W90VN923R0006.pdf

SEE ADDENDUM

(No Collect Calls)

W90VN923R0006 30-Sep-2022

b. TELEPHONE NUMBER

315-763-5693

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 30 Oct 2022

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

0011822551

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 W8120T 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

403RD AFSB-K

KWON, TO YONG

TRANSPORTATION SERVICE SPECIALIST

UNIT #15016

APO AP 96218-5016

UNITED STATES

TEL: 763-4618 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,500

NAICS:

336111

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 OF48

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.

W90VN923R0006

Section SF 1449 - CONTINUATION SHEET

FUNDED BY ROK MND IAW MOA BETWEEN USFK AND ROK MND

LCS STATEMENT

THIS IS A ROK MND (THE REPUBLIC OF KOREA, MINISTRY OF NATIONAL DEFENSE) FUNDED

ORDER. NO APPRORIATED FUNDS OF THE UNITED STATES SHALL BE OBLIGATED FOR PAYMENT

DUE UNDER THIS ORDER.

ROK LCS (LOGISTICS COST SHARING)-FUNDED ACQUISITION SHALL NOT REQUIRE OFFSHORE

PURCHASE OF MATERIALS. ONLY KOREAN SOURCES ARE ELIGIBLE FOR AWARD OF LCS-FUNDED

CONTRACT.

THIS SOLICITATION IS BEING CONDUCTED UNDER THE LOGISTICS COST SHARING (LCS)

PROGRAM AND WILL RESULT IN A CONTRACT BETWEEN THE GOVERNMENT OF THE REPUBLIC

OF KOREA (ROK) AND THE CONTRACTOR. ROK WILL DIRECTLY PAY THE CONTRACTOR. NO

APPROPRIATED FUNDS OF THE UNITED STATES SHALL BE OBLIGATED FOR PAYMENT DUE

UNDER THIS CONTRACT.

411TH AWARD RECOMMENDATION PROCESS: THE 411TH CONTRACTING SUPPORT BRIGADE (CSB)

WILL CONDUCT THE SOLICITATION AND MAKE A RECOMMENDATION OF CONTRACT AWARD IN

ACCORDANCE WITH UNITED STATES LAW.

REPUBLIC OF KOREA MINISTRY OF NATIONAL DEFENSE (ROK MND) CONTRACT AWARD

PROCESS: ROK MND WILL AWARD LCS CONTRACTS IN ACCORDANCE WITH THE FOLLOWING

CRITERIA: "ALL LCS WORK MUST BE ACCOMPLISHED IN THE ROK OR ITS TERRITORIAL WATERS

AND THAT ALL EQUIPMENT AND SUPPLIES THAT ARE TO BE ACQUIRED WITH ROKG FUNDS

SHALL BE MANUFACTURED IN THE ROK, AND THAT ALL LCS SERVICE WORK SHALL BE CARRIED

OUT BY KOREAN CONTRACTOR(S), KOREA RAILROAD CORPORATION, OR THE ROK MILITARY.

EQUIPMENT AND SUPPLIES THAT ARE IMPORTED INTO KOREA AND ASSEMBLED IN KOREA ARE

CONSIDERED OFF-SHORE MATERIALS AND NOT MANUFACTURED IN THE ROK FOR PURPOSES OF

LCS WORK." FOR INFORMATION ABOUT THE ROK AWARD PROCESS, CONTACT THE REPUBLIC OF

KOREA MINISTRY OF NATIONAL DEFENSE LOGISTICS MANAGEMENT BUREAU. FOR ALL OTHER

INFORMATION ABOUT THIS PROCUREMENT, CONTACT THE 411TH CSB CONTRACTING OFFICER.

ELIGIBILITY FOR AWARD OF ROK MND CONTRACTS

(a) This solicitation is conducted under the LCS program and will result in a contract between the Government of the Republic of Korea (ROK) and the contractor. ROK will directly pay the contractor. No appropriated funds of the United States (US) shall be obligated for payment due under a contract resulting from this solicitation.

(b) In accordance with the International Agreement between the US and ROK, titled “Implementation Arrangement for the Special Measures Agreement” (hereinafter “International Agreement”), signed by the parties in 2019:

The parties hereby agree that all LCS work must be accomplished in the ROK or its territorial waters and that all equipment and supplies that are to be acquired with ROK Government funds shall be manufactured in the ROK, and all LCS service work shall be carried out by Korean contractor(s), the Korea Railroad Corporation, or the ROK military.

