W91QVN-24-R-0097-Amendment1(PD2).pdf

0012117085

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provi ded herei n, all t erms and condit ions of t he document refere nced in Item 9A or 10A, as heretofore change d, remai ns unchanged and in ful l force and effect .

15A. NAME AND TIT LE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

ST ANDARD FORM 30 (Rev. 10-83) Prescr ibed by GSA

FAR (48 CFR) 53.243

See Next Page

1. CO NTRACT ID CODE P AGE OF P AGES

J 1 30

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

16C. DAT E SIGNED

BY 23-Jul-2024

16B. UNITED ST AT ES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contract ing Officer )(Signature of person authorized t o sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, Count y, Stat e and Zip Code) X W91QVN24R0097

X 9B. DAT ED (SEE IT EM 11)

01-Jul-2024

10B. DAT ED (SEE IT EM 13)

9A. AMENDMENT OF SOLICITAT ION NO.

11. THIS IT EM ONLY APPLIES T O AMENDMENT S OF SOLICITATIONS

X The above numbered soli cit ati on i s amended as set forth in It em 14. The hour and date specified for rece ipt of Offer is ext ended, X is not extended.

Offer must acknowl edge rece ipt of t his amendment pri or to the hour and date specified in the sol ici tat ion or as amended by one of t he fol lowing methods:

(a) By compl eti ng Items 8 and 15, and returning copi es of the amendment ; (b) By acknowledgi ng recei pt of thi s a mendment on each copy of t he offer submit ted;

or (c) By s epara te let ter or t elegram whi ch i ncludes a refe rence t o t he s olic ita tion and amendment numbers . FA ILURE OF YOU R A CKNOWLEDGMENT TO BE RECEIVED AT TH E P LACE D ESIGNATED FOR TH E RECEIPT OF OFFERS P RIO R TO THE HOUR AN D DATE SP ECIFIED MA Y RESULT IN

REJECTIO N OF YOUR OFFER. If by vir tue of thi s amendment you desire t o change an offer already submit ted, s uch c hange ma y be made by t ele gram or let ter, provided each t elegram or l ett er makes reference to the sol ici tat ion and this amendment , and is re ceived prior to the openi ng hour and dat e speci fi ed.

12. ACCOUNTING AND APPROPRIATION DAT A (If required)

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

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

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

CONT RACT ORDER NO. IN ITEM 10A.

B. T HE ABOVE NUMBERED CONT RACT /ORDER IS MODIFIED T O REFLECT THE ADMINIST RATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORT H IN ITEM 14, PURSUANT TO T HE AUTHORITY OF FAR 43.103(B).

C. T HIS SUPPLEMENT AL AGREEMENT IS ENT ERED INTO PURSUANT TO AUTHORITY OF:

D. OT HER (Specify type of modification and authorit y)

E. IMPORTANT: Contract or is not, is required to sign this document and return copies t o the issuing office.

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/ MODIFICATION NO. 5. P ROJECT NO .(If appli cable)

6. ISSUED BY

3. EFFECTIVE DATE

24-Jul-2024

CODE

411TH CONTRACTING SUPPORT BRIGADE, KOREA

HUMPHREYS CONTRACTING DIVISION

UNIT 15289

APO AP 96271-5584

UNITED STATES

W91QVN 7. AD MINISTERED BY (If other t han item 6)

4. REQUISITION/PU RCHASE REQ. NO.

CODE

See I tem 6

FACILITY CODECODE

EMAIL:TEL:

W91QVN24R0097

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 1

1. The purpose of this amendment is to;

A. Change Contracting Officer’ e-mail address to ADDENDUM TO FAR 52.212-1

INSTRUCTION TO OFFEROR – COMMERCIAL ITEMS; 5. GENERAL INSTRUCTIONS

FOR PREPARATION OF PROPOSAL; 2. SUBMISSION REQUIREMENT from Ms.

Nateeta Taylor to Mr. Pon Tran email: pon.v.tran.civ@army.mil.

B Change Technical Factor and responses to the questions as following.

ADDENDUM TO FAR 52.212-1 INSTRUCTION TO OFFEROR – COMMERCIAL ITEMS; 5. GENERAL

INSTRUCTIONS FOR PREPARATION OF PROPOSAL; (1) TECHNICAL FACTORS; Sub-factor 4.

