Amendment_0002_to_W912UM18R0004.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04 EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

a. Purpose of this amendment is to add the "Requirement Being Solicited from Local Sources" in the SPECIAL REQUIREMENT and revise the Paragraph No. 2.2 , Price Proposal in the ADDENDUM TO FAR 52.212-2 EVALUATION -COMMERCIAL ITEMS as highlighted in yellow.

b. All other terms and conditions remain the same.

1. CONTRACT ID CODE PAGE OF PAGES

1 7

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 23-Mar-2018

16B. UNITED STATES OF AMERICA 15C. DATE SIGNED 15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer) (Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912UM18R0004

X 9B. DATED (SEE ITEM 11)

09-Mar-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

23-Mar-2018

CODE

CONTRACTING DIVISION

U.S. ARMY CORPS OF ENGINEERS

FAR EAST DISTRICT

UNIT #15546

APO AP 96205-5546

W912UM 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODE CODE

EMAIL: TEL:

W912UM18R0004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

SPECIAL REQUIREMENT

REQUIREMENTS BEING SOLICITED FROM LOCAL SOURCES

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. All offeror(s) interested in competing for this local requirement are required to submit their price proposal, as applicable, in Korean won only. A proposal submitted in currency other than Korean won will not be considered for award.

PERIOD OF CONTRACT

Base Year 12 months 21 May 2018 ~ 20 May 2019 1st Option Year 12 months 21 May 2019 ~ 20 May 2020 2nd Option Year 12 months 21 May 2020 ~ 20 May 2021 3rd Option Year 12 months 21 May 2021 ~ 20 May 2022 4th Option Year 12 months 21 May 2022 ~ 20 May 2023

The contract shall be for a period of one (1) year for basic year from the date of contract award, with four (4) one (1) year options, each of which, if exercised, would extend the contract by one (1) year making a total of five (5) years.

COMPLIANCE WITH APPLICABLE LAWS

The contractor shall be responsible that all employees strictly observe the Laws of the United States or other governing body affecting all operations of the sites. This shall include regulations imposed by military installations.

The contractor shall comply with all applicable laws under which he is operating including those concerning the inspection and operation of equipment and the licensing of engineers, land surveyors, pilots, mechanics, and other personnel required under this contract.

EXEMPTION FROM KOREAN TAXES FOR POL PRODUCTS USED ON THIS CONTRACT

This clause is in implementation of Article XVI of the Status of Forces Agreement between the Republic of Korea (ROK) and the United States of America granting Contractors exemption from Republic of Korea taxes for petroleum products (POL) utilized on USFK procurements in the Republic of Korea. At the time this contract is awarded, the Contractor will make a final nomination in writing of his point of purchase for POL products to be used on this contract. If he intends to purchase directly from an oil company refinery he may nominate any of the three ROK oil companies which have agreed to sell to Contractor FOB refinery at the Special Excise Tax (SET) exempt price. If the Contractor instead intends to purchase his POL products from an individual gasoline station he will be told by the Contracting Officer which individual gasoline stations will sell to him at the SET exempt price.

He will be required to specify which of those stations he will purchase from. In addition to naming his oil company/gasoline station, the Contractor will be required to state the estimated quantities of POL products required for the contract. The estimated value of the POL products, the value of the tax exemption for the estimated quantity, and the amount of POL to be purchased from each refinery/gasoline station. The Contracting Officer will verify the reasonableness of the amounts of POL products claimed for use on the contract, and based on his verification, the responsible officer will issue USFK POL tax Exemption Coupons. If the Contractor wishes to purchase from an individual gasoline station he will be required to make advance payment for the amount of POL covered by the coupons. Advance payment will be SET exclusive price and will be made to the gasoline station previously nominated. Representatives from nominated gasoline station will be present at the issuing session. They will collect the advance payments, marked "paid" on the back of the original copy of the coupons issued, and will provide to purchasing Contractor with tax invoices to be used by the Contractor to obtain Value Added Tax (VAT) refund from his governing ROK District Tax Office. All coupons for construction contracts will be issued at the time of award.

Coupons for requirements type contracts will be issued on a delivery order increment basis or on a monthly basis.

