A21._W91QVN-17-T-0047.docx

W91QVN-17-T-0047

Section SF 1449 - CONTINUATION SHEET

Generator Rental

FFP

The contractor shall provide all personnel, equipment, tools, materials, supervision, and management necessary to deliver, install, manage, and remove generators, during period of performance as defined in this Performance Work Statement (PWS).

FOB: Destination

PURCHASE REQUEST NUMBER: 0010990637

NET AMT

0001AA

15 Mar 17 - 29 Apr 17

Thirty (30) each of 400 - 600KVA generators will be provided at Pohang (ROK Marine Base) LSA 1 from 15 Mar 17 - 29 Apr 17.

NET AMT

0001AB

26 Mar 17 - 29 Apr 17

Ten (10) each of 400 - 600KVA will be provided at Pohang LSA 2 (Pier 9) from 26 Mar 17 - 29 Apr 17.

NET AMT

Maintenance Service

The contractor shall be responsible for fuel distribution, and the overall maintenance of the equipment. Power generator must be operational throughout the period of performance IAW Para 5 of PWS.

NET AMT

Estimated cost for War Hazard Losses is Zero (0).

NET AMT

Accounting for Services

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

NOTE: Not to exceed 20 man hours for data collection and report.

UIC: WDCSAA, Organization: 19th ESC, Unit# 2018, APO AP 96218-5015.

NET AMT

PWS

PERFORMANCE WORK STATEMENT (PWS)

Rental and Maintenance Service of Generator for Operation Pacific Reach 17

1. GENERAL INFORMATION

1.1. General: The contractor shall provide power generation to support: tents, showers, and DFAC services for Operation Pacific Reach 2017 (OPR 17), ROKMLG, at Pohang (ROK Marine Base and Pier 9).

1.2. Scope of Work: The contractor shall provide all personnel, equipment, tools, materials, supervision, and management necessary to deliver, install, manage, and remove generators, during period of performance as defined in this Performance Work Statement (PWS) except as specified in paragraph 3.0 as government furnished. Thirty (30) 400KVA generators will be provided at LSA 1 (ROK Marine Base) and ten (10) 400KVA will be provided at LSA 2 Pier 9. Generators shall be sound proof and grounded. The contractor shall be responsible for fuel distribution, and the overall maintenance of the equipment. Power generator must be operational throughout the period of performance. The Contractor must comply with all US and Host Nation’s Environmental & Safety Standards.

1.3. Period of Performance: The period of performance is 15 March-29 April 2017 at Pohang ROK Marine Base and Pier 9.

1.3.1. Hours of Operation:

LSA1 (ROK Marine Base)

52S EE3805481629

LSA 2 Pier 9

52S EE3809185777

1.4. Quality Control: The contractor shall develop and maintain a quality control program to ensure custodial services are performed in accordance with commonly accepted commercial practices and services identified in this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-performance and continual repeat of defective service does not occur. As a minimum, the contractor shall develop quality control procedures addressing the areas identified in paragraph 2, Performance Requirements Summary. The initial quality control plan shall be submitted to the COR within 5 days of contract award. The COR will review the plan and provide written approval / acceptance of the plan (after any requested changes are incorporated) within 10 days of award. After the written approval of the quality control plan is provided back to the contractor, any changes to the plan shall be immediately provided to the COR for concurrence for the remaining duration of this contract base period and any option periods.

1.4.1. The contractor shall keep records of inspections and make them available to the Government throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract. The contractor shall collect data, perform self-evaluation, and document performance against standards associated with each specific requirement. The contractor shall submit a report semi-annually based on the description of the inspection systems that cover all services in this PWS. The contractor shall address all tasks in the PWS based on the example below:

What level of performance is required to meet the Performance Objective or Task?

Acceptable Quality Level (AQL) or Performance Threshold

WHAT/DATA SOURCE

What is the Contractor going to inspect?

CALCULATION

How will The Contractor determine if the AQL and Standard are being achieved?

1.4.2. The contractor shall allow the U.S. Government to perform any inspection set forth in the contract, pursuant to FAR 52.246-4 Inspection of Services-Fixed Price (Aug 1996). The contractor shall correct, without additional cost to the Government, any items having defects as noted during the Government’s in-progress inspection or acceptance inspection.

