Solicitation W90VN924F0067.pdf

N6249440850001

THIS IS A NON-WORK PLAN TASK ORDER RFP TO MATOC CONTRACT, LCS KOREA WIDE.

- In accordance w ith FAR 36.204 the magnitude of scope is betw een $250,000 and $500,000..

- This RFP is in accordance w ith terms and conditions of base year of MATOC General Construction contracts issued by 411th Contracting Support Brigade (CSB). The Proposals from of ferors other than these MATOC Contractors w ill not be considered for aw ard.

- Parent Contract Numbers: W91QVN24D0059 thru 0078, 0084, 0085, 0098, 0102 and 0106.

OFFERORS MUST COMPLY WITH THE FOLLOWING:

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

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

C. The contractor opportunity can be view ed through the SAM.gov w ebsite, https://sam.gov. All pricing proposals and Section K of the solicitation shall be submitted by 1300 hrs on the closing date of the RFP via e-mail to jungho.hong.civ@army.mil.

MR. HONG, JUNGHO 315-763-5699

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

01-May-2024

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Presc ribed by GSA

FAR (48 CFR) 53.236-1( e)

11. The Contractor shall begin perf ormance w ithin _______10 calendar days and complete it w ithin ________300 calendar days after receiving aw ard, X notice to proceed. This per formance per iod is X mandatory, negotiable. (See _________________________

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

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

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to per form the w ork required are due at the place specified in Item 8 by ___________ local time ______________31 May 2024 (date). If this is a sealed bid solicitation, of fers must be publicly opened at that time.

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

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

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

D. Off ers 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 CONTRACTI NG SUPPORT BRI GADE, KOREA

RC O DAEGU, UNIT #15682

APO AP 96218-5682

UN ITED STATES

W90VN9

PAGE OF PAGES

1 OF

CODE

(Ti tle, identi fying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W90VN924R0067 31

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 per form the w ork required at the prices specified below in strict accordance w ith the terms of this solicitation, if this off er is accepted by the Government in w riting w ithin ________ calendar days after the date off ers are due.

the minimum requi rements 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 perf ormance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The of feror acknowledges receipt of amendments to the solicit ation -- give number and dat e of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or pr int)

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 otherw ise 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 (Cont ractor is not required to sign this document. ) document and return _______ copies t o issuing office.) Cont ractor agrees Y our of f er on t his solicit ation, is hereby accept ed as t o t he items listed. This award con-t o f urnish and deliv er all item s or perf orm all work, requisitions identif ied sum mates the contract , which consists of (a) the Gov ernm ent solicit ation and on this f orm and any continuation sheet s f or t he consideration st ated in this y our of f er, and (b) this cont ract award. No f urther contractual document is cont ract. The rights and obligat ions of t he parties to this cont ract shall be necessary.

gov erned by (a) t his contract award, (b) t he solicitat ion, and (c) the clauses, representat ions, certif icat ions, and specif ications or incorporated by ref er-ence in or at tached to t his 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

W90VN924R0067

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Work Class "K" (Non-Work Plan)

FFP

The contractor shall replace existing lighting fixture with new LED with all related work for B703/719/721/783/792/794/796/797/799/600 (CNFK)/771/781/722P/754.

(CNFK building is located in ROK fleet, Yong-Ho dong of Nam-Gu in BUSAN)

The contractor shall install ball-filed power system, T-205, panelboard for CNFK BUSAN and B711/778 receptacles.

The Contractor shall provide all necessary resources for this requirement and perform eProject No. 1728377 in accordance with the Statement of Work (SOW), Specification, Drawings and terms and conditions of this contract contained herein.

FOB: Destination

PURCHASE REQUEST NUMBER: N6249440850001

PSC CD: Z2AA

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Lot War Hazard

FFP

Estimated Cost for War Hazard Losses is Zero (0).

