W90VN919R0070.pdf

SEE ADDENDUM

(No Collect Calls)

W90VN919R0070 19-Aug-2019

b. TELEPHONE NUMBER

315-763-5693

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 02 Sep 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 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. KWON, CHONG-HYON

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

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

HQCWHB92182465

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 HQCWHB 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

DEFENSE COMMISSARY AGENCY

UNIT 15494, BLDG S357

TAEGU AB

APO AP 96218

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$7,500,000

NAICS:

811198

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 OF58

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.

W90VN919R0070

Section SF 1449 - CONTINUATION SHEET

NOTICE TO OFFEROR

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, must submit adequate verification in its initial proposal or quote, that it has the requisite business licenses directly from ROK Government to perform the contract and the capacity to conduct business in accordance with all applicable ROK law, including but not limited to, rules and policies regarding labor, taxation, and immigration. If an initial proposal does not fully demonstrate this authorization and capacity, it will not be further considered for award. Whether an offeror demonstrates this authorization and capacity shall be determined by the Contracting Officer.

Proposed price shall be provided by local currency (Korean Won).

NOTE:

Award will be made to the responsible offeror(s) submitting the lowest priced, technically acceptable (LPTA) offer(s) that satisfies all terms and conditions of this solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Preventive Maintenance

FFP

Preventive Maintenance (PM) & On-Call Repair Service for Autodoors, Baler, General and Material Handling Eequipments (MHE) in Daegu Commissary IAW Paragraph 3 of PWS.

FOB: Destination

PURCHASE REQUEST NUMBER: HQCWHB92182465

PSC CD: J035

NET AMT

Estimated Cost for War Hazard

FFP

is Zero (0).

0003 1 Job Accounting for Services

FFP

(CMR requirement) must be reported by 30 October of each calendar year during the life of the contract.

FOB: Destination

1001 12 Months OPTION Preventive Maintenance

FFP

Preventive Maintenance (PM) & On-Call Repair Service for Autodoors, Baler, General and Material Handling Eequipments (MHE) in Daegu Commissary IAW Paragraph 3 of PWS.

OPTION Estimated Cost for War Hazard

1003 1 Job OPTION Accounting for Services

FFP

(CMR requirement) must be reported by 30 October of each calendar year during

2001 12 Months OPTION Preventive Maintenance

FFP

Preventive Maintenance (PM) & On-Call Repair Service for Autodoors, Baler, General and Material Handling Eequipments (MHE) in Daegu Commissary IAW Paragraph 3 of PWS.

OPTION Estimated Cost for War Hazard

2003 1 Job OPTION Accounting for Services

FFP

(CMR requirement) must be reported by 30 October of each calendar year during

3001 12 Months OPTION Preventive Maintenance

FFP

Preventive Maintenance (PM) & On-Call Repair Service for Autodoors, Baler, General and Material Handling Eequipments (MHE) in Daegu Commissary IAW Paragraph 3 of PWS.

OPTION Estimated Cost for War Hazard

3003 1 Job OPTION Accounting for Services

FFP

(CMR requirement) must be reported by 30 October of each calendar year during

4001 12 Months OPTION Preventive Maintenance

FFP

Preventive Maintenance (PM) & On-Call Repair Service for Autodoors, Baler, General and Material Handling Eequipments (MHE) in Daegu Commissary IAW Paragraph 3 of PWS.