1.5. Quality Assurance. The government will inspect and evaluate the contractor’s performance to ensure services are received in accordance with requirements set forth in this contract. The COR will use periodic inspections to record validation of results. Results of the validation then become an official Air Force record of the Contractor’s performance. When a performance threshold has not been met or contractor performance has not been accomplished, the COR will initiate and provide the KO a Contract Discrepancy Report (CDR) for issuance to the contractor. The contractor shall respond to the CDR IAW instructions provided.

1.6. Surveillance Methods.

1.6.1. Random Inspections. This method requires the COR to employ a “spot check” style of evaluation based on the contractor’s incorporated Cleaning Frequency Schedule (CFS, PWS paragraph 4.19). Random inspections will be conducted on a scheduled basis (daily, weekly, monthly, quarterly, semi-annual or annually) and may be adjusted, based on quality trends. The CFS or modified version thereof, will be used for COR scheduled inspections and results documentation.

Any unsatisfactory inspection (defect) result will be recorded, and the Contractor shall re-perform the service within 2 hours after notification.

Exceeding the performance threshold for any of these performance objectives in any one month period will result in a warning or letter of concern from the Contracting Officer.

Exceeding the performance threshold of these performance objectives, in any combination for any two, or more consecutive or non-consecutive months during a contract period shall constitute an immediate Progress Meeting with the Multi-functional Team. All remedies will be in accordance with the FAR 52.212-4 (a), Contract Terms and Conditions - Commercial Items, Inspection/Acceptance.

1.6.2. Customer Complaints. The COR will receive and investigate complaints. The COR will be responsible for initially validating customer complaints. The Contracting Officer will make final determination of the validity of customer complaint(s) in cases of disagreement with the COR and the Contractor. Validated customer complaints will be re-performed within 2 hours of notification.

Exceeding the performance threshold for performance objectives in any one month period may result in a warning or letter of concern from the Contracting Officer.

Exceeding the performance threshold for performance objectives for any two, or more consecutive or non-consecutive months during a contract period will constitute an immediate Progress Meeting with the Multi-functional Team. All remedies will be in accordance with the FAR 52.246-4, Inspection of Services - Fixed-Price.

1.7. Safety Requirements. The contractor will comply with all U.S. Occupational Safety & Health Administration (OSHA) regulations and is subject to the 19th ESC Safety Officer inspections of all Government Owned/Contractor Operated (GOCO) property for compliance with governing regulations.

2. Contractor’s Qualification

2.1. Prime Contractor's Prior Experience: The prime contractor shall have a minimum two (2) years’ experience in providing generator maintenance service and have a valid business registration. The experience of a subcontractor cannot be substitute for the prime contractor’s experience.

2.2. Contract Manager: The Contractor shall provide a qualified CM who shall be responsible for the overall performance of the work. The CM shall be able to read, write, speak and understand English and shall fully understand the requirements of this contract.

2.3. Identification of Contractor Personnel: Contractor’s employees and representatives shall be required to have proper identification prior to entering a Government installation. Such identification shall be controlled as prescribed by the Security Section, Provost Marshal, or equivalent security control authority at the installation concerned.

2.4. All contractor employees and representatives shall have in their possession a Korean Citizen Identification Card while on any U.S government installation.

2.5. The Contractor shall ensure that employees have a current and valid driver’s license before allowing the employee to operate a contractor-owned vehicle on the base. The Contractor and its employees shall comply with all security requirements imposed by the local installation commander at all times while on the military installation. Any contractor traffic violations may result in the denial of driving privileges on the installations. A copy of all licenses shall be provided to the COR or Contracting Officer within five (5) days after contract award

2.6. The contractor shall ensure all employees that operate on U.S. Installations have approved access and that service vehicles are registered with installation provost marshal.

3. GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, SERVICES, AND FACILITY

3.1. Diesel fuel for generators will be Government furnished.

4. CONTRACTOR FURNISHED ITEMS AND PARTS

4.1 The contractor shall furnish all items and services necessary to provide generator service except Government Furnished Material.