FOB: Destination

PSC CD: Z2AA

NET AMT

Section C - Descriptions and Specifications

SOW

STATEMENT OF WORK FOR

Replace Existing Deteriorated Light Fixtures at Various Facilities at CFA Chinhae and CNFK HQ Busan.

SCOPE OF WORK:

The Contractor shall furnish all labor, materials, equipment, transportation and supervision necessary for Replace

Existing Deteriorated Light Fixtures at Various Facilities at CFA Chinhae and CNFK HQ Busan in accordance with the specifications and drawings. (NAVFAC Drawing Numbers 17301471~17301492, sheet 1 thru 22)

1. The contractor shall replace existing lighting fixture with new LED with all related work for

B703/719/721/783/792/794/796/797/799/600(CNFK)/771/781/722P/754.

(CNFK building is located in ROK fleet, Yong-Ho dong of Nam-Gu in BUSAN)

2. The contractor shall install ball-filed power system, T-205, panelboard for CNFK BUSAN and B711/778 receptacles.

GENERAL CONDITION:

1. TERM OF CONTRACT: On site, work shall be completed in 300 calendar days after date of order or notice to proceed.

2. The contractor shall remove and dispose all refuse materials off base in accordance with local and other government laws and regulations. If any hazardous material is discovered, please notify the Contracting Officer and COR immediately.

3. The contractor shall be responsible for verifying all existing site conditions and dimensions prior to commencing any work. And submit shop drawings reflecting the actual site conditions for government approval.

4. The contractor shall be responsible for repairing all damage to the existing areas caused by this project and to match condition to adjacent areas as directed by the Contracting Officer’s Representative (COR).

5. The contractor shall restore disturbed areas caused by this project to match existing adjacent area and/or better condition.

6. If any detail shown on these contract drawings doesn’t match with field conditions, any discrepancy to details on the drawings shall be brought to the attention of Contracting Officer, resolve the discrepancy prior to bids submission.

7. The contractor shall submit the document schedule before commencement of work and approved by Contracting Officer.

8. All material to be used for this project shall be submitted with catalog or sample to Contracting Officer for approval prior to purchase.

9. Upon completion of the project, the contractor shall submit as-built drawing with electronic and hard copy to the Contracting Officer.

10. Inadvertent discovery clause: in the event that any previously unidentified archaeological sites or remains (such as artifacts, shells, bone or, charcoal deposits human burials, rock or coral alignments, paving, or walls) are encountered, immediately suspend work and notify the contracting officer.

11. APPLICABLE PUBLICATION: The following publications are applicable to this specification:

a. SAFETY AND OCCUPATIONAL HEALTH REQUIREMENTS References: The publications listed below form a part of this specification to the extent referenced. Use current version of referenced requirements at the time of contract solicitation. The publications are referred to within the text by the basic designation only.

AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI)

ANSI A10.32, Fall Protection systems for Construction and Demolition Operations ANSI A10.6, Demolition Operations

ASME INTERNATIONAL (ASME) and NAVFAC P-307 Section 1.7.2.

ASME B30.22, Articulating Boom Cranes ASME B30.5, Mobile and Locomotive Cranes

NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)

NFPA 241, Safeguarding Construction, Alteration, and Demolition Operations NFPA 51B, Fire Prevention During Welding, Cutting, and Other Hot Work NFPA 70, National Electrical Code

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 Safety -- Safety and Health Requirements

b. NAVFACPAC Instruction 5100.4C, Section 01525, Safety and Occupational Health Requirements.

HIGH-VISIBILITY SAFETY APPAREL: The Contractor’s workers, sub-contractor’s workers, and visitors 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 NAVFACPAC INSTRUCTION 5100.4C.

c. Korean Industrial Standard (KS).

d. USFK Regulation 201-1, Environmental Governing Standards (EGS).

