W91QVN23R0031.pdf

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W91QVN23R0031
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SEE ADDENDUM

(No Collect Calls)

W91QVN23R0031 07-Feb-2023

b. TELEPHONE NUMBER

315-755-2698

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 01 Mar 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W91QVN9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MS. SCHMIDT, REYHAN E.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

411TH CONTRACTING SUPPORT BRIGADE, KOREA

HUMPHREYS CONTRACTING DIVISION

UNIT 15289

APO AP 96271-5584

UNITED STATES

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE HQCWJT 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

DECA CAMP HUMPHRYES CDC

BLDG. P5545, UNIT#15472

APO AP 96271-5472

UNITED STATES

TEL: 757-1488 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$11,000,000

NAICS:

811310

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF60

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W91QVN23R0031

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0001 12 Months

MONTHLY PREVENTATIVE MAINTENANCE

FFP

Monthly preventative maintenance for various equipment at the Camp Humphrey's DeCA CDC IAW PWS para 3.

FOB: Destination

PSC CD: J039

ESTIMATED

NET AMT

UNIT UNIT PRICE ESTIMATED AMOUNT

0002 60 Job

EMERGENCY REPAIR

FFP

REQUIREMENTS CLIN

Emergency repair for various equipment at the Camp Humphrey's DeCA CDC IAW PWS para 4.

UNIT UNIT PRICE ESTIMATED AMOUNT

0003 12 Months

REPAIR/REPLACEMENT PARTS

FFP

REQUIREMENTS CLIN

Repair/replacement parts for various equipment at the Camp Humphrey's DeCA CDC IAW PWS para 5.

All offerors enter zero (0) on this CLIN in their proposals. The estimated amount is KRW1,600,000 per month.

UNIT UNIT PRICE ESTIMATED AMOUNT

0004 Each

WAR HAZARD

FFP

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

UNIT UNIT PRICE ESTIMATED AMOUNT

1001 12 Months

OPTION MONTHLY PREVENTATIVE MAINTENANCE

FFP

Monthly preventative maintenance for various equipment at the Camp Humphrey's DeCA CDC IAW PWS para 3.

UNIT UNIT PRICE ESTIMATED AMOUNT

1002 60 Job

OPTION EMERGENCY REPAIR

FFP

REQUIREMENTS CLIN

Emergency repair for various equipment at the Camp Humphrey's DeCA CDC IAW PWS para 4.

UNIT UNIT PRICE ESTIMATED AMOUNT

1003 12 Months

OPTION REPAIR/REPLACEMENT PARTS

FFP

REQUIREMENTS CLIN

Repair/replacement parts for various equipment at the Camp Humphrey's DeCA CDC IAW PWS para 5.

All offerors enter zero (0) on this CLIN in their proposals. The estimated amount is KRW1,600,000 per month.

UNIT UNIT PRICE ESTIMATED AMOUNT

1004 Each

OPTION WAR HAZARD

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

2001 12 Months

OPTION MONTHLY PREVENTATIVE MAINTENANCE

FFP

Monthly preventative maintenance for various equipment at the Camp Humphrey's DeCA CDC IAW PWS para 3.

UNIT UNIT PRICE ESTIMATED AMOUNT

2002 60 Job

OPTION EMERGENCY REPAIR

FFP

REQUIREMENTS CLIN

Emergency repair for various equipment at the Camp Humphrey's DeCA CDC IAW PWS para 4.

UNIT UNIT PRICE ESTIMATED AMOUNT

2003 12 Months

OPTION REPAIR/REPLACEMENT PARTS

FFP

REQUIREMENTS CLIN

Repair/replacement parts for various equipment at the Camp Humphrey's DeCA CDC IAW PWS para 5.

All offerors enter zero (0) on this CLIN in their proposals. The estimated amount is KRW1,600,000 per month.

UNIT UNIT PRICE ESTIMATED AMOUNT

2004 Each

OPTION WAR HAZARD

UNIT UNIT PRICE ESTIMATED AMOUNT

3001 12 Months

OPTION MONTHLY PREVENTATIVE MAINTENANCE

FFP

Monthly preventative maintenance for various equipment at the Camp Humphrey's DeCA CDC IAW PWS para 3.

