Solicitation W90VN9-22-R-0003 Repair Barricade Pohang LCS Project.pdf

M599011210LCS001

A. THIS IS A NON-WORK PLAN TASK ORDER RFP TO MATOC IDIQ General Construction, LCS Funded Project.

This RFP is in accordance w ith terms and conditions of 3rd option year of MATOC IDIQ General Construction Contract numbers;W91QVN-18-D-0100, W91QVN-18-D-0102, W91QVN-18-D-0104,W91QVN-18-D-0105, W91QVN-18-D-0106, W91QVN-18-D-0110, W91QVN-18-D-0111, W91QVN-18-D-0112, W91QVN-18-D-0134, W91QVN-18-D-0135, W91QVN-18-D-0137, W91QVN-18-D-0138, W91QVN-18-D-0139, W91QVN-18-D-0141, W91QVN-18-D-0142, W91QVN-18-D-0143, W91QVN-18-D-0145, W91QVN-18-D-0146

B. Site Visit: Offerors w ho intend to propose on this solicitation are strongly encourage to attend 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.

C. 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 time specif ied in this solicitation.

D. The proposal shall be submitted to sangku.pak2.ln@mail.mil by 1300hrs on the closing date of the RFP.

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

MR. PAK, SANG KU 315-763-5690

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

15-Oct-2021

(RFP)

(IFB)

X

CALL:

Repair Barricade, Pohang MSA

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 ________360 calendar days after receiving aw ard, X notice to proceed. This performance period is 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 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 ______________04 Nov 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, 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 _______180 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.

MFK 59999-21-13

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

FAX:TEL: TEL: FAX:

W90VN922R0003 25

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

W90VN922R0003

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Repair Barricade MSA Pohang

FFP

IAW SOW and Drawing. The Contractor shall provide all necessary resources for this requirement and repair Barricade MSA Pohang at Camp Mujuk in accordance with the Statement of Work (SOW), Specification, Drawings, Terms and Conditions of this contract contained herein.

FOB: Destination

PURCHASE REQUEST NUMBER: M599011210LCS001

PSC CD: Y1EA

NET AMT

Section C - Descriptions and Specifications

SOW

DEPARTMENT OF NAVY

UNITED STATES MARINE CORPS

UNITED STATES MARINE CORPS FORCES KOREA

UNIT #15708

APO AP 96271-0064

SCOPE OF WORK

FOR

Repair Barricade, Pohang MSA

PROJECT NO.: MFK 59999-21-13

TABLE OF CONTENTS

1. Technical Provisions - I: Statement of Work

2. Technical Provisions - II: Technical Detail Specifications

3. Technical Provisions - III: Special Conditions

4. Appendix “A”: Applicable Contract Drawings

1. TECHNICAL PROVISIONS – I

STATEMENT OF WORK

PROJECT NO TITLE LOCATIONMFK

59999-21-13 Repair Barricade Pohang MSA Pohang MSA

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 entirety of this project shall be completed by contract work as executed through the task order for this project.

(2) 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.

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, this scope of work and the OMA specifications revision 1 dated Oct 30, 2015.

Earthwork: The contractor shall clear and grub the entire area from the back of the existing berm to the asphalt pavement adjacent to the ROK magazines, from asphalt roadway to asphalt roadway removing all trees, brush, grass and other vegetation down to compacted earthen soil. The contractor shall also remove all non satisfactory/ saturated soil in the basin area to be filled in preparation for granular backfill bedding material installation for the new pipe as shown on the project drawing; “Pipe Bedding Detail”.

The new drainage pipe shall maintain a minimum 3% slope at the flow line.

To facilitate proper drainage the contractor shall construct two (2) drop inlets with the bottom of the manholes at the flow line of the new concrete pipe sections. The finished grade of the filled in area shall be sloped a maximum of 2% in all directions to drain into the new drop inlets.

After final grade is established the contractor shall sod the whole area disturbed as a result of this project with rolls of sod laid edge to edge throughout.

