structure Articulated of 1st boom, Telescopic Boom of 2nd, 3rd,4th, 5th

Material High Tensile Steel

Slewing device Hydraulic motor

Slewing Angle At minimum 360 digress Continuous rotation

Slewing speed Less than 1.4m/sec

Boom Extension speed Less than 0.8/sec

Retraction speed Less than 0.8/sec

Raising speed Less than 0.8m/sec

Lowering speed Less than 0.8m/sec

Control method Proportional control wire/wireless transmitter

Power Source PTO with engine operate

Bucket Material At minimum 2 person , protect from electric shock (insulated bucket)

Slewing Angle At minimum 360 degrees Continuous rotation by electric cylinder

Leveling Auto horizontality by hydraulic cylinder

Load Capacity At minimum 200 kg (including operator)

Occupancy At minimum 2 Person : 200 kg (including operator)

Sub front outrigger

Type X-type

Max span Non-applicable

Front outrigger Type Stowed, Auto horizontally & vertically extension type

Max span 3.8 m

Rear outrigger Type Stowed, Auto horizontally & vertically extension type

Max span 3.8 m

Hydraulic Oil Reservoir Capacity New RANDO HD CZ #46/#15 (Winter) 36 (L)

Safety Device Bucket sage angle sensor, Overload sensor, chassis horizontality sensor, Emergency stop device, Warning & Alarm device, Outrigger stabilization sensor, Interlock sensor, Bucket load sensor, emergency power pack, Bucket-boom interference prevention system in minus angle, Boom auto stowing system, Wireless remote control

Vehicle General Specification

1 ton truck (2 Passengers)

Engine A2 2.5 Diesel or equal

Transmission 6 manual Transmission

Fuel Tank 65 (L)

Safety Device ESC(Electronic Stability Control)

ABS (Anti-lock brake system)/Included slope protection system

ESS (Emergency Stop System)

Drivers’ Seat Airbag System

Heated Steering Wheel

Auto-Fold outside mirror

Rear assist parking system

PTO (Public Telecommunications Operator)

Hard Suspension

3. MANUFACTURER’S CERTIFICATION:

3.1. The Aerial Platform Truck shall be permitted by Korea Safety and Health Corporation (한국 안전 보건 공단).

The Certificate of a sub-contractor cannot be substituted for the Manufacturer’s certificate. The contractor shall submit the Certificate for the proposed item.

3.2. The contractor shall provide the “Vehicle Manufacture Certificate” specifying USFK as the vehicles owner, at the time of delivery. This will be a special condition of the Government acceptance.

4. MANUALS IN BOTH ENGLISH AND HANGUL: The contractor shall provide Service Manual, Parts

Manual, Electrical Schematic and Sub-assembly Manuals to the Government.

5. ATTACHMENT: The contractor shall provide Tool Box and Fire Extinguisher for the proposed item.

6. TRAINING: The contractor shall be responsible for providing training on how to operate this equipment and conduct minor, organization level repair. This shall be a one-time training event for two functional levels, maintenance and operators. The intended audience shall be approximately 10-15 employees per class. Training schedule shall be determined post-award directly with the point of contact (POC) listed on the contract.

7. WARRANTY: The fully assembled vehicle shall include at least one (1) year full warranty. The warranty covers all defects in materials and function including, but not limited, to full repair with labor, or replacement of the defective materials or vehicle at no charge to the U.S. Government. The warranty also covers routine maintenance and services required at intervals in accordance with contractor provided technical manual to be scheduled with the

POC at the time of delivery. The warranty does not cover defects resulting from conditions beyond the contractor’s control including, but not limited to, misuse of the product(s) not in accordance with written instructions or guidelines provided by the contractor. In addition, the warranty does not cover defects caused by normal wear and tear, scratches, accidents caused by other than contractor personnel, other than contractor modifications, or any types of unauthorized repair.

8. All work shall be completed within three (3) months of the award of this contract.

8. DELIVERY DATE and LOCATION:

8.1 Delivery shall be made not later than three (3) months after receipt of the contract. The contractor shall submit the delivery schedule upon receipt of contract.

8.2 Items shall be delivered to USAG Daegu DPW, Bldg #706 Camp Walker and POC is Mr. David, Popovich Tel.

(0503) 363-5321 or Email david.l.popovich.civ@mail.mil or Billy. Robinson Tel (0503) 363-5520 or Email billy.r.robinson6.civ@mail.mil.

mailto:david.l.popovich.civ@mail.mil mailto:billy.r.robinson6.civ@mail.mil

ADDENDUM TO FAR 52.212-1

Addendum to FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (Jan 2017)

I. INSTRUCTIONS FOR QUOTATION SUBMISSION

For a quotation to be acceptable, an offeror must submit quote to FedBizOpps (https://www.fbo.gov/) no later than the solicitation closing date and time.

Confirmation of submittal requirement prior to the RFP closing date and time is offeror’s responsibility.

