W91QVN24R0013.pdf
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- Sewing Services for KTA
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- W91QVN24R0013
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This is a solicitation for sewing services for the KATUSA Training Academy in Korea. The solicitation seeks nametapes, rank insignia, flag patches, and sewing services. The required items include OCP nametapes, blank nametapes, rank insignia sewn on OCP patrol caps and as patches, and Korean flag patches. The solicitation includes pricing for base and option years, with the contract period running from March 2024 to March 2029. The solicitation also provides instructions for proposal submission, evaluation criteria, and other standard contract language. The Department of the Army Materiel Command Army Contracting Command is listed as the issuing agency.
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SEE ADDENDUM
(No Collect Calls)
W91QVN24R0013 29-Jan-2024
b. TELEPHONE NUMBER
315-755-3358
8. OFFER DUE DATE/LOCAL TIME
01:00 PM 29 Feb 2024
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 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
YI, U NAN
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
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
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 W56P0F 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
8A WIGHTMAN NCO ACADEMY
MS. KIM, NA HYON
CAMP HUMPHREYS, KOREA
APO AP
UNITED STATES
TEL: 315-756-3503 FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAICS:
315210
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 OF44
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.
W91QVN24R0013
Section SF 1449 - CONTINUATION SHEET
NOTICE TO OFFERORS
All sources may submit a proposal as applicable. However, the Republic of Korea (ROK)-United States (U.S.)
Status of Forces Agreement (SOFA), precludes the U.S. Government from granting Invited Contractor or Technical Representative Status to any offeror, for this requirement. All sources submitting a proposal, as applicable, including U.S. sources, must already have, or obtain the requisite business licenses directly from the ROK Government, and conduct business in accordance with all applicable ROK laws, including but not limited to, rules and policies regarding labor, taxation, and immigration. Any contractor not already doing business in Korea, must submit adequate verification in its initial proposal - that it has the requisite business licenses directly from the ROK Government to perform the contract and the capacity to conduct business in accordance with all applicable ROK laws, including but not limited to, rules and policies regarding labor, taxation, and immigration. If an initial proposal does not fully demonstrate this authorization and capacity, it will not be further considered for award.Whether an offeror demonstrates this authorization and capacity shall be determined by the Contracting Officer.“All offerors interested in competing for this requirement are required to submit their price proposal in Korean Won(KW) only. A proposal submitted in currency other than Korean Won will not be considered for award.”
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 6,300 Each OCP Nametape (3 each)
FFP
The contractor shall completed services IAW PWS.
FOB: Destination
PSC CD: J084
NET AMT
0002 4,200 Each OCP blank Nametape (2 each)
FFP
The contractor shall complete the services IAW PWS.
0003 2,100 Each Sewing Korean enlisted rank insignia on
FFP
the OCP PC (1 each):
0004 2,100 Each OCP Korean enlisted rank insignia patch
FFP
(1each)
0005 4,200 Each Korean Flag Patch (2 each)
FFP
1001 6,300 Each OPTION OCP Nametape (3 each)
FFP
The contractor shall completed services IAW PWS.
1002 4,200 Each OPTION OCP blank Nametape (2 each)
FFP
1003 2,100 Each OPTION Sewing Korean enlisted rank insignia on
FFP
the OCP PC (1 each):
1004 2,100 Each OPTION OCP Korean enlisted rank insignia patch
FFP
(1each)
1005 4,200 Each OPTION Korean Flag Patch (2 each)
FFP
2001 6,300 Each OPTION OCP Nametape (3 each)
FFP
The contractor shall completed services IAW PWS.
2002 4,200 Each OPTION OCP blank Nametape (2 each)
FFP
2003 2,100 Each OPTION Sewing Korean enlisted rank insignia on
FFP
the OCP PC (1 each):
2004 2,100 Each OPTION OCP Korean enlisted rank insignia patch
FFP
(1each)
2005 4,200 Each OPTION Korean Flag Patch (2 each)
FFP
3001 6,300 Each OPTION OCP Nametape (3 each)
FFP
The contractor shall completed services IAW PWS.
3002 4,200 Each OPTION OCP blank Nametape (2 each)
FFP
3003 2,100 Each OPTION Sewing Korean enlisted rank insignia on
FFP
the OCP PC (1 each):
3004 2,100 Each OPTION OCP Korean enlisted rank insignia patch
FFP
(1each)
3005 4,200 Each OPTION Korean Flag Patch (2 each)
FFP
4001 6,300 Each OPTION OCP Nametape (3 each)
FFP
The contractor shall completed services IAW PWS.