OPTION Estimated Cost for War Hazard

4003 1 Job OPTION Accounting for Services

FFP

(CMR requirement) must be reported by 30 October of each calendar year during

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 16-SEP-2019 TO

15-SEP-2020

N/A DEFENSE COMMISSARY AGENCY

UNIT 15494, BLDG S357

TAEGU AB

APO AP 96218

HQCWHB

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

1001 POP 16-SEP-2020 TO

15-SEP-2021

N/A DEFENSE COMMISSARY AGENCY

UNIT 15494, BLDG S357

TAEGU AB

APO AP 96218

1002 N/A N/A N/A N/A

1003 N/A N/A N/A N/A

2001 POP 16-SEP-2021 TO

15-SEP-2022

N/A DEFENSE COMMISSARY AGENCY

UNIT 15494, BLDG S357

TAEGU AB

APO AP 96218

2002 N/A N/A N/A N/A

2003 N/A N/A N/A N/A

3001 POP 16-SEP-2022 TO

15-SEP-2023

N/A DEFENSE COMMISSARY AGENCY

UNIT 15494, BLDG S357

TAEGU AB

APO AP 96218

3002 N/A N/A N/A N/A

3003 N/A N/A N/A N/A

4001 POP 16-SEP-2023 TO

15-SEP-2024

N/A DEFENSE COMMISSARY AGENCY

UNIT 15494, BLDG S357

TAEGU AB

APO AP 96218

4002 N/A N/A N/A N/A

4003 N/A N/A N/A N/A

PERFORMANCE WORK STATEMENT (PWS)

FOR

AUTODOORS, BALER, GENERATER AND MATERIAL HANDLING EQUIPMENTS (MHE)

1. SCOPE: This purchase description covers the requirements for the preventive Maintenance and on-call repair of Commissary equipment listed in Paragraph 8. The contract performance period will be base year period 16 Sep 2019 through 15 Sep 2020 and additional FOUR (4) year option period.

Period of Performance

Base Period 16 Sep 2019 - 15 Sep 2020 1st Opt Period 16 Sep 2020 - 15 Sep 2021 2nd Opt Period 16 Sep 2021 - 15 Sep 2022

3rd Opt Period 16 Sep 2022 - 15 Sep 2023 4th Opt Period 16 Sep 2023 - 15 Sep 2024

2. REQUIREMENTS:

2.1. General: The contractor shall provide all necessary skilled personnel, supervision, equipment, tools, replacement parts, materials and transportation, and shall perform the preventive maintenance and on-call repair of Equipment list is in paragraph 8 in accordance with this PWS. The Contractor shall maintain the equipment in an “as is” condition.

2.2 Contractor’s Personnel Qualification: The Contractor’s personnel shall obtain the following valid business licenses granted by the Government of Republic of Korea (ROK).

a. Contractor Personnel’s Licenses: Electronics License (전자기능사 자격증) and Vehicle Machine

Maintenance Technician Licenses (자동차기관정비기능사 자격증) issued by ROK Government.

b. All technical personnel shall have a minimum of five (5) year working experience with these equipment’s maintenance listed in paragraph 8 of performance work statement or similar type of service required by this contract.

3. PREVENTATIVE MAINTENANCE (PM) AND ON-CALL REPAIR SERVICES: The Contractor shall provide PM include repair services correcting deficiencies identified during PM.

3.1 Check all components for proper functioning including the performance of regular and systematic examination, tests, adjustments, repair, replacement, lubricant, and related cleaning.

3.2 Replace all unserviceable parts with new parts of identical quality. All unserviceable parts, checking, adjusting, repairing and cleaning of the equipment and restoring shall be replaced to operational working condition.

3.3 Replacement Parts: The Contractor shall perform repair and replacement service for major and minor parts of these equipment. The contractor shall furnish all consumable materials, repair parts and components incidentally occurred when PM and on-call service accomplished. Replacement of parts shall be of same design, materials, type, composition, and have at least equal physical and electrical performance and operating characteristics as those originally provided with the machine by the manufacturer. All material, parts and labor will be provided at no additional cost of the Government. The estimated repair parts/components based on historical data is listed below.