Note:

All utility costs necessary for the completion of this project will be borne by the contractor. No utilities will be provided by the government.

The contractor shall employ the services of a licensed land surveyor to determine required flow lines, set final grades and provide final topographic map of newly filled in area.

All material not meeting the criteria for satisfactory backfill shall be removed from the site and disposed of at the contractor’s expense.

2. TECHNICAL PROVISIONS – II

TECHNICAL DETAIL SPECIFICATIONS

PROJECT NO TITLE LOCATION

GENERAL: The specifications are from the "Standard Technical Specifications Revision1 for OMA Projects, Korea", dated 30 October 2015, issued by the Department of the Army, Installation Management Agency, Korea Region Office. The most current specifications are available (for referral purposes only) at the Engineering Division, DPW, USAG Humphreys, Unit #15228, APO AP 96271-5228 and also are located on the 411th CSB’s Web Page http://www.usfk.mil/Resources/ContractingwithUSFK.aspx The electronic version of the specifications is Acrobat® PDF format and can be read with the Acrobat Reader® software.

3. TECHNICAL PROVISIONS - III

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 (360) 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).

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: With concurrence from the ROK base representatives From 07:30 to 16:30, Monday through Saturday, 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 Republic of Korea (ROK) 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 and the Aviation Ordnance Detachment if necessary for base access.

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. WORK OUTSIDE REGULAR HOURS: Unless specified in the task order, work outside regular working hours requires Contracting Officer’s approval. A written request, substantiating the reason for this consideration, should be made at least fourteen (14) calendar days prior to such work to allow arrangements to be made by the Government for inspecting the work in progress, giving the specific dates, hours, location, type of work to be performed, contract number and project title. Based on the justification provided, the Contracting Officer may approve work outside regular hours. During period of darkness, the different areas at the work site shall be lighted in a manner approved by the Contracting Officer. The Contractor shall make utility cutovers after normal working hours or on Saturdays, Sundays, and U.S. Government holidays, unless directed otherwise.

26. 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.

APPENDIX "A"

LIST OF APPLICABLE CONTRACT DRAWING

GENERAL: The work shall conform to the attached contract drawings and the standard detail drawings (dated 30 November 2015, issued by the Department of the Army, Installation Management Agency, Korea Region Office and located 411th CSB’s Web http://www.usfk.mil/Resources/ContractingwithUSFK.aspx, all of which form a part of the specifications.

Drawing No. Sheet No. Ref. No. Description Date

C-1 1 of 1 Repair Barricade, Pohang MSA Site Plan Sept 2021

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

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 360 calendar days

(End of clause)

Section G - Contract Administration Data

Section I - Contract Clauses

ELIGIBILITY FOR MND CONTRACTOR

ELIGIBILITY FOR AWARD OF ROK MND CONTRACTS

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

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

The parties hereby agree that all LCS work must be accomplished in the ROK or its territorial waters and that all equipment and supplies that are to be acquired with ROK Government funds shall be manufactured in the ROK, and all LCS service work shall be carried out by Korean contractor(s), the Korea Railroad Corporation, or the ROK military. The term ‘Korean contractor” in implementing the LCS program in Section V, Paragraph 3 (of the 2019 SMA IA) is defined as follows:

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

2. An individual who has Korean nationality.

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

(1) Prime Contractor Registration: The offeror shall submit its Certified Copy of Register (등기부 등본

(유효사항)), as certified and submitted to the ROK Supreme Court (대법원). In order to qualify as a Korean

Contractor, the fourth block of the offeror's Certified Copy of Register [등기부 등본 (유효사항)] must state an address that is physically located in the Republic of Korea.

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

Certificate (주식 변동 상황 명세서), as certified and submitted to the ROK Local Tax Office (국세청). The prime contractor’s Stock Change Certificate (주식 변동 상황 명세서) will be evaluated to determine if the prime contractor has a Parent (as defined in the International Agreement extract above).