4002 4,200 Each OPTION OCP blank Nametape (2 each)
FFP
4003 2,100 Each OPTION Sewing Korean enlisted rank insignia on
FFP
the OCP PC (1 each):
4004 2,100 Each OPTION OCP Korean enlisted rank insignia patch
FFP
(1each)
4005 4,200 Each OPTION Korean Flag Patch (2 each)
FFP
PWS
PERFORMANCE WORK STATEMENT (PWS) SEWING SERVICES, KATUSA TRAINING ACADEMY
(KTA)
1. General
1.1. General: The contractor shall provide skilled personnel, tools, equipment, and materials required to provide sewing services in accordance with the regulations, terms, and conditions of this contract.
1.2. Safety: While on any installation controlled by the U.S. Government, the contractor shall comply with all applicable U.S. Government regulations and laws in effect.
1.3. Contractor Qualifications:
1.3.1. Licensing and certification: The contractor shall submit a valid business registration issued by the Republic of Korea Government.
1.3.2. Personnel performing services under this contract shall have a minimum of one (1) year experience in sewing services.
1.3.3. Point of Contact (POC): The contractor shall provide the name and telephone number of the POC acting as the Contractor’s on-site representative within seven (7) calendar days of being contracted.
1.4. Pick-up / Delivery:
1.4.1. The contractor shall pick up the Patrol Caps (PC), Korean enlisted rank insignia, and a complete list of all KATUSA trainees names at Camp Humphreys on the 1st Tuesday upon start of the course. The training calendar will be provided via email upon request.
1.4.2. The contractor shall deliver 3x Operational Camouflage Pattern (OCP) nametapes, 2x OCP ROKA nametapes, 1x Korean enlisted rank insignia sewed on the OCP PC, 1x OCP Korean enlisted insignia patch, 2x Korean flag patch will be consolidated and packed for each KATUSA trainee by name. The contractor shall deliver these items to Camp Humphreys by the 2nd Tuesday of each cycle.
(The schedule for FY24 will be distributed to awarded contractor)
1.5. Record Keeping: The contractor shall maintain a logbook (Hangul & English) of the names and signatures of all personnel authorized to do sewing services under this contract. The quantity of all items sewn on the uniforms by that individual will be annotated next to their name. This data will be used to substantiate invoices submitted by the Contractor for payment of services rendered.
1.6. Government Reimbursement: The Contractor shall replace any uniform items lost, stolen, or damaged by beyond repair while under Contractor control at no cost to the US government.
1.7. Physical Security: The Contractor shall ensure that all uniform items presented for service are secured in order to prevent damage, theft or loss.
1.8. Mission-Essential Contractor Services: The Government has identified that the services performed under this contract are in support of mission essential functions during both crisis and wartime. Contracted personnel shall provide emergency services in support of mission essential functions by accomplishing all tasks listed in this PWS for this peninsula or other locations identified.
In the event of a crisis or wartime the contractor will perform work outside normal duty hours. In case of any of those events, the Contacting Officer (KO) will issue a bilateral modification for re-negotiation of this contract.
2. References: Mandatory Regulations and standers for this contract are listed below. The publications will be made available to the Contractor for review at the start of the contract.
Supplements or amendments to theses publications may be issued during the life of the contract.
STANDARDS:
ASTM-D6193 dated 05 August 2020 – Standard practice for stitches and seams
FEDERAL REGULATIONS:
Federal Acquisition Regulation Subpart 42.5
ARMY REGULATIONS:
AR 670-1 dated 26 January 2021 – Wear and Appearance of Army Uniforms and Insignia AR 700-84 dated 22 July 2014 – Issue and Sale of Personal Clothing
ARMY IN KOREA REGULATION
AK 600-2 dated 24 May 2021 – Republic of Korea Army Personnel with the Army in Korea
3. Performance Requirements
3.1. Sewing Operations and Workmanship: Workmanship and all finished products shall be in accordance with the best commercial practices. Stitches, seams, and stitching type shall conform to ASTM-D6193. All seams shall start and finish evenly. Thread tension shall be well maintained so that there will not be tight or loose stitching. Finished uniforms shall not exhibit any defects which will affect serviceability and appearance.
3.2. Work Performance
3.2.1. Materials: Embroidery yarn shall be of continuous filament, two ply regenerated, cellulose, loose twisted type rayon yarn. Yarn shall be 150 to 100 deniers, black in color. Ensure all nametapes and sewing is serviceable and meets expectations of quality.
