Addendum to FAR 52.212-1 and FAR 52.212-2.pdf

52.212-1, INSTRUCTIONS TO OFFERORS-COMMERICAL PRODUCTS AND COMMERCIAL

SERVICES (SEP 2023)

ADDENDUM TO FAR CLAUSE 52.212-1, INSTRUCTIONS TO OFFERORS-COMMERICAL

PRODUCTS AND COMMERCIAL SERVICES

SPECIAL NOTE

LOCAL SOURCES REQUIREMENTS

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

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

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

Contracting Officer.

2. LOCAL CONTRACTORS:

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

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

I. INSTRUCTIONS FOR QUOTATIONS SUBMISSION

1. Submission of Quotes shall be via email at the date specified in this solicitation. Failure to provide all required documents or information may exclude the Offerors from further consideration. Only signed quotes submitted will be accepted. Quotes shall be submitted electronically to Contract Specialist Keturah Lynch at keturah.s.lynch.mil@army.mil and Eric Kim, Contracting Officer, eric.k.kim.mil@army.mil .

2. The vendor’s quote shall contain its best terms from a price and technical standpoint. Award will be made without mailto:cadien.o.vaccianna.mil@army.mil mailto:cadien.o.vaccianna.mil@army.mil mailto:eric.k.kim.mil@army.mil seeking additional information. The Government intends to make a selection based on initial responses; and does not intend nor is obligated to request additional technical or pricing information.

3. Questions regarding this request for quote should be submitted by e-mail to Contract Specialist KeturahLynch at keturah.s.lynch.mil@army.mil and Contracting Officer Eric Kim, Contracting Officer, eric.k.kim.mil@army.mil by

26 MAR 2025 at 10:00 AM (KST). Questions shall annotate a reference to the specific solicitation element to which they pertain.

4. Offeror shall fill out the following FAR clauses in this solicitation and submit as the final part of the RFQ.

a. FAR 52.212-3 Alt 1 Offeror Representations and Certifications--Commercial Items Alternate I

b. FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment

c. FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation

Basis of Award: 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. The following factors shall be used to evaluate offers:

II. SUBMISSION REQUIREMENTS

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

(a) Sub-factor A – Contractor’s Business License: The contractor shall submit a current and valid documents issued by the ROK Government authorities as follows:

(1) Passenger Vehicle Transportation Business Certificate of Registration or,

(2) Automobile Rental Business Registration

The business license registration of a subcontractor shall not be substituted for the prime contractor’s business license registration. Quoters who fail to submit proper registration will not be considered for award.

(b) Sub-factor B – Insurance Policy: The offeror shall submit The contractor shall provide coverage of liability insurance (책임보험), unlimited insurance for the other driver (대인무한), insurance for the other driver's property

(대물), insurance for the driver himself or herself (자손) except the insurance for the vehicle the driver is driving

(자차) based on Passenger Transport Service Act, Passenger Transport Service Permission Procedural Principles, Article 45, Clause 2 (여객자동차 운수사업법, 여객자동차 운수사업 인면허 업무처리요령 45 조 2호) for the driver who is 21 years old or above. Quoters who fail to submit insurance plicy will not be considered for award.

(c) Sub-factor C- Model and specification of vehicle. The offeror shall provide model of vehicle and specification.

If the offeror is not local, Pohang area, the offeror should submit delivery plan. The offeror shall be evaluated on submitted the model and specification of vehicle for the proposed items along with the quotation. Quoters who fail to submit model and specification will not be considered for award.

(d) Sub-factor D- unlimited mileage. The offeror shall provide unlimited mileage with statement. Quoters who fail to submit statement of unlimited mileage will not be considered for award.

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 of this solicitation.

mailto:keturah.s.lynch.mil@army.mil mailto:eric.k.kim.mil@army.mil

All Technical Factors are of EQUAL importance. In order for an offer to be technically acceptable, all technical factors shall be determined technically acceptable. If any one factor receives a rating of

“unacceptable” the offer will be rated “unacceptable.”

2. Price Proposal: The offerors shall provide a price breakdown in sufficient detail as to permit analysis of the proposal and include a summary sheet of total cost for this requirement. All offeror(s) shall round all unit prices.

3. Period for Acceptance of Offers: The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers.

4. The vendor shall include in its quote the company’s legal name, Cage Code, DUNS number, address, telephone number, as well as the name and title of the person authorized to accept delivery orders and obligate the company contractually

5. Partial quotation is not acceptable. Award shall be made based on all or none basis.

(End of Addendum to FAR 52.212-1, Instructions to the Offeror(s) – Commercial Items (OCT 2018)

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

ADDENDUM TO FAR 52.212-2, EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

(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 quotes:

1.0 BASIS FOR AWARD –

1.1 Basis of Award: A Lowest Price Technically Acceptable (LPTA) approach will be used; the evaluation criteria are described herein. The policies and procedures under the Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, in conjunction with FAR Subpart 13, Simplified Acquisition Procedures, will be utilized for this procurement. The award decision will be based on LPTA. The Government will award a contract resulting from this solicitation to the responsible Offeror whose quote conforming to the solicitation will be most advantageous to the Government.