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

13. SUBMITTALS: Prior to start of work, the Contractor shall submit 1 electronic set of the following submittals to the Contracting Officer for approval before installation or procurement:

a. Accident Prevention Plan (APP)

b. Activity Hazard Analysis (AHAs)

c. Qualifications for Site Safety and Health Officer

d. Accident Reporting Procedures

e. Quality Control Plan and Safety Plan

f. Work Schedule (including Utility Outage schedule and Quality Control Compliance Testing)

g. Submittal register

h. Solid Waste Report

i. TSF(Toxic Substance Free) Certi.

14. GOVERNMENT FURNISHED MATERIALS: N/A

15. PERFORMANCE STANDARDS: Unless otherwise specified, all work shall conform to the standards described in the paragraph entitled "APPLICABLE PUBLICATIONS". The work not specified therein shall be subject to approval of the Contracting officer’s representative.

16. LIQUIDATED DAMAGES: If the Contractor fails to complete the work in the time specified in the contract, or any extension, the Contractor shall pay the U.S. government as liquidated damages the amount of 228,527 Korean Won per calendar day.

17. WORKING HOURS: From 07:00 to 17:00, Monday through Friday, except for U.S. Federal holidays and other days specifically designated by the Contracting officer’s representative (Training holidays, etc.). Requests for work outside of regular hours may be made in writing 5 days in advance to the Contracting officer’s representative.

18. WORKING SCHEDULE: Within five working days after the date of order, the Contractor shall submit a work schedule in writing to the Contracting officer’s representative for approval. In no event shall the Contractor change the approved work schedule without prior written approval of the Contracting officer’s representative. The contractor shall not start any works until the schedule is approved by the FEAD Chinhae Office.

19. PREPERFORMANCE CONFERENCE: Prior to commencing work, the Contractor shall meet in conference with the Contracting officer’s 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.

20. SAFETY REQUIREMENTS FOR WEIGHT HANDLING EQUIPMENT AND WORK IN CONFINED

SPACES FOR THIS PROJECT:

a. All weight handling equipment must meet the requirements of NAVFAC P-307 Section 1.7.2.

1) Crane Critical Lift Plan: Prepare and sign weight handling critical lift plans for lifts over 75 percent of the capacity of the crane or hoist (or lifts over 50 percent of the capacity of a barge mounted mobile crane's hoists) at any radius of lift; lifts involving more than one crane or hoist; lifts of personnel; and lifts involving non-routine rigging or operation, sensitive equipment, or unusual safety risks. Submit the plan 15 calendar days prior to on-site work and include the requirements of USACE EM 385-1-1, paragraph 16.C.18.

2) Provide a Certificate of Compliance for each crane entering an activity under this contract. Certificate shall state that the crane and rigging gear meet applicable OSHA regulations (or local governing body and USACE EM 385-1-1 section 16 and Appendix H. The Certificate of Compliance shall state that the crane operator(s) is qualified and trained in the operation of the crane to be used. Also certify that all of its crane operators working on the DOD activity have been trained in the proper use of all safety devices (e.g., anti-two block devices). Post these certifications on the crane.

3) Notify the Contracting Officer 21 days in advance of any cranes entering the activity so that necessary quality assurance spot checks can be coordinated. Contractor's operator shall remain with the crane during the spot check.

4) Comply with the crane manufacturer's specifications and limitations for erection and operation of cranes and hoists used in support of the work. Perform erection under the supervision of a designated person (as defined in ASME B30.5). Perform all testing in accordance with the manufacturer's recommended procedures.

5) Comply with ASME B30.5 for mobile and locomotive cranes, ASME B30.22 for articulating boom cranes.

6) Under no circumstance make a lift at or above 90% of the crane’s rated capacity in any configuration.

7) Position the crane hook/block directly over the load. Side loading of the crane is prohibited.

