A21 W90VN8-21-R-0028.pdf

W582LE1151N021

Repair Gaurd Rail System, RLFC (PROJECT# 200801)

1. This is a Request for Proposal (RFP) issued to existing General Construction Multiple Aw ard Indefinite Delivery Indefinite Quantity (IDIQ) holding contract number(s) listed below ; Contract Numbers W91QVN-18-D-0100, 0102, 0104, 0105, 0106, 0110, 0111, 0112, 0134, 0135, 0137, 0138, 0139, 0141, 0142, 0143, 0145 and 0146.

2. Site Visit: Above MATOC contractors w ho intend to propose on this solicitation are strongly recommended to attend the Site Visit. See Section L for the schedule.

3. If the contractor is unable to submit the proposal in response to this solicitation, the Contractor shall submit the "NO OFFER LETTER" by date and time specif ied in this solicitation.

4. CONSTRUCTION PRICE RANGE Pursuant to FAR 36.204 the estimated price range is betw een $ 1,000,000 and $5,000,000.

MR. OM, IK-CHUNG 315-722-1385

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

17-Jun-2021

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________150 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Section F

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________05 Jul 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______360 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

411TH CSB, KOREA - IMB

UNIT#15289

APO AP 96205

W91QVN

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: 724-6977 TEL: FAX:

W90VN821R0028 26

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W90VN821R0028

Section A - Solicitation/Contract Form

NOTICE_SAEF

SUBJECT TO THE AVAILABILITY OF END-OF YEAR FUNDS (SAEF):

IAW FAR 52.232-18, Availability of Funds;

“Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.”

ELIGIBILITY FOR AWARD ROK MND

ELIGIBILITY FOR AWARD OF ROK MND CONTRACTS

(a) This solicitation is conducted under the LCS program and will result in a contract between the Government of the Republic of Korea (ROK) and the contractor. ROK will directly pay the contractor. No appropriated funds of the United States (US) shall be obligated for payment due under a contract resulting from this solicitation.

(b) In accordance with the International Agreement between the US and ROK, titled “Implementation Arrangement for the Special Measures Agreement” (hereinafter “International Agreement”), signed by the parties in 2019:

The parties hereby agree that all LCS work must be accomplished in the ROK or its territorial waters and that all equipment and supplies that are to be acquired with ROK Government funds shall be manufactured in the ROK, and all LCS service work shall be carried out by Korean contractor(s), the Korea Railroad Corporation, or the ROK military.

The term ‘Korean contractor” in implementing the LCS program in Section V, Paragraph 3 (of the 2019 SMA IA) is defined as follows:

1. An entity, that, including its parent, is a domestic corporation under the Korean Corporation Tax Act and whose domestic status is recorded in the Certified Copy of Register or its successor document. A parent is defined as an entity that holds more than 50/100 of the total issued and outstanding shares in another company, as reflected in the Stock Change Certificate; or

2. An individual who has Korean nationality.

(c) In order to establish eligibility for a LCS contract, the offeror shall submit the documents listed below with their proposal prior to the closing date/time established in the solicitation. The contracting officer will determine the offeror’s eligibility status as a Korean contractor solely on the basis of these documents.

(1) Prime Contractor Registration: The offeror shall submit its Certified Copy of Register (등기부 등본 (유효사항)), as certified and submitted to the ROK Supreme Court (대법원). In order to qualify as a Korean Contractor, the fourth block of the offeror's Certified Copy of Register [등기부 등본 (유효사항)] must state an address that is physically located in the Republic of Korea.

(2) Prime Contractor Stock Change Certification: The offeror shall submit its most recent Stock Change Certificate

(주식 변동 상황 명세서), as certified and submitted to the ROK Local Tax Office (국세청). The prime contractor’s

Stock Change Certificate (주식 변동 상황 명세서) will be evaluated to determine if the prime contractor has a Parent (as defined in the International Agreement extract above).

(3) If the Prime Contractor has a Parent, the offeror shall submit the Parent’s Certified Copy of Register

(등기부등본 (유효사항)) as certified and submitted to the ROK Supreme Court (대법원). In order for the Prime Contractor to qualify as a Korean Contractor, the fourth block of the offeror’s Parent’s Certified Copy of Register

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

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

Business Registration (사업자 등록증)

Basic Certificate (기본 증명서)

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

(d) To summarize the requirements stated above:

(1) An offeror that does not have a “Parent” will submit 2 documents to establish that the offeror is a Korean Contractor: 1) Offeror's Certified Copy of Register, and 2) Offeror's Stock Change Certificate.