*Estimated Yearly Parts List

No. Description Qty Unit Equipments

1 Roller 4 Ea Auto Slide Doors

2 Belt 1 Ea Auto Slide Doors

3 Wheel 2 Ea Auto Slide Doors

4 Mount 1 Ea Roll Up Door

5 Hoist 1 Ea Roll Up Door

6 Chain 1 Ea Roll Up Door

7 Panel 1 Lot Roll Up Door

8 Hydraulic Oil 1 Lot Dock Leveler

9 Limit Switch 1 Ea Dock Leveler

10 Side Seal 2 Ea Dock Leveler

11 Emergency Switch 1 Ea Baler Cardboard

12 Limit Switch 2 Ea Baler Cardboard

13 Hydraulic Oil 1 Lot Baler Cardboard

14 Battery 2 Ea Shopping Cart Handicapped

15 Handle Switch 1 Ea Shopping Cart Handicapped

16 Battery 1 Ea Generator

17 Engine Oil, Filter 1 Lot Generator

18 Antifreeze, Air Filter 1 Lot Generator

19 Tire 2 Ea Forklift Gas

20 Brake Linings 1 Ea Forklift Gas

21 Engine Oil, Filter 1 Lot Forklift Gas

22 Antifreeze, Air Filter 1 Lot Forklift Gas

23 Caster Wheel 1 Ea TRUCK, PALLET, ELECTR

24 Charging Connector 2 Ea TRUCK, PALLET, ELECTR

25 Seal 1 Ea TRUCK, PALLET, ELECTR

26 Vacuum Hose 1 Ea SWEEPER/SCRUBBER BATT

27 Scrub Brush 3 Ea SWEEPER/SCRUBBER BATT

28 Inner, Outer Squeegee 1 Set SWEEPER/SCRUBBER BATT

29 Lift Actuator 1 Ea SWEEPER/SCRUBBER BATT

30 VAC Fan Motor 1 Ea SWEEPER/SCRUBBER BATT

31 Solenoid Switch 2 Ea SWEEPER/SCRUBBER BATT

32 Scrub Brush 1 Ea SCRUBBING MACHINE WIT

33 Air Filter 1 Ea SCRUBBING MACHINE WIT

34 Battery 1 Set SCISSOR LIFT

35 Power switch 1 Ea SCISSOR LIFT

36 PROPANE 24 20Kg PROPANE 20kg X 2/MO

3.4 Inspect the equipment such as available load testing, safety inspection and stencil (ex "NEXT INSP DUE TO JAN 2020”) on each MHE to ensure perfect working condition at all times.

3.5 Performance Schedule: The contractor shall submit a monthly maintenance schedule to the Contracting Officer’s Representative (COR) at the post award conference. Contractor’s performance shall be made from Monday to Sunday, 0700-1800, excluding U.S. and ROK Holidays. However, the Contractor is required to perform unscheduled on-call repair services on ROK Legal Holidays.

3.6 On-Call Repair Services: Emergency on-call repair services shall perform the following schedule of receiving the call. Emergency calls may be done verbally at first by the COR, but will be provided in writing by 1000 hours of the next business day.

(1) Availability of On-Call Point-of-Contact: The Contractor must have an On-Call Point-of-Contact available to receive request for on-call repair services everyday between the hours of 0600-1800.

(2) Response Times: The Contractor must respond to requests for on-call repair services and have a repair technician on site within Two (2) hours.

(3) Repair Times: Repair completion time is calculated from the time the repair technician arrives on site.

Repairs shall be completed within Four (4) hours.

Contractor shall notify the Store Director/COR immediately if repairs cannot be completed within the required repair completion time.

(4) Temporary Equipment: The Contractor shall have the capability to supply temporary replacement equipment to the Government when equipment being maintained by the contractor will be inoperable over ten (10) days.

3.7 Minor Repair Parts Replacement: The Contractor shall perform minor repair and replacement service for these equipment. The Contractor shall be responsible to furnish all minor parts when placing on-call repair service calls.

3.8 Contractor Purchased Material: The Contractor shall procure all repair parts and supplies for any unscheduled maintenance. Any single repair part will be purchased by contractor and the COR will verify a validation of technical acceptability on the contractor purchased material. The contractor shall record and maintain the manufacturer’s product warranty.

3.9 The Contractor shall furnish a list to be repaired items to the COR before contract start date and as changes occur, a point of contact (POC) to receive work control documents. The Contractor shall provide a local telephone number where the Contractor can be notified or contacted in case of emergency. Answering services and recordings are not sufficient for this purpose.

3.10 Unrepaired Machine: If the repair cannot be effected at the site or within eight (8) hours after initiating repairs, the contractor shall immediately notify the COR for resolution of the problem whether or not the equipment is required to be disposed, further dismantled or replaced.