UNIT UNIT PRICE ESTIMATED AMOUNT

3002 60 Job

OPTION EMERGENCY REPAIR

FFP

REQUIREMENTS CLIN

Emergency repair for various equipment at the Camp Humphrey's DeCA CDC IAW PWS para 4.

UNIT UNIT PRICE ESTIMATED AMOUNT

3003 12 Months

OPTION REPAIR/REPLACEMENT PARTS

FFP

REQUIREMENTS CLIN

Repair/replacement parts for various equipment at the Camp Humphrey's DeCA CDC IAW PWS para 5.

All offerors enter zero (0) on this CLIN in their proposals. The estimated amount is KRW1,600,000 per month.

UNIT UNIT PRICE ESTIMATED AMOUNT

3004 Each

OPTION WAR HAZARD

UNIT UNIT PRICE ESTIMATED AMOUNT

4001 12 Months

OPTION MONTHLY PREVENTATIVE MAINTENANCE

FFP

Monthly preventative maintenance for various equipment at the Camp Humphrey's DeCA CDC IAW PWS para 3.

UNIT UNIT PRICE ESTIMATED AMOUNT

4002 60 Job

OPTION EMERGENCY REPAIR

FFP

REQUIREMENTS CLIN

Emergency repair for various equipment at the Camp Humphrey's DeCA CDC IAW PWS para 4.

UNIT UNIT PRICE ESTIMATED AMOUNT

4003 12 Months

OPTION REPAIR/REPLACEMENT PARTS

FFP

REQUIREMENTS CLIN

Repair/replacement parts for various equipment at the Camp Humphrey's DeCA CDC IAW PWS para 5.

All offerors enter zero (0) on this CLIN in their proposals. The estimated amount is KRW1,600,000 per month.

UNIT UNIT PRICE ESTIMATED AMOUNT

4004 Each

OPTION WAR HAZARD

PWS

PERFORMANCE WORK STATEMENT (PWS) FOR

PREVENTIVE MAINTENANCE AND ON-CALL REPAIR SERVICES OF

VARIOUS EQUIPMENT AT DECA CAMP HUMPHREYS CDC

1. SCOPE: This purchase description covers the requirements for the preventive maintenance and on-call repair of Camp Humphreys CDC equipment listed in Paragraph 10 of this PWS.

1.1 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option periods.

2. REQUIREMENTS:

2.1. General: The Contractor shall provide all necessary skilled personnel, supervision, equipment, tools, replacement parts, materials and transportation, and shall perform the preventive maintenance and on-call repair of the equipment listed in paragraph 10, in accordance with this PWS. The Contractor shall maintain the equipment in an “as is” condition. The Contractor shall follow the equipment’s manufacturer specifications.

2.2 Contractor’s Personnel Qualification: The Contractor’s personnel shall obtain the following valid business licenses granted by the Government of Republic of Korea (ROK).

a. Contractor Personnel’s Licenses: Industrial Engineer Electronics Licenses (전자산업기사자격증) and

Craftsman Construction Equipment Maintenance Technician Licenses (건설기계정비기능사자격증) issued by ROK Government.

b. All technical personnel shall have a minimum of one (1) year working experience with construction equipment’s maintenance listed in paragraph 10 of performance work statement or similar type of service required by this contract

3. MONTHLY PREVENTATIVE MAINTENANCE.

3.1 Check all components for proper functioning including the performance of regular and systematic examination, tests, adjustments, repair, replacement, lubricant, and related cleaning.

3.2 Replace all unserviceable parts with new parts of identical quality. This includes: parts replacement, restoration of parts, and cleaning of the equipment to restore equipment back to normal working condition.

3.3 Test the equipment to ensure perfect working condition at all times. Ensure all equipment meets OSHA safety standards by completing load testing and safety inspection. After each safety inspection, Contractor shall stencil on each MHE the next date of required inspection as follows: “NEXT INSP DUE: MONTH/YEAR”.