Pre-selected oil company refineries will sell their POL products at the SET exempted prices upon presentation of the coupons. Individual gasoline stations which have previously collected POL payment in advance will accept the prepaid USFK POL TAX Exemption Coupons from Contractor and will provide the POL amounts reflected on tendered coupons without any further charge.

INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT

In the event of inconsistency between any terms of this contract and any translation thereof into another language, the English language meaning shall control.

U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL, EM 385-1-1

(30 Nov 2014)

This paragraph applies to contracts and purchase orders that require the contractor to comply with EM 385-1-1 (e.g., contracts that include the Accident Prevention clause at FAR 52.236-13 and/or other safety provisions). EM 385-1- 1 and its changes are available at http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf (at the HQ homepage, select Safety and Occupational Health and then select Changes to EM) The contractor shall be responsible for complying with the current edition and all changes posted on the web as of the effective date of this solicitation. (Updated, 2 Mar 15)

MILITARY BASE PERMITS

It shall be the sole responsibility of the Contractor to obtain required passes/decals from each Security Office/Provost Marshal's Office for the duration of this contract. The Contractor shall submit a tabulation of the equipment and vehicles to be used covering such items as (1) make, (2) model name, (3) year, (4) body style, (5) color, (6) License number, (7) vehicle identification number, (8) registration proof and safety check, (9) insurance company, and (10) amount of insurance coverage. The Contractor shall submit a list of all personnel that will be mobilized for this contract including name, social security number, and date of birth, citizenship, and title in the company. The above data shall be submitted to the Contracting Officer no later than three (3) calendar days after the date of receipt by him of notice of award. The Contractor will forward all of the above data to proper authorities (Security/Provost Marshal's Office).

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

If this is an indefinite quantity type contract, contractors shall submit required data within three (3) calendar days after award of each delivery order where performance is required on a military installation..

KOREAN LABOR LAW

Contractors and subcontractors at all tiers, shall honor employees’ rights in full compliance with Korean Labor Law, including the rights of succession of employment. Failure to comply may be deemed breach or default of the contract and evidence of nonresponsibility. Such violation of Korean Labor Law may be evidenced by a Republic of Korea Ministry of Labor determination, a court decision, or a Labor Relations Commission adjudication. If a contractor is found to be in serious violation and fails to take adequate corrective action promptly, USFK may consider this grounds for determining the contractor to be non-responsible for future Government contracts.

TAX EXEMPTION, CUSTOMS, REPUBLIC OF KOREA

(a) EXEMPTION: This clause is in implementation of Article IX of the Status of Forces Agreement between the Republic of Korea and the United States of America granting contractors exemption from Republic of Korea customs duties and other such charges. At the time this contract is awarded, the Contractor shall certify to the Contracting Officer that all materials, supplies, and equipment to be imported for the contract have been proposed to the Government exclusive of customs duties and other such charges and; further, that the contract price includes no customs duty whatsoever. It shall indicate to the Contracting Officer the total amount of customs duties excluded from the contract price. The USFK Contracting Officer will verify the amount of customs duty that would otherwise be applicable to the contract and will issue USFK Form(s) 75 to the Contractor. The contractor will submit the original USFK Form 75 to the governing ROK Customs Office at the time of import declaration. The Chief of the Customs Office will review the USFK Form 75 and will exempt the Contractor from customs duties and other such charges. During the review process the customs office will post on the Contractor's Import Permit the anticipated submission date for a completed USFK Form 76, which will be prepared by the Contracting Officer and given to the contractor immediately after contract performance. The Contractor will submit the original USFK Form 76 to the governing ROK Customs Office no later than the date posted on the Import Permit. If the USFK Form 76 is not submitted by the anticipated date, the ROK Customs Office will immediately collect the customs duties and other such charges previously exempted.

(b) If for any reason the Contractor has paid customs duties on materials, supplies, or equipment prior to award of this contract and desires to use such materials, supplies, or equipment for performance of this contract, the Contractor must exclude such duties from the contract price and may obtain refund of such previously paid duties by submitting a completed USFK Form 76 to the governing ROK Customs Office.