8) Certification records which include the date of inspection, signature of the person performing the inspection, and the serial number or other identifier of the crane that was inspected shall be available for review by Contracting Officer personnel.

b. Work in Confined Spaces: In addition to the requirements of Section 06.I of USACE EM 385-1-1, OSHA 29 CFR 1910.146 and OSHA 29 CFR 1926.21(b)(6), comply with the following paragraphs. Any potential for a hazard in the confined space requires a permit system to be used.

1) Confined Space Signage: Provide permanent signs integral to or securely attached to access covers for permit-required confined spaces provided by this contract. Signs wording: "DANGER--PERMIT- REQUIRED CONFINED SPACE - DO NOT ENTER -" in bold letters a minimum of 25 mm (one inch) in height and constructed to be clearly legible with all paint removed. The signal word "DANGER" shall be red and readable from 1.52 m (5 feet).

2) Entry Procedures. Prohibit entry into a confined space by personnel for any purpose, including hot work, until the qualified person has conducted appropriate tests to ensure the confined or enclosed space is safe for the work intended and all potential hazards are controlled or eliminated and documented. (See Section 06.I.06 of USACE EM 385-1-1 for entry procedures.) Review all hazards pertaining to the space with each employee during AHA process.

3) Forced air ventilation is required for all confined space entry operations. Maintain minimum air exchange requirements

21. 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’s representative.

22. 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.

23. 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’s representative. All work of this nature shall be performed at the Contractor's expense and shall be performed as directed by the Contracting officer’s 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.

24. SECURITY REQUIREMENT:

a. Contractor’s personnel or any representative of the contractor entering U. S. Naval Chinhae Base shall abide by all security regulations imposed by Installation Commander at all times and shall be subject to security checks. Contractor personnel and property shall be subject to search and seizure upon entering the confines of the installation, while on, and upon leaving the confines of COMFLEACT Chinhae.

b. Base Passes: The contractor shall complete COMFLEACT Chinhae Base Pass form and provide one photograph, copy of KID, copy of vehicle registration, certificate of vehicle insurance and copy of driver’s license. To obtain the temporary base pass, it takes at least two (2) weeks to be issued for a period of three (3) months only.

c. Escort Privileges: Individual base passes for janitors will not be authorized escort privileges. Escort privileges will be authorized for the CM or alternate with a limit of three (3) persons per base pass. It is the Contractor’s responsibility to ensure that the escorting official has full control over all escorted individuals at all times. Any individual found on the installations unescorted will be removed from the installation and the escort official’s escorting privileges will be immediately withdrawn. Any individual removed from these installations will not be authorized further access to these installations.

d. Turn-in Post Passes: “On the contract completion date, the contractor shall turn in all passes to the sponsor (CEC) that were issued for this contract and final payment will not be made until such items are turned-in.”

25. PROJECT IDENTIFICATION: N/A

26. ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

a. Hazardous Material Usage. 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 Regulation 201-1, Environmental Governing Standards (EGS) and local Korean laws and regulations, unless directed otherwise in the contract. √ Applicable __ Not Applicable

b. Waste Management and Report. Trash, debris, solid waste, and wastewater resulting from the Contractor’s work shall be removed from the site daily and disposed out of U.S. Government facilities at the Contractor’s expense. The Contractor shall submit a solid waste disposal report (Attachment A) to the Contracting Officer on a monthly basis. If the period is less than one month, a final report will be submitted at the end of the contract period. √ Applicable __ Not Applicable

c. Inadvertent Discovery: In the event that any previously unidentified archaeological sites or remains (such as artifacts, shells, bone or, charcoal deposits human burials, rock or coral alignments, paving, or walls) are encountered, immediately suspend work and notify the Contracting Officer. √ Applicable Not Applicable

d. Hazardous Waste Disposal. Dispose of any hazardous waste and industrial waste/wastewater in accordance with KEGS, and local Korean laws. Proof of proper disposition (an authenticated disposal ticket or a copy of manifest) shall be submitted to the Contracting Officer prior to Government acceptance of the work. √ Applicable __ Not Applicable