Failure to submit as required shall be grounds for determining the offer technically unacceptable, and ineligible for contract award. The government reserves the right to make a contract award determination without any discussions with offerors.

Award will be made to the responsible offeror submitting the lowest priced, technically acceptable (LPTA) offer that satisfies all terms and conditions of this solicitation and who is determined to be responsible in accordance with

FAR 9.104-1.

II. SUBMITTAL REQUIREMENTS

1(a) Technical Capability: Technical evaluation factors are equal to price. Offerors who fail to submit all of the specified information will not be considered for award.

(i) Sub-factor A – Specification for the proposed items (Brand Name or Equal). The contractor shall submit the detailed specification for the proposed items along with the quotation, even if the quoter proposed the same item.

The item must meet the salient characteristics by stating the description/specification of each listed item including manufacturer name and model/part number. Quoters who fail to submit all of the specified information will not be considered for award. Note: Copy and paste of salient characteristics of RFP for each item in the quotation is not acceptable and will not be considered for award.

(ii) Sub-factor B – Warranty: The Contractor shall provide at minimum one (1) year warranty from the day of receipt as specified on SOW, paragraph 7. The warranty shall cover defects in materials by repairing or replacing a defective product without charge for replacement or labor. The Contractor shall include the warranty information for the proposed items. Offers that do not include this information will be deemed technically unacceptable.

(iii) Sub-factor C – Certifications: The Contractor shall provide a valid current certificates (both Korean and

English) as required on SOW, paragraph 3.1 and 3.2.

(iv) The Government reserves the right to obtain past performance information from any reasonable source available, including Contractor Past Performance (PPIRS), https://www.ppirs.gove

(1)(b) Price: The offeror shall provide a price proposal for this requirement that is reflective of the level of work effort detailed in the specification. The proposal shall be detailed and incorporate all costs associated with this procurement. Proposed prices will be evaluated in accordance with FAR 13.106-3.

2. Addendum to local clause 5152.204-4032, FAR 52.212-1 and 2: The terms “Quotation” and “Quoter” shall be substituted for “Offer” and “Offeror.”

3. All offeror(s) shall provide the price proposal in Korea Won (KW).

https://www.fbo.gov/ https://www.ppirs.gove/

4. All items are Brand Name or Equal (FAR 52.211-6).

5. Delivery Lead Time: Quotation(s) shall specify delivery date and shall meet the delivery terms of the RFP.

6. Partial quotation is not acceptable. Award will be on an all or none basis.

7. Addendum to local clause 5152.204-4032, FAR 52.212-1 and 2: The terms “Quotation” and “Quoter” shall be substituted for “Offer” and “Offeror.”

8. Failure to submit the above requirements may indicate the offeror fails to understand the requirement, and may be grounds for determining the proposal to be technically unacceptable and ineligible for contract award.

BASIS OF AWARD

(a) The Government will award a contract resulting from this solicitation to the responsible offeror having submitted the lowest-priced, technically acceptable proposal that satisfies all terms and conditions of this solicitation. The following factors shall be used to evaluate proposals:

►Factor A. Technical Capability (FAR 52.211-6, Brand Name or Equal): Government will evaluate the offeror’s proposal against Government’s minimum requirements as specified on the solicitation to determine whether the proposal is acceptable or unacceptable using the ratings and descriptions outlined in table below.

Technical Acceptable/Unacceptable Ratings

Rating Description

Acceptable Proposal meets the minimum requirements of the solicitation.

Unacceptable Proposal does not meet the minimum requirements of the solicitation.

►Factor B. Price Pricing shall be evaluated for reasonableness in accordance with any of the procedures identified in FAR 15.404.

Note 1: To be determined responsible, a prospective contractor must meet FAR 9.104-1 General standards.

Note 2: To be determined technically acceptable, the submitted specification must meet salient characteristics stated in each line item of this RFP.

Note 3: Award will be based on all or none basis.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer, whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award than minor clarifications) unless discussions are later determined to be necessary.

(End of provision FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (Jan 2017)

SPECIAL NOTE

1. All sources may submit a proposal or quote as applicable. However, the Republic of Korea (ROK)-United

States (U.S.) Status of Forces Agreement (SOFA), precludes the U.S. Government from granting Invited

Contractor or Technical Representative status to any offeror, for this requirement. All sources submitting a proposal or quote, as applicable, including U.S. sources, must already have, or obtain the requisite business licenses directly from the ROK Government, and conduct business in accordance with all applicable ROK laws, including but not limited to, rules and policies regarding labor, taxation, and immigration. Any contractor not already doing business in Korea as a local source, must submit adequate verification in its initial proposal or quote, that it has the requisite authorization and capacity to compete for the requirement as a local source, and to perform the contract as a local source. If an initial proposal does not fully demonstrate this authorization and capacity, it will not be further considered for award. Whether an offeror qualifies as a local source shall be determined by the Contracting Officer.

2. LOCAL CONTRACTORS:

The proposed acquisition will be limited to local contractors. All required material, labor, transportation, and facilities and these supply items are available locally. There is nothing inherently difficult about the project that requires the presence of invited contractors.