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

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

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

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

Business Registration (사업자 등록증)

Basic Certificate (기본 증명서)

Certificate of Business Fact (사업사실증명서)

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

(d) To summarize the requirements stated above:

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

(3) An offeror that does have a “Parent” will submit 3 documents to establish that the offeror is a Korean Contractor:

1) Offeror's Certified Copy of Register, 2) Offeror's Stock Change Certificate, and 3) Parent's Certified Copy of Register.

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

CLAUSES INCORPORATED BY REFERENCE

52.203-2 Certificate Of Independent Price Determination APR 1985

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

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

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least [insert the appropriate number in words followed by numerals in parentheses] percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

5152.204-4032 REPRESENTATIONS AND CERTIFICATIONS

(a) SUBCONTRACTING:

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

(b) AFFILIATED OFFERORS:

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

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

(i) Whether the offeror has any affiliates;

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

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

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

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

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

(d) STANDARDS OF CONDUCT CERTIFICATION:

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

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

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

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

Firm ____________________________________________________ Name _____________________________________________________ Signature __________________________________________________

Title _____________________________________________________ Date of Execution ____________________________________________

(e) TAXES:

(1) References:

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

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

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

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

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

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

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

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

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

(ii) Special Excise Tax:

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

Name of item manufacturer

(iii) Value Added Tax (VAT):

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

(iv) Special Excise (Petroleum) Tax:

No. of U/P Liters w/o Tax Tax/Unit Total Tax Amount Regular Gasoline ________ (L) ________ w________ w_____________ Premium Gasoline ________ (L) ________ w________ w_____________ Diesel ________ (L) ________ w________ w_____________ Other ________ (L) ________ w________ w_____________

(v) Education Tax.

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

Oil Company: _________________________________________ (Name only)

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

Signed (Chop)

(f) CERTIFICATIONS AND REPRESENTATIONS

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

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

Section L - Instructions, Conditions and Notices to Bidders

INSTRUCTION TO OFFEROR

INSTRUCTION TO OFFEROR

1. GENERAL INSTRUCTIONS FOR PREPARATION OF PROPOSAL:

a. Site Visit: Offerors who intend to propose on this solicitation are strongly encouraged to attend the site visit. See site visit Clause FAR 52.236-27. Offerors are required to have a valid Korean Identification card when attending the site visit orientation.

b. Offeror(s) are cautioned to follow the detailed instructions fully and carefully, as the Government reserves the right to make award based on initial offers received, without discussions of such offers.

c. Offeror(s) may, at the discretion of the Government, be asked to provide more information and clarification regarding their proposals. The Government may make a final determination as to whether an offer is acceptable or unacceptable solely based on the proposals as submitted, without requesting any further information. However, if it is deemed necessary the Government may, at its sole discretion, request additional information clarifying but not substantially changing any proposal as submitted. The proposal is intended to be evaluated, and award made, without discussions with the offerors unless discussions are determined to be necessary. If the Government conducts discussions, the Government shall conduct discussions with all offerors in the in accordance with FAR 15.306.

Exchanges with offerors after receipt of proposals.

2. SUBMISSION DOCUMENT: Offers shall be submitted via email to sangku.pak2.ln@mail.mil by the due time and date specified in block 13.A. of this solicitation. All questions are due No Later Than 13:00 hours (01:00 PM) Local Time, three (3) work days after the site visit date specified in Provision FAR 52.236-27 within this solicitation.

a. COST FACTOR: The pricing proposal shall include the following:

(1) Offer Breakdown: Offerors shall submit an offer breakdown that identifies Materials, Labor, and Transportation and Equipment (T&E), and other resources upon which the offeror intends to rely to perform this contract in accordance with the Statement of Work. The offer breakdown must demonstrate that the offeror understands the requirement in the RFP by listing an appropriate amount of materials, labor, and transportation and equipment required to perform the contract in accordance with the Statement of Work and drawings. The Offeror’s proposal must contain all contractor’s costs including mobilization, demobilization, overhead, profit, insurance, design fee and all other costs including but not limited to compliance with environmental laws, tax laws, protection or moving of Government property, engineering services (to include survey work and drawings) and waste disposal inherent to accomplish the work request. No allowance will be made later for any other purpose whatsoever unless specifically allowed elsewhere in the contract. Offeror shall provide one

