W91QVN23R0179_Solicitation.pdf

W91QVN23R0179

Section SF 1449 - CONTINUATION SHEET

NOTE

MINIMUM GURANTEE/MAXIMUM AMOUNT

It is intent of the Government to make multiple awards, however, the Government reserve the right to make a single award if advantageous to the Government. If the Government chooses to establish Multiple Award Indefinite- Delivery, Indefinite-Quantity (MA IDIQ) contracts, the guaranteed minimum for each award will be KW10,000,000. The combined total of all delivery/task orders issued against each awarded contract shall not exceed KW13,000,000,000 are for the life of the contracts are as follows:

Minimum Guarantee Maximum Base Year KRW 10,000,000 KRW 13,000,000,000 1st Option Period KRW 0 KRW 13,000,000,000 2nd Option Period KRW 0 KRW 13,000,000,000 3rd Option Period KRW 0 KRW 13,000,000,000 4th Option Period KRW 0 KRW 13,000,000,000

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 12 Months Standard Route

FFP

The contractor shall provide general cargo delivery service on a daily basis in accordance with schedule stated in ELIN E001, Standard Routes for General Cargo (Army).

FOB: Destination

PURCHASE REQUEST NUMBER: 0011968017

PSC CD: V129

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0002 12 Job Unscheduled Requirement

FFP

The contractor shall provide unscheduled general cargo delivery service in accordance with paragraph 5.1.3. This CLIN covers the Exhibit Line Item Number (ELINs) attached. Detailed schedule will be specified on each US Government Bill of Lading (GBL). The Proposed unit price must match the total amount of the base year ELINs.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011968017

PSC CD: V129

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 1 Job Phase-In Period

FFP

The new contractor shall complete all necessary procedure to take over work from the outgoing contractor in accordance with paragraph 1.6.14, Phase-In of the PWS.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011968017

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

1001 12 Months OPTION Standard Route

FFP

The contractor shall provide general cargo delivery service on a daily basis in accordance with schedule stated in ELIN E001, Standard Routes for General Cargo (Army).

FOB: Destination

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

1002 12 Job OPTION Unscheduled Requirement

FFP

The contractor shall provide unscheduled general cargo delivery service in accordance with paragraph 5.1.3. This CLIN covers the Exhibit Line Item Number (ELINs) attached. Detailed schedule will be specified on each US Government Bill of Lading (GBL). The Proposed unit price must match the total amount of the 1st Option year ELINs.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

2001 12 Months OPTION Standard Route

FFP

The contractor shall provide general cargo delivery service on a daily basis in accordance with schedule stated in ELIN E001, Standard Routes for General Cargo (Army).

UNIT UNIT PRICE MAX AMOUNT

2002 12 Job OPTION Unscheduled Requirement

FFP

The contractor shall provide unscheduled general cargo delivery service in accordance with paragraph 5.1.3. This CLIN covers the Exhibit Line Item Number (ELINs) attached. Detailed schedule will be specified on each US Government Bill of Lading (GBL). The Proposed unit price must match the total amount of the 2nd Option year ELINs.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

3001 12 Months OPTION Standard Route

FFP

The contractor shall provide general cargo delivery service on a daily basis in accordance with schedule stated in ELIN E001, Standard Routes for General Cargo (Army).

UNIT UNIT PRICE MAX AMOUNT

3002 12 Job OPTION Unscheduled Requirement

FFP

The contractor shall provide unscheduled general cargo delivery service in accordance with paragraph 5.1.3. This CLIN covers the Exhibit Line Item Number (ELINs) attached. Detailed schedule will be specified on each US Government Bill of Lading (GBL). The Proposed unit price must match the total amount of the third Option year ELINs.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

4001 12 Months OPTION Standard Route

FFP

The contractor shall provide general cargo delivery service on a daily basis in accordance with schedule stated in ELIN E001, Standard Routes for General Cargo (Army).