3.2.2. All necessary sewing instructions for KATUSA Trainees are listed below:
3.2.2.1 OCP Nametape (3 each):
The Contractor shall produce three (3) OCP embroidered nametapes for each KATUSA trainee.
Nametapes will be bi-lingual; Korean (han-gul) on the left and English on the right. The English lettering will be capitalized. Namtapes will be approximately 1” high x 4.8” in width and will be made of digitized fabric with hook type and embroidered with black lettering (See Figure 1). The Contractor shall furnish the digitized fabric-based cloth.
Figure 1. OCP Nametape
3.2.2.2 OCP ROKA Nametape (2 each)
The contractor shall produce two (2) OCP embroidered ROKA digitized nametapes for each KATUSA trainee. The ROKA nametapes will be bi-lingual; Korean (han-gul) on the left and English on the right.
The English lettering will be capitalized. Nametapes will be approximately 1” high x 4.8” in width with the back of it containing a hook type fastener (See figure 2.) The Contractor shall furnish the digitized based cloth.
Figure 2. OCP ROKA nametape
3.2.2.3. Sewing Korean enlisted rank insignia on the OCP PC (1 each):
The Contractor shall sew one (1) Korean enlisted rank insignia on the OCP PC; centered on the cap and 1” above the seam of the bill (See figure 3). The KTA will provide the Korean enlisted rank insignia to the contractor.
Figure 3. OCP PC
3.2.2.4 OCP Korean enlisted rank insignia patch (1 each):
The Contractor shall produce one (1) OCP embroidered digitized fabric patch with the Korean enlisted rank insignia sewed on. It will be approximately 2” high x 2” in width with the rear side made of a hook type fastener. The KTA will provide the Korean enlisted rank insignia to the contractor (See figure 4).
Figure 4. OCP Korean enlisted rank insignia patch
3.2.2.5. Korean Flag Patch (2 each):
The Contractor shall provide two (2) embroidered Korean flags for each KATUSA trainee. The Korean flags will be approximately 2” high x 3” in width and made of mixed cotton fabric with hook type fastener in the rear. The Korean flags shall be embroidered with actual colors and the edges shall be finished in yellow (See figure 5).
Figure 5. Korean Flag
3.3 Contracting Officer’s Representative (COR): The COR will be identified in a separate letter. The COR monitors all technical aspects of the contract and assists with a letter of designation which includes a copy that is sent to the Contractor. This letter states the responsibilities and limitations of the COR, especially in regard to changes in cost, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms or conditions of the resulting order.
3.4 Payment: The Contractor shall provide an invoice thru Wide Area Workflow (WAWF) and will be paid for service completed each month.
Base Year: 28 March 2024 – 27 March 2025 1st Option Year: 28 March 2025 – 27 March 2026 2nd Option Year: 28 March 2026 – 27 March 2027 3rd Option Year: 28 March 2027 – 27 March 2028 4th Option Year: 28 March 2028 – 27 March 2029
3.5. Post Award Conference/Periodic Progress Meetings:
The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer (KO), Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor’s performance. At these meetings the KO or COR will apprise the contractor of how the government views the contractors’ performance and the contractor shall apprise the Government of problems, if any, being experienced. Appropriate action will be taken to resolve outstanding issues. These meeting shall be at no additional cost to the government. The KO will require the Contractor or his representative to meet with the COR, contract administrator, and other government personnel at least quarterly, and as often as deemed necessary. The Contractor may request a meeting with the KO when he/she deems such as necessary. Meetings will be documented in the contract file with written minutes signed by the contract manager and the KO, or contract administrator. Should the Contractor not concur with the minutes, such non-concurrence shall be provided in writing to the KO withing ten
(10) calendar days of receipt of the minutes.
4. Performance Requirements Summary:
The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.
