G2-13 RFP W90VN921R0021.pdf

M599011084LCS001-0001

Wash Rack Environmental Upgrades , Camp Mujuk (Project No. MFK 59999-21-5)

LCS PROJECT KOREA WIDE / NON-WORK PLAN (CY21 LCS PROGRAM)

"THIS IS A NON-WORK PLAN TASK ORDER FOR THE FOLLING KOREA WIDE LCS MA IDIQ CONTRACTS ONLY".

Contract Numbers: W91QVN-18-D-0100, 0102, 0104, 0105, 0106, 0110, 0111, 0112, 0134, 0135, 0137, 0138, 0139, 0141, 0142, 0143, 0145, and 0146.

OFFERORS MUST COMPLY WITH THE FOLLOWING:

A. Site Visit: Offerors w ho intend to propose on this solicitation are encouraged to attend the site visit. See site visit clause FAR 52.236-27 in Section L. Offerors are required to have a valid Korean Identif ication Card w hen attending the site visit orientation.

B. If the contractor is unable to submit the proposal in response to this RFP, the contractor shall submit the “No-Offer Letter’ by date and the specif ied in this solicitation.

C. The pricing proposal shall be submitted by 1300 hours on the closing date of the RFP through the Federal Business Opportunities w ebsite https://beta.sam.gov/ .

D. Section K: Offerors must complete and portions of Section K, and submit this section at https://beta.sam.gov/.

MS. CHONG, HYE-YONG 315-763-5698

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

10-May-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 ________180 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

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 specified in Item 8 by ___________ local time ______________31 May 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 offers 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 _______120 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 CONTRACTING SUPPORT BRIGADE, KOREA

RCO DAEGU, UNIT #15682

APO AP 96218-5682

UNITED STATES

W90VN9

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: TEL: FAX:

W90VN921R0021 32

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

W90VN921R0021

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Work Type: "K"

FFP

Wash Rack Environmental UpgradeProduct Service Data at Camp Mujuk. The Contractor shall provide all necessary resources for this requirement and perform Project No. MFK 59999-21-5 in accordance with the Statement of Work (SOW), Specification, and terms and conditions of this contract contained herein.

FOB: Destination

PURCHASE REQUEST NUMBER: M599011084LCS001-0001

PSC CD: Y1NC

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Each Estimated Cost for War Hazard Losses

FFP

is Zero (0) FOB: Destination

NET AMT

LCS

FUNDED BY ROK MND IAW MOA BETWEEN USFK AND ROK MND

LCS STATEMENT

THIS IS A ROK MND (THE REPUBLIC OF KOREA, MINISTRY OF NATIONAL DEFENSE) FUNDED

ORDER. NO APPRORIATED FUNDS OF THE UNITED STATES SHALL BE OBLIGATED FOR

PAYMENT DUE UNDER THIS ORDER.

ROK LCS(LOGISTICS COST SHARING)-FUNDED ACQUISITION SHALL NOT REQUIRE OFF-

SHORE PURCHASE OF MATERIALS. ONLY KOREAN SOURCES ARE ELIGIBLE FOR AWARD OF

LCS-FUNDED CONTRACT.

THIS SOLICITATION IS BEING CONDUCTED UNDER THE LOGISTICS COST SHARING (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 SHALL BE OBLIGATED

FOR PAYMENT DUE UNDER THIS CONTRACT.

411TH AWARD RECOMMENDATION PROCESS: THE 411TH CONTRACTING SUPPORT BRIGADE

(CSB) WILL CONDUCT THE SOLICITATION AND MAKE A RECOMMENDATION OF CONTRACT

AWARD IN ACCORDANCE WITH UNITED STATES LAW.