5. SPECIFIC TASKS

5.1 BASIC SERVICES. Generators shall be installed in locations at times and in quantities specified in paragraph 1.3.1. Contractor shall ensure all generators are sound proofed and grounded with secondary containment. The contractor is expected to provide power generation to sustain a grid of tents. A grid is 12 tents with 168 people servicing a total of 48 light sets, 12 heat/AC units and 74 electric outlets on a 24 hour basis.

5.2. Daily Maintenance and Servicing: Contractor shall monitor fuel levels/refill fuel as necessary per generator. Contractor shall be responsible for drawing fuel, distributing fuel to all generators, and equipment maintenance. Contractor shall ensure generators remain operational and are down for maintenance related issues for minimal time per day. Minimal time is defined as 1 hour or less.

5.2.1. The contractor shall provide proper spill containment and clean-up of any spilled fuel. The contractor is responsible for distribution of fuel, provided by the US Government, using their own trucks. For any ground equipment refueling, a US Soldiers will be present to document and account for all fuel. At no time will a US Soldiers will be allowed to touch or operate any piece of the contractor’s fuel truck.

5.2.2. Identified US Soldier will be present for all refueling operations for accountability of fuel being issued.

5.2.3. The contractor shall provide fire extinguisher and ensure they are serviceable. Contractor shall provide their own grounding rods and have the capability of refueling ground vehicles. Contractor shall be able to receive 52,000 liters of fuel daily for distribution.

5.2.4. The contractor shall be able to receive fuel at Camp. Mujuk in Pohang. Contractor shall be required to record the remaining fuel not used at the end of each day. The fuel truck will remain on post throughout the period of performance unless under US military escort.

5.3 Remove Generators: Contractor shall remove all generators at date specified in paragraph 1.6. Contractor is responsible for ensuring all tents are properly disconnected from power generation before removal.

5.4. Minimum Quality Standards (Generator):

a. Forty (40) 400-600 KVA (Diesel Type) Generator

b. Generators must be sound proofed and grounded

c. Contractor must follow US and Host Nations Environmental laws

d. Power generator support is 24 hour a day throughout the period of performance

e. Each generator must have secondary containment for fuel spill mitigation

f. Contractor shall provide a minimum of two 220 volt outlet and six 110 volt outlets per ten (179 total tents)

g. Contractor shall be able to receive a minimum of 52,000 liters of Government furnished diesel fuel per day throughout the duration of the exercise.

5.5. The contractor shall annotate and initial/sign a service log at each location each time service is performed.

6. Contractor Manpower Report (CMR): The contractor shall report ALL contractor labor hours required for performance of services provided under this contract for the Tank Truck (TT) Bulk Fuel Delivery Services, Korea Wide. The contractor is required to completely fill in all required data fields using the following web address: http:// www.ecmra.mil/, and then click on “Department of the Army CMRA” or the icon of the DoD Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2017. Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website.”

7. Physical/Operational Security Antiterrorism:

7.1. This provision and/or contract text is for contractor employees with an area of performance within an Army controlled installation, facility, or area. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level I awareness training with 5 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The Contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the Receiving Officer or to the Contracting Officer, if a Receiving Officer is not assigned, within 10 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: https//atlevel1.dtic.mil/at.

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

7.3. iWATCH Training. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activities to the Receiving Officer. This training shall be completed within 5 calendar days of contract award and with 5 days of new employees commencing performance with the results reported to the COR NLT 10 days after contract award.

7.4. The contractor and his employees must comply with all security requirements imposed by the local installation commander at all times while performing the requirements of this contract on all military installations or exercise areas.

8. Applicable Publications.

8.1 Publications applicable to this PWS are listed below. The publications must be coded as mandatory or advisory, the date of the publication, and what chapters or pages are applicable to the requirement. All publications listed are available via the Internet at the specified e-mail address.