(2) An offeror that does have a “Parent” will submit 3 documents to establish that the offeror is a Korean Contractor: 1) Offeror's Certified Copy of Register, 2) Offeror's Stock Change Certificate, and 3) Parent's Certified Copy of Register.

(3) An Offeror that does not have Stock Change Certificate will submit: 1) Business Registration, 2) Basic Certificate, and 3) Certificate of Business Fact.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Repair Guard Rail System

FFP

WORK CLASS: K Work

PROJECT : 200801

Repair Guard Rail System, Rodriguez Live Fire Complex (RLFC), Korea

- See attached Notice, Specification, Approval Material List, Drawing Information.

FOB: Destination

PURCHASE REQUEST NUMBER: W582LE1151N021

PSC CD: Z2LB

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Lot

WAR HAZARD

FFP

Estimated Cost for War Hazard Losses is Zero (0) FOB: Destination

PSC CD: Z2LB

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

TECHNICAL PROVISIONS - I

STATEMENT OF WORK

PROJECT NO TITLE LOCATION

200801 Repair guard rail RLFC

1. DESCRIPTION: The work to be performed to repair guard rail is described below and executed by one or more of the groups.

1.1. Work by Contractor: The contractor shall provide all labor, tools, equipment, supplies and any other resources necessary to accomplish the scope of work contained herein as indicated in the drawings and in accordance with the specifications. This Request for Proposal (RFP) is being conducted under the Logistics Cost Sharing (LCS) program. The contractor should not use off-shore materials without Government approval.

1.2. Work by In-House Labor: Not applicable to this project.

1.3. Work by Troop Labor: Not applicable to this project.

2. PRINCIPAL FEATURES: This project includes the following principal features:

2.1. Schedule #I, Repair (K): All work shall be in accordance with the attached drawings and specifications.

2.1.1. Civil Work

2.1.1.1. Replace delineators on existing guard rail every 3m or 4m with government approval.

(Drawing No. C-2 thru C-12)

2.1.1.2. Extend rolling guard barrier SB5 with delineators.

2.1.1.3. Replace/extend guard rail SB4. (Drawing No. C-2 thru C-12)

2.1.1.4. Replace solar LED road marker on existing curved section every 2LM (Drawing No. C-2 thru C-6)

2.1.1.5. Paint center and side line on exist Portland Cement Concrete (PCC) pavement area.

2.1.1.6. Replace curb inlet with Reinforced Concrete Pipe (RCP). (Drawing No. C-3 thru C-6)

2.1.1.7. Extend PCC pavement with sub and base course.

TP I-1

2.1.1.8. Paint cross walk.

2.1.1.9. Paint 3m width speed bump.

2.1.2. Electrical Work

2.1.2.1. Repair existing concrete paved roads by providing new snow melting system including heating cable, automatic snow melting systems, and hand holes on the surface of concrete roads.

2.1.2.2. Repair existing exterior power distribution system including primary and secondary line, and pad mounted transformers.

2.1.2.3. Replace exterior street lighting system with new including lighting contactor with motion sensing controllers. (Drawing No. E-1, E-6 thru E-12)

2.1.2.4. Provide 5 (five) years of extended warranty for automatic snow melting system, heating cable, high strength thermally conductive filler, snow/humid/temperature sensors.

2.2. Schedule #II, New Construction (L): All work shall be in accordance with the attached drawings and specifications.

None

TP I-2

TECHNICAL PROVISIONS - II

TECHNICAL DETAIL SPECIFICATIONS

GENERAL: The specification sections listed below are applicable to this project. The specifications are from the “Standard Technical Specifications for O&MA Projects, Korea, Revision 1” (2014 OMA SPECS, REVISION 1), dated 20151030, located on the http://www.usfk.mil/Portals/105/Documents/Contracting/NewContract/2014-OMA-SPECS_REVISION- 1.pdf. The electronic version of the specifications is Acrobat® PDF format and can be read with the Acrobat Reader® software.

