W91QVN-21-R-0198-0001 Amendment.pdf

W582LE1152N904

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

See Next Page.

1. CONTRACT ID CODE PAGE OF PAGES

1 9

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

16C. DATE SIGNED

BY 24-Nov-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 W91QVN21R0198

X 9B. DATED (SEE ITEM 11)

18-Nov-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

22-Nov-2021

CODE

411TH CONTRACTING SUPPORT BRIGADE, KOREA

SERVICES 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:

W91QVN21R0198

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0001

a. The purpose of this amendment is to incorporate followings.

(1) The local clouse 5152.204-4032, REPRESENTATIONS AND CERTIFICATIONS, is added as full text.

(2) The paragraph 2.4.(d) of Addendum to FAR 52.212-1 is changed as follows:

From: (d) Local Clause 5152.204-4032, REPRESENTATIONS AND CERTIFICATIONS: The offeror shall provide a complete Local clause 5152.204-4032 and Technical Exhibit A (POL Estimate).

To: (d) Local Clause 5152.204-4032, REPRESENTATIONS AND CERTIFICATIONS: The offeror shall provide a complete Local clause 5152.204-4032.

b. All other terms and conditions remain unchanged.

5152.204-4032 REPRESENTATIONS AND CERTIFICATIONS

(a) SUBCONTRACTING:

If the offeror contemplates subcontracting, it must obtain prior written approval of subcontractor from the PCO or

ACO, and list below: (1) the names and addresses of the subcontractor(s), (2) the type of subcontracting, and (3) the estimated price for each subcontract.

(b) AFFILIATED OFFERORS:

(1) Business concerns are affiliates of each other when, either directly or indirectly, one concern controls or has the power to control the other, or a third party controls or has the power to control both.

(2) Each offeror shall furnish, below, the following information:

(i) Whether the offeror has any affiliates;

(ii) The names and addresses of all affiliates of the offeror; and

(iii) The names and addresses of all persons and concerns exercising control or ownership of the offeror and any or all of its affiliates, and whether they are common officers, directors, stockholders holding controlling interest, or otherwise.

AFFILIATED CONCERNS. : (Name, location and, in detail, controlling interest in each)

(c) PRINCIPAL OWNER(S) OR STOCKHOLDER(S):

Each offeror shall list below the name(s) and address(es) of the principal owner(s) or stockholder(s) of the company and percentage of ownership. If a major portion is publicly traded and/or otherwise widely distributed, state that, with the percentage so affected.

(d) STANDARDS OF CONDUCT CERTIFICATION:

This is to certify that, to the best of my knowledge and belief, except as described below, no representative of this firm who deals with US Government employees on any aspect of this procurement is a former US Government employee, to include former US military personnel. I understand that this certification is continuing in nature and places a duty on me and my firm to notify the Contracting Officer of any additional individual(s) who fit the above description prior to the individual's assuming duties.

(i) Name ______________________________________________

Former rank/grade ____________________________________

Last US Government position ___________________________

(ii) Name ______________________________________________

(iii) Name ______________________________________________

Firm ____________________________________________________

Name _____________________________________________________

Signature __________________________________________________

Title _____________________________________________________

Date of Execution ____________________________________________

(e) TAXES:

(1) References:

(i) Contract clause entitled "FAR 52.229-06 Taxes—Foreign Fixed-Price Contracts (Jan 1991)."

(ii) US-ROK Status of Forces Agreement (SOFA), Articles IX and XVI.

(iii) ROK Customs Law, Law No. 1976, promulgated on 29 November 1967, as amended.

(iv) ROK Value Added Tax Law, Law No. 2934, promulgated on 22 December 1976 (effective date 1 July 1977), as amended.

(v) ROK Special Excise Tax Law, Law No. 2935, promulgated on 22 December 1976 (effective date 1 July 1977), as amended.

(2) Contractor shall state the types and estimated amount of taxes that would normally apply to such transactions but are excluded from this proposal.

(i) Customs Tax (except for ROK MND-funded contracts or delivery orders):

Name Number Cost/Unit of Item of Units w/o Tax % of Tax Tax/Unit Tax Total

This item will be imported specifically for this contract? Yes _____ No _____

(ii) Special Excise Tax:

Name Number Cost/Unit of Item of Units w/o Tax % of Tax Tax/Unit Tax Total

Name of item manufacturer

(iii) Value Added Tax (VAT):

Input VAT on materials purchased for this contract. 10% _____

Input VAT on transportation leased/rented for this contract.10% _____

Input VAT on equipment leased/rented for this contract. 10% _____

Input VAT on services purchased for this contract. 10% _____

Output VAT on total contract amount. 10% _____

(iv) Special Excise (Petroleum) Tax:

No. of U/P

Liters w/o Tax Tax/Unit Total Tax Amount

Regular Gasoline ________ (L) ________ w________ w_____________

Premium Gasoline ________ (L) ________ w________ w_____________

Diesel ________ (L) ________ w________ w_____________

Other ________ (L) ________ w________ w_____________

(v) Education Tax.