(1) original offer breakdown with price and one (1) copy of the offer breakdown without price in accordance to the provided template below:

(a) Materials:

(I) Local Materials:

(A) Type of material with item description, capacity or model number;

(B) Quantity

(II) U.S. Origin Materials:

(A) Type of material with item description, capacity or model number;

(b) Quantity Labor:

(I) Category of labor;

(II) Quantity (man-days in each category);

(c) Transportation and Equipment:

(I) Description of all transportation and equipment (category and capacity);

(II) Quantity (per trip or equipment-day);

(d) Other Critical Resource(s): Must be fully described.

(2) Section K: Offerors must complete all portions of Section K. The offeror shall review all expenses to ensure that all applicable taxes are excluded from the overall price. In addition, any proposed exemption of a specific ROK tax shall be legitimate, attributable to the contract, and authorized by the applicable stated references.

b. NON-COST FACTOR: The technical proposal shall include the following:

Failure to submit the above requirements may be grounds for determining the proposal to be non-responsive and not eligible to be considered for award.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52-236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled at 1400hours 28 October 2021.

(c) Maximum number of participant is Two (2) from each company. Each offeror is allowed to bring no more than two (2) people to the site visit due to the Republic of Korea (ROK) Military Base Access Guidance.

(d) Offerors or quoters who intend to participate in the site visit shall fill out the attached enclosure “ROK Base Access Roster” for all personnel and vehicles planning to attend, then submit to Mr. Chong at email address chongcs@usmc.mil by 1300hrs, 22 October 2021. Once the site visit roster is submitted, offerors or quoters shall provide a phone call to Mr. Chong at DSN 0503-355-8372 and confirm if the roster is successfully submitted. Any email or telephone submission later than 1300hrs, 22 October 2021 will cause failure of the ROK Military Base Access; anyone not on the submitted list will not be granted access to the installation and therefore will not be able to attend the site orientation meeting.

(e) Participants are required to have a valid Korean Identification card and Driver License when attending the site visit orientation.

(f) Participants will meet at Camp Mujuk Main Gate Parking Lot, Gyeongsangbuk-do, Pohang-si, Nam-gu, Ocheon-eup, Segye-ri (경상북도 포항시 남구 오천읍 세계리 캠프무적

정문 주차장)

(g) POC is Mr. Chong, Commercial Tel No. 0503-355-8372, and Email Address chongcs@usmc.mil.

(End of provision)

Section M - Evaluation Factors for Award

EVALUATION FACTORS FOR AWARD

EVALUATION FACTORS FOR AWARD

Electronic offers submitted by 1300 hours (1PM) Local on the closing date of RFP shall be considered timely.

EVALUATION CRITERIA

The pricing proposal shall be evaluated to determine whether it is complete and reasonable. A complete and reasonable pricing proposal will be deemed acceptable.

The detailed offer breakdown will be used by the contracting officer to determine whether proposed prices are complete and reasonable. A detailed offer breakdown may be used by the contracting officer to determine whether an offeror is able to complete the requirements under the contract, and/or whether discussions will be conducted pursuant to instructions to the offerors.

SECTION K - Representations, Certifications and Other Statements of Offerors

SECTION K-TAXES will be evaluated to determine whether it is complete. In addition, propose exemptions of specific ROK taxes will be evaluated to determine whether they are legitimate, attributable to the contract, authorized, and reasonable. A complete SECTION-K that only proposes exemptions of specific ROK taxes that are legitimate, attributable to the contract, necessary to complete the Task Order, do not improperly overstate any proposed tax exemption, authorized, and reasonable will be deemed acceptable.

SECTION K-OTHER will be evaluated to determine whether it is complete. A complete SECTION K-OTHER will be deemed acceptable.

BASIS FOR AWARD: Award shall be made to the responsible offeror submitting the lowest priced offer that is evaluated as acceptable for all evaluation criteria.