The Standard Technical Detail Specifications:

The work shall conform to the most current version of the listed standards/specifications below.

DIVISION 01 – GENERAL REQUIREMENTS

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 32 01.00 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 45 00.00 10 QUALITY CONTROL

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 58 00 PROJECT IDENTIFICATION

01 78 00 CLOSEOUT SUBMITTALS

01 78 23 OPERATION AND MAINTENANCE DATA

DIVISION 02 - EXISTING CONDITIONS

02 41 00 DEMOLITION AND DECONSTRUCTION

02 61 13 EXCAVATION AND HANDLING OF CONTAMINATED

MATERIAL

DIVISION 26 – ELECTRICAL

26 00 00.00 20 BASIC ELECTRICAL MATERIALS AND METHODS

26 56 00 EXTERIOR LIGHTING

TP II-1

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 13 13.06 PORTLAND CEMENT CONCRETE PAVEMENT FOR

ROADS AND SITE FACILITIES

32 01 19.61 RESEALING OF JOINTS IN RIGID PAVEMENT

32 11 10 DRAINAGE LAYER

32 11 16.16 BASE COURSE FOR RIGID AND SUBBASE COURSE FOR FLEXIBLE PAVING

32 12 16 HOT-MIX ASPHALT (HMA) FOR ROADS

32 15 00 AGGREGATE SURFACE COURSE

32 16 13 CONCRETE SIDEWALKS AND CURBS AND GUTTERS

32 17 24.00 10 PAVEMENT MARKINGS

32 92 23 SODDING

32 93 00 EXTERIOR PLANTS

DIVISION 33 – UTILITIES

33 70 02.00 10 ELECTRICAL DISTRIBUTION SYSTEM, UNDERGROUND

TP II-2

TECHNICAL PROVISIONS - III

SPECIAL CONDITIONS

1. Material Approval Submittal:

(1) The contractor shall submit a shop drawing submittal schedule and the material approval request with all supporting documents to the COR within 7 days after receipt of NTP.

(2) Attached list of materials in Appendix “B” shall be included in the shop drawing submittal schedule and material approval request.

2. Environmental Requirements in Contract

The Contractor shall perform work consistent with the relevant policy and objectives identified in Installation’s Environmental Management System (EMS). The Contractor shall perform work in a manner that conforms to all appropriate Environmental Management Programs and Operational Controls identified by Installation’s EMS, including pollution prevention, waste reduction, energy use, and natural resource protection. The Contractor shall provide monitoring and measurement information as necessary for the organization to address environmental performance relative to the environmental, energy, and transportation management goals. In addition, the Contractor shall advise their employees of their roles and responsibilities identified by the EMS and how these requirements affect their work performed under this contract. The Contractor is responsible for ensuring that the Contractor and any persons involved in the supervision or performance of the contract complete all required Environmental training.

In the event of any environmental nonconformance or noncompliance associated with the contracted services, the contractor shall take corrective and/or preventative actions. In the event of any noncompliance with any federal, state, or local environmental law, regulation or requirement, the Contractor shall immediately respond by taking all appropriate corrective actions and notifying the Contracting Officer’s Representative (COR) and the Environmental Office. For any nonconformance with the EMS, the Contractor shall take corrective action and initiate further preventative action, as required by the Environmental Office.

All on-site contractor personnel shall complete necessary safety and environmental training specified for the type of work conducted on-site. Upon contract award, the COR will notify the EMS Manager to arrange Environmental training for appropriate staff.

Additionally, when ordering supplies for use on Installation, all contractor personnel must favor energy-efficient, recycled or reclaimed material whenever practicable.

TP III-1

The responsibilities of all contractor personnel include:

(1) Comply with all applicable environmental laws, regulations and installation environmental policies.

(2) Control and prevent spills or hazardous substances releases IAW installation Spill Prevention

Plan.

(3) Ensure dust, debris, materials, trash, etc., do not become air borne and travel off the project site.

(4) Do not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, topsoil and land forms without approval, except in areas indicated on the drawings or specified to be cleared.

(5) Monitor all water areas affected by construction activities to prevent pollution of surface and ground waters. Do not apply toxic or hazardous chemicals to soil or vegetation unless otherwise indicated.

