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SEE ADDENDUM
(No Collect Calls)
W90VN921T0005 16-Jun-2021
b. TELEPHONE NUMBER
315-763-5686
8. OFFER DUE DATE/LOCAL TIME
01:00 PM 07 Jul 2021
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. YI, KUM SON
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
MMF10021MPJ0162-0001
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 M15017 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
CAMP MUJUK
1ST LT JOHN PEZZINI
UNIT# 15017
BLDG# 2004 RM# 104
APO AP 96218-0173
UNITED STATES
TEL: 010-5814-6821 FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$16,500,000
NAICS:
238390
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 OF44
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.
W90VN921T0005
Section SF 1449 - CONTINUATION SHEET
GENERAL INFORMATION
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) does not permit the U.S. Government to grant Invited Contractor or Technical Representative Status to any offeror for this requirement. All sources submitting a proposal or quote, as applicable, including U.S. source, 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 the ROK Government to perform the contract and the capacity to conduct business in accordance with all applicable ROK laws, including but not limited to, rules and policies regarding labor, taxation, and immigration. If the 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.
2. 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 Job Movement and Installation of Furniture
FFP
The contractor shall furnish all labor, supervision, tools, materials, vehicles, equipment, transportation, and other items and services necessary for the movement, assembly, and installation, and removal of furniture, furnishing, and equipment from Bldg 1200 to Bldg 5230 at Marine Corps Installation Camp Mujuk, Pohang, Korea in accordance with Performance Work Statement and attachments.
FOB: Destination
PURCHASE REQUEST NUMBER: MMF10021MPJ0162-0001
PSC CD: N071
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Estimated War Hazard Losses
FFP
is zero (0) FOB: Destination
NET AMT
PWS
PERFORMANCE WORK STATEMENT (PWS)
Movement and Installation of Furniture, Fixture and Equipment (FF&E) from Building 1200 to Bldg. 5230 at Marine Corps Installation Camp Mujuk, Pohang, Korea.
Part 1
General Information
1. General: This is a non-personnel services contract to provide movement and installation of Government owned Furniture, Fixtures and Equipment (FF&E) from Building 1200 to Bldg. 5230 at Marine Corps Installation Camp Mujuk, Pohang, Korea.
1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to perform the move of Government owned Furniture, Fixtures and Equipment (FF&E) from Building 1200 to Bldg. 5230 at Marine Corps Installation Camp Mujuk, Pohang, Korea.
1.2 Objectives: The Contractor shall disassemble, move, and reassemble all Government owned Furniture, Fixtures and Equipment (FF&E) from Building 1200 to Bldg. 5230 at Marine Corps Installation Camp Mujuk, Pohang, Korea.
1.3 Scope: The Contractor shall perform all requirements as listed within this performance work statement. The Contractor shall not perform any work that is outside the scope of this PWS, without prior approval from the Contracting Officer (KO) through the appointed Contracting Officer’s Representative (COR) or the Point of Contact (POC) as applicable
1.4. Period of Performance: This service contract shall be valid for 14 calendar days upon contract award.
1.5. Hours of Operation: The Contractor shall conduct business between the hours of 0730-1630, Monday thru Friday except federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the Contractor will not be reimbursed when the Government facility is closed for the above reasons. When deploying personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.
1.5.1 Place of Performance: The work to be performed under this contract will be performed at Building 1200 and Bldg. 5230 at Marine Corps Installation Camp Mujuk, Pohang, Korea.
1.5.2 Contractor Qualification:
1.5.2.1 Contractor’s License: The prime Contractor shall have the valid license of Cargo Vehicle Transportation
Business Permission (화물자동차운송사업허가증) or Cargo Vehicle Transportation Agency Business Permission
(화물자동차운송주선사업허가증) in accordance with Republic of Korea (ROK) Law and Regulation are required to perform this contract
1.6 Type of Contract: The Government shall award a Firm Fixed Price Contract.
1.7 Physical Security: The Contractor shall be responsible for safeguarding all Government equipment, information and property identified for movement.
1.8 Identification of Contractor Employees: Contractor personnel shall wear clothing which displays a company name on the upper portion of the body so they can be easily identified as contractor employees.