e. Hazardous Material Storage. Use HM lockers approved by National Fire Protection Association (NFPA) for storage of HMs. Keep the lockers clean and orderly, and maintain all structural integrity and hardware. Put the lockers at a well-ventilated area and do not place the locker near door, break rooms, bathrooms, offices, floor drains, drainage channels, or areas with high foot or vehicle traffic. Mark and label the locker properly. Ensure that an appropriately rated fire extinguisher and spill response equipment are located nearby. Maintain HM inventory list and safety data sheet (SDS) for each HMs in the HM locker. POL vessels/equipment with a capacity > 55 gallons are required to have a secondary containment and monthly inspection. √ Applicable __ Not Applicable

f. Known and/or Potential Asbestos Containing Materials (ACMs). Insulation, flooring, and other building materials may be encountered by the Contractor during the performance of work under this contract, and the Contractor shall remain alert to this possibility. If ACMs are encountered or suspected in the performance of work, the Contractor shall avoid removing, sanding, abrading, or disturbing the material. The Contractor shall verbally notify the KO within one hour and follow-up with written ACM Notification within 24 hours. Applicable √ Not Applicable

g. ACM Survey. If no ACM survey nor ACM-Free certification is available for the project areas and disturbance of ACMs in the area is required, the Contractor shall survey and sample the potential materials that may contain ACM to be disturbed. Then, the Contractor shall provide the ACM survey report to the Government. A Change Order or Supplemental Agreement modification to this Contract may be issued for the special handling of the hazardous waste. __Applicable √ Not Applicable

h. Environmental Management System (EMS). The Contractor shall perform work under this contract consistent with the policy and objectives identified in the Commander, Fleet Activities (COMFLEACT) Chinhae Environmental Management System (EMS). In addition to compliance with the USFK Regulation 201-1 Environmental Governing Standards (EGS), the Contractor shall perform work in a manner that conforms to the objectives and targets, environmental programs and operational controls identified by the EMS. The Contractor shall provide monitoring and measurement information as necessary to address environmental performance relative to environmental, energy, and transportation management goals. In the event an EMS nonconformance or environmental noncompliance associated with the contracted services, tasks, or actions occurs, the Contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall assume legal and financial liability for the noncompliance and take corrective action immediately to remedy the noncompliance. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the Contracting Officer. In addition, the Contractor shall ensure that its employees are aware of their roles and responsibilities under the EMS and how these EMS roles and responsibilities affect work performed under the contract.

The Contractor is responsible for ensuring that their employees receive applicable environmental and occupational health and safety training, and keeping up to date on regulatory required specific training for the type of work to be conducted onsite. All on-site Contractor personnel, and their subcontractor personnel, performing tasks that have the potential to cause a significant environmental impact shall be competent on the basis of appropriate education, training or experience. √ Applicable _ Not Applicable

i. Toxic Substance Free (TSF) Construction Materials. All construction materials must be TSF [asbestos-free (< 1.0% asbestos by weight), lead-paint-free (< 0.5% by weight or < 1.0 mg/cm2), lead-free materials (<0.2%lead for solders and flux, 0.25% lead for wetted surfaces of a pipe/fitting), and polychlorinated bi-phenyl-free (<2 ppm PCB)]. The Contractor shall provide a TSF Construction Certification (see attached) for to the Project Manager before acceptance of the project. Applicable √ Not Applicable

j. Drinking Water System Materials. Drinking water contact material must be certified to NSF/ANSI Standard 61 or verified to be constructed from food grade material or be approved by the Regional Water Quality Board in consultation with WQOC (Water Quality Oversight Council), if they meet host nation equivalent certification testing requirements or applicable US/international food safe material regulations. __ Applicable √ Not Applicable

k. Fill Materials. Imported or offsite fill materials should be evaluated based on the Borrow Site Environmental Evaluation Report submitted by the contractor for the Contracting Officer approval. The report is to ensure that borrow soil is uncontaminated and not from industrial or remedial sites. Soil contaminant levels should be less than the worrisome level for Area 1 indicated in the enforcement rule of Soil Environmental Conservation Act (Ordinance of MOE No. 427). Soil from onsite excavations can be used as filling material if it is clean and free of stains, discoloration, and contamination. _√_Applicable Not Applicable.