4. ACCEPTANCE REPORT: The contractor shall prepare the report for the Government acceptance. The Contractor shall sign the report and obtain the signature of the COR.

4.1 Receiving report shall be prepared in WAWF.

5. PERFORMANCE REQUIREMENTS SUMMARY: This table specifies the standard for satisfactory performance of the tasks specified in this performance work statement. The contractor shall perform the tasks in accordance with manufacturer’s service manuals.

Performance Requirements Summary (PRS) Requirements Para

Number

Standard Acceptable

Quality Level

(AQL)

Method of

Surveillance

Remedy

Provide Monthly Preventive Maintenance Service

3 Monthly Preventive Maintenance:

Main all equipment in operational: Inspection, testing, cleaning, lubrication, adjusting, alignment, repair, operational checkout, and other services in accordance with manufacturer’s maintenance manuals.

98% Compliance

Observation and random inspection whether machines in good operation.

Contractor shall re-perform for nonconforming maintenance without additional cost within three (3) days.

Provide On- Call Repair Services.

4 & 5 Provide On-Call Repair Services: This includes active response times to On-Call services. The COR will track and validate the performance through the Service Reports and On-Call tickets.

98% Compliance

Observation and random inspection mechanic on site within 2 hours.

Contractor shall re-perform for nonconforming maintenance without additional cost within 2 hours.

6. QUALITY CONTROL PROVISIONS:

6.1 Quality Control (QC): Quality control is the responsibility of the Contractor. The Contractor shall establish and implement to ensure that the requirements outlined in the PWS are met.

6.2 Quality Control Plan (QCP): The QCP shall be used throughout the life of this contract and shall be updated by the Contractor when changes occur that impact the QCP.

6.3 Quality Inspection Standards: The Contractor shall perform at minimum monthly inspections IAW Contractor’s QCP to ensure that services conform to the terms and conditions of this contract.

7. QUALITY ASSURANCE:

7.1 The COR will evaluate the Contractor's performance IAW the Quality Assurance Surveillance Plan (QASP) for those tasks listed in the PRS.

7.2 The COR will conduct random quality assurance inspections.

7.3 The COR will validate the service(s) to determine if the Contractor has performed all required services at a satisfactory level.

8. SCHEDULE OF ITEMS:

NO DESCRIPTION MFR NAME MDL NO. QTY MFR YR

1 AUTO SLIDE DOORS HORTON SER2310 TYPE310 5EA 1997

2 ROLL-UP DOORS ATLAS AHO-500-2310-6-96 6EA 1997

3 DOCK LEVELER HYDROLIC N/A 4EA 1997

4 BALER CARDBOARD INTER TVB606D 1EA 1999

5 SHOPPINGCART

HANDICAPPED

MART CART 02002 2EA 2011

6 GENERATOR DMT N/A 1EA 1994

7 SCISSOR LIFT SKYJACK SJIII3220 2EA 2006

8 FORKLIFT GAS YALE GLT040 / GP040 2EA 2006

9 TRUCK ELEC

PALLETJACK

YALE MPE050-E / MPE60-

F

2EA 2011

10 SWEEPER/SCRUBBER

BATT

KLEENSWEEP 35W 1EA 2006

11 SCRUBBING MACHINE TENNANT HF2-V4-TN24-20 1EA 2015

9. ANTITERRORISM/OPERATIONS SECURITY:

9-1 AT Level I Training: All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR within 10 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website:

https://atlevel1.dtic.mil/at.

9-2 Access and General Protection/Security Policy and Procedures: Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

9-3 For Contracts that Require an OPSEC Standing Operating Procedure/Plan, The contractor shall develop an OPSEC Standing Operating Procedure (SOP)/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer, per AR 530-1, Operations Security. This SOP/Plan will include the government's critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator. The contractor will ensure this individual becomes OPSEC Level II certified per AR 530-1.