The term ‘Korean contractor” in implementing the LCS program in Section V, Paragraph 3 (of the 2019 SMA IA) is defined as follows:

1. An entity, that, including its parent, is a domestic corporation under the Korean Corporation Tax Act and whose domestic status is recorded in the Certified Copy of Register or its successor document. A parent is defined as an entity that holds more than 50/100 of the total issued and outstanding shares in another company, as reflected in the Stock Change Certificate; or

2. An individual who has Korean nationality.

(c) In order to establish eligibility for a LCS contract, the offeror shall submit the documents listed below with their proposal prior to the closing date/time established in the solicitation. The contracting officer will determine the offeror’s eligibility status as a Korean contractor solely on the basis of these documents.

(1) Prime Contractor Registration: The offeror shall submit its Certified Copy of Register (등기부 등본

(유효사항)), as certified and submitted to the ROK Supreme Court (대법원). In order to qualify as a Korean

Contractor, the fourth block of the offeror's Certified Copy of Register [등기부 등본 (유효사항)] must state an address that is physically located in the Republic of Korea.

(2) Prime Contractor Stock Change Certification: The offeror shall submit its most recent Stock Change Certificate

(주식 변동 상황 명세서), as certified and submitted to the ROK Local Tax Office (국세청). The prime contractor’s

Stock Change Certificate (주식 변동 상황 명세서) will be evaluated to determine if the prime contractor has a Parent (as defined in the International Agreement extract above).

(3) If the Prime Contractor has a Parent, the offeror shall submit the Parent’s Certified Copy of Register

(등기부등본 (유효사항)) as certified and submitted to the ROK Supreme Court (대법원). In order for the Prime Contractor to qualify as a Korean Contractor, the fourth block of the offeror’s Parent’s Certified Copy of Register

(등기부 등본 (유효사항)) must state an address that is physically located in the Republic of Korea.

(4) To validate if an individual is “Korean nationality”, the following documents shall be submitted:

Business Registration (사업자 등록증)

Basic Certificate (기본 증명서)

Certificate of Business Fact (사업사실증명서) (Issued by National Tax Service showing partnership/owners, shares, and date when the business was jointly owned)

(d) To summarize the requirements stated above:

(1) An offeror that does not have a “Parent” will submit 2 documents to establish that the offeror is a Korean Contractor: 1) Offeror's Certified Copy of Register, and 2) Offeror's Stock Change Certificate.

(2) An offeror that does have a “Parent” will submit 3 documents to establish that the offeror is a Korean Contractor:

1) Offeror's Certified Copy of Register, 2) Offeror's Stock Change Certificate, and 3) Parent's Certified Copy of Register.

(3) An Offeror that does not have Stock Change Certificate will submit: 1) Business Registration, 2) Basic Certificate, and 3) Certificate of Business Fact.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 8 Each Large sized pump trucks

FFP

Large sized pump trucks. See attached salient characteristics.

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

FOB: Destination

PURCHASE REQUEST NUMBER: 0011822551

PSC CD: 2305

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 180 dys. ADC 8 403RD AFSB-K

KWON, TO YONG

TRANSPORTATION SERVICE SPECIALIST

UNIT #15016

APO AP 96218-5016

UNITED STATES

763-4618 FOB: Destination

W8120T

SALIENT CHARACTERISTICS

A. ITEM DESCRIPTION

Large sized pump truck, diesel engine driven, 4X2 rear drive, cab over design, left hand drive, heat/air conditioner, 4 door totally enclosed cab with seating for 5 firefighters

(a) Quantity: Eight (8) each

(b) Size: 8.5Ton chassis pump truck

Note: Vehicle/Equipment and furnished accessories shall comply with Korea Motor Vehicle Safety Standard in effect on the date of manufacture.

B. DIMENSIONS (Approximately)

Overall Length (mm) Minimum 8,200 Overall Width (mm) Minimum 2,400 Overall Height (mm) Minimum 3,000 Wheel Base (mm) Minimum 4,390

C. REQUIREMENTS

1. Type: 8.5Ton chassis, 4X2 Drive, Left hand drive two-wheel front, four-wheel on single rear axle, with a minimum five-men, four-door crew cab.