REPUBLIC OF KOREA MINISTRY OF NATIONAL DEFENSE (ROK MND) CONTRACT AWARD

PROCESS: ROK MND WILL AWARD LCS CONTRACTS IN ACCORDANCE WITH THE

FOLLOWING CRITERIA: "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 ROKG FUNDS SHALL BE MANUFACTURED IN THE ROK, AND THAT ALL LCS

SERVICE WORK SHALL BE CARRIED OUT BY KOREAN CONTRACTOR(S), KOREA RAILROAD

CORPORATION, OR THE ROK MILITARY. EQUIPMENT AND SUPPLIES THAT ARE IMPORTED

INTO KOREA AND ASSEMBLED IN KOREA ARE CONSIDERED OFF-SHORE MATERIALS AND

NOT MANUFACTURED IN THE ROK FOR PURPOSES OF LCS WORK." FOR INFORMATION

ABOUT THE ROK AWARD PROCESS, CONTACT THE REPUBLIC OF KOREA MINISTRY OF

NATIONAL DEFENSE LOGISTICS MANAGEMENT BUREAU. FOR ALL OTHER INFORMATION

ABOUT THIS PROCUREMENT, CONTACT THE 411TH CSB CONTRACTING OFFICER.

Section C - Descriptions and Specifications

SOW

STATEMENT OF WORK

PROJECT NO TITLE LOCATION

MFK 59999-21-5 Wash Rack Environmental Upgrades Camp Mujuk

DESCRIPTION: The work to be performed for completion of this project shall be in general as described below and executed by one or more of the groups.

a. Work by Contractor:

(1) 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 and drawings.

b. Work by In-House Forces: Not applicable to this project.

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

PRINCIPAL FEATURES: This project includes, but will not be limited to the following principal features:

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

Civil Work

Project Description Pohang:

Perform all required work to install drainage trench with traffic rated grating covers at pavement markings at the wash rack in the areas shown on the attached drawings.

SPECIAL CONDITIONS

1. GENERAL: In addition to the requirements specified under "GENERAL PROVISIONS" for the Fixed Price Construction Contract for this project, the Contractor shall comply with the following "SPECIAL CONDITIONS" which form a part of the contract.

2. TERMS OF CONTRACT: All work shall be completed within a (180) calendar days period commencing from the date of Notice to Proceed.

3. NOTIFICATION OF INSPECTION SECTION: Prior to starting work the contractor shall notify the COR of the actual date he intends to start work. The contractor shall also give the project inspector seven working day notice prior to each concrete placement, field test, weld application, protective coating application, or any other work deemed to require inspection.

4. APPLICABLE PUBLICATIONS: The following publications are applicable to this scope of work:

a. Safety and Health Requirements Manual, EM 385-1-1 U. S. Army Corps of Engineers.

b. NAVFACPAC Instruction 5100.4C, Section 01525, Safety and Occupational Health Requirements. HIGH- VISIBILITY SAFETY APPAREL - on construction jobsites shall wear vest with retro reflective and fluorescent material (i.e. ANSI/SEA 107- 2004 Class II compliant orange mesh vests) in accordance with

NAVFACPACINSTRUCTION 5100.4C.

c. Korean Industrial Standard (KS).

d. Unified Facilities Criteria - all disciplines as applicable

e. MCO 5530.14A Marine Corps Physical Security manual

5. MATERIALS: The materials not specified herein shall be subject to the approval of the Contracting Officer (KO) or the designated COR

6. SUBMITTALS: As soon as practicable, the Contractor shall submit (1) electronic set of the following submittals to the COR for approval before commencement of work:

a. Safety Data Sheets (SDS):

b. Hazard Analysis Plan and Safety Prevention Plan with Accident Prevention Plans

c. Quality Control Plan and Work Schedule.

d. Catalog cuts or Samples of Construction Material.

7. ENVIRONMENTAL: Prior to start of work, the Contractor shall obtain approval of all hazardous materials to be used from the Environmental Office. All excess hazardous materials if any shall be removed and/or disposed of in accordance with USFK Pamphlet 200-1, Environmental Governing Standards and local Korean laws and regulations, unless directed otherwise in the contract.