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 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government
0005 N/A N/A N/A Government 1001 Destination Government Destination Government 1002 N/A N/A N/A Government 1003 N/A N/A N/A Government 1004 N/A N/A N/A Government 1005 N/A N/A N/A Government 2001 Destination Government Destination Government 2002 N/A N/A N/A Government 2003 N/A N/A N/A Government 2004 N/A N/A N/A Government 2005 N/A N/A N/A Government 3001 Destination Government Destination Government 3002 N/A N/A N/A Government 3003 N/A N/A N/A Government 3004 N/A N/A N/A Government 3005 N/A N/A N/A Government 4001 Destination Government Destination Government 4002 N/A N/A N/A Government 4003 N/A N/A N/A Government 4004 N/A N/A N/A Government 4005 N/A N/A N/A Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 28-MAR-2024 TO
27-MAR-2025
N/A 8A WIGHTMAN NCO ACADEMY
MS. KIM, NA HYON
CAMP HUMPHREYS, KOREA
APO AP
UNITED STATES
315-756-3503
W56P0F
0002 POP 28-MAR-2024 TO
27-MAR-2025
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 28-MAR-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 28-MAR-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 28-MAR-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 28-MAR-2025 TO
27-MAR-2026
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 28-MAR-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 28-MAR-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
1004 POP 28-MAR-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
1005 POP 28-MAR-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 28-MAR-2026 TO
27-MAR-2027
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 28-MAR-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 28-MAR-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
2004 POP 28-MAR-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
2005 POP 28-MAR-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 28-MAR-2027 TO
27-MAR-2028
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 28-MAR-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
3003 POP 28-MAR-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
3004 POP 28-MAR-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
3005 POP 28-MAR-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 28-MAR-2028 TO
27-MAR-2029
N/A (SAME AS PREVIOUS LOCATION)
4002 POP 28-MAR-2028 TO
N/A (SAME AS PREVIOUS LOCATION)
4003 POP 28-MAR-2028 TO
N/A (SAME AS PREVIOUS LOCATION)
4004 POP 28-MAR-2028 TO
N/A (SAME AS PREVIOUS LOCATION)
4005 POP 28-MAR-2028 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 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 52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.212-4 Contract Terms and Conditions--Commercial Products and
Commercial Services
NOV 2023
52.225-14 Inconsistency Between English Version And Translation Of Contract
FEB 2000
52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.232-2 Payments Under Fixed-Price Research And Development
Contracts
APR 1984
52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-3 Continuity Of Services JAN 1991 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.246-4 Inspection Of Services--Fixed Price AUG 1996 252.201-7000 Contracting Officer's Representative DEC 1991 252.204-7023 Reporting Requirements for Contracted Services. JUL 2021 252.209-7999 Representation by Corporations Regarding and Unpaid
Deliquent Tax Liability or a Felony Conviction under any Federal Law
FEB 2012
252.215-7008 Only One Offer DEC 2022 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7041 Correspondence in English JUN 1997 252.225-7043 Antiterrorism/Force Protection Policy for Defense
Contractors Outside the United States
JUN 2015
252.228-7000 Reimbursement for War-Hazard Losses DEC 1991 252.232-7008 Assignment of Claims (Overseas) JUN 1997 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
NOV 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)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "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.
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(SEP 2023)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--
(1) Is set aside for small business and has a value above the simplified acquisition threshold;
(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.
Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and 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; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation.
(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.
(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.
(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by--
(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or
(ii) Contacting the Defense Standardization Program Office by telephone at 571-767-6688 or email at assisthelp@dla.mil.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(k) Reserved.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO THE OFFROR(S)
1. CONTRACT AWARD:
1.1. The Government intends to execute a Firm-Fixed Price (FFP) type contract for Sewing Services for KATUSA Training Academy (KTA). Award will be made using source selection procedures in accordance with Federal Acquisition Regulation (FAR) Part 12 “Acquisition of Commercial Items” and in conjunction with the policies and procedures prescribed in Part 13 Simplified Acquisition Procedures. This acquisition will be conducted using the LPTA process authorized by FAR 15.101-2; therefore, award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. 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”.
1.2. In accordance with FAR 52.212-1 “Instructions to Offerors-Commercial Items (OCT 2015), 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 proposals are deemed likely to meet the requirements.
1.1. QUOTATION SUBMISSION: Offerors’ quotations shall adhere to the following instructions:
These instructions are designed to ensure submission of essential information in order for the Government to understand and evaluate proposals. Offerors are cautioned to follow the detailed instructions fully and carefully, as the Government reserves the right to make award based on initial offers received, without discussions with Offerors.
For a proposal to be acceptable, an offeror must submit proposal to Ms. Yi, U Nan, contract specialist, unan.yi4.ln@army.mil no later than the solicitation closing date and time. Confirmation of submittal requirement prior to the RFQ closing date and time is offeror’s responsibility. The proposal submitted other than the above email will not be considered for award.
