A17_RFQ_for_NTV_BPA.pdf

Request for Quote RFQ Number: W91QVN-19-R-5000

BLANKET PURCHASE AGREEMENT (BPA) FOR THE PURCHASE OF NON

TACTICAL VEHICLES (NTVs)

CLOSING DATE: 30 August 2019, 1300 hours (EST)

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-03 dated 12 July 2019.

PROJECT NOTICE AND REQUIRED DOCUMENTS

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. The ROK will directly pay the contractor. No appropriated funds of the United States shall be obligated for payment due under this contract.

In accordance with the International Agreement between the United States and the Republic of Korea, titled “Amendment to the Implementing Agreement between the United States Forces Korea (USFK) 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.”

NOTICE TO OFFERORS: THIS IS A SOLICITATION CONTEMPLATING

CREATION OF MULTIPLE BLANKET PURCHASE AGREEMENTS (BPAs) FOR

THE PURCHASE OF NON-TACTICAL VEHICLES.

FSC CODE: This BPA will be used for items with the Product Service Code listed below.

PSC Description 2310 Passenger Motor Vehicles

The government estimates, but does not guarantee, the volume of BPA orders under the entire BPA program will be approximately $30 million distributed over the five year ordering period for the BPAs. This is not a ceiling amount and the accumulated value of BPA orders issued under these BPAs may exceed this amount without modification to any of the BPAs.

There is no guaranteed minimum nor is the government obligated for the estimated amount. Obligations shall occur at the BPA order level and in the amounts identified per BPA order.

BPA orders shall be awarded and administered by duly appointed contracting officers assigned to the 411th CSB.

DESCRIPTION OF REQUIREMENT

The following items shall constitute the pricing schedule. The exact delivery location shall be provided at the individual call order level. The Required Delivery Date (RDD) shall be identified at the individual call order level.

CLIN 0001: SEDANS

CLIN 0001AA: Compact Sedan

1) Engine Displacement:

4 cylinder engine larger than 1,500cc (no larger than 1,800cc)

2) Minimum Vehicle Dimensions:

Overall Length (mm) Minimum 4,500 / Maximum 5,500 Overall Width (mm) Minimum 1,700 / Maximum 2,000 Overall Height (mm) Minimum 1,400 / Maximum 2,000

3) Seating Capacity:

Minimum 5 passengers

4) Power (ps/rpm):

Minimum 110/6,000

5) Gasoline Powered

6) Left hand drive

7) Heat/Air Conditioner

8) Transmission System:

Automatic transmission

9) Spare tire with tire changing tools

10) Fire extinguisher, snow chains, air bag and floor mat

11) Red emergency flare with triangle reflectors

12) Tinted Side and Back windows

CLIN 0001AB: Mid-Size Hybrid Sedan

1) Engine Displacement:

4 cylinder engine larger than 1,800cc (no larger than 2,100cc)

2) Minimum Dimensions:

Overall Length (mm) Minimum 4,800 / Maximum 5,500 Overall Width (mm) Minimum 1,800 / Maximum 2,000 Overall Height (mm) Minimum 1,400 / Maximum 1,600

3) Seating Capacity Minimum 5 passengers

4) Power (ps/rpm):

Minimum 140/5,000

5) Gasoline and Electric Powered (Hybrid)

6) Left hand drive

7) Heat/Air Conditioner

8) Transmission System:

Automatic transmission

9) Spare tire with tire changing tools

10) Fire extinguisher, snow chains, air bag and floor mat

11) Red emergency flare with triangle reflectors

12) Tinted Side and Back windows

CLIN 0001AC: Full Size Luxury Sedan

1) Engine Displacement:

6 cylinder engine larger than 3,700cc (no larger than 6,000cc)

2) Minimum Dimensions:

Overall Length (mm) Minimum 4,900 Overall Width (mm) Minimum 1,800 Overall Height (mm) Minimum 1,400

3) Seating Capacity:

Minimum 5 passengers

4) Power (ps/rpm):