3.4 Performance Schedule: The Contractor shall submit a monthly maintenance schedule to the Contracting Officer’s Representative (COR) prior to Contractor’s performance commencement. Contractor’s performance shall be made from Monday to Sunday, 0700-1800, excluding U.S. and ROK Holidays. Unscheduled on-call repair services (emergency repair IAW PWS 4) shall be performed even during on ROK Holidays.

4. EMERGENCY REPAIR (On-Call Repair Services):

4.1 The Contractor shall be reached for on-call repair from Sunday through Saturday between hours of 0600-1800.

The Contractor shall make every effort to respond to emergency repair calls within four (4) hours, and all on-call work shall be completed within eight (8) hours after commencing the repair work. If the repair services cannot be accomplished on-site or within 8 hours after initiating repairs, the Contractor shall immediately notify the COR to determine a resolution for the problem. Contractor will collaborate with COR to determine whether or not equipment is required to be disposed of, further dismantled, or replaced. If equipment is inoperative for more than ten (10) days, the Contractor shall provide temporary replacement of equipment, when requested by the Government.

4.2 Emergency repair shall include replacement of unserviceable parts, checking, adjusting, repairing, and cleaning of the equipment and restoring to perfect working condition.

4.3 The Contractor shall furnish a Point of Contact (POC) in writing to the COR in order to receive work control documents prior to contract performance commencement and/or when changes occur. The Contractor shall provide a local telephone number where the Contractor can be notified or contacted in case of emergency. Answering services and recordings are not sufficient for this purpose.

5. REPAIR/REPLACEMENT PARTS:

5.1 Minor Repair/Replacement Parts: For both monthly preventative maintenance and emergency repair, the Contractor shall be responsible to furnish all minor repair and replacement parts for the equipment listed in PWS paragraph 10. Minor repair/replacement parts are defined as any single repair/replacement part costing less than or equal to KRW25,000.

5.2 Major Repair/Replacement Parts: Major repair/replacement parts are defined as any single repair/replacement part costing more than KRW25,000. DeCA will be responsible to pay for any major repair/replacement part up to KRW1,600,000 per calendar month. The Contractor must inform the COR of any major repair/replacement part needed and all major repair/replacement parts purchased by the Contractor must be verified by the COR before purchase. The COR will validate the part’s technical acceptability and determine if the price is fair and reasonable.

The Contractor shall record and maintain the manufacturer’s product warranty.

5.2.1. Upon notification by the COR through request for price quotation, the Contractor shall provide price quotations to the COR to include required type of labor, number of skilled labor hours, and the parts and material for unscheduled maintenance service

5.2.2. The Contractor shall submit detailed supporting documentation identifying manufacturer and the model of all parts or materials proposed in their price quotations. The Contractor shall provide or otherwise make available a copy of published price in the Information on Commodity Price (ICP) book and/or commercial market price lists and other verification documents.

5.2.3. All repair work shall have a twelve (12) month warranty after the Final Inspection is accepted for payment by the COR.

6. ACCEPTANCE REPORT: The Contractor shall prepare the report for Government acceptance. The Contractor shall sign the report and obtain the signature of the COR.

7. PERFORMANCE REQUIREMENTS SUMMARY: This table specifies the standard for satisfactory performance of the tasks specified in this performance work statement. The Contractor shall perform the tasks in accordance with manufacturer’s service manuals.

Performance Requirements Summary (PRS) Requirement Performance Standard Acceptable Quality

Threshold (AQT)

Method of Surveillance

Remedy

Provide Monthly Preventive Maintenance

(PM) IAW PWS

Para 3.

Maintain all equipment listed in Paragraph 10 in operational condition. PM includes:

Inspection, testing, cleaning, lubrication, adjusting, alignment, repair, operational checkout, and other services in accordance with manufacturer’s maintenance manuals

98% Compliance Random Inspection, Validated Customer Complaints

Contractor shall re-perform for nonconforming maintenance without additional cost within three (3) days.

Provide On-Call Repair Services IAW PWS Para 4.