1. Useful reference documents for contractors working with the U.S. Government are available at http://www.aca.army.mil/

1. Federal Joint Ethics Regulation (JER) 5500.7-R is available at www.dod.mil/dodgc/defense_ethics/ethics_regulation/

1. Overseas Environmental Baseline Guidance is available at www.dtic.mil/

1. Federal Acquisition Regulations are available at https://www.acquisition.gov/far/

1. AR 385-10, Army Safety Program

9. Performance Requirement Summary.

Action

PRS # 1

The contractor shall provide power generation for 179 tents

PWS paragraph 5.1, 5.2, 5.3

The contractor shall ensure that all tents are connected to generators with sufficient power for lights and outlets

Zero deviation on set up

Periodic inspections / validated customer complaint Reperform within 1 hour

PRS # 2

The contractor shall ensure all generators are operational throughout service period

PWS paragraph 5.2

The contractor shall conduct routine maintenance on generators, monitor/refill fuels, and fix/replace dysfunctional generators

Generators shall not be “down” for more than an hour a day

Periodic inspections / validated customer complaint Reperform within 1 hour

PRS #3

The contractor shall annotate and initial/sign a service log at each location each time service is performed

PWS paragraph 5.5

PRS #4

The contractor shall ensure all employees that operate on U.S. Installations have approved access and that service vehicles are registered with installation provost marshal.

PWS paragraph 1.15

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

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

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

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

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

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

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

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

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

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

(4) A summary of the rationale for award;

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

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

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

1. SUBMISSION REQUIRMENT:

1.1. Offerors are required to submit the following information requirements through Federal Business Opportunities (FBO) (http://www.fbo.gov) by 13:00 hours local Time on the closing date of RFP. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.

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

FACTOR I. TECHNICAL:

Subfactor (1) Prime Contractor's Registation: The offeror shall submit current and valid business registration issued by the ROK Government. The license of a subcontractor cannot substitute for the prime contractor's license.

Subfactor (2) Generator(s) Specification: The offeror shall submit specifications for the proposed generators that address the minimum quality standards in paragraph 5.4 of Performance Work Statement (PWS).

FACTOR II. PAST PERFORMANCE: The offeror shall provide a list of contracts under which they have performed same or similar services relevant to this RFPs requirement within the last five (5) years from the issuance date of this solicitation. This data on recent contracts will be used by the Contracting Officer to evaluate past performance. The following information shall be included as applicable:

· The title and number of the contract/project

· Description of qualifying work experience

· Length of contract/project (Year/Month/Date - Year/Month/Date)

· Value of contract/project in KW for total amount

· Complete point of contract of employer (including name, phone number, email address) and validating POC.

FACTOR III. PRICE: The offeror shall provide price for all CLINs identified. Proposed price will be reviewed to determine if the proposal is adequate, complete, and reasonable to assess the offeror understands of the solicitation.

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

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

1.5. FAR Clause 52.212-3, Alt I, OFFEROR REPRESENTATIONS AND CERTIFICATIONS-Commercial Items: The offeror shall provide a complete FAR 52.212-3, Alt 1, (h) & (k).

1.6. 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 this contract.

(b) In accordance with the International Agreement between the US and ROK, titled “Amendment to the Implementing Agreement between the United States Forces Korea and the Republic of Korea Ministry of National Defense Concerning Logistics Cost Sharing” (hereinafter “International Agreement”), signed by the parties on 14 October 2015:

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(s)’ is defined as an entity, that, including its parent, is a domestic corporation under the Korean 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.

(c) In order to establish eligibility for award under this 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.

(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.”

NOTE: Questions will be addressed to the Contract Specialist at un.k.chong.ln@mail.mil and Contracting Officer at hyonsuk.chong1.ln@mail.mil.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

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

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

ADDENDUM TO FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999)

Award will be made to the responsible Offeror submitting the Lowest Price Technically Acceptable (LPTA) offer that satisfies all terms and conditions of the solicitation. Offers will be evaluated for acceptability, but not ranked using the 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”.

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

Technical Acceptable/Un-acceptable Ratings

Subfactor (1) Prime Contractor's Registation: The offeror shall be evaluated on submitted current and valid business registration issued by the ROK Government. The license of a subcontractor cannot substitute for the prime contractor's license.

Subfactor (2) Generator Specification: The offeror shall be evaluated on generator specifications in accordance with the paragraph 5.4 of PWS.

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

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

Past Performance Evaluation Ratings

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

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

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017) ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67,…