8. WORKING HOURS: From 07:30 to 16:30, Monday through Friday, except for U.S. Federal holidays, ROK Holidays and other days specifically designated by the Contracting officer representative (Training holidays, etc.).Requests for work outside of regular hours may be made in writing (5) days in advance to the Contracting officer representative (COR).

9. WORKING SCHEDULE: Within five working days after the date of order, the Contractor shall submit a work schedule in writing to the Contracting officer representative for approval. In no event shall the Contractor change the approved work schedule without prior written approval of the Contracting officer representative. The contractor shall not start any work until the schedule is received and accepted by the COR.

10. PRE CONSTRUCTION CONFERENCE: Prior to commencing work, the Contractor shall meet with the Contracting officer representative, at a time determined by the Contracting officer’s representative, to discuss and develop a mutual understanding relative to scheduling and administering the work.

11. SAFETY REQUIREMENTS: All work shall be conducted in a safe manner and shall comply with the current safety requirements as indicated in EM 385-1-1, Safety and Health Requirements Manual issued by the U. S. Army Corps of Engineers

12. STATION REGULATIONS: The Contractor and his employees shall become acquainted with and obey all Base and/or Station regulations as posted or as requested by the Contracting officer representative.

13. EXAMINATION OF PREMISES: Contractors are expected to satisfy themselves as to the general and local conditions that may affect the cost of the performance of the work to the extent that such information is reasonably obtainable. It is considered impractical to determine, without inspection, the exact nature of the work and site conditions under which the work is to be performed. Arrangements to visit the site will be made by separate notice.

14. EXISTING WORK: All portions of existing work which have been altered in any way during the Contractor's operations shall be repaired or replaced in kind and in a manner to match existing or adjoining work, as approved by the Contracting officer representative. All work of this nature shall be performed at the Contractor's expense and shall be performed as directed by the Contracting officer representative. At the completion of all operations, existing work shall be in a condition equal to or better than that which existed before the work started.

15. INSTALLATION ACCESS AND CONTROL: The work to be executed under this contract is on a United States military installation. The contractor is responsible for any and all costs associated with gaining access to the base if any. The contractor shall be responsible for submitting personnel and vehicle information to the base security office.

15.1 Installation Access: Entry to the installation requires the following: Prior coordination with the COR or designated representative, current vehicle registration, proof of insurance, valid driver's license for the vehicle driver, and picture identification for other personnel.

The Contractors/Subcontractors and their employees requiring access to the installation will be required to comply with the installation access control policy/procedures. The Contractor(s) with whom this Agreement is made shall provide a listing of vehicles that will require installation access upon the establishment of this contract (MATOC). The Government will not be responsible for damages due to delay/stoppages caused by failure to comply.

15.2 All contractors’ employees shall be easily recognized by wearing uniform and/or name tag during the performance of work under this contract (MATOC). All cargo vehicles also shall be identified as performers by displaying company name during working hours.

15.3 Search and Control: Installations across South Korea are controlled access posts. All vehicles and personnel are subject to search and seizure of contraband and/or unauthorized Government property. Contractor-owned vehicles, Contractor employees, and their personal property shall be subject to searches and seizure of contraband and/or unauthorized Government property upon entering or leaving the Installation. The search and seizure provisions of AR 190-16, Physical Security, shall apply to Contractor personnel entering any installation.

16. ANTITERRORISM:

16.1. AT Level I training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 7 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.

16.2. 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 Contract or 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.

16.3. 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.

16.4. iWATCH Training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. 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 7 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

17. OPERATIONS SECURITY: 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), Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), and all other applicable background checking processing in accordance with (IAW) the United States Forces Korea (USFK) Military Police Installation Access Control Regulation 190-7, the status of forces agreement (SOFA), and all other theater regulations.

18. COORDINATION: The Contractor shall coordinate its work with all others (subcontractor and government agencies) involved in the project and shall cooperate with all other contractors and government agencies to facilitate the general progress of the work. The contractor shall be provided a list of other government agencies and other contractors as applicable, at the pre-construction conference for coordination purposes.

