Solicitation Amendment - W90VN625QA0040001.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

calls)

Solicitation/Contract Form

Osan WRM Vehicle Maintenance

Product Service Code: J023 Date: 25 Jun 2024

W90VN625QA0040001

Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Base Year WRM- Osan Air Base Vehicle Maintenance IAW the PWS

Product Service Code: J023 Pricing Arrangement: Firm Fixed Price

11 Months

Contractor Acquired Parts and Materials (CAP/M)

Product Service Code: J023 Pricing Arrangement: Firm Fixed Price

11 Months

Phase In for 30 days WRM- Osan Air Base Vehicle Maintenance IAW the PWS

Product Service Code: J023 Pricing Arrangement: Firm Fixed Price

1 Months

Option Line Item

WRM- Osan Air Base Vehicle Maintenance IAW the PWS

Product Service Code: J023 Pricing Arrangement: Firm Fixed Price

12 Months

Option Line Item

Contractor Acquired Parts and Materials (CAP/M)

Product Service Code: J023 Pricing Arrangement: Firm Fixed Price

12 Months

Option Line Item

WRM- Osan Air Base Vehicle Maintenance IAW the PWS

Product Service Code: J023 Pricing Arrangement: Firm Fixed Price

12 Months

Option Line Item

Contractor Acquired Parts and Materials (CAP/M)

Product Service Code: J023 Pricing Arrangement: Firm Fixed Price

12 Months

Option Line Item

WRM- Osan Air Base Vehicle Maintenance IAW the PWS

Product Service Code: J023 Pricing Arrangement: Firm Fixed Price

12 Months

Contractor Acquired Parts

Option Line Item and Materials (CAP/M)

Product Service Code: J023 Pricing Arrangement: Firm Fixed Price

12 Months

Option Line Item

WRM- Osan Air Base Vehicle Maintenance IAW the PWS

Product Service Code: J023 Pricing Arrangement: Firm Fixed Price

12 Months

Option Line Item

Contractor Acquired Parts and Materials (CAP/M)

Product Service Code: J023 Pricing Arrangement: Firm Fixed Price

12 Months

Description/Specifications/Statement of Work

Requirements LCS WRM Vehicle Maintenance

Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3J3RS CountryCode: USA

F3J3RS 51 LRS

AF BPN NO MILSBILLS PROCESSES, UNIT 2069 BLDG 824

APO, AP 96278-2069

UNITED STATES

Michael Natalello, MSgt, USAF Email: michael.natalello@us.af.mil Telephone: 0505-784-3052

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3J3RS CountryCode: USA

F3J3RS 51 LRS

AF BPN NO MILSBILLS PROCESSES, UNIT 2069 BLDG 824

APO, AP 96278-2069

UNITED STATES

Michael Natalello, MSgt, USAF Email: michael.natalello@us.af.mil Telephone: 0505-784-3052

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3J3RS CountryCode: USA

F3J3RS 51 LRS

AF BPN NO MILSBILLS PROCESSES, UNIT 2069 BLDG 824

APO, AP 96278-2069

UNITED STATES

Michael Natalello, MSgt, USAF Email: michael.natalello@us.af.mil Telephone: 0505-784-3052

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3J3RS CountryCode: USA

F3J3RS 51 LRS

AF BPN NO MILSBILLS PROCESSES, UNIT 2069 BLDG 824

APO, AP 96278-2069

UNITED STATES

Michael Natalello, MSgt, USAF Email: michael.natalello@us.af.mil Telephone: 0505-784-3052

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3J3RS CountryCode: USA

F3J3RS 51 LRS

AF BPN NO MILSBILLS PROCESSES, UNIT 2069 BLDG 824

APO, AP 96278-2069

UNITED STATES

Michael Natalello, MSgt, USAF Email: michael.natalello@us.af.mil Telephone: 0505-784-3052

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3J3RS CountryCode: USA

F3J3RS 51 LRS

AF BPN NO MILSBILLS PROCESSES, UNIT 2069 BLDG 824

APO, AP 96278-2069

UNITED STATES

Michael Natalello, MSgt, USAF Email: michael.natalello@us.af.mil Telephone: 0505-784-3052

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3J3RS CountryCode: USA

F3J3RS 51 LRS

AF BPN NO MILSBILLS PROCESSES, UNIT 2069 BLDG 824

APO, AP 96278-2069

UNITED STATES

Michael Natalello, MSgt, USAF Email: michael.natalello@us.af.mil Telephone: 0505-784-3052

Option Line Item

Inspection and Acceptance Location

Both Destination

Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3J3RS CountryCode: USA

F3J3RS 51 LRS

AF BPN NO MILSBILLS PROCESSES, UNIT 2069 BLDG 824

APO, AP 96278-2069

UNITED STATES

Michael Natalello, MSgt, USAF Email: michael.natalello@us.af.mil Telephone: 0505-784-3052