On-Call Repair Services includes active response times. The COR will track and validate the performance through the Service Reports and On-Call tickets.

98% Compliance Random Inspection, Validated Customer Complaints

Contractor shall re-perform for nonconforming maintenance without additional cost within 2 hours.

8. QUALITY CONTROL PROVISIONS:

8.1 Quality Control (QC): Quality control is the responsibility of the Contractor. The Contractor shall establish and implement measures to ensure that the requirements outlined in the PWS are met.

8.2 Quality Control Plan (QCP): The QCP shall be used throughout the life of this contract and shall be updated by the Contractor when changes occur that impact the QCP.

8.3 Quality Inspection Standards: The Contractor shall perform at a minimum, monthly inspections IAW Contractor’s QCP to ensure that services conform to the terms and conditions of the contract.

9. QUALITY ASSURANCE:

9.1 The COR will evaluate the Contractor's performance in accordance with the Quality Assurance Surveillance Plan (QASP) for tasks listed in the PWS.

9.2 The COR will conduct random inspections of all services IAW the PWS.

9.3 The COR will validate the service(s) to determine if the Contractor has performed all required services at a satisfactory level.

10. LIST OF EQUIPMENT:

NO DESCRIPTION MFR NAME MDL NO. QTY

MFR

YR

1 FORKLIFT ELECTRONIC YALE OSO030 16 EA 2011

2 FORKLIFT ELECTRONIC YALE NR030 4 EA 2011

3 TRUCK, PALLET, ELECTR YALE ERC040 3 EA 2011

4 TRUCK, FORKLIFT GAS YALE GP040 1 EA 2011

5 FORKLIFT ELECTRIC CROWN FC 5215-040 2 EA 2020

6 FORKLIFT ELECTRIC CROWN FC 5215-35 10 EA 2020

7 ELECTRIC PALLET JACK CROWN PE 4500-60 21 EA 2020

8 HAND PALLET JACK 4 EA 2011

9 BATTERY CHARGER GNB

EHF36T150/EHF24T

150/EHF24T90

26 EA 2020

10 BATTERY CHARGER ENERSYS NIP3-HN-4Y 1 EA 2020

11 DOCK LEVELER KELLY 8 EA 2020

12 PALLET WRAPPER PREDATOR P1303E208/E210 2 EA 2020

SCRUBBING MACHINE

WIT

TENNANT M17-11165 1 EA 2020

14 SCISSOR LIFT SKYJACK SJIII3220 1 EA 2006

16 CCTV

HANHWA

TECH. WIN

QMD6080 1 EA 2021

17 PAGING SYSTEM INTERM INTERM 1 EA 2021

18 KEY WATCHER CABINET

MORESE

WATCHMAN

KEY-PRO 1 EA 2020

11. ANTITERRORISM/OPERATIONS SECURITY:

11.1. AT Level I Training. All Contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 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 COR 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.

11.2. Access and General Protection/Security Policy and Procedures. Contractor and all associated subcontractor 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 Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes.

11.3. For contracts that require an OPSEC Standing Operating Procedure/Plan. The Contractor shall develop an OPSEC Standing Operating Procedure (SOP)/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer, per AR 530-1, Operations Security. This SOP/Plan will include the Government's critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it. In addition, the Contractor shall identify an individual who will be an OPSEC coordinator. The Contractor will ensure this individual becomes OPSEC Level II certified per AR 530-1.

11.4. For contracts that require OPSEC Training. Per AR 530-1, Operations Security, new Contractor employees must complete Level I OPSEC training within 30 calendar days of their reporting for duty. All Contractor employees must complete annual OPSEC awareness training.

ADDENDUM TO 52.212-1

Addendum to FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services.

1. CONTRACT AWARD:

1.1. The Government intends to execute a requirements contract with fixed price CLINs. In accordance with FAR part 13, award will be made to the responsible Offeror submitting the Lowest Priced 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”.

The following ratings will be used in evaluating all non-price factors and subfactors except Past Performance:

ACCEPTABLE: Offer meets the minimum requirements of the solicitation.