19. CONSTRUCTION: Prior to start of any work for civil, mechanical and electrical, the contractor shall obtain written permission from the COR. The contractor shall submit a request for the construction permit in writing, at least ten (10) working days prior to the anticipated start of work. The request shall be submitted to the COR.

20. MATERIALS COMPLIANCE: The contractor shall make certain all materials used meet the requirements of the contract and proof thereof upon request of the COR. Materials not meeting the requirements of the contract shall not be brought to the job site. All materials shall be new and the standard products of a manufacturer regularly engaged in the manufacturing of such materials. Submittals obliged by this contract such as construction progress schedule, contractor quality control plan, safety plan, submittal registry, and ENG form 4025(including attachments) will not be accepted in paper format and must be electronic files submitted via CD/DVD to COR.

21. HOISTING AND MOVING EQUIPMENT: The prime contractor and subcontractor shall provide all cranes, lifts, and any other moving equipment necessary for the proper and efficient movement of materials. The equipment shall be provided with proper guidelines, bracing, safety devices, and any other associated safety measures, as required by USACE EM 385-1-1. Prime contractor and subcontractors are responsible for safe operations.

22. EQUIPMENT: All Contractor equipment shall be functional and must meet safety standards in accordance with USACE EM 385-1-1. It is the responsibility of the contractor to inspect all of its equipment prior to use. Equipment not completely safe or functional as determined by the Government, shall be repaired and replaced before work is initiated.

23. RECORD DRAWINGS: During performance under this contract, the contractor shall accurately record and delineate on a set of electronic CAD and PDF of contract drawings, all changes in such work which constitute departures from the original contract drawings. The set of drawings (electronic CAD and PDF), thus corrected and changed, usually referred to as “As-Built” drawings, shall be delivered to the COR at the final acceptance inspection by the Government of the completed work.

24. UTILITY CUTOVERS AND INTERRUPTIONS: Ensure utility cutovers and interruptions are conducted after normal working hours or on Saturdays, Sundays, and U. S. Government holidays as identified in Local Clause 5152.222-4007. Ensure that new utility lines are complete, except for the connection, before interrupting existing service. Interruption to water, sanitary sewer, storm sewer, telephone service, electric service, air conditioning, heating, fire alarm, compressed air, shall be considered utility cutovers. All utility cutovers and interruptions shall be coordinated with the Contracting Officer Representative (COR).

25. WINTERIZATION: The contractor may be required to perform weather sensitive work during the winter season, which may cause additional costs to be incurred for the contractor. These additional costs are the contractor’s responsibility in the event it is required to work during the winter.

26. UTILITIES: It is the contractor’s responsibility to provide his own utilities at the project (water, electricity etc.) site. The installation may be able to provide these utilities on a case by case basis.

27. CONTRACTING MANPOWER REPORTING;

The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Ground Maintenance via a secure data collection site.

The Contractor is required to completely fill in all required data fields using the following web address:

http://www.ecmra.mil/ , and then click on "Department of the Army CMRA" or the icon of the DoD organization that is receiving or benefitting from the contracted services.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk by clicking on "Send an email" which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component's CMR website".

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government

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 180 calendar days after Notice to Proceed is issued.

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

(End of clause)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

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

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

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

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

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

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

5152.222-4034 KOREAN LABOR LAW

Contractors and subcontractors at all tiers, shall honor employees’ rights in full compliance with Korean Labor Law, including the rights of succession of employment. Failure to comply may be deemed breach or default of the contract and evidence of nonresponsibility. Such violation of Korean Labor Law may be evidenced by a Republic of Korea Ministry of Labor determination, a court decision, or a Labor Relations Commission adjudication. If a contractor is found to be in serious violation and fails to take adequate corrective action promptly, USFK may consider this grounds for determining the contractor to be non-responsible for future Government contracts.

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)…