Minimum 300/5,000

5) Gasoline Powered

6) Left hand drive

7) Heat/Air Conditioner

8) Exterior Color:

Manufacturer’s standard black

9) Seats:

Leather seats

10) Transmission System:

Automatic transmission

11) Spare tire with tire changing tools

12) Fire extinguisher, snow chains, air bag and floor mat

13) Red emergency flare with triangle reflectors

14) Tinted Side Back windows

15) Black box camera installed

CLIN 0002: PASSENGER VANS

CLIN 0002AA: Passenger Van; Luxury; 7-9 PAX

1) Engine Displacement:

6 cylinder engine larger than 3,200cc

2) Minimum Dimensions:

Overall Length (mm) Minimum 5,100 Overall Width (mm) Minimum 1,900 Overall Height (mm) Minimum 12,000

3) Seating Capacity:

Minimum 7 passengers

4) Gasoline Powered

5) Left hand drive

6) Heat/Air Conditioner

7) Exterior Color:

Manufacturer’s standard black

8) Seats:

Leather seats

9) Transmission System:

Automatic transmission

10) Spare tire with tire changing tools

11) Fire extinguisher, snow chains, air bag and floor mat

12) Red emergency flare with triangle reflectors

13) Tinted Side and Back windows

14) Black box camera installed

15) In-Dash Navigation

16) Backup Camera

CLIN 0002AB: Passenger Van; 4WD; 11-12 PAX

1) Engine Displacement:

4 cylinder engine larger than 2,400cc

2) Minimum Dimensions:

Overall Length (mm) Minimum 5,100 Overall Width (mm) Minimum 1,900 Overall Height (mm) Minimum 12,000

3) Seating Capacity:

Minimum 11 passengers

4) Diesel Powered

5) Left hand drive

6) Heat/Air Conditioner

7) Transmission System:

Automatic transmission

8) Spare tire with tire changing tools

9) Fire extinguisher, snow chains, air bag and floor mat

10) Red emergency flare with triangle reflectors

11) Tinted Side Back windows

CLIN 0002AC: Passenger Van; 2WD; 11-12 PAX

1) Engine Displacement:

4 cylinder engine larger than 2,400cc

2) Minimum Dimensions:

Overall Length (mm) Minimum 5,100 Overall Width (mm) Minimum 1,900 Overall Height (mm) Minimum 12,000

3) Seating Capacity:

Minimum 11 passengers

4) Diesel Powered

5) Left hand drive

6) Heat/Air Conditioner

7) Transmission System:

Automatic transmission

8) Spare tire with tire changing tools

9) Fire extinguisher, snow chains, air bag and floor mat

11) Tinted Side and Back windows

CLIN 0003: SPORT UTILITY VEHICLES (SUV)

CLIN 0003AA: SUV 4WD

1) Engine Displacement:

4 cylinder engine larger than 1,900cc (no larger than 3,000cc)

2) Minimum Dimensions:

Overall Length (mm) Minimum 4,700 Overall Width (mm) Minimum 1,800 Overall Height (mm) Minimum 1,600

3) Seating Capacity:

Minimum 5 passengers

4) Diesel Powered

5) Left hand drive

6) Heat/Air Conditioner

7) Transmission System:

Automatic transmission

8) Spare tire with tire changing tools

9) Fire extinguisher, snow chains, air bag and floor mat

10) Red emergency flare with triangle reflectors

11) Tinted Side and Back windows

CLIN 0003AB: SUV 2WD

1) Engine Displacement:

4 cylinder engine larger than 1,900cc (no larger than 3,000cc)

2) Minimum Dimensions:

Overall Length (mm) Minimum 4,700 Overall Width (mm) Minimum 1,800 Overall Height (mm) Minimum 1,600

3) Seating Capacity Minimum 5 passengers

4) Diesel Powered

5) Left hand drive

6) Heat/Air Conditioner

7) Transmission System:

Automatic transmission

8) Spare tire with tire changing tools

9) Fire extinguisher, snow chains, air bag and floor mat

11) Tinted Side and Back windows

CLIN 0004: TRUCKS

CLIN 0004AA: 1 Ton Truck; 4X4; 4-Door; Flat Cargo Bed

1) Engine Displacement:

2,400cc or more

2) Minimum Dimensions:

Overall Length (mm) Minimum 5,100 Overall Width (mm) Minimum 1,700 Overall Height (mm) Minimum 1,990

3) Seating Capacity Minimum 6 passengers

4) Cargo Load Capacity (kg) Minimum 1,000

5) Diesel Powered

6) Left hand drive

7) Heat/Air Conditioner

8) Transmission System:

Automatic transmission

9) Spare tire with tire changing tools

10) Fire extinguisher, snow chains, air bag and floor mat

11) Red emergency flare with triangle reflectors

12) Tinted Side and Back windows

CLIN 0004AB: 1 Ton Truck; 4X2; 2-Door; Flat Cargo Bed

1) Engine Displacement:

2,400cc or more

2) Minimum Dimensions:

Overall Length (mm) Minimum 5,100 Overall Width (mm) Minimum 1,700 Overall Height (mm) Minimum 1,990

3) Seating Capacity Minimum 2-3 passengers

4) Cargo Load Capacity (kg) Minimum 1,000

5) Diesel Powered

6) Left hand drive

7) Heat/Air Conditioner

8) Transmission System:

Automatic transmission

9) Spare tire with tire changing tools

10) Fire extinguisher, snow chains, air bag and floor mat

11) Red emergency flare with triangle reflectors

12) Tinted Side and Back windows

CLIN 0004AC: 1 Ton Truck; 4X2; 4-Door; Flat Cargo Bed

1) Engine Displacement:

2,400cc or more

2) Minimum Dimensions:

Overall Length (mm) Minimum 5,100 Overall Width (mm) Minimum 1,700 Overall Height (mm) Minimum 1,990

3) Seating Capacity Minimum 6 passengers

4) Cargo Load Capacity (kg) Minimum 1,000

5) Diesel Powered

6) Left hand drive

7) Heat/Air Conditioner

8) Transmission System:

Automatic transmission

9) Spare tire with tire changing tools

10) Fire extinguisher, snow chains, air bag and floor mat

11) Red emergency flare with triangle reflectors

12) Tinted Side and Back windows

CLIN 0004AD: 1 Ton Truck; 4X4; Telephone Truck or Equivalent

1) Engine Displacement:

4 cylinder engine 2,400cc or more

2) Minimum Dimensions:

Overall Length (mm) Minimum 4,800 Overall Width (mm) Minimum 1,700 Overall Height (mm) Minimum 1,900

3) Seating Capacity Minimum 3 passengers

4) Payload (kg):

Minimum 800

5) Diesel Powered

6) Storage compartment available on bed of truck

7) Left hand drive

8) Transmission System:

Manual transmission

9) Spare tire with tire changing tools; tinted window glass

10) Fire extinguisher, snow chains

11) Red emergency flare with triangle reflectors

CLIN 0005: Bus, 44-47 Passenger, Diesel Engine

1) Engine Displacement:

6 cylinder engine at least 9,500cc

2) Minimum Dimensions:

Overall Length (mm) Minimum 10,000 Overall Width (mm) Minimum 2,400 Overall Height (mm) Minimum 3,100

3) Seating Capacity Minimum 44 passengers

4) Diesel Powered

5) Left hand drive

6) Seat Belt:

Plain type not rolling type

7) Seats:

Artificial leather seats

8) Transmission System:

Manual transmission

9) Spare tire with tire changing tools, automatic grease lubricator, tinted window glass

10) Fire extinguisher, snow chains, air bag and floor mat

11) Red emergency flare with triangle reflectors

12) Black Box Camera Installed

13) Back warning system, air conditioner (5 Fan), Heater, inner lamp-line light type

14) At least 32’ TV set with DVD player, TV inverter, DMB antenna

ADDITIONAL REQUIREMENTS COMMON TO ALL CLINS:

1. Warranty:

- Bumper-to-bumper (Minimum 3yrs or 60,000km, whichever comes first)

- Powertrain (Minimum 5yrs or 100,000km, whichever comes first).