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3J3RS CountryCode: USA

F3J3RS 51 LRS

AF BPN NO MILSBILLS PROCESSES, UNIT 2069 BLDG 824

APO, AP 96278-2069

UNITED STATES

Michael Natalello, MSgt, USAF Email: michael.natalello@us.af.mil Telephone: 0505-784-3052

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3J3RS CountryCode: USA

F3J3RS 51 LRS

AF BPN NO MILSBILLS PROCESSES, UNIT 2069 BLDG 824

APO, AP 96278-2069

UNITED STATES

Michael Natalello, MSgt, USAF Email: michael.natalello@us.af.mil Telephone: 0505-784-3052

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3J3RS CountryCode: USA

F3J3RS 51 LRS

AF BPN NO MILSBILLS PROCESSES, UNIT 2069 BLDG 824

APO, AP 96278-2069

UNITED STATES

Michael Natalello, MSgt, USAF Email: michael.natalello@us.af.mil Telephone: 0505-784-3052

Deliveries or Performance

From 01 Jan 2025 to 31 Dec 2025

Line Item Delivery Schedule Quantity Address and POC

Period of Performance From 01 Feb 2025 To 31 Dec 2025

11 Months

Period of Performance From 01 Feb 2025 To 31 Dec 2025

11 Months

Period of Performance From 01 Jan 2025 To 31 Jan 2025

1 Months

Option Line Item

Period of Performance From 01 Jan 2026 To 31 Dec 2026

12 Months

Option Line Item

Period of Performance From 01 Jan 2026 To 31 Dec 2026

12 Months

Option Line Item

Period of Performance From 01 Jan 2027 To 31 Dec 2027

12 Months

Option Line Item

Period of Performance From 01 Jan 2027 To 31 Dec 2027

12 Months

Option Line Item

Period of Performance From 01 Jan 2028 To 31 Dec 2028

12 Months

Option Line Item

Period of Performance From 01 Jan 2028 To 31 Dec 2028

12 Months

Option Line Item

Period of Performance From 01 Jan 2029 To 31 Dec 2029

12 Months

Option Line Item

Period of Performance From 01 Jan 2029 To 31 Dec 2029

12 Months

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7008 Assignment of Claims (Overseas). Jun 1997

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause-

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall-

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC ____ Issue By DoDAAC ____ Admin DoDAAC ____ Inspect By DoDAAC ____ Ship To Code ____ Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) ____ Service Acceptor (DoDAAC) ____ Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____ (*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

(Contracting Officer: Insert applicable information or "Not applicable.")

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Contract Clauses

5152.233-4008- Choice of Law and Disputes under ROK MND Funded Contracts

CHOICE OF LAW AND DISPUTES, ROK MND FUNDED CONTRACTS

(a) This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with U.S. law.

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

(c) "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 that 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.

(d) 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.

(e) Procedures

(1) A claim by the contractor shall be made inwriting 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.

(f) 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.

(g) 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.

(h) 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.

(i) This contract is not subject to the Contract Disputes Act of 1978, as amended (41 U.S. Code, Sections 601-613).Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with this local clause, 5152.233-4008.

(End of Clause)

5152.229-4012 TAX EXEMPTION, CUSTOMS,REPUBLIC OF KOREA

(a) EXEMPTION: This clause is in implementation of Article IX of the Status of Forces Agreement between the Republic of Korea and the United States of America granting contractors exemption from Republic of Korea customs duties and other such charges. At the time this contract is awarded, the Contractor shall certify to the Contracting Officer that all materials, supplies, and equipment to be imported for the contract have been proposed no customs whatsoever. It shall indicate to the Contracting Officer the total amount of customs duty that would otherwise be applicable to the contract and will issue USFK Form(s) 75 to the Contrator. The contractor will submit the original USFK Form 75 to the governing ROK Customs Office at the time of import declaration. The Chief of the Customs Office will review the USFK Form 75 and will exempt the Contractor from customs duties and other such charges. During the review process the customs office will post on the Contractor's Import Permit the anticipated submission date for a completed USFK Form 76, which will be prepared by the Contracting Officer and given to the contractor immediately after contract performance.

The Contractor will submit the original USFK Form 76 to the governing ROK Customs Office no later than the date posted on the Import Permit. If the USFK Form 76 is not submitted by the aniticipated date, the ROK Customs Office will immediately collect the customs duties and other such charges previously exempted.

(b) If for any reason the Contractor has paid customs duties on materials, supplies, or equipment prior to award of this contract and desires to use such materials, supplies, or equipment for performance of this contract, the Contractor must exclude such duties from the contract price and may obtain refund of such previously paid duties by submitting a completed USFK Form 76 to the governing ROK Customes Office.