(6) Open burning is prohibited on the Government premises IAW installation environmental policy.

(7) Participate in installation’s recycling program.

(8) Reducing the amount of hazardous material and/or solvent used by purchasing fewer hazardous materials and by increasing the use of products with recycled content. Spills of hazardous or toxic materials must be immediately reported to the Contracting Officer and the Environmental Office.

Storage, describing, packaging, labeling, marking and placarding of hazardous waste and hazardous material IAW applicable environmental laws, regulations and local environmental policies. Transport hazardous waste off Government property and dispose of it in compliance with National, Provincial, and/or Local requirements for solid waste disposal.

(9) Reducing the amount of solid waste from construction and demolition debris, and scrap metal sent to municipal and rubble landfills by reducing, reusing, and recycling. Handling, storage, and disposal of solid waste must be conducted to prevent contamination. Transport solid waste off Government property and dispose of it in compliance with National, Provincial, and/or Local requirements for solid waste disposal.

(10) Conserving energy and water usage by turning off lights and equipment when not in use and using only the necessary amount of water needed to complete the required tasks. Continuous conservation of our natural resources is a must.

(11) When potential cultural or historic items are inadvertently found during construction activities, immediately cease activities in the vicinity of the discovery and report the findings to the Environmental Office.

(12) Participate in installation’s Integrated Pest Management (IPM) program whenever practicable.

TP III-2

(13) Minimize interference with disturbance to, and damage to fish, wildlife, and plants including their habitat.

3. CONTRACT REQUIREMENTS PACKAGE ANTITERRORISM/OPERATIONS SECURITY REVIEW

COVER SHEET

After Notice to process is issued, COR shall take following action, Section IV. Standard Contract Language/Contract Clause Applicability and/or Additional SOW Language.

A. AT Level I training. This standard language is for contractor employees with an area of performance within as Army controlled installation, facility or area. All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled-access areas shall complete AT Level I awareness training within 30 calendar days after the contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 05 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil

B. Access and general protection/security policy and procedures. This standard language is for contractor employees with an area of performance within Army controlled installation, facility, or area.

Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

B-a. For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index

(NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

TP III-3

C. iWATCH Training. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 05 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

D. For contracts that require OPSEC Training. Per AR 530-1 Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter.

Section F - Deliveries or Performance

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 150 days including 90 days for procurement of US origin materials after Notice to proceed (NTP) is issed.

* The time stated for completion shall include final cleanup of the premises.

(End of clause)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.232-18 Availability Of Funds APR 1984

5152.232-4028 – Funding of ROK MND Contracts

FUNDING OF ROK MND CONTRACTS

(a) This is a contract between the Government of the Republic of Korea (ROK) and the contractor. ROK will directly pay the contractor. No appropriated funds of the United States (US) shall be obligated for payment due under this contract.

(b) Funding advisement: This contract, any modifications (including exercise of option(s)) thereto, and any delivery or task orders thereunder, shall be paid with ROK funds and shall cite “MOA Contract - funded by ROK MND” (in lieu of citing appropriations and accounting data). No U.S. funds, appropriated or other, are or will be obligated under this contract.

(c) Limitation of US liability: The U.S. Government shall incur no liability, and no appropriated or other funds of the United States shall be obligated, for payment for services, supplies, claims, or other costs arising out of or under this contracts, delivery or service orders, exercises of options, or other modifications.

(d) Identification of invoices: Contractor shall state clearly “MOA Contract - funded by ROK MND” on all invoices for performance under contracts, delivery or service orders that are designated as “MOA Contract - funded by ROK

MND.”

(e) Funding carry-over:

(1) The Contractor will make every reasonable effort to obtain completion of all performance under the contract and to obtain, approve, and forward Contractor’s invoices under the contract before the end of the calendar year of the contract. In the event that any work initiated under the contract cannot be completed by the end of the calendar year, the Contractor shall furnish the Contracting Officer and USFK, ATTN: FKJ4-P-G, not later than 30 November, the following information:

(i) A list of work that apparently will not be completed and invoiced by, and apparently will require payments after, the end of the calendar year;

(ii) Estimated price of work that apparently will be carried beyond the calendar year; and

(iii) Date of anticipated completion of the work.

(2) The ROK MND shall seek mutually agreeable procedures for payment for work carried over to the next calendar year.