2. Certification and Technical Publications:

- Certificate of manufacturer specifying USFK as the 1st vehicle owner

- Temporary license plate for each vehicle installed prior to delivery

- Operator’s and technical manual for each vehicle (parts catalog and service manual) in Hangul (English version if available) provided with each vehicle at the time of delivery.

ORDERING PERIOD AND AWARD TYPE

The ordering period for these BPAs shall consist of five (5) 12-month ordering periods for a total of 60 months. Each of the contemplated multiple BPAs shall have the same ordering periods. The contracting officer shall review each BPA at a frequency of no less than once every 12 months in order to determine whether the BPAs are still effective, represent the best value to the government, and if estimated quantities have been exceeded, whether additional price reductions can be obtained.

Each BPA shall allow for BPA orders that are firm fixed price. Pricing will be based on price lists attached to each BPA. Prices may be discounted from the price lists but may not exceed those on the price lists.

DELIVERY

Deliveries may occur at any of the USFK installations in the Republic of Korea. Delivery instructions shall be provided with each BPA call order.

OBLIGATION OF FUNDS

The BPA does not obligate any funds. Funds will be obligated by placement of individual BPA call orders. The government is obligated only to the extent of call orders placed under the established BPA by personnel authorized to do so.

ORDER PLACEMENT

The solicitation and placement of BPA call orders under the BPAs is not guaranteed. All BPA call orders shall be placed by a warranted contracting officer assigned to the 411th Contracting Support Brigade.

Contractors shall submit a response on all BPA call order requests for quote. If a contractor does not intend to submit a quote on a BPA order request for quotes, the contractor shall respond to the solicitation with a “No Bid” response and include a brief explanation as to the reason for the “No Bid.”

All BPA call orders will follow the ordering procedures of FAR 13.303-5.

OFF-RAMPING (BPA Cancellation)

The government reserves the unilateral right to cancel a BPA if it is determined to be in the government’s best interest. Examples of why the government may elect to cancel a BPA include but are not limited to the following:

1. Contractors Debarred, Suspended, or Ineligible as defined in FAR 9.4.

2. Contractors who fail to consistently provide a response to Requests for Quote. This is defined as failing to respond to a RFQ five (5) consecutive times in an ordering period or seven (7) times in a 12-month period regardless of whether that time period crosses ordering periods.

3. Contractors who fail to comply with BPA call order requirements.

The BPA is not a contract. Either the administering contracting officer or a BPA holder may cancel the BPA upon 30 days’ written notice to the other party. The placement of BPA call orders is not guaranteed.

Upon cancellation of a BPA, no new orders shall be awarded after the effective date of the cancellation. However, BPA cancellation does not release the BPA contractor from the duty to continue performance on existing call orders. Ongoing BPA call orders shall continue in accordance with their own terms and conditions.

ON-RAMPING (New BPA awards)

The government reserves the right to reopen this RFQ in order to establish additional BPAs if the contracting officer determines it to be in the best interest of the government.

Reopening the solicitation may be conducted in order to increase competition or achieve other government interests or requirements.

The reopening of the solicitation (on-ramping) shall be achieved via a solicitation amendment. The amended solicitation may have a reduced term in order to permit co-termination of any new BPAs with existing BPAs. It is the government’s intent to evaluate quotes received in response to the reissued/reopened BPA RFQ in accordance with the evaluation factors in this original BPA RFQ; those evaluation factors and other instructions if any shall be detailed in the reissued/reopened RFQ. Quotes submitted in response to a previous solicitation shall not be re-evaluated. Contractors must respond to the solicitation amendment in order to be considered for an on-ramp award.