2. Engine: EURO 6 engine (Minimum 320HP):

3. Transmission: Automatic

4. Cab: Double cab with 5 seats (One passenger seat and 3 rear seats: SCBA seats with safety belts), Hydraulic-electric tilting system

5. Brake: Air brake, Anti-Locking Braking System (ABS), Anti-Spin Regulator (ASR)

6. Fire Pump

a. Mid-ship mounting type (Pump and roll type with PTO)

b. Minimum 3,600 liter/min

c. Automatic priming system

d. Pressure governor or relief valve

e. 1ea 100mm large pump suction intake on Back side

f. 2ea 65mm discharges on Back side, 2ea 65mm discharges on both sides (Total 4ea)

g. 1ea 65mm intake for water fill

7. Valve and Piping

a. Pump suction intake 4” National Standard Threads (NST): 1ea on left and right (Total 2ea)

b. Pump intake 2.5” (NST): 1ea on Left and Right (Total 2ea)

c. Discharge 2.5” (NST): 2ea on Left and Right (Total 4ea)

d. Discharge 2.5” (NST): 1ea on Rear (Total 1ea)

e. Discharge 1.5” (NST): Center cross-lay 2 (Total 2ea)

f. Water filling to tank 2.5” (NST): 1ea on Rear (Total 1ea)

g. Discharge 1.5” (NST): 1ea on Front (Total 1ea) for bumper turret (minimum 100 GPM)

8. Water Tank: Minimum 1,000-gallon capacity, stainless steel, manhole

9. Foam Tank: Minimum 50-gallon capacity, poly material, manhole

10. Water Monitor: Minimum 500 GPM capacity – Automatic roof & bumper turret

(Install a monitor and control console box for roof turret in the cab and a remote-control device near pump panel)

11. Fuel Tank: Minimum 200-liter capacity

12. Winch: Minimum 5Ton electronic type capacity (wires controller and rope with all accessories)

13. Body Structure: Aluminum

14. Electric System:

a. 12 and 24volt vehicle electrical system

b. Electronic engine gauges/hour meter

c. Engine voltmeter

d. Battery conditioner

e. 80amp engine alternator

f. 24volt DC to 12volt DC power converter with 30amp rated output

g. Handheld cab spotlight

h. Cab dome light

i. Alternating headlight flasher

j. Strobe LED light on Side/Front/Rear (3ea on each side)

k. Emergency strobe LED light on cab roof

l. Breaker box

m. Electric rewind cord reel with a minimum 200 feet of 10/3 wire

n. Back up alarm

o. Electronic siren/amplifier/speaker

p. Rear view camera

q. Navigation, intercom system

15. Body Structure and Compartment

a. Aluminum apparatus

b. SCBA bottle storage in fenders

c. 4ea chock (Rear wheel, mounted)

d. Pump compartment

e. Water tank compartment

f. Side compartments

g. Roll-up aluminum shutter

h. Mud flaps for Front & Rear axles

i. LED interior light automatically activate when the compartment door is open

j. Load rating up to 800lbs

16. Equipment

a. Hydraulic ladder lowering (lifter) device shall be installed on the top roof

b. Camera kit/spotlight installed at the rear of the apparatus

c. Hose bed-top roof

d. Lower basket hose bed-both sides of pump room & Front side

17. Exterior Color

a. Two colors (Red & White)

b. Red and white stripe with white reflective tape

c. Reflective striping (6 inch wide on Front, Sides and Rear in white)

d. Each area has a particular door seal (911)

18. Tool and Accessories

a. Spare tire and wheel with carrier

b. Tire carrier lever

c. Wheel box and handle

d. Hydraulic Jack

e. OVM set for chassis

f. 4ea Wheel chock

g. Maintenance and user manual (chassis and fire system)

19. Warranty

a. Three (3) years after the date of delivery: Power train, engine, fire pump, bumper to bumper.

b. Two (2) years after the date of delivery: Firefighting system and general vehicle components (lights, electrical system, and gauges)

20. Onsite pump and mechanical operational training: Minimum 2 consecutive days at each delivery location for each shift (4-hour training per day)

21. Certification and Technical Publications (In Korean)

a. Certificate of manufacturer specifying USFK as the vehicle’s owner and temporary license plate for the vehicle at the time of delivery

b. Two (2) operator’s manuals in English/Hangul, two (2) technical manuals (service manual, electrical scheme) in Hangul for each delivery place shall be furnished for each vehicle at the time of delivery.