(3) Name of the oil company from which POL products will be purchased:

Oil Company: _________________________________________ (Name only)

(4) I certify by this submission that all supplies and services to be purchased for this contract have been proposed exclusive of Value Added Tax, applicable Customs Tax (except ROK MND-funded contracts and delivery orders), Special Excise Tax, and Education Tax.

Signed (Chop)

(f) CERTIFICATIONS AND REPRESENTATIONS

By submitting an offer, each offeror agrees to be bound by all certifications and representations in this solicitation.

The Government reserves the right to require any and all certifications and representations to be completed and signed in hard copy by the successful offeror prior to contract award. Failure of an offeror to complete the certifications and representations within the time directed by the Contracting Officer may result in a determination that the contractor is not a responsible offeror for this acquisition.

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

ADDENDUM TO FAR 52.212-1

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

1. CONTRACT AWARD:

1.1. The Government intends to award a Requirement type contract for Ground Maintenance for Camp Casey

Enclave.

1.2. In accordance with FAR 52.212-1, Instructions to Offerors-Commercial Items (Jun 2020), the Government reserves the right, based on the Government's best interests, to make a determination to: 1) award without discussions; 2) make multiple or a single award for this requirement; 3) establish a competitive range in order to conduct discussions; or 4) make no award if, upon evaluation, none of the proposals are deemed likely to meet the requirements.

2. PROPOSAL SUBMISSION: Offerors' proposals shall adhere to the following instructions:

2.1. These instructions are designed to ensure submission of essential information in order for the Government to understanding and evaluate proposals. Offerors are cautioned to follow the detailed instructions fully and carefully, as the Government reserves the right to make award based on initial offers received, without discussions with

Offerors.

2.2. Offerors are cautioned to submit adequate information to enable the Government team to fully ascertain each

Offeror’s capability to perform all of the requirements identified in the solicitation. All commitments made in the proposal shall become a part of the resultant contract.

2.3. Offerors are required to submit a COMPLETE package through Email to Ms. Han, Chin Ok

(chinok.han.ln@mail.mil) and Mr. Shawn T. Jenkins (shawn.t.jenkins.civ@mail.mil) by 13:00 hours (local Korean

Time) by the closing date.

2.4. A complete offer package includes:

(a) Signed first page of the solicitation and each amendment.

(b) All information required for I-Technical, II-Past Performance and III-Price as supporting documentation for the non-price factor(s) specified in Addendum to FAR 52.212-1 and 52.212-2 of this solicitation.

FACTOR 1 – TECHNICAL CAPABILITY:

mailto:chinok.han.ln@mail.mil mailto:shawn.t.jenkins.civ@mail.mil

Sub-factor 1 – Prime Contractor’s Registration (Refer to PWS, Para 2.1.9.1): The offeror shall provide a copy of

Prime Contractor's valid/current registration in “Landscape and Planting (조경식재공사업)” or ‘Comprehensive

Landscaping Construction Registration (종합건설업중 조경공사업)” issued by the ROK Government.

Sub-factor 2 - Prime Contractor’s Prior Experience (Refer to PWS, Para 2.1.9.2): The offeror shall provide evidence of at least two (2) years of experience in performing ground maintenance services on scale that is the same or similar size based on the scope outlined in the solicitation requirement within the last seven (7) years from the solicitation closing date. The experience of Subcontractor cannot be substituted for the Prime Contractor’s experience. The offeror shall provide evidence of prior experience as required below:

- Title of the contract/Project

- A detail description of work completed

- Length of contract/Project (year/month/date – year/month/date)

- Value of contract/project in KW for total amount

- Complete name, phone number, and E-mail address of point of contact at Client Organization (Company) or

Requiring Activity (RA)

Sub-factor 3 – Contract Manager (Refer to PWS Para 2.1.10.1): The offeror shall provide CM’s resume with (i) at least two (2) years of experience as a CM in performing Ground Maintenance services within the last seven (7) years from the solicitation closing date, (ii) the CM shall provide a copy of current and valid license in Engineer

Landscape Architecture (조경기사) issued by the ROK Government.

* The resume for CM shall clearly identify information as required below:

- Name of CM

- Description of qualifying work experience

- Length of contract/project (year/month/date – year/month/date)

- Value of contract/project in KW for total amount

- Company Name/Employer, email/phone number of validating point of contact (POC)

- A copy of License

FACTOR 2 – PAST PERFORMANCE: The past performance factor considers the Offeror’s demonstrated recent and relevant record of performance in supplying services that meet the contract requirements. Past performance will be evaluated on an acceptable/unacceptable basis. Offerors are required to identify contracts, both commercial and government contracts for the same or similar service. The Government may ascertain past performance information on the Offeror from sources other than the contracts/references provided.

Recent Past Performance is defined as within the last seven (7) years as of the opening date of the solicitation.

Relevant past performance is performance that is the “same as or similar to” services identified in the PWS. Recent and relevant past performance should also be similar in size, scope, and complexity to the tasks in the PWS.