(c) Refund: Any Contractor that requires refund of customs duties and other such charges on items used for USFK contracts, can claim refund of such charges by submitting a copy of a completed USFK Form 76 to the governing ROK Customs Office

(d) This entire clause is inapplicable to contracts, or any portions of contracts, funded by the Republic of Korea.

TAX EXEMPTION, SPECIAL EXCISE TAX, REPUBLIC OF KOREA

This clause is in implementation of Article XVI of the Status of Forces Agreement between the Republic of Korea and the United States, granting Contractors exemption from Republic of Korea Special Excise Taxes. At the time this contract is awarded the Contractor shall indicate to the Contracting Officer which items will be purchased for the contract that are subject to Special Excise Tax. It shall indicate the name of the item, the number of units to be purchased, the cost per unit without tax, the percentage of tax, the tax amount per unit, the total tax, and the manufacturer of the item. The Contracting Officer will verify the reasonableness of the quantities claimed and ensure that the Contractor has certified that the contract price excludes Special Excise Tax on those items subject to the tax. The contractor shall purchase the special-excise-taxed items from the manufacturer, tax-inclusive. For construction and single-delivery type supply and service contracts, the contractor shall employ the following procedure: At the time it purchases the items it shall present the manufacturer with a notification letter requesting refund of the Special Excise Tax. (Copies of this letter can be obtained from the 411th CSB, Korea Contracting Officer.) The manufacturer will endorse the letter to the manufacturer's District Tax Office which will make refund to the manufacturer. The manufacturer will make subsequent refund to the Contractor. Requests for refund under requirements-type contracts will be submitted monthly and will be accompanied by copies of the USFK delivery orders issue

TAX EXEMPTION, VALUE ADDED TAX, REPUBLIC OF KOREA

This clause implements Article XVI of the Status of Forces Agreement between the Republic of Korea and the United States of America, which exempts contractors from paying the Republic of Korea Value-Added Taxes.

When the contractor submits an offer, it shall certify to the Contracting Officer that all the costs in the offer will be exclusive of any Value-Added Tax; and further, that the proposed contract price includes no Value-Added Tax. The contractor shall also indicate the amount and type of Value-Added Taxes excluded from the contract price. If supplies and/or services which the contractor purchases for this contract include Value-Added Taxes, it can obtain a full refund for the amount of the Value-Added Tax by submitting to the ROK District Tax Office tax invoices which the contractor receives when it purchases materials and/or services for this contract. The contractor must submit a copy of the USFK contract with its first tax invoice submission. Subsequent tax invoice submissions must be accompanied by a letter which references the USFK contract submitted with the first tax invoice submission.

WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT)

The cost of Defense Base Act Insurance:

The United States Department of Labor has waived the application of the Defense Base Act to all Contractor employees covered under the compulsory workers’ compensation laws of the Republic of Korea. The waiver remains in effect until April 1, 2019. The Contractor is under no obligation to provide Defense Base Act insurance coverage to these employees. The Contractor certifies that its price for this Contract or Task Order does not include costs of Defense Base Act insurance coverage for its employees covered under the compulsory workers’ compensation laws of the Republic of Korea.

If the Contractor has obtained Defense Base Act insurance coverage for its employees covered under the compulsory workers’ compensation laws of the Republic of Korea, the Contractor certifies that its costs of the insurance have not been included in its price for the work under this Contractor or Task Order.

The United States Department of Labor waiver does not apply to any employee who:

a) Is a citizen of the United States of America; or

b) Is a lawful resident of the United States of America; or

c) Was hired in the United States of America.

Where the Contractor is required to obtain DBA insurance coverage for any of its employees, it may include its costs of the coverage in its price for the Contract or Task Order. The Contractor shall procure DBA insurance coverage commercially only from a United States Department of Labor authorized insurance carrier. The United States Department of Labor publishes a list of insurance carriers that are currently authorized to write coverage under the Defense Base Act. If Defense Base Act coverage is required for any employee, it is the Contractor’s responsibility to locate and contact a carrier, and arrange coverage. The list of currently authorized carriers is found at: http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

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:

(1) Technical: Emergency Service Call Plans / Prior Experience / Past Performance

(2) Price

Award will be made to the lowest priced technically acceptable offer. . Award will be made to the Offeror who is rated “acceptable” for technical factors and has the lowest evaluated cost or price, and whose proposal conforms to the solicitation requirements (to include all stated terms, conditions, representations, certifications, and all other information required by FAR 52.212-1). The Government reserves the right to award without discussions.