(f) Availability of ROK Funds for the Next Calendar Year:

(1) This contract is funded with calendar year ROK MND funds, from date of award through 31 December of the year in which the contract is awarded and/or into which the contract is extended. ROK MND funds are not available for performance, under this contract, beyond 31 December of the current contract’s calendar year period. Any obligation and/or legal liability on the part of ROK MND for the next calendar year’s performance, including exercise of any option to extend the services/contract, is contingent upon the Contracting Officer’s explicit notification to the Contractor of availability of that new calendar year’s ROK MND funds, from which contractual payment(s) can be made.

(2) Unavailability of ROK MND funds until a few months into the new calendar year may necessitate a break in performance of the contract until those funds become available. In the event of a break in performance because of unavailability of the new calendar year’s ROK MND funds for obligation under the contract, that break in performance shall not be deemed a breach or default of the contract.

5152.232-4030 – Payments of ROK MND Contracts

PAYMENTS OF ROK MND CONTRACTS

(a) Responsibility for Payment: The ROK Government shall make payment directly to the contractor for performance rendered and accepted under any contract part, or delivery or service order identified as “MOA contract

– funded by ROK MND.” Payments shall be made at the prices specified in the contract.

(b) Performance Certification and Contract Administration: The U.S. Government has sole authority to administer this contract. The U.S. Government, through its designated USFK official(s), has sole authority to inspect and accept goods and services and to determine the Contractor’s entitlement to payment from the ROK under this contract. The administering U.S. Government Contracting Officer will resolve all disputes, claims, and appeals before certifying invoices for payment. Neither ROK MND nor ROK Defense Logistics Agency will pay any invoice or claim under this contract without prior U.S. Government certification of the invoice.

(c) Payment for Partial Deliveries: Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the U.S. Government, if (1) the amount due on the deliveries warrants it, or (2) the Contractor requests it and the amount due on the deliveries is at least either the local currency equivalent of $1,000.00 or 50% of the total contract price.

(d) Invoices: An invoice is a written request for payment for supplies rendered. In order to be proper, an invoice must include as applicable the following:

(1) Invoice date;

(2) Name and address of contractor;

(3) Contract number or other authorization for supplies delivered or service performed (including order number and contract line item number);

(4) Description, quantity, unit of measure, unit price and extended price of supplies delivered or services performed;

(5) Shipping and payment terms (e.g. shipment number and date of shipment, prompt payment discount terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading;

(6) Name and address to which payment is to be sent (which must be the same as that in the contract or on a proper notice of assignment);

(7) Name, title, phone number and mailing address of person to be notified in event of a defective invoice; and

(8) Any other information or documentation required by other provisions of the contract (such as evidence of shipment).

(9) Invoices shall be prepared and submitted in five (5) copies (one copy of the invoice shall be marked “Original”) unless otherwise specified.

(e) Procedures for Payment by ROK MND:

(1) The Contractor shall forward to the Contracting Officer’s Representative (COR), for certification of inspection and acceptance, all invoices in five (5) copies.

(2) If the contractor doesn’t receive payment within 35 days of the government’s receipt of the invoices, the contractor should contact the COR.

(f) Payment Addresses:

ROK Ministry of National Defense Defense Logistics Agency (DLA) Seoul, Korea

5152.233-4008 – Disputes Ministry of National Defense Funded Contracts, ROK

As prescribed in 25.003.c, insert the following clause:

DISPUTES, MINISTRY OF NATIONAL DEFENSE FUNDED CONTRACTS, ROK

(This clause applies only to ROK-funded acquisitions or parts of acquisitions.)

(a) All disputes arising under, or relating to, this contract shall be resolved under this clause.

(b) "Claim", as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim than can be resolved under a contract clause that provides for the relief sought by the claimant; however, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the clause until certified as required by subparagraph (d)(2) below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the clause. The submission may be converted to a claim under the clause, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(c) The contractor shall have the right to submit to the Contracting Officer, disputes, demands, and/or claims, relating to or arising under this contract, only on the issue of whether the Government should and will certify performance, for payment by the ROK Government. The contractor shall not submit to the U.S. Government, nor will the Contracting Officer accept, any disputes, demands, or claims for compensation for work, which the U.S.