Equipment Plan is revised as following.

FROM: The prime offeror shall submit copies of certification of vehicles (자동차등록증) with having capability to support bus services more than 1,200 passengers concurrently. The list shall be with owner’s name, bus plate number and manufacture. The buses shall be passenger type (commercial design) with seating capacity of 41 – 45, and the model year of the buses shall not exceed 7 years old from issuance date of this solicitation to meet the requirement.

TO: The prime offeror shall submit copies of certification of vehicles (자동차등록증) with having capability to support bus services more than 600 passengers concurrently. The list shall be with owner’s name, bus plate number and manufacture. The buses shall be passenger type (commercial design) with seating capacity of 41 – 45, and the model year of the buses shall not exceed 7 years old from issuance date of this solicitation to meet the requirement.

Question 1:

Given the annual budget of only about 500 million won, it is questionable whether it is necessary to include the condition of transporting 1,200 people simultaneously (approximately 28 buses) in the O&M Fund BPA BUS contract. With at least four companies expected to be selected through multiple choices, if each company can accommodate 1,200 people simultaneously, the total would be 4,800 people, which seems to be an oversupply.

We sincerely request that you consider lowering this requirement to 600 people, with its long-standing partnership with the USFK and unparalleled expertise and passion, may have the opportunity to be selected as the contractor.

Response 1. Please see the above.

Question 2.

It is heard that a current BPA contractor does not provide its owned buses as a prime contractor, instead its subcontractors are providing 100% of the required buses.

When an offeror is awarded this solicitation, will this kind of contract performance be acceptable?

As you know, this kind of subcontracting is illegal in Korea.

In addition, it is not clear whether the subcontractors are fully qualified for the current BPA requirements.

Response 2.

The Government will award to a prime contractor and the prime have all responsibility to perform the service.

2. All other terms and conditions remain unchanged.

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

NOTE

INVITED CONTRACTOR STATUS IS NOT AVAILABLE FOR THIS REQUIREMENT:

All sources may submit a proposal or quote 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 or quote, as applicable, including U.S. sources, must already have, or obtain the requisite business license 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 or quote, 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 the 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.

* The Price Proposal should be Korean Won (₩).

PWS

BLANKET PURCHASE AGREEMENT (BPA)

Section I: Performance of Work Statement (PWS) Commercial Bus Services for USFK

1. GENERAL.

1.1. Scope:

The contractor shall provide all supervision, labor, tools, facilities, materials, and transportation as necessary to furnish Commercial Bus Services to support Army, U.S. Marine Corps, Navy, Airforce and various exercises throughout the United States Forces Korea (USFK).

1.2. Period of Blanket Purchase Agreement (BPA):

The effective period of the BPA is for five years.

Base Ordering Period 1 November 2024 - 31 October 2025 or date of award

1st Year Ordering Period 1 November 2025 - 31 October 2026

2nd Year Ordering Period 1 November 2026 - 31 October 2027

3rd Year Ordering Period 1 November 2027 - 31 October 2028

4th Year Ordering Period 1 November 2028 - 31 October 2029

1.3. Term of BPA:

This BPA is not a contract. If the contractor fails to perform in a manner satisfactory or no longer required by the Government, this BPA may be cancelled with 30 days written notice to the contractor by the Contracting Officer (KO).

1.4. Hours of Operation:

The Contractor shall perform the work from Monday through Sunday include U.S Federal and Korean holidays. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the workforce are essential.

U.S. Government legal holidays

(1) 1 January (New Year's Day)

(2) 3rd Monday, January (Dr. King’s Birthday)

(3) 3rd Monday, February (President's Day)

(4) Last Monday, May (Memorial Day)

(5) 19 June (Juneteenth)

(6) 4 July (Independence Day)

(7) 1st Monday, September (Labor Day)

(8) 2nd Monday, October (Columbus Day)

(9) 11 November (Veterans' Day)

(10) 4th Thursday, November (Thanksgiving Day)

(11) 25 December (Christmas Day)

ROK Legal Holidays

(1) New Year’s Day - 1, 2 January

(2) Lunar New year - 3 days

(3) Independence Movement Day – 1st March

(4) Labor Day – 1st May

(5) Children’s Day – 5th May

(6) Buddha’s Birthday – 12th May

(7) Memorial Day – 6th June

(8) Constitution Day – 17th July

(9) Liberation Day – 15th August

(10) Chu Sok – 3 days

(11) National Foundation Day – 3rd Oct

(12) 9 October (Hangul Proclamation Day

(13) Christmas – 25th December

1.5. Place of Performance:

The work to be performed under this period shall be performed throughout USFK.