Therefore, each initial offer should contain the Offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions, if determined necessary by the Contracting Officer.

Technical Evaluation. Each technical data element will be considered in terms of the evaluation factors set forth herein. Technical data elements will be evaluated to determine whether the available information demonstrates that the offerors meet the minimum criteria, standards or requirements stated in the solicitation, and whether the information shows the offeror satisfies the criteria stated in the statement of work.

(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.

(End of provision)

ADDENDUM TO FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS

1. Technical Proposal

A rating of “Unacceptable” for any factor will result in an overall unacceptable rating for the Technical proposal. If an offeror fails to meet the minimum requirements outline in the factor, the overall proposal will be rated “unacceptable” and will not be eligible for award.

Technical Factor 1 – Emergency Service Call Plans

Minimum Qualification: Submission of Emergency Plan IAW Paragraph No. 5.8.1 and 5.8.2 in the PWS.

Technical Ratings Rating Description

Acceptable The proposal demonstrates that the Offeror has demonstrated adequate understanding on how to respond to Emergency Service Call for Each Commissary and has provided a plan to address the repairs that will be required.

Un-acceptable The proposal does not demonstrate that the Offeror has adequate understanding on how to respond to Emergency Service Call for Each Commissary or has not provided a plan to address the repairs that will be require.

Technical Factor 2 – Prior Experience

Minimum Qualification: Submission of Attachment 1 – Prior Experience sheet within the past five (5) years, no more than five (5) total projects.

Technical Ratings Rating Description

Acceptable The proposal demonstrates that the Offeror meets the minimum qualification factors stated above.

Un-acceptable The proposal demonstrates that the Offeror does not meet the minimum qualification factors stated above.

Technical Factor 3 - Past Performance: The Offeror has received a “Satisfactory” or above performance evaluation for all projects submitted to the Government, and has received no more than one (1) performance evaluation of less than “Satisfactory” for all projects completed within the past five (5) years.

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

Past Performance Evaluation Ratings Rating Description

Acceptable

The Offeror has received a “Satisfactory” (or equivalent) performance evaluation for all projects submitted to prove it possesses the required minimal experience;

and overall has received no more than one (1) performance evaluation of less than “Satisfactory” for all projects completed within the past five (5) years.

Un-acceptable

A past performance rating of less than “Acceptable” (or equivalent) for any project submitted to prove it possesses the required minimal experience; and/or overall, more than one (1) performance evaluation of less than “Satisfactory” for all projects completed within the past five (5) years.

Unknown or Neutral

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, but shall receive a rating of “Unknown” or “Neutral” past performance.

The Offeror shall submit the Form PPQ-0, NAVFAC/USACE Past Performance Questionnaire in accordance with the Paragraph C. Technical Proposal Content Requirement in the Instruction to Offeror - Addendum to FAR 52.212- 1.

2. Price Proposal

2.1 The price proposals will not be technically rated, but will be evaluated to determine if they are fair and reasonable.

2.2 The overall proposed price that the Government will use to determine whether a proposal offers the lowest priced technically acceptable to the Government will consist of the sum of all of the unit prices for the base and option years in the Offeror’s Price proposal. 6 month extension option (CLIN5001) will not be evaluated as part of the overall proposed price for the purposes of price evaluation.

2.3 The price proposals will be evaluated, using price analysis techniques, in accordance with FAR 52.212-2, Evaluation-Commercial Items and FAR Subpart 13,106-3(a) Award and Documentation.

2.4. Price proposals will be evaluated to include the option period authorized under Clause 52.217-8, Option to Extend Services. For purposes of evaluation and award, the prices proposed for the fourth Option Period will be the prices assumed to be applicable to the Clause 52.217-8 option period.

(End of Summary of Changes)