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions – Commercial Items OCT 2018 52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Deviation 2013-O0019) 52.225-14 Inconsistency between English Version and Translation of Contract

FEB 2000

52.222-50 Combatting Trafficking in Persons MAR 2015 52.233-1 Disputes MAY 2014 52.233-3 Protest after Award AUG 1996 252.204-7003 Control of Government Personnel Work Product APR 1992 252.225-7041 Correspondence in English JUN 1997 252.225-7042 Authorization to Perform APR 2003

CLAUSES INCORPORATED BY FULL TEXT

52.222-50 Combating Trafficking in Persons (MAR 2015) ALTERNATE I (MAR 2015) As prescribed in 22.1705(b), substitute the following paragraph in place of paragraph (c)(1)(i) of the basic clause:

(c)(1)(i) (A) The United States Government's zero tolerance policy described in paragraph (b) of this clause; and (B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below:

Document Title: USFK Regulation 190-2 Document may be obtained from:

http://8tharmy.korea.army.mil/g1_AG/Programs_Policy/UploadedFile/USFK/USFK_Reg_19 0-2_Off-Limits_Areas_and_Establishments.pdf

Document Title: USFK Command Policy Letter #12 Document may be obtained from:

http://www.usfk.mil/usfk/Uploads/140/USFK%20CPL12.pdf

Applies to Performance in/at: Republic of Korea

(end of clause)

52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address:

http://farsite.hill.af.mil/vffara.htm.

(end of clause)

5152.222-4034 KOREAN LABOR LAW

http://8tharmy.korea.army.mil/g1_AG/Programs_Policy/UploadedFile/USFK/USFK_Reg_190-2_Off-Limits_Areas_and_Establishments.pdf http://8tharmy.korea.army.mil/g1_AG/Programs_Policy/UploadedFile/USFK/USFK_Reg_190-2_Off-Limits_Areas_and_Establishments.pdf http://www.usfk.mil/usfk/Uploads/140/USFK%20CPL12.pdf http://farsite.hill.af.mil/vffara.htm

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 non-responsibility.

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.

(end of clause)

5152.229-4013 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

(end of clause)

5152.229-4014 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.

(end of clause)

5152.229-4015 TAX EXEMPTION, POL PRODUCTS, REPUBLIC OF KOREA

(a) This clause is in implementation of Article XVI of the Status of Forces Agreement between the Republic of Korea and the United States of America, granting Contractors exemption from Republic of Korea taxes for petroleum products (POL) utilized on USFK acquisitions in the Republic of Korea. At the time this contract is awarded, the Contractor shall make a final nomination in writing of its point of purchase for POL products to be used on this contract. If the Contractor intends to purchase directly from an oil company refinery, it may nominate any of the three ROK oil companies below which have agreed to sell to Contractor FOB refinery at the SET-exempt price.

List of Oil Companies and their Respective Tax Offices

(1) Hyundai Oil Refinery Co., Ltd.: Dong-Inchon District Tax Office ATTN: POL Tax Administrator Inchon City, Korea

(2) SK Corporation: Ulsan District Tax Office ATTN: POL Tax Administrator Ulsan City, Kyongsan Nam Do, Korea

(3) LG Caltex Company: Yeosu District Tax Office ATTN: POL Tax Administrator Yeosu City, Chonla Nam Do, Korea

(b) If the contractor instead intends to purchase its POL products from an individual gasoline station, the Contracting Officer will advise the contractor as to which individual gasoline stations will sell to it at the SET-exempt price. The contractor shall specify from which of those stations it will purchase. In addition to specifying the oil company/gas station, the Contractor shall state the estimated quantity and the amount of POL to be purchased from each refinery/gas station. The USFK Contracting Officer will verify the reasonableness of the amounts of POL products claimed for use on the contract and, based on this verification, the USFK Responsible Officer will issue USFK POL Tax Exemption Coupons. If the Contractor wishes to purchase from an individual gas station, it will be required to make advance payment for the amount of POL covered by the coupons. Advance payment will be at the SET-exempt price and will be made to the gas station(s) previously nominated.