1.9 Safety and Accident Prevention: In performing work under this contract on a Government installation, the Contractor shall conform to the specific safety requirements prescribed by the Government installation and take such additional immediate precautions as the Contracting Officer may reasonably require for safety and accident prevention purposes. The Contractor agrees to take all reasonable steps and precautions to prevent accidents and preserve the life and health of Contractor and Government personnel performing or in any way coming in contact with the performance of this contract on such premises. Any violation of such rules and requirements, unless promptly corrected as directed by the Contracting Officer, shall be grounds for termination of this contract in accordance with the default provisions hereof whereas the contractor will be held liable..
1.10 Safety Requirement and Reports: The Government will not provide safety equipment to the Contractor.
All work shall be conducted in a safe manner and shall comply with the requirements for job performance and directives described below:
1. No smoking is permitted while in Government buildings.
2. All work will stop when Typhoon condition 1 Caution is declared
(a) Prior to commencing work, the Contractor shall meet in conference with the Contracting Office to discuss and develop mutual understandings relative to administration of the Safety Program.
(b) The Contractor shall report immediately to the COR/POC all accidents resulting in death, trauma, or occupational disease. All accidents must be reported to COR/POC not later than 24 hours after the occurrence.
(c) The Contractor shall submit to COR/POC a full report of damage to Government property and/or equipment by negligence of the Contractor’s employees. All damage reports shall be submitted to the COR/POC not later than 24 hours after the occurrence. All such damages caused by the contractor during the move will be reimbursed to the Government per unilateral determination.
(d) No emergency medical care is available in the work site and the Government will not be liable for such mishap during the performance of the contract.
(e) The Contractor should be aware of HPCON status and abide by all restrictions that are applicable under such conditions.
1.11 Inspection of Services—Fixed-Price
Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.
The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
If the Government performs inspections or tests on the premises of the Contractor or a sub-contractor, the
Contractor shall furnish, and shall require sub-contractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.
If any of the services do not conform to contract requirements, the Government may require the Contractor to compensate the Government or perform the services to satisfy contract requirements, at no increase in contract amount. When the defects in services or its replacement cannot be resolved, the Government may—
(1) Reduce the contract price to reflect the reduced value of the services performed.
If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may— By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the
Government that is directly related to the performance of such service; or
(2) Terminate the contract for default and per FAR XXXXXX hold the contractor for all cost related for re-procurement process.
1.12 AT Level I Training All Contractor employees, including sub-contractor employees, requiring access to Army installations, facilities, and controlled-access areas shall complete AT Level I awareness training within ten
(10) days calendar days after the contract start date. The Contractor shall submit certificates of completion for each affected Contractor employee and sub-contractor employee, to the COR or to the contracting officer, within five (5) calendar days after completion of training by all employees and sub-contractor personnel. The COR will provide information to the Contractor in order for the Contractor to brief all personnel associated with this contract on reporting procedures for suspicious activity.
1.13 Installation Access Control Contractor and all associated sub-contractors employees shall 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. This may include using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13). Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) 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.
Part 2
Definitions and Acronyms
2. Definitions and Acronyms Definitions:
2.1 Furniture, Fixtures, and Equipment (FF&E) are personnel support equipment provided for existing administrative spaces.
2.2 Furniture are movable articles normally associated with occupancy of office spaces including, but not limited to, cubicles, desks, tables, cabinets, bookcases, freestanding shelving, chairs, storage lockers and safes.
2.3 Fixtures are items necessary to provide a reasonable degree of livability in office spaces including, but not limited to, trash cans, televisions, video conferencing hardware, refrigerators and microwaves. Also included are all wall mounted plaques, photo/white boards, emblems, insignia, and interior signage.
2.4 Equipment are general use items including, but not limited to, water coolers, shredders, printers and vacuum cleaners.
2.5 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.
2.6 Contracting Officer (KO): A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.
2.7 Deliverable: Anything that can be physically delivered, but may include non- manufactured things such as meeting minutes or reports.
2.8 Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.
2.9 Physical Security: Actions that prevent the loss or damage of Government property.
2.10 Sub-contractor: One that enters into a contract with a prime Contractor. The Government does not have privity of contract with the sub-contractor but any sub-contractor must be approved by the Government prior to performing on this contract.
2.11 Work Day: The number of hours per day the Contractor provides services in accordance with the contract.
2.12 Work Week: Monday through Friday, unless specified otherwise.
2.2 Acronyms:
AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations FAR Federal Acquisition Regulation KO Contracting Officer OCI Organizational Conflict of Interest ODC Other Direct Costs PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit WAWF Wide Area Work Flow
Part 3
Government Furnished Property, Equipment and Services
3. Government Furnished Items and Services:
3.1 Services: Government will provide personnel capable of orally translating English/Korean as the unit representative his/her designate.