1.2 The Government's technical evaluation team will evaluate the quote to determine if it is either

Technically Acceptable or Technically Unacceptable (price excluded). In order to be considered Technically

Acceptable, the quote for each factor must be determined Acceptable. Failure to meet the criteria will render the quote to be Technically Unacceptable and will not be considered for award.

1.3 The Government will evaluate the quote strictly in accordance with this solicitation and will not assume that performance will include areas not specified in the Offeror's submission.

1.4 The Government intends to award the contract without discussions. Therefore, the quote should contain the

Offeror's best terms from Technical Capability and Price Reasonableness standpoint. Additional oral or written information from the Contractor may be requested. The Government reserves the right to conduct discussions. If a revised quote is requested, it will be evaluated against the same criteria as was the initial quote.

EVALUATION CRITERIA

The Government will use the criteria set forth below to evaluate and select the awardee. Evaluation criteria consist of two (2) evaluation factors. Quotes will be evaluated under the following evaluation factors:

Factor 1: Technical Acceptability

Factor 2: Price

Assigning Ratings: All factors will be assigned one of the ratings defined below. To be considered technically acceptable. The Government will not roll up factors for an overall Factor 1 rating. In order to be considered for award, there must be an “acceptable” rating in every factor.

Table A-1. Technical Acceptable/Unacceptable Ratings

Rating Description

Acceptable Quote clearly meets the minimum requirements of the solicitation.

Unacceptable Quote does not clearly meet the minimum requirements of the

Factor 1 - Technically Acceptability.

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

(a) Sub-factor A – Contractor’s Business License: The contractor shall submit a current and valid documents issued by the ROK Government authorities as follows:

(1) Passenger Vehicle Transportation Business Certificate of Registration or,

(2) Automobile Rental Business Registration

The business license registration of a subcontractor shall not be substituted for the prime contractor’s business license registration. Quoters who fail to submit proper registration will not be considered for award.

(b) Sub-factor B – Insurance Policy: The offeror shall submit The contractor shall provide coverage of liability insurance (책임보험), unlimited insurance for the other driver (대인무한), insurance for the other driver's property

(대물), insurance for the driver himself or herself (자손) except the insurance for the vehicle the driver is driving

(자차) based on Passenger Transport Service Act, Passenger Transport Service Permission Procedural Principles, Article 45, Clause 2 (여객자동차 운수사업법, 여객자동차 운수사업 인면허 업무처리요령 45 조 2호) for the driver who is 21 years old or above. Quoters who fail to submit insurance plicy will not be considered for award.

(c) Sub-factor C- Model and specification of vehicle. The offeror shall provide model of vehicle and specification.

If the offeror is not local, Pohang area, the offeror should submit delivery plan. The offeror shall be evaluated on submitted the model and specification of vehicle for the proposed items along with the quotation. Quoters who fail to submit model and specification will not be considered for award.

(d) Sub-factor D- unlimited mileage. The offeror shall provide unlimited mileage with statement. Quoters who fail to submit statement of unlimited mileage will not be considered for award.

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 of this solicitation.

All Technical Factors are of EQUAL importance. In order for an offer to be technically acceptable, all technical factors shall be determined technically acceptable. If any one factor receives a rating of

“unacceptable” the offer will be rated “unacceptable.”

Factor 2 - Price.

The offerors shall provide a price breakdown in sufficient detail as to permit analysis of the proposal and include a summary sheet of total cost for this requirement. All offeror(s) shall round all unit prices.

As authorized under FAR Subpart 13, simplified procedures will be used to evaluate quotes and award the contract.

Proposed price will be evaluated as Lowest Price Technically Acceptable (LPTA). The unit price shall include a firm fixed price for each priced CLIN. Quotes shall remain valid for a minimum of 30 days. The Government intends to award a contract based on contractor’s responsibility and determination of a fair and reasonable price.

As authorized under FAR Subpart 13, simplified procedures will be used to evaluate quotes and award the contract.

Proposed price will be evaluated as Lowest Price Technically Acceptable (LPTA). Price shall be quoted in accordance with the CLIN structure provided, in the event an award is made. The Government will roll-up CLIN prices into an overall total price for the total evaluated price. The unit price shall include a firm fixed price for each priced CLIN. Quotes shall remain valid for a minimum of 30 days. The Government intends to award a contract based on contractor’s responsibility and determination of a fair and reasonable price.

(End of provision)