Government has certified as completed.

(d) Procedures

(1) A claim by the contractor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a decision by the Contracting Officer.

(2) For contractor’s claims exceeding $100,000, the contractor shall submit with the claim a certification that –

(i) The claim is made in good faith;

(ii) Supporting data are accurate and complete to the best of the contractor's knowledge and belief; and

(iii) The amount requested accurately reflects the contract adjustment for which the contractor believes the Government is liable.

(3) Individuals

(i) If the contractor is an individual, the certification shall be executed by that individual.

(ii) If the contractor is not an individual, the certification shall be executed by –

(A) A senior company official in charge at the contractor's plant or location involved; or

(B) An officer or general partner of the contractor having overall responsibility for the conduct of the contractor's affairs.

(e) For contractor’s claims of $100,000 or less, the Contracting Officer will, if requested in writing by the contractor, render a decision within 60 days of the request. For contractor-certified claims over $100,000, the Contracting Officer will, within 60 days, decide the claim or notify the contractor of the date by which the decision will be made.

(f) The Contracting Officer's decision shall be final unless the contractor appeals the decision within 30 days of the Contracting Officer's decision, to the Principal Assistant Responsible for Contracting (PARC). In the event that the contractor does appeal the decision of the Contracting Officer, the appeal shall be heard by and decided by the PARC and/or a panel of U.S. officials, chaired by the PARC. The decision of this panel shall be final.

(g) The contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, or action arising under the contract, and comply with any decision of the Contracting Officer.

(h) Regarding "MOA Contract Funded by ROK MND" portion or period of this contract, any reference to the Disputes clause, FAR 52.233-1, shall be construed to mean this local clause 5152.233-4008.

Section J - List of Documents, Exhibits and Other Attachments

DRAWING INFORMATION

APPENDIX "A"

LIST OF APPLICABLE CONTRACT DRAWINGS

GENERAL: The work shall conform to the following contract drawings and OMA standard detail drawings, 2014 (dated 30 November 2015), issued by the Department of the Army, Installation Management Agency, Korea Region Office and located on http://www.usfk.mil/Portals/105/Documents/Contracting/NewContract/STANDARD-DETAIL-DRAWINGS- FOR-OMA-PROJECTS-KOREA_20151130.pdf, all of which form a part of the specifications.

Ring No. Sheet No. Description Date

1 T-1 TITLE SHEET - 1 27 MAY 21

CIVIL

2 C-1 LOCATION PLAN 27 MAY 21

3 C-2 SITE LAYOUT PLAN - 1 27 MAY 21

4 C-3 SITE LAYOUT PLAN - 2 27 MAY 21

5 C-4 SITE LAYOUT PLAN - 3 27 MAY 21

6 C-5 SITE LAYOUT PLAN - 4 27 MAY 21

7 C-6 SITE LAYOUT PLAN - 5 27 MAY 21

8 C-7 SITE LAYOUT PLAN - 6 27 MAY 21

9 C-8 SITE LAYOUT PLAN - 7 27 MAY 21

10 C-9 SITE LAYOUT PLAN - 8 27 MAY 21

11 C-10 SITE LAYOUT PLAN - 9 27 MAY 21

12 C-11 SITE LAYOUT PLAN - 10 27 MAY 21

13 C-12 SITE LAYOUT PLAN - 11 27 MAY 21

14 C-13 VEHICLE GUARD RAIL DETAIL 27 MAY 21

15 C-14 VEHICLE ROLLING GUARD RAIL DETAIL 27 MAY 21

16 C-15 PAVEMENT MARKING DETAILS 27 MAY 21

ELECTRICAL

17 E-1 SCOPE OF WORK, SPECIAL NOTE & EXTERIOR

LIGHTING POLE DETAIL

27 MAY 21

18 E-2 SITE LAYOUT PLAN 27 MAY 21

A-1

19 E-3 CROSS-SECTION "A" DIARGRAM AND DETAIL (SIX(6)

LINE)

20 E-4 CROSS-SECTION "A" DIARGRAM AND DETAIL

(FOUR(4) LINE)