Offerors may submit past performance information for each major subcontractor (a major subcontractor is a subcontractor who contributes more than 10% towards the performance of the required proposed effort). Major subcontractor past performance must also be recent and relevant per the definitions in this solicitation.

The following information shall be included for each past performance reference as applicable:

a. The title of the contract/project

b. Contract No. for the Government/Commercial Performance

c. A clear description of qualifying experience

d. Length of contract/project (Year/Month/Date – Year/Month/Date)

e. Value of contract/project

f. Complete name of point of contact (including e-mail and phone number) at Client /RA

FACTOR 3, Price: The offeror shall complete the pricing information for each Contract Line Item Numbers

(CLINs) as specified in the solicitation.

(i) Pricing Information - A detailed price proposal is required in accordance with FAR 15.403-3(a) (1) for the reason of price reasonableness and to facilitate analysis.

(A) Supporting Information - Supporting data as is reasonably required to facilitate analysis and evaluation of the proposed rates, together with such references or footnotes as may be necessary to identify or cross-reference the specific support data shall be submitted to justify the amount proposed for each line item.

(B) Contract Line Item Price Summary - The offeror shall provide a price summary of the total project broken down by contract line item. The values which are presented for each contract line item will reflect the values entered in Schedule of Supplies/Services and Prices for each contract line item.

(ii) Proposed Prices - Proposed prices will be evaluated to determine if the estimate is balanced, reasonable, and complete to to assess the offeror's understanding of the solicitation. Any inconsistency, whether real or apparent between proposed performance and price, must be clearly explained in this volume of the proposal. For example, if unique and innovative approaches are the basis for an abnormally low price estimate, the nature of these approaches and their impact must be completely documented.

(c) FAR Clause 52.212-3, Alt I, OFFEROR REPRESENTATIONS AND CERTIFICATIONS-Commercial

Items: The offeror shall ensure a completed version of the provision is uploaded to the SAM.gov website per the instructions at FAR provision 52.204-7.

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

(e) Point of Contact (POC): Name(s) and telephone number, and e-mail address of person(s) authorized to conduct discussions/negotiations and to financially bind the company.

2.5. All questions should be emailed to the Contract Specialist Ms. Han at chinok.han.ln@mail.mil and Contracting

Officer at shawn.t.jenkins.civ@mail.mil. All offerors are reminded to submit any questions in response to this solicitation within 7 calendar days of the solicitation posting or two (2) calendar days after any scheduled site visit, whichever is later.

2.6. Confirmation of submittal requirement prior to the RFP closing date and time is offeror’s responsibility.

2.7. Failure to submit as required shall be grounds for determining the offer technically unacceptable, and ineligible for contract award.

2.8. The government reserves the right to make a contract award determination without any discussions with offerors. “All offerors interested in competing for this local requirement are required to submit their price proposal or quote, as applicable, in Korean Won (KW) only.”

2.9. Award will be made to the responsible offeror submitting the lowest priced, technically acceptable (LPTA) offer that satisfies all terms and conditions of this solicitation and who is determined to be responsible in accordance with

FAR 9.104-1.

2.10. 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 a contract resulting from this solicitation.

(b) 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:

1. 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

2. An individual who has Korean nationality.

(c) 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.

(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.

(4) To validate if an individual is “Korean nationality”, the following documents shall be submitted:

. Business Registration (사업자 등록증)

. Basic Certificate (기본 증명서)

. Certificate of Business Fact (사업사실증명서)

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

(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.

(3) An offeror that does not have Stock Change Certificate will submit: 1) Business Registration, 2) Basic

Certificate, and 3) Certificate of Business Fact.

3. Site Visit:

3.1. Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the price of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. The site orientation schedule is as follows:

Time and Place: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX.

3.2. Offeror shall submit the following information to Ms. Han, Chin Ok at chinok.han.ln@mail.mil by

XXXXXXX, 12:00 AM hours, for temporary access. After sending E-mail, offerors shall confirm with Ms. Han, Chin Ok at 0503-355-3360 (Commercial) if the e-mail is delivered to her e-mail account.

Name (s) Maximum of 2 individuals per offeror.

c. The attendee must bring a photo identification card (주민등록증 또는 운전면허증).

4. PRE-AWARD SURVEY:

A pre-award survey may be conducted on firms, to include joint venture partners and subcontractors indicating firm commitments to this acquisition, submitting proposals. The pre-award survey is to determine the prospective contractor’s responsibility in accordance with FAR Part 9.104-1. Information such as, financials, staffing plan and equipment/tools list, etc. may be requested as required by the Contracting Officer and the information shall be submitted within three (3) working days of the request.

NOTE 1: The proposals are intended to be evaluated, and award made, without discussions with the offerors unless discussions are later determined to be necessary.

End of ADDENDUM to FAR 52.212-1 INSTRUCTION TO OFFERORS – COMMERCIAL ITEMS

(End of Summary of Changes)