9-4 For Contracts that Require OPSEC Training, Per AR 530-1, Operations Security, new contractor employees must complete Level I OPSEC training within 30 calendar days of their reporting for duty. All contractor employees must complete annual OPSEC awareness training.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.237-3 Continuity Of Services JAN 1991 52.246-4 Inspection Of Services--Fixed Price AUG 1996

252.201-7000 Contracting Officer's Representative DEC 1991 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.225-7041 Correspondence in English JUN 1997 252.225-7042 Authorization to Perform APR 2003 252.228-7000 Reimbursement for War-Hazard Losses DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO THE OFFROR(S)

1. SUBMISSION REQUIRMENT:

Offerors are required to submit the following information requirements through Federal Business Opportunities (FBO) (https://www.fbo.gov) by 1300 hrs. Local Time on the closing date of RFP. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.

The Government intends to evaluate and make award without discussion with the offerors (other than minor clarifications), unless discussions are determined to be necessary. If discussions are determined to be necessary, then the Contracting Officer reserves the right to limit the competitive range for the purposes of efficiency.

I. TECHNICAL: Contractor’s Personnel’s Licenses:

Sub factor 1 -Contractor Personnel’s Licenses: Electronics License (전자기능사 자격증) and Vehicle Machine

Maintenance Technician Licenses (자동차 기관 정비 기능사 자격증) issued by ROK Government.

Resume must clearly identify in the following format:

• Position title held

• A clear description of qualifying work experience

• Length of work experience (year/month/date – year/month/date)

• Complete point of contract of employer (including e-mail and phone number) and validating POC

Sub factor 2 ‐ All technical personnel shall have a minimum of five (5) year working experience with these equipment’s maintenance listed in paragraph 9 of performance work statement or similar type of service required by this contract.

II. PAST PERFORMANCE: The offeror shall provide a list of contracts under which they have performed same or similar services relevant to this RFP’s requirement within the last five (5) years from the issuance date of this solicitation. This data on recent contracts will be used by the Contracting Officer to evaluate past performance. The offerors shall present past performance for themselves whose effort on this contract will significantly influence performance of the proposed effort. The following information shall be included as applicable:

• The title and number of the contract/project

• Description of qualifying work experience

• Length of contract/project (Year/Month/Date – Year/Month/Date)

• Value of contract/project in KW for total amount

• Complete point of contract of employer (including name, phone number, e-mail address) and validating

POC.

III. PRICE: The offeror shall provide complete CLIN identified for base period plus four (4) options. Any underlying assumption including proposed escalation rates between the 1st and subsequent periods shall be clearly explained. The offeror is required to submit labor categories and hourly rates. The offeror shall propose labor rates that are fully loaded (or burdened) and all-inclusive of wages, overhead, general and administrative expenses and profit. The offeror shall fully support the proposed labor rates by providing the details of the base labor rates, applied overhead and general and administrative expenses, and profit proposed. The offeror shall provide summary of proposed price. Proposed price will be reviewed to determine if the proposal is adequate, complete, and reasonable to assess the offeror understands of the solicitation.

IV. Complete Standard Form 1449 and Standard Form 30 (if any amendment is issued).

V. Local Clause 5152.204-4032, REPRESENTATIONS AND CERTIFICATIONS: The offeror shall provide a complete Local clause 5152.204-4032.

VI. FAR Clause 52.212-3, Alt I, OFFEROR REPRESENTATIONS AND CERTIFICATIONS-Commercial Items:

The offeror shall provide a complete FAR 52.212-3, Alt 1, (h) & (k).

NOTE: Questions will be addressed to the Contract Specialist at chonghyon.kwon.ln@mail.mil. All questions must be received no later than 1300hrs on 26 August 2019 (local time). Questions received after this date and time may not be answered.

2. PRE-AWARD SURVEY

A pre-award survey may be conducted on all firms, to include joint venture partners and subcontractors indicating firm commitments to this acquisition, submitting proposals. The pre-award survey is to determine the prospective contractor’s responsibility in accordance with FAR Part 9.104-1. Information may be requested as required by the Contracting Officer and the information shall be submitted within three working days of the request.

NOTE: The proposals are intended to be evaluated, and award made, without discussions with the offerors (other than minor clarifications) unless discussions are later determined to be necessary.