Representatives from the nominated gas station(s) shall be present at the issuing session.

They will collect the advance payments, mark “paid” on the back of the original copy of the coupons issued, and provide the purchasing Contractor with tax invoices to be used by the Contractor to obtain SET refund from its 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 gas stations, which have previously collected POL payment in advance will accept the pre-paid USFK POL Tax Exemption Coupons from contractors and will provide the POL amounts reflected on tendered coupons without any further charge.

5152.232-4028 Funding of ROK MND Contracts

(a) This is 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) Funding advisement: This contract, any modifications (including exercise of option(s)) thereto, and any delivery or task orders thereunder, shall be paid with ROK funds and shall cite “MOA Contract - funded by ROK MND” (in lieu of citing appropriations and accounting data). No U.S. funds, appropriated or other, are or will be obligated under this contract.

(c) Limitation of US liability: The U.S. Government shall incur no liability, and no appropriated or other funds of the United States shall be obligated, for payment for services, supplies, claims, or other costs arising out of or under this contracts, delivery or service orders, exercises of options, or other modifications.

(d) Identification of invoices: Contractor shall state clearly “MOA Contract - funded by ROK MND” on all invoices for performance under contracts, delivery or service orders that are designated as “MOA Contract - funded by ROK MND.”

(e) Funding carry-over:

(1) The Contractor will make every reasonable effort to obtain completion of all performance under the contract and to obtain, approve, and forward Contractor’s invoices under the contract before the end of the calendar year of the contract. In the event that any work initiated under the contract cannot be completed by the end of the calendar year, the Contractor shall furnish the Contracting Officer and USFK, ATTN: FKJ4-P-G, not later than 30 November, the following information:

(i) A list of work that apparently will not be completed and invoiced by, and apparently will require payments after, the end of the calendar year;

(ii) Estimated price of work that apparently will be carried beyond the calendar year; and

(iii) Date of anticipated completion of the work.

(2) The ROK MND shall seek mutually agreeable procedures for payment for work carried over to the next calendar year.

(f) Availability of ROK Funds for the Next Calendar Year:

(1) This contract is funded with calendar year ROK MND funds, from date of award through 31 December of the year in which the contract is awarded and/or into which the contract is extended. ROK MND funds are not available for performance, under this contract, beyond 31 December of the current contract’s calendar year period. Any obligation and/or legal liability on the part of ROK MND for the next calendar year’s performance, including exercise of any option to extend the services/contract, is contingent upon the Contracting Officer’s explicit notification to the Contractor of availability of that new calendar year’s ROK MND funds, from which contractual payment(s) can be made.

(2) Unavailability of ROK MND funds until a few months into the new calendar year may necessitate a break in performance of the contract until those funds become available. In the event of a break in performance because of unavailability of the new calendar year’s ROK MND funds for obligation under the contract, that break in performance shall not be deemed a breach or default of the contract.

(end of clause)

5152.233-4008 Choice of Law and Disputes under ROK MND Contracts

(a) This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with U.S. law.

(b) All disputes arising under, or relating to, this contract shall be resolved under this clause.

(c) “Claim,” as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant; however, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the clause until certified as required by subparagraph (e)(2) below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the clause. The submission may be converted to a claim under the clause, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(d) The contractor shall have the right to submit to the Contracting Officer, disputes, demands, and/or claims, relating to or arising under this contract, only on the issue of whether the Government should and will certify performance, for payment by the ROK Government. The contractor shall not submit to the U.S. Government, nor will the Contracting Officer accept, any disputes, demands, or claims for compensation for work, which the U.S. Government has certified as completed.

(e) Procedures

(1) A claim by the contractor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a decision by the Contracting Officer.

(2) For contractor’s claims exceeding $100,000, the contractor shall submit with the claim a certification that –

(i) The claim is made in good faith;

(ii) Supporting data are accurate and complete to the best of the contractor's knowledge and belief; and

(iii) The amount requested accurately reflects the contract adjustment for which the contractor believes the Government is liable.