D. INTENDED USE. The vehicle covered by this specification is intended for general use by the U.S. Government in putting out fires. All trucks shall be delivered ready for immediate use.

E. SAFETY. New fire pump trucks shall comply with Korean domestic safety and exhaust emission control requirements.

F. DELIVERY POINT. Door-to-Door delivery. The place listed below may be changed within 300km without any additional costs to the Government.

- Five (5) each: Camp Casey (Dongducheon), ATTN: Mr. Yi, Chae In (0503-322-4261)

- One (1) each: Yongsan (Seoul), ATTN: Ms. Yi, Yong Sun (0503-322-5435)

- Two (2) each: Camp Walker (Daegu), ATTN: Mr. Ku, Sung Un (0503-363-4501)

G. DELIVERY DATE. The trucks shall be delivered at the delivery point specified above within 180 calendar days after delivery order is issued.

H. INSPECTION AND ACCEPTANCE. Inspections will be performed by fire department staff officers from each area at 1/3 build point, ½ point, ¾ point and a final build inspection before coming out of the assembly point.

Vendor will also perform pump testing with fire department members at the assembly location. The receiving officer or his authorized representative at the respective delivery point shall conduct inspection for condition, quality, quantity and final acceptance of the supplies delivered under this delivery order.

DELIVERY & PAYMENT INFO

1. SHIPPING INSTRUCTIONS:

DELIVERY POINT: Door-to-Door delivery. The place listed below may be changed within 300km without any additional costs to the Government.

- Five (5) each: Camp Casey (Dongducheon), ATTN: Mr. Yi, Chae In (0503-322-4261)

- One (1) each: Yongsan (Seoul), ATTN: Ms. Yi, Yong Sun (0503-322-5435)

- Two (2) each: Camp Walker (Daegu), ATTN: Mr. Ku, Sung Un (0503-363-4501)

DELIVERY DATE. The trucks shall be delivered at the delivery point specified above within 180 calendar days after delivery order is issued.

2. INSPECTION AND ACCEPTANCE. The manufacturer shall meet with the buyer before construction starts to review all truck design and review specifications. Inspections will be performed by fire department staff officers from each area at 1/3 build point, ½ point, ¾ point and a final build inspection before coming out of the assembly point. The receiving officer or his authorized representative at the respective delivery point shall conduct inspection for condition, quality, quantity and final acceptance of the supplies delivered under this delivery order.

3. RECEIVING OFFICER’S NOTIFICATION TO PURCHASING ACTIVITY OF NON-RECEIPT,

DAMAGE OR NON-CONFORMANCE: The Receiving Officer shall notify the Purchasing Office promptly after date of delivery specified in the purchase order, of supplies not received, damaged in transit, or not conforming to specifications of the purchase order. Only under extenuating circumstances should such notification be made later than 15 days after specified dated of delivery.

4. NOTICE TO RECEIVING OFFICER (KOREA). Upon receipt and acceptance of supplies, the Receiving Officer is responsible for preparing a receiving report on DD Form 250. The Receiving Officer is required to complete the entire DD 250 and distribute to the Contract Specialist: Mrs. Kwon, Chong Hyon, RCO-Daegu, 411th CSB, Korea, Unit 15682, APO AP 96218-5682, TEL: 763-5693 (DSN), or email: chonghyon.kwon.ln@army.mil

5. PAYMENT. All request for payment, invoicing, and payment status will be referred to addressee in block #18a. All problems on payment of accounts will be directed to the same office. Telephonic inquiries maybe made NET 30 days from date of receipt of invoice in paying office or acceptance of material/services by the local Receiving Officer, whichever is later. Partial payment is not authorized.

PAYMENT OFFICE FOR LCS PROJECTS: ROK Ministry of National Defense Logistics Planning Division

The invoice for payment will not be processed until all items are delivered.

