W91QVN-21-R-0011-0003.pdf

W8120T02690001

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)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The purpose of this amendment is to revise the LCS program language in the solicitation. The solicitation closing date is also changed. See the next pages for details.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 7

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

16C. DATE SIGNED

BY 21-May-2021

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. 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 W91QVN21R0011

X 9B. DATED (SEE ITEM 11)

03-Dec-2020

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 X is extended, 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

21-May-2021

CODE

411TH CONTRACTING SUPPORT BRIGADE, KOREA

CONSTRUCTION & SUPPLY DIV, UNIT #15289

APO AP 96271

UNITED STATES

W91QVN 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W91QVN21R0011

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 12-Jan-2021 01:00 PM to 08-Jun-2021 01:00 PM.

The following have been modified:

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

BID INFORMATION & REQUIREMENT

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

BID INFORMATION & REQUIREMENT

1. Offers shall be submitted by email to myonghui.kang1.ln@mail.mil and CC to shawn.t.jenkins.civ@mail.mil NLT 1300 hours (Korea Time) on the closing date of RFQ. . Please include the solicitation number (or RFQ number) in the subject line on the email. The electronic offer shall be submitted by 13:00 hrs (Local Korea Time) on the closing date of RFQ.

All questions should be emailed to a myonghui.kang1.ln@mail.mil and shawn.t.jenkins.civ@mail.mil within 2 days after the solicitation is issued.

2. The contractor shall submit detailed specifications for the quoted items. As part of the offer, each salient characteristic must be addressed in order for the offeror’s quote to be considered valid and acceptable. Offerors who fail to submit all of the specified information will not be considered for award.

3. The offeror(s) shall submit the following requirements IAW Para 1 above.

►Factor A. Technical Capability: Item Description/Specifications: Quoter shall provide description/specification of each listed item including manufacturer name and model/part number. Offered products must meet, or exceed, the salient physical, functional, or performance characteristic specified in the RFQ.

►Factor B. Past Performance Information: The offeror shall provide a list of all contracts under which they delivered similar items within the last three (3) years. The offeror shall provide below content when providing past performance information.

1) Company Name

2) Contract number

3) Total dollar/won value

4) Contract award date

5) Title of contract

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

►Factor C. Price Schedule: Offerors shall submit pricing for all line items in the solicitation. The total price proposed for all line items will be the total proposed price used for all line items.

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

4. Offers shall also include the information listed below:

In order to establish eligibility for a LCS contract, the offeror shall submit the documents listed below with their offer 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.

a. Prime Contractor Registration: The offeror shall submit its Certified Copy of Register ( ( )), as certified and submitted to the ROK Supreme Court ( ). In order to qualify as a Korean Contractor, the fourth block of the offeror's Certified Copy of Register [ ( )] must state an address that is physically located in the Republic of Korea.

b. Prime Contractor Stock Change Certification: The offeror shall submit its most recent Stock Change Certificate ( ), as certified and submitted to the ROK Local Tax Office ( ). The prime contractor’s Stock Change Certificate ( ) will be evaluated to determine if the prime contractor has a Parent (as defined in the International Agreement extract above).

NOTE: If the Prime Contractor has a Parent, the offeror shall submit the Parent’s Certified Copy of Register ( ( )) as certified and submitted to the ROK Supreme Court ( ). 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 ( ( )) must state an address that is physically located in the Republic of Korea.

c. If an Offeror does not have a Stock Change Certificate, to validate if an individual is “Korean nationality”, the following documents shall be submitted:

a) Business Registration ( )

b) Basic Certificate ( )

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

To summarize the requirements stated above:

An offeror that does not have a “Parent” will submit 2 documents to establish that the offeror is a Korean Contractor:

a) Offeror's Certified Copy of Register, and

b) Offeror's Stock Change Certificate.

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

a) Offeror's Certified Copy of Register,

b) Offeror's Stock Change Certificate, and

c) Parent's Certified Copy of Register.

An Offeror that does not have Stock Change Certificate will submit:

a) Business Registration,

b) Basic Certificate, and

c) Certificate of Business Fact.

5. Only contractors who are registered and have an active account at the System for Awards Management (SAM) https://www.sam.gov will be awarded a contract as a result of this solicitation. All contractors, offering under this solicitation MUST be registered. Offers, where the contractor is not registered may be rejected.

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

BASIS FOR AWARD

Award will be made to the responsible offeror submitting the lowest priced, technically acceptable (LPTA) offer that satisfies all terms and conditions of this solicitation. The following evaluation factors will be used to evaluate each offer: Each non-price factor will be rated as either acceptable or unacceptable. If any of factor is rated as unacceptable, the overall factor rating is unacceptable and the entire quote is unacceptable.

►Factor A. Technical Capability: The government shall evaluate technical offers to determine if the offered items meet or exceed the salient characteristics listed in this solicitation. An offer with items that do not meet the salient characteristics shall be determined to be unacceptable.

►Factor B. Past Performance Information: The government shall evaluate past performance to determine if the contractor was able to perform in a satisfactory manner on previous contracts for similar items. A contractor without a record of relevant past performance or for whom information on past performance is not available shall not be assigned a rating of acceptable or unacceptable.

►Factor C. Price: Price Analysis will be performed to determine if offered prices are fair and reasonable in accordance with FAR 13.106-3. The total price proposed for all line items will be the total proposed price used for all line items.

The representations submitted with the offer will be reviewed by the contracting officer for reasonableness and necessity to complete the work. The contracting officer may reject an offer if the offeror appears to improperly overstate any proposed tax exemptions or submitted pricing and cost data that appear to be unreasonable.

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

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.

The contract may be awarded without discussions with the contractors.

SAF NOTICE

SUBJECT TO THE AVAILABILITY OF FUNDS (SAF)

"FUNDS ARE NOT PRESENTLY AVAILABLE FOR THIS ACQUISITION. NO CONTRACT AWARD WILL

BE MADE UNTIL FUNDS ARE MADE AVAILABLE."

LCS FUNDED NOTICE

ELIGIBILITY FOR AWARD OF ROK MND CONTRACTS

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

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

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

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

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

b. An individual who has Korean nationality.

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

a. 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.

b. 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).

NOTE: 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.

c. If an Offeror does not have a Stock Change Certificate, to validate if an individual is “Korean nationality”, the following documents shall be submitted:

a) Business Registration (사업자 등록증)

b) Basic Certificate (기본 증명서)

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

4. To summarize the requirements stated above:

a. An offeror that does not have a “Parent” will submit 2 documents to establish that the offeror is a Korean Contractor:

a) Offeror's Certified Copy of Register, and

b) Offeror's Stock Change Certificate.

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

a) Offeror's Certified Copy of Register,

b) Offeror's Stock Change Certificate, and

c) Parent's Certified Copy of Register.

c. An Offeror that does not have Stock Change Certificate will submit:

a) Business Registration,

b) Basic Certificate, and

c) Certificate of Business Fact.

(End of Summary of Changes)