(3) Individuals

(i) If the contractor is an individual, the certification shall be executed by that individual.

(ii) If the contractor is not an individual, the certification shall be executed by –

(A) A senior company official in charge at the contractor's plant or location involved; or

(B) An officer or general partner of the contractor having overall responsibility for the conduct of the contractor's affairs.

(f) For contractor’s claims of $100,000 or less, the Contracting Officer will, if requested in writing by the contractor, render a decision within 60 days of the request. For contractor-certified claims over $100,000, the Contracting Officer will, within 60 days, decide the claim or notify the contractor of the date by which the decision will be made.

(g) The Contracting Officer's decision shall be final unless the contractor appeals the decision within 30 days of the Contracting Officer's decision, to the Senior Contracting Official (SCO). In the event that the contractor does appeal the decision of the contracting officer, the appeal shall be heard by and decided by the SCO and/or a panel of U.S. officials, chaired by the SCO. The decision of this panel shall be final, and the parties agree that there are no additional appeal rights. The parties waive their rights to pursue any claim, appeal, or action arising from or relating to this contract, before any other civil court, board, authority, or other adjudicative body.

(h) The contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, or action arising under the contract, and comply with any decision of the Contracting Officer.

(i) This contract is not subject to the Contract Disputes Act of 1978, as amended (41 U.S.

Code, Sections 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved only in accordance with this local clause, 5152.233- 4008.

PROVISIONS INCORPORATED BY REFERENCE

52.204-6 Unique Entity Identifier OCT 2016 52.214-34 Submission of Offers in the English Language APR 1991 52.212-1 Instructions to Offerors – Commercial Items (Jan 2017) 52.216-27 Single or Multiple Awards OCT 1995

PROVISIONS INCORPORATED BY FULL TEXT

52.233-2 Service of Protest (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

411th Contracting Support Brigade ATTN: Contracting Officer Unit 15289

APO AP 96271-5589

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(end of provision)

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The quoter is cautioned that the listed provisions may include blocks that must be completed by the quoter and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the quoter may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address:

http://farsite.hill.af.mil/vffara.htm.

(end of provision)

5152.233-4703 AMC-Level Protest Program If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. If http://farsite.hill.af.mil/vffara.htm you want to file a protest under the AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be sent to the contracting officer for resolution.

Headquarters U.S. Army Materiel Command Office of Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Facsimile number (256)450-8840

The AMC-Level protest procedures are found at:

http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp

If Internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.

(end of provision) http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp

Addendum to FAR 52.212-1 Instructions to Offerors – Commercial Items

OFFER SUBMISSION

All quotes should be emailed to Robert S. Lee at Robert.s.lee60.mil@mail.mil by the closing date listed after the solicitation is issued. The electronic quote shall be submitted by 1300 hrs on the closing date of RFQ. All quotes must be received by the closing date specified in the solicitation in order to be considered for award.

Unless stated otherwise in this solicitation, non-price quote information shall be submitted in Adobe (.pdf) format. Pricing information shall be submitted in a spreadsheet type format, such as Microsoft Excel. Non-price and price information shall be submitted in separate files.

The combined size of the two files shall not exceed ten (10) megabytes (MB) in size. Where page limits are imposed, the government will not evaluate submitted pages beyond the page limit. Page limits shall not include cover pages or tables of content. Page limits shall include any appendices or attachments.

Quoters shall submit a technical volume. The technical volume shall contain non-price information and explain how the quoter shall meet requirements in the solicitation. Factor 1 (Technical) shall be evaluated using this volume. The technical volume shall contain specifications, including intended make and model, for each vehicle type listed in the SOW.

The offeror shall also submit a plan which includes documented evidence that the offeror will be able to obtain the vehicle manufacturer’s certificate specifying the USFK as the first owner and which demonstrates the offeror’s capability to perform the requirements of this solicitation.