UNACCEPTABLE: Offer does not meet the minimum requirements of the solicitation.

1.2. In accordance with FAR 52.212-1 “Instructions to Offerors-Commercial Items (OCT 2014), the Government reserves the right, based on the Government’s best interests, to make a determination to: 1) award without discussions; 2) make a single award for this requirement; 3) establish a competitive range in order to conduct discussions; and/or 4) make no award if, upon evaluation, none of the offers are deemed likely to meet the requirements.

2. OFFER SUBMISSION: Offerors 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 offers. 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 offer shall become a part of the resultant contract.

2.3. Offerors are required to submit complete offers (Technical, Past Performance, and Price) by e-mail to Contracting Officer, Mr. Yi, Yun Chae at yunchae.yi.ln@army.mil and Contract Specialist, Ms. Reyhan Schmidt at reyhan.e.schmidt.civ@army.mil by 1300 hours on the closing date of the SF 1449.

Once offers have been submitted, offerors are required to confirm with Ms. Reyhan Schmidt, Contract Specialist, by Tel (0503) 355-2698 whether offer was received properly before closing time and date.

Failure to submit offer via e-mail as required in this solicitation shall be grounds for determining the offer to be ineligible for contract award.

Offerors shall submit each factor; Technical, Price, Past Performance, in separate files (PDF is the preferred file type). Submittal requirements 4.4-4.8 may be included in technical portion or in their own file. Offerors shall submit two copies of the technical portion; one original and one copy with company name and symbol redacted.

3.0. OFFICIAL MEANS OF DISSEMINATING INFORMATION:

Official Means of Disseminating Information after solicitation issued through SAM.GOV such as requests for clarification and/or information concerning this solicitation shall be submitted in writing or electronically as follows:

(for each question, comment or observation, identify the Paragraph number being referenced).

411th CSB HC Division ATTN: Ms. Reyhan Schmidt Reference: Solicitation Number E-mail: reyhan.e.schmidt.civ@army.mil

No information concerning this solicitation or requests for clarification will be provided in response to offeror-initiated telephone calls. All questions should be submitted in writing via email to Mr. Yi, Yun Chae at yunchae.yi.ln@army.mil and Ms. Reyhan Schmidt at reyhan.e.schmidt.civ@army.mil within seven (7) calendar days after the solicitation is issued or within two (2) business days after the site visit. Questions will be answered in writing and provided to all Offerors. Questions received after this date and time may not be answered.

4.0. SUBMITTAL REQUIREMENTS

4.1. FACTOR I. TECHNICAL:

Subfactor 1. Technician’s Licenses issued by ROK Government: Offeror is required to submit each of the following licenses (1 Copy of original Korean License, 1 copy of license translated to English):

• Construction Equipment Maintenance Technician License (건설기계정비기능사자격증)

• Forklift Operation Technician License (지게차 운전기능사 자격증)

• Industrial Engineer Electronics (전자산업기사)

Note: Failure to provide the above required registration certificate will result in a rating of “Unacceptable”. A rating of unacceptable for Technical Proposal will result in an overall unacceptable rating.

Subfactor 2. Prior Experience for All Technicians: The offeror shall submit evidence of at least one (1) year working experience for all technicians, for construction equipment’s maintenance or PWS related similar type of work within the last seven (7) years as of the closing date of the solicitation.

The offeror shall provide evidence of prior experience in the following format:

• Employee name, title, email

• The title and number of the contract/project

• Description of work completed

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

• Value of contract/project in USD for total amount

• Complete point of contact at Client Organization (including name, phone number, email address)

4.2. FACTOR II: PAST PERFORMANCE

The offeror shall submit two (2) references for recent and relevant past performance within the last seven (7) 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 offerors shall present past performance for themselves whose effort on this contract will significantly influence performance of the proposed effort.