6. INVOICE SUBMITTAL. The Contractor shall submit invoice signed by the receiving officer to be following address:

Multinational Logistics Division, J4, USFK Logistics Cost Sharing, Camp Humphreys POC: MR. O, Yun Son

DSN: 755-4015

COMMERCIAL: (0503) 355-4015

Email: indopacom.humphreys.usfk.mbx.j4-lcs@army.mil

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

NOV 2021

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2021

52.225-14 Inconsistency Between English Version And Translation Of Contract

FEB 2000

52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7041 Correspondence in English JUN 1997 252.225-7042 Authorization to Perform APR 2003 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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 Products and Commercial Services. 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.

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

I. PURCHASE ORDER AWARD

1.1. The Government intends to execute a purchase order for “Large Sized Pump Truck (8 each)”. Award will be made to the responsible Offeror submitting the Lowest Price Technically Acceptable (LPTA) offer in accordance with the Federal Acquisition Regulation (FAR) Parts 12 and 13.5 that satisfies all terms and conditions of the solicitation. Offers will be evaluated for acceptability, but not ranked using the non-cost factors/subfactors. All non-cost factors and subfactors will be rated as either "acceptable" or "unacceptable". In order to be considered for award, there must be an acceptable" rating in every non-price factor/subfactor. In other words, a rating of "unacceptable" for any factor or subfactor will result in the entire offer being rated "unacceptable".

1.2. The Government reserves the right, based on the Government’s best interests, to make a determination to: 1) award without discussions; 2) make multiple awards for this requirement; 3) establish a competitive range in order to conduct discussions. If an award cannot be made on initial offer and the Government determines discussions to be necessary, the competitive rage will be established in considering technical, past performance and price evaluation factors to conduct discussions; and/or 4) make no award if, upon evaluation, none of the proposals are deemed likely to meet the requirements.

II. PROPOSAL SUBMISSION:

2.1. These instructions are designed to ensure submission of essential information in order for the Government to understanding and evaluate proposals. Offerors are cautioned to follow the detailed instructions fully and carefully, as the Government reserves the right to make award based on initial offers received, without discussions with Offerors.

2.2. Offerors are cautioned to submit adequate information to enable the Government team to fully ascertain each Offeror’s capability to perform all of the requirements identified in the solicitation. All commitments made in the proposal shall become a part of the resultant contract.

2.3. Offerors are required to submit complete proposals (Technical Proposal, Past Performance Proposal, and Price Proposal) and also submit the documents listed below in Paragraphs III through the Contract Specialist email, chonghyon.kwon.ln@army.mil by 13:00 hours on closing date of Block #8 of the SF 1449, Korea Standard Time (KST). The Offeror(s) shall round all unit prices to the nearest whole Korean Won (KRW) thereby eliminating the use of any decimal points. All questions should be emailed to Ms. Kwon, Chong Hyon and/or Mr. Pak, Bumjoon J.

chonghyon.kwon.ln@army.mill and/or bumjoon.j.pak.civ@army.mil within ten (10) calendar days after the solicitation is issued. Questions received after this date and time may not be answered.

III. SUBMITTAL REQUIREMENTS

3.1. (a) Technical Capability: Offerors who fail to submit all of the specified information will not be considered for award.

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

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

(ii) Sub-factor B – Warranty: Three (3) years after the date of delivery: Power train, Engine, Fire Pump, Bumper to bumper. Two (2) years after the date of delivery: Firefighting system and general vehicle components (lights, electrical system, and gauges) as specified on Salient Characteristics, paragraph 19. The Contractor shall include the warranty information for the proposed items. Offers that do not include this information will be deemed technically unacceptable.

(iii) Sub-factor C – Certifications: The offeror shall be evaluated on submitted a valid current certificate (both Korean and English) as required on Salient Characteristics, paragraph 21.

3.1. (b) Past Performance: The offeror shall describe its past performance on contracts it has held in the last three

(3) years which are of same or similar scope, magnitude, complexity to that which is detailed in the solicitation. The offerors shall provide a list of Government or non-Government contract references including contract number, type, value, place of performance, date of award, whether performance is ongoing or complete, and the names, phone numbers, and e-mails of at least two points of contact for each contract. The offeror shall provide two past performance information.