27 MAY 21

21 E-5 FOUR(4) & SIX(6) LINE TYPE HEATING CABLE WIRING

DIAGRAM/HEATING CABLE

27 MAY 21

22 E-6 NEW EXTERIOR HEATING CABLE DISTRIBUITION &

EXTERIOR LIGHTING PLAN-1

27 MAY 21

23 E-7 NEW EXTERIOR HEATING CABLE DISTRIBUITION &

EXTERIOR LIGHTING PLAN-2

27 MAY 21

24 E-8 NEW EXTERIOR HEATING CABLE DISTRIBUITION &

EXTERIOR LIGHTING PLAN-3

27 MAY 21

25 E-9 NEW EXTERIOR HEATING CABLE DISTRIBUITION &

EXTERIOR LIGHTING PLAN-4

27 MAY 21

26 E-10 NEW EXTERIOR HEATING CABLE DISTRIBUITION &

EXTERIOR LIGHTING PLAN-5

27 MAY 21

27 E-11 NEW EXTERIOR HEATING CABLE DISTRIBUITION &

EXTERIOR LIGHTING PLAN-6

27 MAY 21

28 E-12 NEW EXTERIOR HEATING CABLE DISTRIBUITION &

EXTERIOR LIGHTING PLAN-7

27 MAY 21

29 E-13 NEW EXTERIOR HEATING CABLE DISTRIBUITION &

EXTERIOR LIGHTING PLAN-8

27 MAY 21

30 E-14 NEW EXTERIOR HEATING CABLE DISTRIBUITION &

EXTERIOR LIGHTING PLAN-9

27 MAY 21

31 E-15 NEW EXTERIOR HEATING CABLE DISTRIBUITION &

EXTERIOR LIGHTING PLAN-10

27 MAY 21

32 E-16 NEW EXTERIOR HEATING CABLE DISTRIBUITION &

EXTERIOR LIGHTING PLAN-11

27 MAY 21

33 E-17 NEW EXTERIOR HEATING CABLE DISTRIBUITION &

EXTERIOR LIGHTING PLAN-12

A-2

MATERIALS LIST FOR APPROVAL

APPENDIX "B"

List of materials for Material Approval Submittal

Submittal Identification

Description of Submittal

LC-1 Ready Mixed Conc. 30 Mpa and 24 Mpa

LC-2 GURAD RAIL SB-04 SHOP DRAWING

LC-3 ROLLING GUARD BARRIOR SB-05 SHOP DRAWING

LC-4 DELINEATORS

LC-5 SOLAR LED

LE-1 M.I. heating cable, 600V 1C STS

LE-2 Cold Lead cable

LE-3 SNOW SENSOR & DETECTOR

LE-4

High Strength filler (rasin type), heat loss prevetion devices

열전도성 도로포장 충진재(열전도수지액)

LE-5 Pad mounted transformer, oil filled radial type. 400KVA, Pri: 22.9KV, Sec.:220/380V.

LE-6 Pad mounted transformer, oil filled radial type. 300KVA, Pri: 22.9KV, Sec.:220/380V.

LE-7 Pad mounted transformer, oil filled radial type. 225KVA, Pri: 22.9KV, Sec.:220/380V.

LE-8 Pole mounted street light, LED light 100W, 120~277V, 8m concrete pole

LE-9 Handhole, steel cover

LE-10 Automatic snow melting system controller

LE-11 Motion sensing lighting contactor w/ motion sensors, NEMA 3R ENCL.

LE-12 Electric wires various

LE-13 Rigid steel conduit various

LE-14 Shop drawing for automatic snow melting systems

LE-15 Shop drawing for lighting contactor with motion sensing controller for street lights

LE-16 5-year of warranty certificate for automatic snow melting systems

B-1

SUBMITTAL REGISTER

- SEE ATTACHED SUBMITTAL REGISTER.

Section K - Representations, Certifications and Other Statements of Offerors

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

5152.204-4032 REPRESENTATIONS AND CERTIFICATIONS

(a) SUBCONTRACTING:

If the offeror contemplates subcontracting, it must obtain prior written approval of subcontractor from the PCO or ACO, and list below: (1) the names and addresses of the subcontractor(s), (2) the type of subcontracting, and (3) the estimated price for each subcontract.