3.2 Utilities: The Government will provide electrical power for Contractor’s tools. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning equipment.
Part 4
Contractor Furnished Items and Services
4. Contractor Furnished Items and Responsibilities:
4.1. General: The Contractor shall furnish all supplies, equipment, facilities, materials and services required to perform work under this contract that are not listed under Section 3 of this PWS. The Contractor will assume total responsibility in the event of any damages due to their employee’s negligence to care and moving any of the listed items as determined by the Government.
Part 5
Specific Task
5. Specific Task:
5.1 Basic Services. The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, and supervision, to disassemble, move, and reassemble all FF&E as defined in this Performance Work Statement and Appendix A. Furniture are movable articles normally associated with occupancy such as living quarters and office spaces. These items include beds, desk, conference tables, and chairs. Furnishings are items necessary to provide a reasonable degree of livability in living quarters and office spaces. This items include mattresses and trash cans. Equipment are general use items washer, dryers, and water coolers, vacuum cleaners.
5.1.1 Wall Mounted Items. The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, and supervision, to mount items identified for wall or ceiling mounting. This includes but is not limited to TVs, TV mounts, map racks, cork boards, sharps container, projectors and projector mounts. Contractor will maintain accountability of all mounting hardware i.e. screws/fasteners and brackets. Contractor shall install these items to a location as designated by the COR/POC. Contractor shall ensure they have personnel with the training, equipment, and experience to perform this task.
5.1.2 Transfer to Storage. Transfer to new Facility from Bldg 1200. List of items that need to be moved from Bldg 1200 will be provided to the contractor. All other assets will be located in the vicinity of Bldg 5230. The Contractor shall exercise care in handling, loading and unloading items for this task. Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, and supervision necessary to perform the installation of the items listed on Appendix A. This service include but not limited to:
a) Moving or relocating FF&E from current location to designated rooms
b) Set-up (assemble) and install FF&E into the respective location.
c) Use protective material on work area (floors, hallways, etc…) to prevent damage to new facility.
d) Perform task not listed but required in order to accomplished the work
e) All FF&E shall be tested for functionality after each install
f) Final payment will not be made until the complete work is inspected and accepted by the
COR/POC.
Appendix C contain the listing of items and their intended install location. Install location within the building may change as required by IIIMEF Representative during period of performance. A number of items may already located at Building 5230. These items will be relocated as listed in Appendix C or within the building as designated by IIIMEF Representative. Other items will be delivered on site in containers during the period of performance. The contractor shall offload items from container and move them in designated location for assembly and installation per
Appendix C or within the building as designated by IIIMEF Representative
5.1.3 Items to be assembled. The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, and supervision, to assemble items identified for assembly. Contractor will maintain accountability of all mounting hardware i.e. screws/fasteners and brackets.
5.2 Deliverables.
5.2.1 Functions Check: Contractor shall inspect and test electrical equipment for functionality. If any item is found to be malfunctioning, the government representative must be informed immediately.
5.2.2. III MEF Staff. The assigned Unit Representative shall provide specific location where equipment needs to be mounted or located. The contractor shall offload items from container and move them in designated location for assembly and installation per Appendix C or within the building as designated by IIIMEF Representative. The IIIMEF Representative shall notify the contractor no later than 24 hours if there is a change in location of items listed on Appendix B.
Part 6
Technical Exhibit Listing
6. Attachment / Technical Exhibit List:
6.1 Technical Exhibit 1 – Performance Requirements Summary. The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.
Performance Objective Performance
Standard (Task Measurement)
Performance Threshold Method of Surveillance
PRS # 1.
The Contractor shall provide tools, equipment, and manpower required load, move, and unload furniture, furnishing and equipment (FF&E) from FF&E’s current location to the required storage and installation areas.
The Contractor provided tools, equipment, and manpower to load/unload, and move furniture, furnishing, and equipment.
Zero deviation from standard.
100% Inspection
PRS # 2
The contractor shall provide tools and manpower required to complete assembly and installation of furniture and furnishing.
The contractor provided all tools and manpower required to complete installation of furniture and furnishing.
Zero deviation from standard.
100% Inspection
PRS # 3
The contractor shall provide tools and manpower required to complete installation of electrical appliance.
The contractor provided all tools and manpower required to complete installation of electrical appliances.
Zero deviation from standard.