1.6. Quality Control Plan (QCP):

The contractor shall conduct QC in accordance with (IAW) their existing commercial standard to meet the requirements of this PWS The contractor shall provide QCP within 30 days Calendar after award of BPA. An updated copy of the contractor’s plan shall be provided to the Contracting Officer and COR within five (5) working days as changes occur.

1.6.1. The contractor’s QCP shall contain, as a minimum, the following items:

a. A description of the inspection system to cover all services. Description shall include specifics as to the areas to be inspected on a scheduled and unscheduled basis, frequency of inspections, and the title and organizational placement of the inspector(s).

b. A description of the methods to be used for identifying and preventing defects in the quality of service performed.

c. A description of how the records will be kept. Records must document all inspections and corrective or preventive actions taken.

1.6.2. The contractor shall keep records of inspections and make them available to the Government throughout the ordering performance period and for the period after contract completion until final settlement of any claims under this contract. The contractor shall collect data, perform self-evaluation, and document performance against standards associated with each specific requirement. The contractor shall submit a report semi-annually based on the description of the inspection systems that cover all services in this PWS.

The contractor shall address all tasks in the PWS based on the example below.

Objective (ordering period requirement)

PERFORMANCE

STANDARD

What level of performance is required to meet the Performance Objective or Task?

Acceptable Quality Level (AQL) or Performance Threshold

WHAT/DATA

SOURCE

What is the Contractor going to inspect?

CALCULATION

How will The Contractor determine if the AQL and Standard are being achieved?

This information comes from the

PWS.

This information comes from the

PWS.

This information comes from the PWS.

Contractor will submit

Contractor will submit.

1.7. Quality Assurance (QA):

The Government will evaluate the contractor’s performance under this BPA in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.8. Contracting Officer Representative (COR):

COR will be identified by separate letter. The COR monitors all technical aspects of the BPA and assists in BPA administration. The COR is authorized to perform the following functions:

assure that the contractor performs the technical requirements of the BPA: perform inspections necessary in connection with BPA performance: maintain written and oral communications with the contractor concerning technical aspects of the BPA: monitor contractor's performance and notifies both the contracting Officer and contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.9. Contractor’s Qualification:

1.9.1. Prime Offeror’s Prior Experience: The prime contractor shall have a minimum two (2) years of experience within the last six (6) years in bus transportation services.

1.9.2. Registrations/License: The Prime Contractor shall possess the valid and current

Passenger Transportation Business Registration (여객자동차운송사업증), Business

Registration (사업자 등록증) and Chartered Bus Transportation Business Registration

(전세버스 운송사업 등록증) issued by Republic of Korea (ROK) Government during the entire performance of this BPA.

1.10. Personally/Key Personnel.

1.10.1. Definition: “Key Personnel” mean employees of the Contractor that is considered to be essential to the work being performed under this BPA. Key Personnel are as follows: Contract Manager

1.10.2. Before removing, replacing, or diverting any of the listed or specified key personnel, the Contractor shall:

(1) Written notification to the Administrative Contracting Officer (ACO) reasonably in advance (14 calendar days is considered reasonable);

(2) Submit justification (including proposed substitutions with resumes of equal qualifications stated in this section 1.10.3.1) in sufficient detail to permit evaluation of the impact on this BPA;

and

(3) Obtain the Contracting Officer's written approval. Notwithstanding the foregoing, if the Contractor deems immediate removal or suspension of any member of its management team is necessary to fulfill its obligation to maintain satisfactory standards of employee competency, conduct, and integrity under the clause at 48 CFR 970.5203–3, Contractor's Organization, the Contractor may remove or suspend such person at once, although the Contractor shall notify the Contracting Officer prior to or concurrently with such action.