(c) Refund: Any Contractor that requires refund of customs duties and other such charges on items used for USFK contracts, can claim refund of such charges by submitting a copy of a completed USFK Form 76 to the governing ROK Customes Office.

(d) This entire clause is inapplicable to contracts, or any portions of contracts, funded by the Republic of Korea.

5152.229-4013 TAX EXEMPTION SPECIAL EXERCISE TAX, REPUBLIC OF KOREA

This clause is in implementation of Article XVI of the Status of Forces Agreement between the Republic of Korea and the United States, granting Contractors exemption from Republic of Korea Special Excise Taxes. At the time this contract is awarded the Contractor shall indicate to the Contracting Officer which items will be purchased for the contract that are subject to Special Excise Tax. It shall indicate the name of the item, the number of units to be purchased, the cost per unit without tax, the percentage of tax, the tax amount per unit, the total tax, and the manufacturer of the item. The Contracting Officer will verify the reasonableness of the quantities claimed and ensure that the Contractor has certified that the contract price excludes Special Excise Tax on those items subject to the tax. The Contractor shall purchase the special-excise-taxed items from the manufacturer, tax-inclusive. For construction and single-delivery type supply and service contracts, the Contractor shall employ the following procedure: At the time it purchases the items it shall present the manufacturer with a notification letter requesting refund of the Special Excise Tax.

(Copies of this letter can be obtained from the 411th CSB, Korea Contracting Officer.) The manufacturer will endorse the letter to the manufacturer's District Tax Office which will make refund to the manufacturer. The manufacturer will make subsequent refund to the Contractor. Requests for refund under requirements-type contracts will be submitted monthly and will be accompanied by copies of the USFK delivery orders issue

5152.229-4014 TAX EXEMPTION VALUE ADDED TAX (VAT), REPUBLIC OF KOREA

This clause implements Article XVI of the Status of Forces Agreement between the Republic of Korea and the United States of America, which exempts contractors from paying the Republic of Korea Value-Added Taxes. When the contractor submits an offer, it shall certify to the Contracting Officer that all the costs in the offer will be exclusive of any Value-Added Tax; and further, that the proposed contract price includes no Value-Added Tax. The contractor shall also indicate the amount and type of Value-Added Taxes excluded from the contract price. If supplies and/or services which the contractor purchases for this contract include Value-Added Taxes, it can obtain a full refund for the amount of the Value-Added Tax by submitting to the ROK District Tax Office tax invoices which the contractor receives when it purchases materials and/or services for this contract. The contractor must submit a copy of the USFK contract with its first tax invoice submission. Subsequent tax invoice submissions must be accompanied by a letter which references the USFK contract submitted with the first tax invoice submission.

(End of Clause)

5152.229-4015 - Tax Exemption POL Products, Republic of Korea

As prescribed in 29.402-1.d, insert the following clause:

TAX EXEMPTION Petroleum, Oil and Lubricant (POL) PRODUCTS, REPUBLIC OFKOREA

(a) This clause is an implementation of Article XVI of the Status of Forces Agreement (SOFA) between the Republic of Korea and the United States of America, granting Contractors exemption from Republic of Korea taxes for petroleum products (POL) utilized on USFK acquisitions in the Republic of Korea.

(b) At the time this contract is awarded, the Contractor shall make a final nomination in writing of its point of purchase for POL products to be used on this contract. The Contractor shall also state the estimated quantity and amount of POL to be purchased from each refinery/gas station. The USFK Contracting Officer will verify the amounts claimed for use on the contract and, based on this verification, the USFK Issuing Officer will issue USFK POL Tax Exemption Coupons.

(c) If the Contractor elects to purchase directly from an oil company refinery, it may nominate any of the three ROK oil companies below which have agreed to sell to Contractor at a fixed exempt price. Pre-selected oil company refineries will sell their POL products at the fixed exempted prices upon presentation of coupons by the contractor.

List of Oil Companies and their Respective Tax Offices

Hyundai Oil Refinery Co., Ltd.: Seo San District Tax

ATTN: POL Tax Administrator

Seo San City, Korea

SK Energy: Ulsan District Tax Office

S-Oil ATTN: POL Tax Administrator

Ulsan City, Kyongsang Nam Do, Korea

GS Caltex: Yosu District Tax Office

ATTN: POL Tax Administrator

Yosu City, Chonla Nam Do, Korea

(d) If the contractor elects to purchase POL products from an individual gasoline station, the Contracting Officer will advise the contractor as to which stations will sell at the fixed exempt price. The contractor shall specify from which of those stations it will purchase and will be required to make advance payment for the amount of POL covered by the coupons. Advance payment will be at the fixed-exempt price and will be made to the station previously nominated. Representatives from the chosen gas station shall be present at the issuing session to collect the advance payment, mark "paid" on the back of the original copy of the issued coupons, and provide the Contractor with tax invoices by which to obtain are fund from the governing ROK District Tax Office. Having collected POL payment in advance, the gas station will accept pre-paid USFK POL Tax Exemption Coupons from the contractor and provide the POL amount reflected on tendered coupons without further charge.