UNIT UNIT PRICE MAX AMOUNT

4002 12 Job OPTION Unscheduled Requirement

FFP

The contractor shall provide unscheduled general cargo delivery service in accordance with paragraph 5.1.3. This CLIN covers the Exhibit Line Item Number (ELINs) attached. Detailed schedule will be specified on each US Government Bill of Lading (GBL). The Proposed unit price must match the total amount of the forth Option year ELINs.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A Government N/A Government 0002 N/A Government N/A Government 0003 N/A Government N/A Government 1001 N/A Government N/A Government 1002 N/A Government N/A Government 2001 N/A Government N/A Government 2002 N/A Government N/A Government 3001 N/A Government N/A Government 3002 N/A Government N/A Government 4001 N/A Government N/A Government 4002 N/A Government N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-FEB-2024 TO

31-DEC-2024

N/A 19TH ESC DCP SPO

YU, CHU HYONG

520TH SUPPORT MAINTENANCE

ATTN: EANCTM-DGB-MAC

APO AP 96218-5015

UNITED STATES

315-763-4266

W582MZ

0002 POP 01-FEB-2024 TO

31-DEC-2024

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-JAN-2024 TO

31-JAN-2024

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-JAN-2025 TO

31-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-JAN-2025 TO

31-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-JAN-2026 TO

31-DEC-2026

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-JAN-2026 TO

31-DEC-2026

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-JAN-2027 TO

31-DEC-2027

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-JAN-2027 TO

31-DEC-2027

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-JAN-2028 TO

31-DEC-2028

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-JAN-2028 TO

31-DEC-2028

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

PWS

ATTACHMENT LIST

LIST OF ATTACHMENTS

Attachment 1: Exhibit Line Item Numbers (ELINs) Attachment 2: Performance Work Statement (PWS)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

MAR 2023

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2022

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.237-3 Continuity Of Services JAN 1991 52.243-1 Alt IV Changes--Fixed-Price (Aug 1987) - Alternate IV APR 1984 52.246-4 Inspection Of Services--Fixed Price AUG 1996 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.216-7003 Economic Price Adjustment - Wage Rates or Material Prices Controlled by a Foreign Government

MAR 2012

252.216-7008 Economic price adjustment--wage rates or material prices controlled by a foreign government--representation

MAR 2012

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7041 Correspondence in English JUN 1997 252.225-7042 Authorization to Perform APR 2003 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

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)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

"reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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 .

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

ADDENDUM TO FAR 52.212-1

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

1. SUBMISSION REQUIREMENT:

Offerors are required to submit the following information requirements through chinok.han.ln@army.mil with courtesy copy to Ms. Tondra R. Madison at tondra.r.madison.civ@army.mil by 13:00 hours Korea Standard Time (KST) on the closing date of RFP. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.

The Government intends to evaluate offers and award a contract without discussions with offerors in accordance with FAR 52.212-technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer if the price is determined to be unreasonable and waive minor informalities and irregularities in offers received.

I. TECHNICAL:

Subfactor (1) Prime Contractor's Prior Experience: The offeror shall submit documentation demonstrating a minimum two (2) years of experience within the last seven (7) years in general cargo trucking services, material handling equipment services, and ammunition or explosive transportation services from the issuance date of this solicitation. The experience of a subcontractor cannot be substitut

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

year/month/date)

Subfactor (2) Prime Contractor's Business Registration and Permission: The prime contractor shall submit copies of current and valid registration and permission issued by the ROK Government as listed below. The business registration and permission of a s and permission except for Construction and Machinery Business registration.

(a) Business License ( )

(b) General Cargo Trucking Transportation Business License ( )

(c) Certification of Freight Transportation Forwarder Business Permission (

(d) Construction and Machinery Business Registration ( ): The subcontractor's

Construction & Machinery Rental Business Registration ( ) may be substituted for the prime's registration.

Subfactor 3

(a) Contract Manager (CM): Contract Manager (CM): The CM shall have a minimum of two (2) years of experience within five (5) years from the issuance date of this solicitation as a CM performing in ground transportation service.

(b) Quality Control Manager (QCM): The QCM shall have a minimum of two (2) years of experience within the last five (5) years from the issuance date of this solicitation as a QCM performing ground transportation services and administering quality control data for ground transportation services, conducting inspections and other testing activities to ensure continuous control over contractor personnel, investigating complaints regarding quality of ground transportation service and establishing corrective action plans for services.

(c) Safety Manager (SM): The SM shall have a minimum of two (2) years of experience within the last 5 years from the issuance date of this solicitation as a SM performing ground transportation service. The SM shall have an Industrial Safety Engineer License ( ).