Contract Number Contract Date Contract Amount Contracting Agency Project Officer & Phone Number Project Description

Each offeror shall submit any known adverse past performance information including all relevant supporting details with their proposal. Each offeror shall provide a copy of any cure notices or show cause letters received on each contract listed and a description of any corrective action by the offeror. The offeror shall also provide the information listed above on any contract that has been terminated, in whole or in part, for default during the past three (3) years, or any contracts which are currently in the process of such termination. This information is required for any contract, whether similar or not to the proposed effort. If the contract is awarded based on false information, the contract will be terminated for cause.

The Government reserves right to conduct investigation of the offeror’s past performances, not limited to the listed past performances on the Past Performance proposal.

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

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

3.3. Clauses 52.204-24 and 52.204-26 shall be filled out and submitted upon request from the Government.

3.4. The tax exemptions stated in Attachment, Contractor’s Tax Exemption Declaration” will be reviewed by the contracting officer for reasonableness and necessity to complete the work. The contracting officer may reject a proposal if the offeror appears to improperly overstate any proposed tax exemptions or submitted pricing and cost data that appear to be unreasonable.

3.5. All offeror(s) shall provide the price proposal in Korean Won (KRW).

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

3.7. Partial offer is not acceptable. Award will be on an all or none basis.

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

Failure to submit the above requirements may indicate that the offeror fails to understand the requirement, and may be grounds for determining the proposal to be non-responsive and ineligible for contract award in accordance with Basis of Award of this solicitation.

(End of Addendum to FAR 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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 52.212-2, Evaluation-Commercial Products and Commercial Service

(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 PRODUCTS AND COMMERCIAL

SERVICES

The Government will award a contract resulting from this solicitation to the responsible offeror submitting the lowest price technically acceptable offer that satisfies all terms and conditions of this solicitation.

Award will be made to the responsible Offeror submitting the Lowest Price Technically Acceptable (LPTA) offer that satisfies all terms and condition of the solicitation. Offers will be evaluated for acceptability, but not ranked using non-price factors/subfactors. All non-price factors and subfactors will be rated as either “acceptable” or “unacceptable”. In order to be considered for award, there must be an “acceptable” rating in every non-price factor/subfactor. In other words, a rating of “unacceptable” for any factor or subfactor will result in the entire offer being rated “unacceptable”.

Award will be based on all or none basis.

FACTOR I - TECHNICAL: Each factor and subfactor will be rated either acceptable or unacceptable. A rating of unacceptable for any factor or subfactor will result in an overall unacceptable rating. If an offeror fails to meet the minimum requirements outlined in one of the three (3) subfactors below, the subfactor, and overall proposal will be rated “unacceptable” and will not be eligible for award.

Technical Ratings

Ratings Description Acceptable Proposal meets the minimum requirements of the solicitation.

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

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

(a) Technical Evaluation Factors:

(i) Sub-factor A – Specification for the proposed item. The offeror shall be evaluated on submitted the detailed specification for the proposed items along with the offer, even if the offeror proposed the same item. The item must meet the salient characteristics by stating the description/specification of each listed item including manufacturer name and model/part number. Offerors who fail to submit all of the specified information will not be considered for award. Note: Copy and paste of salient characteristics of RFP for each item in the offer is not acceptable and will not be considered for award.

(ii) Sub-factor B – Warranty: The offeror shall be evaluated on provided at minimum Three (3) years after the date of delivery for Power train, Engine, Fire Pump, Bumper to bumper and two (2) years after the date of delivery for firefighting system and general vehicle components (lights, electrical system, and gauges) as specified on Salient Characteristics, paragraph 19. The Contractor shall include the warranty information for the proposed items. Offers that do not include this information will be deemed technically unacceptable.

(iii) Sub-factor C – Certifications: The offeror shall be evaluated on submitted a valid current certificate (both Korean and English) as required on Salient Characteristics, paragraph 21.

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

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

FACTOR II – PAST PERFORMANCE:

The following ratings will be used in evaluating Past Performance:

Technical Ratings Ratings 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)

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 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.

FACTOR III – 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 13.106-2.

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

(End of ADDENDUM to FAR 52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022)

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 (v) of this provision.

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

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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"--

(1) 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.

(2) Affiliates, as used in this definition, means…