(e) All coupons for construction contracts shall be issued at the time of award. Coupons for requirements-type contracts shall be issued on a delivery order incremental basis or on a monthly basis.

(End of Clause)

5152.232-4028 - Funding of ROK MND Funded Contracts

FUNDING OF ROK MND FUNDEDCONTRACTS

(a) 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.

(b) 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.

(c) Identification of invoices: Contract or 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."

(d) 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.

(e) 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 Funded Contracts

PAYMENTS OF ROK MND FUNDEDCONTRACTS

(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 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.

(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 or50% 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

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in , insert the following provision: (a)4.2105

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

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

. The not complete the representation in paragraph (d)(2) of this provision if the has represented that it Commercial Services Offeror shall Offeror "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 , or in paragraph (v)(2)(ii) of the provision at . 52.204-26 52.212-3

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

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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 , Prohibition on for Certain Telecommunications 52.204-25 Contracting and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an National Defense on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, executive agency system, or service that uses covered telecommunications equipment or services as a substantial or essential of any system, or as critical component technology as part of any system. Nothing in the prohibition be construed to-- shall

(i) Prohibit the head of an from procuring with an entity to provide a service that connects to the facilities of a third-party, such as executive agency 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 Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an National Defense on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any executive agency equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential of any system, or component 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 be construed to-- shall

(i) Prohibit the head of an from procuring with an entity to provide a service that connects to the facilities of a third-party, such as executive agency 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 review the list of excluded parties in the ) ( ) for entities Offeror shall System for Award Management (SAM https://www.sam.gov excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The represents that-- Offeror

(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 . The provide the additional disclosure information required at paragraph (e) solicitation Offeror shall

(1) of this section if the responds "will" in paragraph (d)(1) of this section; and Offeror

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

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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 provide the additional disclosure information required at paragraph (e)(2) of this section Offeror shall if the responds "does" in paragraph (d)(2) of this section. Offeror

(e) Disclosures.

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

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, , CAGE code, and whether the unique entity identifier 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 has responded "does" in the representation in paragraph (d)(2) Offeror of this provision, the provide the following information as part of the : Offeror shall offer

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation.

As prescribed in , insert the following provision: (c)4.2105

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 , Prohibition on for Certain Telecommunications and Video Surveillance Services or Equipment. 52.204-25 Contracting

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

(c)

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

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

(End of provision)

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FAR and DFARS Clauses Incorporated by Reference

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

252.204-7004 Antiterrorism Awareness Training for Contractors (JAN 2023)

52.216-1 Type of Contract.

As prescribed in , complete and insert the following provision: 16.105

Type of Contract (Apr 1984)

The Government contemplates award of a contract resulting from this . Firm-Fixed Price solicitation

(End of provision)

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009. Jun 2010 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.211-15 Defense Priority and Allocation Requirements. Apr 2008 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.222-7002 Compliance with Local Labor Laws (Overseas). Jun 1997 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7041 Correspondence in English. Jun 1997 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.232-7010 Levies on Contract Payments. Dec 2006 252.233-7001 Choice of Law (Overseas). Jun 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023

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252.247-7023 Transportation of Supplies by Sea. Jan 2023

FAR Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services.

(Feb 2024)

As prescribed in , insert the following clause:12.301(b)(4)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Feb 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title VII, (Jan 2017) of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec (Section 1634 of Pub. L. 115-91).2023)

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(Nov 2015)

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C. 3903 and 10 U.S.C. 3801).(Mar 2023)

(6) 52.233-3, Protest After Award (31 U.S.C. 3553).(Aug 1996)

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(Oct 2004)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[ .]Contracting Officer check as appropriate

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with (41 U.S.C. 4704 and 10 U.S.C. [X] Alternate I (Nov 2021) 4655).

52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (Nov 2021)

52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). (3) (Jun 2010) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the (4) (Nov 2023) Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).[X] (5) (Jun 2020)

[Reserved].(6)

52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(7) (Oct 2016)

52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(8) (Oct 2016)

52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(9) (Jun 2023)

52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-(10) Agency Contracts. (Pub. L. 115-390, title II).(Dec 2023)

(11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)

Alternate I of 52.204-30.(ii) (Dec 2023)

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. [X] (12) (31 U.S.C. 6101 note).(Nov 2021)

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C.