1.10.3. The list of key personnel may, with the consent of the contracting parties, be amended from time to time during the course of the BPA to add or delete personnel so long as the aforementioned items are addressed.

1.10.3.1. Contract Manager (CM): The Contractor shall provide a qualified CM who shall be responsible for supervising the overall performance of the work under the BPA. The CM shall have an experience as a CM with a minimum two (2) years perform in bus transportation and operations services within the last six (6) years.

1.10.3.2. CM shall be available during normal duty hours within two (2) hours of notice to meet on the installation with Government personnel (COR) to discuss problem areas. After normal duty hours, the CM shall be available within four (4) hours of notice, 24 hours a day, and seven

(7) days a week for emergency purposes. The CM shall be available by cell phone and shall provide their cell phone number to the KO and COR prior to start BPA.

1.10.3.3. CM shall be able to read, write, speak, and understand English.

1.11. Equipment Plan:

1.11.1. The prime contractor shall have capability to provide bus transportation service more than 600 passengers concurrently during the BPA period.

1.11.2. Buses: The buses shall be passenger type (commercial design) buses with seating capacity of 41 – 45, and the model year of the buses shall not exceed 7 years old during BPA period.

1.11.3. Each bus shall be equipped with devices and appliances for passenger comfort, including for heating system in winter season and cooling system in summer season. Each bus shall also comply with USFK Regulation 190-1. These buses must be equipped with spotlights with sufficient lighting to provide for safe entry and exit of bus passengers.

1.11.4. Operation of Buses: Buses shall be operated in accordance with the calls placed by the Contracting Officer or the Call Officers and applicable US Government and Republic of Korea Vehicle regulations and laws.

2. DEFINITIONS & ACRONYMS

ROK: Republic of Korea USFK: United States Forces Korea PWS: Performance Work Statement BPA: Blanket Purchase Agreement KO: Contracting Officer QCP: Quality Control Plan QA: Quality Assurance QASP: Quality Assurance Surveillance Plan COR: Contracting Officer Representative

3. GOVERNMENT FURNISHED ITEMS AND SERVICES: N/A.

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this BPA.

5. SPECIFIC TASKS:

5.1. The Contractor shall provide the vehicles, operators, fuels, facilities and management as required, and perform the bus services at the area designed, in the schedule, in accordance with this PWS.

5.1.1. Drivers:

5.1.1.1. Driver License: Bus drivers shall possess the Class I bus drivers’ licenses for driving bus that were issued/approved by ROK Government during performance duties under this BPA.

5.1.1.2. Items left on Bus by Passengers: Drivers shall be instructed by the Contractor that they are responsible to inspect the buses for articles left on the buses. Any article discovered by the drivers shall be turned to the Primary/Alternate Call Officers.

5.1.1.3. Safety: The drivers shall be instructed and trained on accident prevention and safety by the safety manager of the company quarterly. Also, the contractor shall comply with all applicable laws, rules ordinances, and regulations promulgated by the ROK Government and must comply rules and regulations of USFK while operating with the confines of an US Government installation. The contractor shall insure that safety precautions are taken during the performance of this BPA to protect the lives of contractor personnel, the property of the U.S.

Government and the Republic of Korea, as well as the private individuals and firms who may be exposed to or be endangered by the contractor’s actions. The contractor shall provide a written safety plan with policies, procedures, and safety checklist within 15 calendar days after BPA award. The program shall comply with the Korean Occupational Safety and Health Act (KOSHA). The Contractor agrees to comply with its written program for the life of the BPA.

Any changes or modification to its safety program shall be submitted to the Contracting Officer or his/her duly authorized representative for coordination and review. The safety plan shall be confirmed by Contracting Officer’s Representative (COR) then accepted by KO within 5 working days if there are any changes after award.

5.1.1.4. Risk Management Process. The safety plan shall include detailed job related hazards and controls measures and an Activity Hazard Analysis (AHA) for each work activity. The AHA shall include at a minimum the name of the activity/job, the job steps, the job hazards, the tools or equipment required to perform the job, control measures to eliminate or reduce the hazard(s), and a Risk Assessment Code (Risk Assessment Code is an assessment of the probability of the hazard occurring and its potential impact). The contractor shall assure that the safety control measures are implemented. The contractor may use the sample AHA forms in http://www.usace.army.mil/SafetyandOccupationalHealth/ActivityHazardAnalysis.aspx or develop their own.