1.2. Offerors are cautioned to submit adequate information to enable the Government team to fully ascertain each Offeror’s capability to perform all of the requirements identified in the solicitation. All commitments made in the proposal shall become a part of the resultant contract.
2.3 Quotations shall be submitted electronically to Ms. Yi, U Nan, contract specialist, unan.yi4.ln@army.mil within the specified date and time of Solicitation (Korea Standard Time). The electronic bid shall be submitted by 1000 hours (Korea Standard Time) on the closing date of the solicitation.
2.4 Question Submission: Interested Offeror(s) must submit any questions concerning the solicitation via email to unan.yi4.ln@army.mil by 0100 p.m, 13 February 2024. Questions not received within a specified time may not be considered.
2.5 The Quotation(s) shall submit the following requirements:
2.5.1 Technical :
Sub-Factor 1. Prime Contractor's Business License – No page limitation Sub-Factor 2. Contractor’s Prior Experience – Maximum three (3) pages
2.5.2 Price Schedule:
(a) No page limitation
(b) Prices shall be in local currency (Korean Won)
2.5.3 Past Performance: Maximum three (3) pages
Note: The Government will only evaluate page 1 to the Last Page with a page limitation. Additional pages over the maximum allowed will be removed or not read and will not be evaluated by the Government.
Failure to submit the above requirements may indicate the offeror fails to understand the requirement, and may be grounds for determining the proposal to be technically unacceptable and ineligible for contract award in accordance with FAR 52.212-2 of this solicitation.
2.6 FAR Clause 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment AND 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENTS OR SERVICES—REPRESENTATION (OCT 2020): The offeror shall check mark in checkbox on the representation whether the offeror WILL or WILL NOT provide the covered telecommunications equipment or services and DOES or DOES NOT use covered telecommunications equipment. The Offeror shall provide the additional disclosure information required at paragraph of this section if the Offeror responds “WILL” or “DOES” in paragaraph of this section. (If both Clauses have been in SAM (https://www.sam.gov)already, you are not required to check mark).
2.7 PRE-AWARD SURVEY: A pre-award survey may be conducted on firms, to include joint venture partners and subcontractors indicating firm commitments to this acquisition, submitting proposals. The pre-award survey is to determine the prospective contractor’s responsibility in accordance with FAR Part 9.104-1. Information may be requested as required by the Contracting Officer and the information shall be submitted within three (3) working days of the request.
52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
Award will be made to the responsible Offeror submitting the Lowest Price 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:
Acceptable Quotation clearly meets the minimum requirements of the solicitation Unacceptable Quotation does not clearly meet the minimum requirements of the solicitation
A. Technical:
1. Sub-Factor 1. Prime Contractor’s Business License: The offeror shall submit a valid Business License issued by the ROK Government with both Korean and English version.
2. Sub-Factor 2. Contractor’s Prior Experience: The offeror shall provide the proof of experience at least one (1) year of same or similar services within the past three (3) years. The offerors(s) shall provide evidence of relevant prior experiences as required below:
‐ Tile of the contract/Project and Name of Client Organization ‐ A brief description of work completed ‐ Length of contract/Project (year/month/date – year/month/date) ‐ Complete name, telephone number of point of contract at Client Organization The experience of a subcontractor can substitute for the prime contractor’s experience.
Note: if the offeror shall use subcontractors or Other Teaming Arrangements (OTA) to perform on this requirement, the offeror shall submit Subcontractor’s current and valid license issued by the ROK Government and agreement as part of Technical Proposal.
B. Price:
Price analysis will be conducted for each proposal to ensure completeness, reasonableness IAW FAR 15.404-1(b).
The following applies to that evaluation.
(1) Completeness. The offeror shall complete the pricing information for all CLINs identified for base plus four (4) option periods. Any underlying assumptions 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) Prices is not scored. The Government will review the price proposal to determine the extent to which it is reasonable, realistic, and consistent with the technical proposal. The lowest price for award purposes will be the combined total of the effective period. Price shall include all CLINs and Sub-CLINs as listed on the Price Schedule.
The Government intends to evaluate proposals and award a contract without discussions. Therefore, Offerors are instructed that submitted proposals should contain their best pricing.
(4) Options: As part of price evaluation, the Government will evaluate its option to extend service (FAR Clause 52.217-8, Option to Extend Services) by adding one-half of the Offeror’s final option period price to the Offeror’s total price. Thus, the Offeror’s total price for 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.
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. Past Performance:
The following ratings will be used…
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