The technical volume shall be no longer than ten (10) pages in length.

Quoters shall also submit a business volume. The quoter’s business volume shall contain a cover letter formalizing the quote and include the quoter’s point of contact information. The business volume shall include all information required by the solicitation not included in the technical volume, such as representations. The business volume shall include a completed price list for each of the vehicle types listed. The volume shall also contain an unambiguous statement that the quoter agrees to all clauses, terms, or conditions (including all SOW requirements) as shown in the solicitation.

The business volume does not have a page limit.

Regarding Factor 2, Price, quoters shall include within the business volume their pricing information. Factor 2 shall be evaluated using this volume. Quoters should provide a narrative explaining any assumptions made when developing their prices. This information shall be included in the business volume.

All pricing information shall be included in the business volume. No pricing information shall be accepted if it is part of the technical volume.

Quoters shall submit their pricing on an editable document, such as Microsoft Excel. The completed pricing document shall include information for the base and all option periods.

Since it is the government’s intent to award without exchanges, quoters are encouraged to provide their best pricing with their initial submission.

EVALUATION AND BASIS FOR AWARD

Upon receipt of quotes, the contracting officer shall review each quote for completeness and determine whether each quote is submitted 1) without any material deficiencies that cannot be corrected by clarifications, 2) with all items requested in the solicitation, 3) with all items submitted in the proper format identified in the solicitation, and 4) with all items provided by the closing time in the solicitation. Incomplete quotes or quotes not submitted in accordance with the instructions in this solicitation will not be considered for further evaluation.

This procurement is being conducted in accordance with FAR Part 12 and 15. Best value shall be determined by selecting the lowest priced, technically acceptable offers that are responsible and compliant with the terms of the solicitation. The government reserves the right to make awards without exchanges, but may hold exchanges if necessary.

The government intends to issue multiple BPAs based on initial quotes. Quotes should contain the contractor’s best terms. The government may, at its discretion, confer with a quoter to clarify quote details. Finally, the government reserves the right to not issue any BPAs whatsoever.

There are two (2) evaluation factors for this procurement:

(1) Technical and

(2) Price.

Award will be made to the responsible offeror(s) submitting the lowest priced, technically acceptable (LPTA) offers that satisfy all terms and conditions of this solicitation. The Government reserves the right to make fewer or more awards based on the evaluation of proposals submitted. The Government reserves the right to make a technical acceptability determination without any discussions with the offerors.

Pricing shall be evaluated for reasonableness in accordance with any of the procedures identified in FAR 15.404. The price factor shall not receive a rating. However, based on the evaluation of the proposed prices, the Government will determine if the proposed price and scope of work are compatible and if adequate estimating methodologies were used.

Proposals which are unreasonably high in price may be rejected as they may indicate an inherent lack of technical competence or indicative of a failure to comprehend the solicitation requirements. Proposals with a rejected price quote will not be considered for award.

Multiple and Partial Quotes: Partial quotes will be accepted. Offerors are not required to quote on all items. Offerors are allowed to provide a partial quotes based upon their capability. The Government reserves the right to make multiple awards if doing so is determined to be in its best interest.

EVALUATION FACTOR CRITERIA

Quote Submission - Addendum to FAR 52.212-1, Instructions to the Offeror(s) (JUN 2008)

The offeror(s) shall submit the following requirements. A failure to submit the following requirements will be grounds for determining the offer to be incomplete and ineligible for contract award.

Factor 1: Technical

Specifications. The government shall evaluate the detailed specifications and catalog cuts for the quoted items in order to determine if the items meet the minimum specifications in the solicitation.

Plan to obtain and provide manufacturer’s certificate. The government shall evaluate the technical volume to determine if the offeror plan to obtain the vehicle manufacturer’s certificate specifying the USFK as the first owner is sufficient. The government shall determine if the plan demonstrates the offeror’s capability to perform the requirements of this solicitation.

Factor 2: Price

The government shall evaluate pricing for reasonableness using any of the methods in FAR 15.404.