100% Inspection
PRS#4
Contractor shall report to the 411th Contracting Support Brigade (411th CSB) all accidents resulting in death, trauma, or occupational disease.
All accidents must be reported to 411th CSB not later than 24 hours after the occurrence.
Zero deviation from standard
100% Inspection
PRS#5
Contractor shall submit to 411th CSB a full report of damage to Government property and/or equipment by Contractor’s employees.
All damage reports shall be submitted to the 411th CSB not later than 24 hour after the occurrence.
Zero deviation from standard
100% Inspection
SECTION V
APPENDIX
APPENDICES:
A Furniture Furnishing Equipment List B Furniture Furnishing Equipment List with storage location C Furniture Furnishing Equipment List with install location
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 0002 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 19-JUL-2021 TO
02-AUG-2021
N/A CAMP MUJUK
1ST LT JOHN PEZZINI
UNIT# 15017
BLDG# 2004 RM# 104
APO AP 96218-0173
UNITED STATES
010-5814-6821 FOB: Destination
M15017
0002 N/A N/A N/A N/A
CLAUSES INCORPORATED BY REFERENCE
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2020
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
OCT 2018
52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-3 Offeror Representations and Certifications--Commercial
Items
FEB 2021
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
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
DEC 2019
252.209-7002 Disclosure Of Ownership Or Control By A Foreign Government
JUN 2010
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.215-7008 Only One Offer JUL 2019 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7041 Correspondence in English JUN 1997 252.225-7042 Authorization to Perform APR 2003 252.225-7993 (Dev) Prohibition on Providing Funds to the Enemy (Deviation
2020-O0022)
AUG 2020
252.229-7006 Value Added Tax Exclusion (United Kingdom) DEC 2011 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018 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 JAN 2021
CLAUSES INCORPORATED BY FULL TEXT
52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)
(a) The offeror certifies that --
(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –
(i) Those prices,
(ii) The intention to submit an offer, or
(iii) The methods of factors used to calculate the prices offered:
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --
(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or
(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);
(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.
(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.
(End of Provision)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)
(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 the threshold at 9.104-5(a)(2) 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.
INSTRUCTION TO OFFEROR(S)
Addendum to FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUN 2020)
I. INSTRUCTIONS FOR QUOTATION SUBMISSION
1. Proposal shall be submitted to the Beta SAM.GOV website (https://beta.sam.gov/). The Government requests all questions be emailed to Mrs. Yi, Kumson, Contract Specialist, email: kumson.yi.civ@mail.mil within three (3) working days after the solicitation is issued. The electronic bid shall be submitted by the closing date and time of the solicitation. Partial offer will not be accepted.
2. Closing date (Local Date/Time): Wednesday 7 July 2021, 1300 hours (South Korea Time)
3. Confirmation of submittal requirement prior to the solicitaion closing date and time is offeror’s responsibility.
4. 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.
5. 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
Factor A – Technical Capability: Technical capability evaluation factor(s) are equal to price.
(i) Sub-factor A – Prime or Sub Contractor’s Business Permit/Registration.
The contractor shall possess Certificate of Business Registration (사업자등록증), Cargo Vehicle Transportation Business Permission (화물자동차운송사업허가증) or Cargo Vehicle Transportation Agency Business Permission (화물자동차운송주선사업허가증) in accordance with Republic of Korea (ROK) Law and Regulation are required to perform this contract. Submission of subcontractor’s business permissions is allowable.
(ii) Sub-factor B – Relevant Experience
A minimum of one (1) year working experience within in the last five (5) years from closing date of the solicitation with furniture installation removal service or similar type of experience.
(iii) Sub-factor C – Personnel Qualification Requirement
The contractor shall provide resumes for Contract Manager (CM) who are considered key personnel by the Government.
Contract Manager (CM): The CM shall have a satisfactory relevant past experience of at least one (1) year within the last five (5) years in the similar size and same scope or larger to this contract for movement services.
Factor B – Past Performance
The past performance factor considers the Offeror’s demonstrated recent and relevant record of performance in supplying services that meet the contract requirements. Past performance will be evaluated on an acceptable/unacceptable basis. Offerors are required to identify contracts, both commercial and Government contracts for the same or similar service. The Government may ascertain past performance information on the offeror from sources other than the contracts/references provided.
The following ratings will be used in evaluating Past Performance:
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).
Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required.
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”
Factor C – 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 provision FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUN 2020)
CLAUSES INCORPORATED BY FULL TEXT
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 FFP…
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