3. The Price Proposal should be Korea Won (₩).

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Aerial Platform Truck 1.2 Ton

FFP

BRAND NAME OR EQUAL to Manufacture: Donghae Machinery & Aviation

Co, Model: DHS-190SKY at Maximum 18.2 Meter OR equivalent. The

Contractor shall provide all necessary resources for this requirement in accordance with the salient characteristics (Statement of Work) and terms and conditions of this contract contained herein. In addition, the Contractor shall be responsible for providing training on how to operate all equipment and conduct minor, organization level repair.

*The price of CLIN #0001 shall include delivery/handling charge.

*At minimum one (1) year warranty required.

*If vendor is proving an "or equal" product they shall provide manufacture specifications. Failure to provide specifications shall deem the vendor as non-responsive.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011364882

PSC CD: 3930

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 90 dys. ADC 1 DPW, USAG DAEGU

NO, CHIN SUK

ACCT OFFICE, UNIT #15746

APO AP 96218-5746

UNITED STATES

764-5277

FOB: Destination

WT4KB6

CLAUSES INCORPORATED BY REFERENCE

52.203-2 Certificate Of Independent Price Determination APR 1985

52.204-7 System for Award Management OCT 2018

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.211-6 Brand Name or Equal AUG 1999

52.212-1 Instructions to Offerors--Commercial Items OCT 2018

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.247-34 F.O.B. Destination NOV 1991

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.213-7000 Notice to Prospective Suppliers on Use of Supplier

Performance Risk System in Past Performance Evaluations

MAR 2018

252.225-7041 Correspondence in English JUN 1997

252.225-7993 (Dev) Prohibition on Providing Funds to the Enemy (Deviation

2015-O0016)

SEP 2015

252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997

252.232-7008 Assignment of Claims (Overseas) JUN 1997

252.233-7001 Choice of Law (Overseas) JUN 1997

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or

State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent

Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.212-2 EVALUATION—COMMERCIAL ITEMS (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

See Addendum to FAR Clause 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

ADDENDUM TO FAR Clauses 52.212-2

EVALUATION – COMMERCIAL ITEMS (Oct 2014)

In accordance with FAR 15.101-2, the Government will award a contract resulting from this solicitation to the responsible offeror submitting the lowest priced, technically acceptable offer that satisfies all terms and conditions of this solicitation.

Award will be made to the responsible Offeror submitting the Lowest Priced, Technically Acceptable (LPTA) offer that satisfies all terms and condition of the solicitation. Offers will be evaluated for acceptability, but not ranked using non-price factors/subfactors. All non-price factors and subfactors will be rated as either “acceptable”or

“unacceptable”. In order to be considered for award, there must be an “acceptable” rating in every non-price factor/subfactor. In other words, a rating of “unacceptable” for any factor or subfactor will result in the entire offer being rated “unacceptable”.

The following ratings will be used in evaluating all non-price technical factors and subfactors.

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

In order to be considered for award, there must be an “acceptable” rating in every non-price factor/subfactor. In other words, a rating of “unacceptable” for any factor or subfactor will result in the entire offer being rated

“unacceptable”.

(a) Technical Evaluation Factors: Technical capability evaluation factor(s) are equal to price.

(i) Sub-factor A – Specification for the proposed item. The contractor shall submit the detailed specification for the proposed items along with the quotation, even if the quoter proposed the same item. The item must meet the salient characteristics by stating the description/specification of each listed item including manufacturer name and model/part number. Quoters who fail to submit all of the specified information will not be considered for award.

Note: Copy and paste of salient characteristics of RFP for each item in the quotation is not acceptable and will not be considered for award.

(ii) Sub-factor B – Warranty: The Contractor shall provide at minimum one (1) year warranty from the day of receipt as specified on SOW, paragraph 7. The warranty shall cover defects in materials by repairing or replacing a defective product without charge for replacement or labor. The Contractor shall include the warranty information for the proposed items. Offers that do not include this information will be deemed technically unacceptable.

(iii) Sub-factor C – Certifications: The Contractor shall provide a valid current certificates (both Korean and

English) as required on SOW, paragraph 3.1 and 3.2.

Note 1: To be determined responsible, a prospective contractor must meet FAR 9.104-1 General standards.

Note 2: To be determined technically acceptable, the submitted specification must meet salient characteristics stated in the SOW of this solicitation.

Factor D – Price: Proposed price will be reviewed to determine if the estimate is adequate, complete, and reasonable to assess the offeror's understanding of the solicitation. Price proposal will be evaluated in accordance with FAR 15.404-1(b).

(End of ADDENDUM to FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (Oct 2014)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.

(a) Definitions. As used in this provision--

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

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(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act

(50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least

51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and

Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the

United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

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(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each

WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana

Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri

Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal

Opportunity clause of this solicitation; and

(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts

60-1 and 60-2), or

(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB

Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy

American – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of

“domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR

52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,”

“component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,”

“Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than

Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian

End Products) or…