5.1.1.5. Accident investigations, reports, and logs: The safety plan shall include a copy of the contractor’s accident investigation reporting format, and logs. Report all accidents as soon as possible but not more than 45 minutes of accident occurrence to the Provost Marshall, Contracting Officer/Representative (KO/COR). The contractor shall thoroughly investigate the accident and submit the findings of the investigation along with appropriate corrective actions to the COR in the accident investigation reporting format as soon as possible but no later than 72 hours following the accident. The contractor shall implement corrective actions as soon as reasonably possible but not later than 15 calendar day from report submission. The accident investigation reporting format shall include at a minimum:

(1) Contract number and contract name/description.

(2) Name of contractor

(3) Date/time of accident

(4) Date report was completed.

(5) Detail description of events that lead to the accident.

(6) Root cause of accident

(7) Contributing factors of accident

(8) Corrective action(s) to prevent recurrence.

(9) Specific dates when the corrective actions will be implemented.

5.1.1.6. The following require immediate accident notification and written accident report:

(1) A fatality.

(2) A permanent total or permanent partial disability.

(3) The hospitalization of three or more people resulting from a single occurrence.

(5) Property damage of $200 or more.

5.1.2. Buses

5.1.2.1. Buses shall be operated in professional and courteous manner with provisions of the applicable regulations. It shall be the driver’s responsibility to assure that the seating occupancy of the buses does not exceed the passenger capacity posted within each bus. Drivers shall operate buses in strict adherence to traffic signs posted within all military installations and the streets and highways of the ROK.

5.1.2.2. Bus Appearance: Seating areas overhead luggage rack and floors of the buses shall be dry and free of debris at all times. Buses shall be equipped with proper safety devises and be in safe operating condition at all times. Any defective equipment on buses shall either be immediately repaired or replaced. Bus floors will be broom-swept before leaving the bus terminal for each run. Buses shall be equipped with serviceable fire extinguisher, warning kits and first aid kits. All vehicle operators shall ensure their vehicles are locked and properly secured when not in use. Keys shall not be left in any unattended buses.

5.1.3. The Contractor shall obtain and keep current all appropriate permits from the authorities of the ROK Government, translate these permits into English, and provide a copy of both the English and Korean version to the Contracting Officer. All drivers employed by the Contractor from ROK Government.

5.1.4. Maintenance and Repair: The Contractor shall provide maintenance and repair of buses under this agreement to ensure that the buses always operate safely. Operator maintenance shall be performed at the Contractor’s facility.

5.1.5. The Contractor shall arrive at the designated location no later than 20 minutes before the scheduled departure time or as requested to support BPA requirements. The US Government will provide parking lot while the driver awaits pickup of passengers at the designated US Government location.

5.1.6. The Contractor shall be responsible for the performance of all inspection requirements.

The Government reserves the right to perform any inspection and tests which are deemed necessary to assure that services conform to the prescribed requirements and standards.

5.1.7. Notice of Accident: All cases of personal injury of passengers requiring medical attention or death of passengers in the performance of this BPA shall be verbally reported no later than 30 minutes by the contractor to the Provost Marshall office nearest to the accident site and the COR ICW 5W (Who, What, Where, When and Why) report in accordance with this PWS paragraph

5.1.1.6. A full and complete written report of the accident shall be submitted to the Contracting Officer through the COR, within 72 hours following the verbal report.

5.1.8. Call Orders: The Contracting Officer or Call Officer will issue Call Order no later than (NLT) three (3) working days prior to desire movement date. It’s the responsibility of the Contractor to ensure that a Call Order is only made by the Contracting Officer or Call Officer.

The Call Order will be issued orally or written by the Ordering Officer.

5.1.9. Cancellation Notice: When any changes for the planned mission schedule or cancellation have to be made, a written or telephone notification will be provided no later than 1700 hours, on the day before the commitment. However, in case of emergency circumstances, such as alert, adverse weather conditions of other unavoidable circumstances, the contractor shall be notified at least 3 hours prior to designated spotting time which will allow the Contractor to cancel the dispatch of buses.