Past Performance Contract References. The offeror shall submit documentation that demonstrates past performance experience in performing preventative maintenance and on-call repair services. Two (2) Past Performance Contract Reference submissions are required in the format below:

The title of the Contract/Project A Description of Work completed Name of the Client Organization or Requiring Activity Length of Contract/Project (Year/Month/Date) Value of Contract/Project Complete Name, E-Mail and Phone Number of Point of Contact (POC) at Client Organization.

The following ratings will be used in evaluating Past Performance:

ACCEPTABLE: Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror’s performance record is unknown (See note below).

UNACCEPTABLE: Based on the Offeror’s performance record, the Government has no reasonable expectation that the Offeror will be able to successfully perform the required effort.

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”

4.3 FACTOR III. PRICE:

The offeror shall provide complete CLINs identified in this solicitation. Any underlying assumption including proposed escalation rates between the 1st and subsequent periods shall be clearly explained. Proposed price will be reviewed to determine if the price is complete, and reasonable.

The price offer shall set forth a summary of the total proposed price of each CLINs/Sub-CLINs.

The offeror shall round up/down all unit prices to the nearest whole Korean Won (KRW) thereby eliminating the use of any decimal points.

4.4. 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).

4.5 Company Information: SAM Unique Entity ID, CAGE Code, and Address

4.6. Tax Exemption Declaration - Republic of Korea - The offeror shall complete the form attached and provide a signed copy. The offeror shall indicate specific types and quantities of POL products upon which offeror’s based and for which tax exemption is allowed in this Solicitation.

4.7. Signed Solicitation and Signed Amendment(s): The offeror shall include the signed copy of the first page of the solicitation (SF1449) and a signed copy of each amendment (SF30), if any amendments are issued.

4.8. Point of Contact (POC): The offeror shall provide point of contact information to include: Name, telephone number, and e-mail address of person(s) authorized to conduct discussions/negotiations and to financially bind the company.

5.0. SITE VISIT:

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 visit schedule will be conducted as follows:

Time and Date: Wednesday, 15 FEB 2023 Place:

Those who have installation pass: meet at Camp Humphreys Central Distribution Center, Building #P5545 by 0945 HRS

Those who need escort: meet at Adams Gate (Dodu-ri) Visitor Center (Camp Humphreys) by

0930 HRS. All persons requiring escort must bring valid Korean identification card (주민등록증), driver's license, or passport. Personnel that do not have their identification card shall not be given access to Camp Humphreys.

Companies requiring escort are only allowed one (1) attendee due to escort restraints.

ALL ATTENDEES: Attendees MUST provide the following information, at least 24 hours before site visit, to Reyhan Schmidt via email reyhan.e.schmidt.civ@army.mil. Please confirm by phone call: 0503- 355-2698.

Company Name Name of attendee(s) Contact information (phone and email) Whether or not you require an escort

This site visit will be conducted in English only.

End of Addendum to FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services.

ADDENDUM TO 52.212-2

Addendum to FAR 52.212-2 Evaluation – Commercial Products and Commercial Services In accordance with FAR Part 13, award will be made to the responsible Offeror submitting the Lowest Priced 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”.

The following ratings will be used in evaluating all non-price factors and subfactors except Past Performance:

ACCEPTABLE: Offer meets the requirements of the solicitation.

UNACCEPTABLE: Offer does not meet the requirements of the solicitation.

FACTOR I: TECHNICAL

Sub-factor 1: Technician’s Licenses issued by ROK Government: The offeror shall be evaluated on proof submitted showing they possess all of the following licenses:

Construction Equipment Maintenance Technician License (건설기계정비기능사자격증) Forklift Operation Technician License (지게차 운전기능사 자격증) Industrial Engineer Electronics (전자산업기사)

Note: Failure to provide the above required registration certificate will result in a rating of “Unacceptable”. A rating of unacceptable for Technical Proposal will result in an overall unacceptable rating.

Subfactor 2: Prior Experience for all technicians: The offeror shall be evaluated on proof of at least one (1) year working experience for all technicians, for construction equipment’s maintenance or PWS related similar type of work within the last seven (7) years as of the closing date of the solicitation.

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 these technical criteria in paragraph I above.