l. Disinfection. Disposal and treatment of super chlorinated water shall be IAW AWWA C655-18. Obtain an approval from the CFAC Environmental Office prior to disposal of chlorinated water. Applicable √ Not Applicable

m. Wastewater. No wastewater or non-stormwater is allowed to discharge to storm drains. Only nonhazardous wastewater is allowed to discharge to sanitary sewer. Wastewater from dewatering operations must be treated with sediment, debris, and oil removal and approved by the installation environmental office prior to discharging to sanitary sewers. _√_ Applicable Not Applicable

n. Sediment Control Plan (SCP). All construction which involves soil excavation shall have a SCP which is pre-approved by the installation environmental office prior work commencement. __Applicable √ Not Applicable

o. Dust Control for Construction, Earthwork, and Demolition Sites. Construction sites shall implement appropriate dust control measures (dust control panels, daily floor cleaning, water suppressions, etc.) to contain dust within the work site when dust generation is anticipated from operations (grading, floor cleaning, grinding, cutting, spray painting, demolition, etc.). All major construction must have a dust control plan which shall be preapproved by the installation environmental office prior work commencement. _ Applicable _ √ Not Applicable

p. Green Waste (GW) and Construction and Demolition Debris (C&D) Recycling. Contractor shall use Attachment A to report GW-C&D generated by this project that have been recycled (including reused, salvaged, composted), incinerated, or landfilled. C&D may include waste building materials, packaging and rubble resulting from construction, alteration, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures. _√ Applicable ____ Not Applicable

q. Install dust control panels for 1) spray painting at building construction or groundwork sites, 2) fire retardant spraying, and 3) beam grinding operations involved. ___ Applicable __√_ Not Applicable

r. All new facilities must be provided with BFP if CC can’t be avoided. Plans and specification must be provided to BFP Regional Program Manager and Environmental Division for technical review and approval prior to construction. ___ Applicable _√ _ Not Applicable

27. THE CONTRACTOR IS RESPONSIBLE:

a. To employ individuals qualified to perform the type of work required under the terms of this contract.

b. To have full control of all contractor personnel during performance of work under the terms of contract. The Contractor shall ensure that its personnel do not follow any contract performance instructions from any Government employee except as they are ordered by the Contracting Officer herself/himself. The Contracting Officer is the only person authorized to modify the contract terms or take any action to enter into a change or contractual commitment on behalf of the Government. The Government will not be responsible for any cost incurred for any additional work, which is not identified in the contract specifications or on the contract drawings.

28. CONTRACTOR’S PERSONNEL:

a. Contract Manager: The contractor shall provide a Contract Manager who will be responsible for overseeing the performance of work. The contractor shall not substitute anyone for its Contract Manager, even on a temporary basis, without prior written notification to the COR, and that any such substitute must satisfy the same pre-requisites as the Contract Manager.

b. The Contract Manager shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

c. The Contract Manager shall be available during normal duty hours, and within one hour’s notice to meet on the installation with Government personnel to discuss problem areas. After normal duty hours, the manager or alternate shall be available within four hours notice.

d. The Contract Manager must be able to read, write, speak and understand English.

29. ROK LCS (LOGISTICS COST SHARING): LCS-funded contracts shall not require offshore purchase of materials. Only local sources are eligible for award of LCS-funded contracts.

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 Destination Government Destination Government 0002 Destination Government Destination 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 300 calendar days after the Notice of Proceed (NTP) is issued.

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

(End of clause)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

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

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.229-12 Tax on Certain Foreign Procurements FEB 2021

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 51 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.