5.1.10. Cancellation Charges: When and if buses are actually requested as ordered by the Call Officer and cancelled within time period specified above, the cancellation charges will be paid to the Contractor as specified in the price list. (Before 10 hours cancellation to spot time will be paid 50 % of original chare, after spot time cancellation will be paid 100% of original charge.

5.1.11. Liability Insurance: The Contractor shall maintain during the term of this Agreement insurance on Contractor operated buses with an organization acceptable to the Contracting Officer as follows:

5.1.11.1. The company must have adequate commercial insurance as prescribed by Korea law to cover any accidents or death of passengers or other persons injured/killed and property damage through operations of Company buses. The insurance shall remain current or be renewed so as to insure a valid in force insurance policy is in effect at all times covered by the agreement. The contractor shall provide a copy of the insurance policy to the Ordering Officer with the signed copy of the BPA. The policy must specify the amounts and types of coverage and all limitations of the policy.

5.1.11.2. The Contractor shall submit a copy of insurance policies to the Contracting Officer Representative within ten (10) calendar days after established of the BPA.

5.2. PERFORMANCE REQUIREMENT SUMMARY (PRS).

5.2.1. The contract performance requirements are summarized in performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimally acceptable levels of service required for each requirement.

5.2.2. The PRS and the contractor’s QCP provide information on BPA requirements, the expected level of contractor performance and the expected method of government validation and confirmation of services provided. These thresholds are critical to mission success. Procedures as set forth in the FAR 52.212-4. The COR or designated representative will conduct the inspections, and any deficiencies are to be provided to the contractor in writing.

Performance Objective

Performance Standard

PERFORMANC

E THRESHOLD

Method of

Surveillance

Remedy

Vehicle/Equipment:

Type of Vehicle Required

PWS 1.11.2

Bus seating capacity of 41-45.

One (1) bus does not meet the standard for every 20 buses inspected.

Random, Customer Complain

Cleaned with 30 minutes of notification

Bus Driver Each driver employed by the contract shall have a valid driver’s permit as required by the Government of the Republic Korea

PWS 5.1.1.1.

All drivers shall have a valid Class I Bus driver’s license on their person at all times while operating the bus

100% Random

Replace the bus driver within 2 hour.

Maintenance:

Bus maintenance to ensure full safe and operating capability.

PWS 5.1.5

All bus maintenance shall be accomplished IAW posted schedule

95% Random

Replace bus that has been maintained within 1 hour without additional charge to the Government

Safety Plan:

Contractor has a responsible for completing and abiding by their safety plan.

PWS Para. 5.1.1.4

Safety standard shall be IAW contractors’ safety plan and safety equipment shall be operational

100% Random

Fix safety violations.

Delivery Ticket Technical Exhibit 1.

Writing detail information all requested Delivery Ticket (No1 thru 14) and user signature including dated by signature.

95% 100% Return to the company if not enough information at delivery ticket

5.3. On/Off Ramps

5.3.1. The Government has the flexibility to remove (i.e., “Off Ramp”) and/or add (i.e., “On

Ramp”) contracts from the original BPA pool of vendors after the initial contract awards are made. The intent of the Government is to award to multiple vendors with the ability to add and/or remove awarded contracts during the contract period of performance in order to maintain a viable competitive environment.

a. Off Ramp - The Government may cease to award a call to a particular contractor if and when a contractor fails to submit an offer in response to an RFP for three (3) consecutive times without prior notification of “no offer” to the Contracting Officer or ten (10) times refusal to MCT ordering officer’s call per months or based on the Contracting Officer’s discretion. If this occurs, the Contractor will be suspended from submitting offers. Contractor performance under the call under the BPA will also be evaluated at the end of each year and that will be a factor in determining whether or not to be off ramped from the original BPA pool.

b. On Ramp – Even if off ramps are not implemented, new sources may be awarded new contracts. The Government will determine if it is in Government’s best interest to “on-ramp” and reopen the original solicitation to conduct a competitive solicitation process that may result in the addition of new contractors.