The offeror shall be evaluated on submitted evidence of two (2) references for recent and relevant past performance within the last seven (7) 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 offerors shall present past performance for themselves whose effort on this contract will significantly influence performance of the proposed effort.

Past Performance Contract References. The offeror shall submit documentation that demonstrates past performance experience in performing preventitive maintenance and on-call repair services.

The following ratings will be used in evaluating Past Performance:

ACCEPTABLE: Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror’s performance record is unknown (See note below).

UNACCEPTABLE: Based on the Offeror’s performance record, the Government has no reasonable expectation that the Offeror will be able to successfully perform the required effort.

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 - PRICE: The proposed price will be evaluated to determine if the estimate is complete and reasonable. The price proposals will be evaluated IAW FAR 13.106. The analysis will be conducted on the total price to include the base period, option periods. The following applies to that evaluation.

(a) Completeness. Pricing information for all CLINs identified for base period each year during five (5) years period (include total price for all five (5) years).

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

Note: Price is not scored as acceptable/unacceptable. 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 CLIN/SLINs as listed on the Price Schedule. The Government intends to evaluate proposals and award a contract without discussion.

Therefore, Offerors are instructed that submitted proposals should contain their best pricing.

(c) FAR Clause 52.217-8 Option to Extend Services. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

End of Addendum to FAR 52.212-2 Evaluation – Commercial Products and Commercial Services

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 N/A N/A N/A Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 N/A N/A N/A N/A 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 N/A N/A N/A N/A 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 N/A N/A N/A N/A 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 N/A N/A N/A N/A

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-APR-2023 TO

31-MAR-2024

N/A DECA CAMP HUMPHRYES CDC

BLDG. P5545, UNIT#15472

APO AP 96271-5472

UNITED STATES

757-1488

HQCWJT

0002 POP 01-APR-2023 TO

31-MAR-2024

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-APR-2023 TO

31-MAR-2024

N/A (SAME AS PREVIOUS LOCATION)

0004 N/A N/A N/A N/A

1001 POP 01-APR-2024 TO

31-MAR-2025

N/A DECA CAMP HUMPHRYES CDC

BLDG. P5545, UNIT#15472

APO AP 96271-5472

UNITED STATES

757-1488

1002 POP 01-APR-2024 TO

31-MAR-2025

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-APR-2024 TO

31-MAR-2025

N/A (SAME AS PREVIOUS LOCATION)

1004 N/A N/A N/A N/A

2001 POP 01-APR-2025 TO

31-MAR-2026

N/A DECA CAMP HUMPHRYES CDC

BLDG. P5545, UNIT#15472

APO AP 96271-5472

UNITED STATES

757-1488

2002 POP 01-APR-2025 TO

31-MAR-2026

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-APR-2025 TO

31-MAR-2026

N/A (SAME AS PREVIOUS LOCATION)

2004 N/A N/A N/A N/A

3001 POP 01-APR-2026 TO

31-MAR-2027

N/A DECA CAMP HUMPHRYES CDC

BLDG. P5545, UNIT#15472

APO AP 96271-5472

UNITED STATES

757-1488

3002 POP 01-APR-2026 TO

31-MAR-2027

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-APR-2026 TO

31-MAR-2027

N/A (SAME AS PREVIOUS LOCATION)

3004 N/A N/A N/A N/A

4001 POP 01-APR-2027 TO

31-MAR-2028

N/A DECA CAMP HUMPHRYES CDC

BLDG. P5545, UNIT#15472

APO AP 96271-5472

UNITED STATES

757-1488

4002 POP 01-APR-2027 TO

31-MAR-2028

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-APR-2027 TO

31-MAR-2028

N/A (SAME AS PREVIOUS LOCATION)

4004 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

NOV 2021

52.212-2 Evaluation - Commercial Items NOV 2021 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2021

52.217-5 Evaluation Of Options JUL 1990 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7023 Reporting Requirements for Contracted Services. JUL 2021 252.215-7008 Only One Offer JUL 2019 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

SEP 2021

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.246-7008 Sources of Electronic Parts MAY 2018

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2022) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"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.

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