The offeror shall submit resumes for each positions listed and must clearly identify in the following format:

personnel

Subfactor 4 Management Plan: The offeror shall submit management plan including staffing plan, ammunition and explosives transportation plan, and general cargo transportation plan IAW Para 1.6.9 of PWS.

(a) Staffing Plan: The offeror shall submit staffing plan that clearly demonstrates how they will perform operation of the transportation services and clearly identifies the labor mix and quantities by major task, identifies the replacement strategy, backup policy, retention policy and any other information pertinent to the execution of this requirement IAW Para 1.6.9.1 of PWS.

(b) Ammunition and Explosive Transportation Plan: The offeror shall submit ammunition and explosive transportation plan which includes at a minimum of thirty (30) drivers with Hazardous Material Management Technician License ( ) and trucks IAW Para 1.6.9.2 of PWS.

(c) General Cargo Transportation Plan: the offeror shall submit general cargo transportation plan with General Cargo Transportation Certificate ( ) for each driver(s) for size and type of trucks and equipment IAW Para 1.6.9.3 of PWS.

II. PAST PERFORMANCE: The offeror shall submit a maximum of five 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.

The offeror shall provide evidence of past performance as required below:

III. PRICE: The offeror shall provide complete CLIN identified for base period plus four (4) options. 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 proposal is adequate, reasonable, and complete. 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.

The price proposal shall set forth a summary of the total proposed price for the base period and each option period of the proposed price of each CLINs and breakdown in EXCEL sheet.

If offeror does not propose any CLINs, offeror shall state zero (0) in the CLIN.

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

The offeror shall indicate yearly estimate with specific types and quantities of POL products. (See Attachment 2 claration)

VI. 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).

VII. FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment & 52.204-26, Covered Telecommunications Equipment or Service-Representation: The offeror shall provide a complete FAR 52.204-24 & 26.

NOTE: Questions will be addressed to the Contract Specialist chinok.han.ln@army.mil and Contracting Officer at tondra.r.madison.civ@army.mil. All questions must be received no later than 13:00hrs on 6 Oct 23 (KST).

Questions received after this date and time may not be answered.

VIII. ELIGIBILITY FOR AWARD OF ROK MND CONTRACTS

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.

In accordance with the International Agreement between the US and ROK, titled

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.

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.

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 ractor solely on the basis of these documents.

1. 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.

2. 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 ( ) will be evaluated to determine if the prime contractor has a Parent (as defined in the International Agreement extract above).

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

( )) must state an address that is physically located in the Republic of Korea.

3. If an Offeror does not have a Stock Change Certificate, to validate if an individual is

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:

1.

offeror is a Korean Contractor:

a) Offeror's Certified Copy of Register, and

b) Offeror's Stock Change Certificate.

2.

a Korean Contractor:

a) Offeror's Certified Copy of Register,

b) Offeror's Stock Change Certificate, and

c) Parent's Certified Copy of Register.

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

a) Business Registration,

b) Basic Certificate, and

c) Certificate of Business Fact.

2. PRE-AWARD SURVEY

A pre-award survey may be conducted on any firm, to include joint venture partners and subcontractors indicating firm commitments to this acquisition, submitting proposals. The pre-award survey is to determine the prospective

-1. Information may be requested as required by the Contracting Officer and the information shall be submitted within three working days of the request.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) In accordance with FAR Part 12 and 15 the Government will award one or more contracts resulting from this solicitation to the responsible offeror(s) submitting the Lowest Priced, Technically Acceptable proposal that satisfies all terms and conditions of this solicitation. The following factors shall be used to evaluate offers:

See below Addendum to FAR Clause 52.212-2, Evaluation-Commercial Items (NOV 2021)

(b) Options. 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).

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

ADDENDUM TO FAR 52.212-2 EVALUATION COMMERCIAL ITEMS (NOV 2021)

In accordance with FAR Part 12 and 15 the Government will award a contract resulting from this solicitation to the responsible offeror submitting the Lowest Priced, Technically Acceptable proposal that satisfies all terms and conditions of this solicitation.

I. Technical: Each factor and sub factor will be rated either acceptable or unacceptable. A rating of unacceptable for any factor or sub factor will result in an overall unacceptable rating. If an offeror fails to meet the minimum requirements outlined in one of the four subfactors below, the subfactor, and overall proposal will be rated

Technical Acceptable/Un-acceptable Ratings Rating Description

Acceptable Proposal meets the requirements of the solicitation.