(b) AFFILIATED OFFERORS:

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

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

(i) Whether the offeror has any affiliates;

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

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

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

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

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

(d) STANDARDS OF CONDUCT CERTIFICATION:

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

(i) Name ______________________________________________ Former rank/grade ____________________________________ Last US Government position ___________________________

(ii) Name ______________________________________________ Former rank/grade ____________________________________ Last US Government position ___________________________

(iii) Name ______________________________________________ Former rank/grade ____________________________________ Last US Government position ___________________________

Firm ____________________________________________________ Name _____________________________________________________ Signature __________________________________________________

Title _____________________________________________________ Date of Execution ____________________________________________

(e) TAXES:

(1) References:

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

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

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

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

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

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

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

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

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

(ii) Special Excise Tax:

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

Name of item manufacturer

(iii) Value Added Tax (VAT):

Input VAT on materials purchased for this contract. 10% _____ Input VAT on transportation leased/rented for this contract.10% _____ Input VAT on equipment leased/rented for this contract. 10% _____ Input VAT on services purchased for this contract. 10% _____ Output VAT on total contract amount. 10% _____

(iv) Special Excise (Petroleum) Tax:

No. of U/P

Liters w/o Tax Tax/Unit Total Tax Amount Regular Gasoline ________ (L) ________ w________ w_____________ Premium Gasoline ________ (L) ________ w________ w_____________ Diesel ________ (L) ________ w________ w_____________ Other ________ (L) ________ w________ w_____________

(v) Education Tax.

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

Oil Company: _________________________________________ (Name only)

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

Signed (Chop)

(f) CERTIFICATIONS AND REPRESENTATIONS

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

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

Section L - Instructions, Conditions and Notices to Bidders

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for Date: 23 June 2021 (Wednesday) Time: 09:00 am, Korea Standard Time

(c) Participants will meet at Location: Room# 424, Bldg# 2409, Camp Casey POC: Mr. So, Ki Chong / 0503-322-4535 (DSN) 722-4535

(d) Escort : Any Contractor who needs escort shall bring Korea identification card , passport or driver licence

(주민등록증, 여권 혹은 운전면허증) and contact to Mr. So, Ki Chong.

(e) Interested participants shall email the following information to Contract Specialist, Mr. Om, Ik Chung, ikchung.om2.ln@mail.mil NLT 1100 hours, 22 June 2021.

* Company Name & Name of Site Visit attendees

Government does not receive any information from interested site visit participants, the Government will cancel the Site Visit without notice.

(End of provision)

INSTRUCTION TO OFFEROR

1. GENERAL INSTRUCTIONS FOR PREPARATION OF PROPOSAL

a. The Government intends to award without discussion, but reserves the right to conduct discussions if deemed necessary and to establish a competitive range for efficiency in accordance with FAR 52.215- 1(f)(4).

b. Offeror(s) may, at the discretion of the Government, be asked to provide more information and clarification regarding their proposals. The Government may make a final determination as to whether an offer is acceptable or unacceptable solely based on the proposals as submitted, without requesting any further information. However, if it is deemed necessary the Government may, at its sole discretion, request additional information clarifying but not substantially changing any proposal as submitted.

2. SUBMISSION OF PROPSAL

a. The offeror shall email offer to the contract specialist, Mr. Om, Ik Chung (email address:

ikchung.om2.ln@mail.mil) by the Korea local closing time and date which can be found in Block 13 on page 1 of this solicitation. After submission of the offer, the offeror shall send an additional email shall to the contract specialist to verify if offer is received. It is the offeror responsibility to verify receipt of offer from contract specialist before the Korea local closing time and date. All questions should be emailed to ikchung.om2.ln@mail.mil within seven (7) calendar days after the solicitation is issued.

b. CLOSING DATE: The electronic offer shall be submitted by 1300 hrs on the closing date of RFP.

3. SUBMISSION REQUIREMENTS

a. PRICING PROPOSAL: The pricing proposal must clearly indicate prices for each Contract Line Item Number in Section B - Supplies or Services and Prices.

b. DETAILED OFFER BREAKDOWN: The detailed offer breakdown must clearly identify all costs that can materially impact the statement of work.

c. SECTION K - Representations, Certifications and Other Statements of Offerors

d. SECTION K-TAXES: Offerors must complete all tax portions of SECTION K. The offeror shall review all expenses to ensure that all applicable taxes are excluded from the overall price.