5.3.2. The Government to reserves the right to increase the total number of active contracts above the number of contracts originally awarded if it is determined to be in its best interests to maintain a viable competitive environment using the On Ramp procedures.

5.3.2.1. On Ramp Procedures - The Government reserves the right to reopen competition for awardees during the period of performance of the original contract. In the event an on-ramp procedure is used, the Government will advertise the reopening of the competition on https://sam.gov and awardees shall meet the same criteria established in the initial solicitation and any amendments. The evaluation and selection of awardees for any on-ramp will be exactly the same evaluation and award criteria used for the initial basic agreement.

5.3.2.2. Any new awardees will compete with the remaining original contractors over future requirements within the fair opportunity ordering procedures in the original BPA.

5.3.2.3. Any additional contractor(s) added due to on-ramp procedure(s) will not impact the maximum value for this acquisition and the period of performance for new awardees will not extend beyond the terms specified in the original BPA.

5.3.3. The Government will not consider unsolicited requests from sources to be added to the BPA on a noncompetitive basis.

6. APPLICABLE REGULATIONS: The following regulations form a part of this purchase description to the extent specified herein: The following regulations whichever are the most current must be used under this BPA.

a. UFK 55-37, Korea Traffic Management, dated 12 August 2013.

b. USFK Reg 190-1, Motor Vehicle Traffic Supervision dated 10 May 2012.

c. DoD Reg 4500.0-R, Part II, Appendix M, Defense Transportation Regulation (DTR).

d. Mileage Distance Table, published by 25th Transportation Battalion, changed dated 1 Dec

7. ATTACHMENT.

7.1. Attachment-1, Deliverable Table of Price List

7.2. Attachment-2: Mileage table published by 25th Transportation Battalion

8. TECHNICAL EXHIBIT 1 - Deliverables Table

Deliverable & PWS Section Frequency

# of Copies Medium/For mat Submit To Remedy of

Failure Quality Control Plan

(QCP)

PWS 1.6

Within 30 calendar days after established of BPA.

Subsequent submission, five

(5) working days as changes occur.

1 electronic copy in contractor’s format

COR Resubmit within 3 working days.

Safety Plan

PWS 5.1.1.4

Within 15 calendar days after established of BPA.

1 electronic copy in contractor’s format

COR Resubmit within 3 working days.

Deliverable & PWS Section Frequency

# of Copies Medium/For mat Submit To Remedy of

Failure Subsequent submission, five

(5) working days as changes occur.

Accident Investigations, Reports and Logs

PWS 5.1.1.6

Within 72 hours of accident occurrence.

1 electronic copy in contractor’s format

COR Resubmit within 2 working days.

SECTION II

BPA Administration Data

1. BPA ADMINISTRATION: Branch C, Humphreys Contracting Division, 411th Contracting Support Brigade (CSB) will administer this BPA. The Contractor shall, after receipt of this BPA, direct all questions concerning this BPA to:

Branch C, Humphreys Contracting Division 411th Contracting Support Brigade (CSB)

APO AP 96271-5289

2. IMPORTANT NOTICE:

2.1. The Contractor shall not accept any instructions issued by any person other than the Contracting Officer or individual authorized to place BPA Calls acting within the limits of their authority. No oral statements of any person, whomsoever, will in any manner or degrees modify, or otherwise affect the terms and conditions of this BPA or subsequent BPA Calls. The Contracting Officer will be the only person authorized to approve changes in any of the requirements under this BPA, and notwithstanding any provisions contained elsewhere in this BPA, said authority will remain solely with the Contracting Officer.

2.2. No information other than that which may be contained in any authorized amendment to this solicitation or any authorized modification to any resulting BPA issued by the Contracting Officer, which may be received from any person employed by the U.S. Government or otherwise, shall be considered as grounds for deviation from any provisions, conditions or other terms of these documents.

3. EXTENT OF OBLIGATION:

The Government is obligated under this BPA only to the extent of authorized purchases actually made under the BPA.

4. INSPECTION AND ACCEPTANCE:

4.1. Inspection for quality, quantity count, and final acceptance of the services performed under this Agreement shall be conducted by the Receiving Officer at the Receiving Point.