Un-acceptable Proposal does not meet the requirements of the solicitation.

Subfactor 1 - experience within the last seven (7) years in General Cargo Trucking services, Material Handling Equipment services and Ammunition or Explosives Transportation Handling services from the issuance date of this solicitation. The experience of a sub-contract cannot be substituted for the prime

Subfactor 2 -certifications, registrations, and licenses by the ROK Government as listed below. The business registration and registration and permission except for Construction and Machinery Business registration.,

(a) Business License ( )

(b) General Cargo Trucking Transportation Business License ( )

(c) Certification of Freight Transportation Forwarder Business Permission

(d) Construction and Machinery Business Registration ( ): The subcontractor's Construction & Machinery Rental Business Registration ( ) may be substituted for the prime's registration.

Subfactor 3 Personnel Qualification: The Government will evaluate resumes for each position titles listed below;

(a) Contract Manager (CM): The CM shall have a minimum of two (2) years of experience within five (5) years from the issuance date of this solicitation as a CM performing in ground transportation service.

(b) Quality Control Manager (QCM): The QCM shall have a minimum of two (2) years of experience within the last five (5) years from the issuance date of this solicitation as a QCM performing ground transportation services and administering quality control data for ground transportation services, conducting inspections and other testing activities to ensure continuous control over contractor personnel, investigating complaints regarding quality of ground transportation service and establishing corrective action plans for services.

(c) Safety Manager (SM): The SM shall have a minimum of two (2) years of experience within the last 5 years from the issuance date of this solicitation as a SM performing duties relevant to ground transportation service. The SM shall have an Industrial Safety Engineer License ( ).

Subfactor 4 - Management Plan: The Government will evaluate management plan including staffing plan, ammunition and explosives transportation plan and general cargo transportation plan IAW Para 1.6.9 of PWS.

(a) Staffing Plan: The offeror shall be evaluated on submitted staffing plan that clearly demonstrates how they will perform operation of the transportation services and clearly identifies the labor mix and quantities by major task, identifies the replacement strategy, backup policy, retention policy and any other information pertinent to the execution of this requirement IAW Para 1.6.9.1 of PWS.

(b) Ammunition and Explosive Transportation Plan: The offeror shall be evaluated on submitted ammunition and explosive transportation plan which includes at a minimum of thirty (30) drivers with Hazardous Material Management Technician License ( ) and trucks IAW Para 1.6.9.2 of PWS.

(c) General Cargo Transportation Plan: the offeror shall be evaluated on submitted general cargo transportation plan with General Cargo Transportation Certificate ( ) for each driver(s) for size and type of trucks and equipment IAW Para 1.6.9.3 of PWS.

II.

in this contract will be evaluated to assess the relevant past performance within the last five (5) years from the issuance date of this solicitation for work that is the same or similar in scope and complexity to the work in the PWS.

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

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 (or neutral) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered "acceptable".

Past Performance Evaluation Ratings

Adjectival Rating Description

Acceptable that the offeror will successfully perform the required effort, or the offerors performance record is unknown. (See note above)

Un-acceptable expectation that the offeror will be able to successfully perform the required effort.

III. Price: Proposed price will be reviewed to ensure adequacy, reasonableness, and completeness. The pricing proposals will be evaluated in accordance with FAR 15.404-1(b).

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

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

(3) Price is not scored. The lowest price for award purposes will be the combined total of the base period and all option periods including the FAR 52.217-8 option. Price must include all CLINs as listed on the Price Schedule. The Government intends to evaluate proposals and award a contract without discussions.

(4) FAR Clause 52.217-8 Option to Extend Services. As part of price evaluation, the Government will evaluate its option to extend services (FAR Clause 52.217-8 - Option to Extend Services) by adding one-half of the purpose of evaluation will include the base period, 1st option, 2nd option, 3rd option, 4th option, and one-half of the 4th option. Offerors are required only to price the base and four (4) options. Offerors shall not submit a price for the potential one-half year extension of services period.

(End of provision)

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

COMMERCIAL SERVICES (DEC 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. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

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

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1002", means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), 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 the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: _________

(10) HUBZone…