(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 below Addendum to FAR Clause 52.212-2 Evaluation-Commercial Items (JAN 1999)

(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 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999)

The Government will award a contract resulting from this solicitation to the responsible offeror submitting the Lowest Priced, Technically Acceptable offeror that satisfies all terms and conditions of this solicitation.

I. Technical: Each factor and sub factor will be rated either acceptable or unacceptable. A rating of unacceptable for any factor or sub factor will result in an overall unacceptable rating. If an offeror fails to meet the minimum requirements outlined in one of the four subfactors below, the subfactor, and overall proposal will be rated “unacceptable” and will not be eligible for award.

Technical Ratings

Rating Description

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Un-acceptable Proposal does not clearly meet the minimum requirements of the solicitation.

Contractor’s Personnel’s Licenses:

Sub factor 1 -Contractor Personnel’s Licenses: Electronics License (전자기능사 자격증) and Vehicle Machine

Maintenance Technician Licenses (자동차 기관 정비 기능사 자격증) issued by ROK Government.

Sub factor 2 - All technical personnel shall have a minimum of five (5) year working experience with these equipment’s maintenance listed in paragraph 9 of performance work statement or similar type of service required by this contract.

II. Past Performance: The factor evaluates the offeror’s past performance history in performing same or similar requirement as set forth in this contract to determine the offeror’s capability to perform the contract. Past performance will be evaluated only on proposals that received a technically acceptable rating for this technical criteria in paragraph I above.

The Government reserves the right to obtain past performance information from any reasonable source available, including Government database in order to evaluate past performance.

Past Performance Evaluation Ratings

Rating Description

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below)

Un-acceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”

III. Prices: Proposed price will be reviewed to determine if the estimate is adequate, complete, and reasonable to assess the offeror's understanding of the solicitation. The pricing proposals will be evaluated in accordance with FAR 15.404-1 (b).

(1) Completeness. The offeror shall complete the pricing information for all CLINs/Sub-CLINs identified for base period plus four (4) options (five (5) years). Any underlying assumptions including proposed escalation rates between the 1st and subsequent periods shall be clearly explained.

(2) Price Realism. Price analysis in conjunction with Technical Analysis will be used to perform a Price

Realism Analysis to determine if the price is realistic for the work to be performed. The proposal will be evaluated using price analysis techniques to determine whether the proposal reflects a thorough understanding of the PWS, and whether the price proposed is realistic for the work to be performed and is consistent with approaches described in the technical proposals. Price proposals, which are unrealistically low, will be deemed reflective of a failure to comprehend the complexity and risk of the proposed contractual requirement and may be grounds for rejection of the proposal.

(3) Price Reasonableness. Price should also reflect fair market value and be reasonable when compared to the independent Government estimate, current market prices for same or similar services and/or when compared among other technically acceptable offerors.

(4) Unbalanced Pricing. As part of the price evaluation, proposals will be reviewed to identify any unbalanced pricing. IAW FAR 15.404-1(g)(3), Unbalanced Pricing, a proposal may be rejected if the Contracting Officer determines the lack of balance poses an unacceptable risk to the Government.

(5) Price is not scored. The Government will review the price proposal to determine the extent to which it is reasonable, realistic, and consistent with the technical proposal. The lowest price for award purposes will be the combined total of the effective period of five (5) years from the date of award. Price must include all CLINs as listed on the Price Schedule. The Government intends to evaluate proposals and award a contract without discussions. Therefore, Offerors are instructed that submitted proposals should contain their best pricing.

(6) FAR Clause 52.217-8 Option to Extend Services. As part of price evaluation, the Government will evaluate its option to extend services (FAR Clause 52.217-8 - Option to Extend Services) by adding one-half of the Offeror’s final option period prices to the Offeror’s total price. Thus, the Offeror’s total price for the purpose of evaluation will include the base period, 1st option, 2nd option, 3rd option, 4th option, and one-half of the 4th option. Offerors are required only to price the base and four (4) options. Offerors shall not submit a price for the potential one-half year extension of services period.

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;

(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…