4.2. The Receiving Officer is responsible for inspection and acceptance of services, and preparation of receiving reports either in block 32a of DD Form 1449 or by separate DD Form 250 (Material Inspection and Receiving Report).

5. PRICING:

5.1. Waiting Charge: Free time will be two (2) hours at the pick-up and drop point. The Government will pay waiting and driver charge after free time.

5.2 The bus service charges are counted from the origin regardless the bus depart anywhere to the final destination IAW the mileage table published by 25th Trans. Also, if the bus detour the routine due to an unexpected circumstance and beyond the driver’s control, it must be verified and approved by the ordering officer.

6. CALL LIMITATION:

Individual calls under the BPA shall not exceed $25,000.00. Calls shall not be split in order to avoid this limit. Call Officers will not make calls against this BPA when the call exceeds $25,000.00. If a requirement exceeds $25,000.00, the requirement will be routed through the 411th CSB Korea.

7. NOTICE OF INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE BPA AND

DOLLAR LIMIATIONS:

7.1. A list of names of individuals authorized to place calls under the BPA, identified by organizational component and the dollar limitation per call for each individual will be furnished to the contractor by the contracting officer. The US Government will be responsible for only calls made by authorized personnel.

7.1.1. The Call Officer shall not perform the duties of the COR.

7.1.2. Calls placed by unauthorized individuals and accepted by the Contractor will not be approved for payment. Therefore, it is the responsibility of the contractor to accept only those calls placed this BPA by an authorized Call Officer. This authority may not be re-delegated.

7.1.3. The Contracting Officer will notify the Contractor for any changes or additional individuals authorized to call.

7.1.4. Each call placed by an authorized Call Officer from activities other than 411th CSB shall be ID numbers generated by the CMR and CHCR System.

ID Number: When Call officers process CMR/CHCR system, ID number is created per mission.

8. DELIVERY TICKETS:

8.1 All services furnished under the agreement will be accompanied by delivery tickets or sales slips which will contain the following minimum information:

(1) Name of Contractor

(2) TMR Number

(3) Date of Call

(4) Call Number

(5) Itemized List of Services Furnished

(6) Quantity, unit price, and extension of each item, less applicable discounts.

(7) Date of services furnished

(8) Credit Card Sales Slip

(9) The COR will certify and complete the following information on each delivery tickets:

“I certify that all supplies/services called for in the BPA have been received in accordance with the terms specified in the order.”

8.2. All delivery tickets will be countersigned by the receiving officer of the delivery point upon receipt of services purchased under the BPA. One (1) copy will be retained by the COR and original maintained by the contractor and utilized to prepare and submit with the summary invoice to the COR.

9. CALL PROCEDURE: Purchases made using the BPA are referred to as calls and must be on the basis of an authorized purchase request from a Government Requiring Activity. A record shall be maintained for each Call placed against the BPA. Call Orders may be made orally or telephonically in emergency situations, but all Call Orders must be followed up with a written Call Order as soon as practicable. Each call will be placed by authorized Call Officers or the Contracting Officer. The list of authorized Call Officers will be provided by the Contracting Officer, the 411th CSB Korea at the time of award. The Call Officer will not perform the duties of the COR.

10. BPA REPORTS: The Contractor shall submit a report for ordering status to the Call Officer when received BPA call. In this report, the Contractor must provide the number of buses and the total Korean Won cost. The Call Officer will provide the report of Call Register to the Contracting Office when issued BPA call.

11. INVOICES:

11.1. A summary invoice shall be submitted at least monthly base or upon expiration of the BPA, whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets covered thereon, stating their total dollar value, and supported by receipted copies of the delivery tickets.

11.2. One (1) original summary invoice and delivery ticket shall be provided to the COR for each submittal.

12. PAYMENT:

12.1. Payment Address:

(1) For U.S. Appropriated Fund payments: Reference FAR clause 52.232-33 Mandatory

Information for Electronic Funds Transfer Payment (OCT 2003). This clause requires that payments be made by electronic funds transfer by the Finance Office. The Contractor shall provide information required concerning the financial institution to receive electronic funds transfers to the designated payment office. Payment over $15,000 will be received after invoice submission and approval through WAWF.

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.