52.244-2 SUBCONTRACTS (JUN 2020)

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

Approved purchasing system means a Contractor's purchasing system that has been reviewed and approved in accordance with Part 44 of the Federal Acquisition Regulation (FAR).

Consent to subcontract means the Contracting Officer's written consent for the Contractor to enter into a particular subcontract.

Subcontract means any contract, as defined in FAR Subpart 2.1, entered into by a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(b) When this clause is included in a fixed-price type contract, consent to subcontract is required only on unpriced contract actions (including unpriced modifications or unpriced delivery orders), and only if required in accordance with paragraph (c) or (d) of this clause.

(c) If the Contractor does not have an approved purchasing system, consent to subcontract is required for any subcontract that—

(1) Is of the cost-reimbursement, time-and-materials, or labor-hour type; or

(2) Is fixed-price and exceeds—

(i) For a contract awarded by the Department of Defense, the Coast Guard, or the National Aeronautics and Space Administration, the greater of the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, or 5 percent of the total estimated cost of the contract; or

(ii) For a contract awarded by a civilian agency other than the Coast Guard and the National Aeronautics and Space Administration, either the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, or 5 percent of the total estimated cost of the contract.

(d) If the Contractor has an approved purchasing system, the Contractor nevertheless shall obtain the Contracting Officer’s written consent before placing the following subcontracts: None

(e)(1) The Contractor shall notify the Contracting Officer reasonably in advance of placing any subcontract or modification thereof for which consent is required under paragraph (b), (c), or (d) of this clause, including the following information:

(i) A description of the supplies or services to be subcontracted.

(ii) Identification of the type of subcontract to be used.

(iii) Identification of the proposed subcontractor.

(iv) The proposed subcontract price.

(v) The subcontractor’s current, complete, and accurate certified cost or pricing data and Certificate of Current Cost or Pricing Data, if required by other contract provisions.

(vi) The subcontractor’s Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other provisions of this contract.

(vii) A negotiation memorandum reflecting—

(A) The principal elements of the subcontract price negotiations;

(B) The most significant considerations controlling establishment of initial or revised prices;

(C) The reason certified cost or pricing data were or were not required;

(D) The extent, if any, to which the Contractor did not rely on the subcontractor’s certified cost or pricing data in determining the price objective and in negotiating the final price;

(E) The extent to which it was recognized in the negotiation that the subcontractor’s certified cost or pricing data were not accurate, complete, or current; the action taken by the Contractor and the subcontractor; and the effect of any such defective data on the total price negotiated;

(F) The reasons for any significant difference between the Contractor’s price objective and the price negotiated; and

(G) A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered.

(2) The Contractor is not required to notify the Contracting Officer in advance of entering into any subcontract for which consent is not required under paragraph (c), (d), or (e) of this clause.

(f) Unless the consent or approval specifically provides otherwise, neither consent by the Contracting Officer to any subcontract nor approval of the Contractor’s purchasing system shall constitute a determination—

(1) Of the acceptability of any subcontract terms or conditions;

(2) Of the allowability of any cost under this contract; or

(3) To relieve the Contractor of any responsibility for performing this contract.

(g) No subcontract or modification thereof placed under this contract shall provide for payment on a cost-plus-a-percentage-of-cost basis, and any fee payable under cost-reimbursement type subcontracts shall not exceed the fee limitations in FAR 15.404-4(c)(4)(i).

(h) The Contractor shall give the Contracting Officer immediate written notice of any action or suit filed and prompt notice of any claim made against the Contractor by any subcontractor or vendor that, in the opinion of the Contractor, may result in litigation related in any way to this contract, with respect to which the Contractor may be entitled to reimbursement from the Government.

(i) The Government reserves the right to review the Contractor’s purchasing system as set forth in FAR Subpart 44.3.

(j) Paragraphs (c) and (e) of this clause do not apply to the following subcontracts, which were evaluated during negotiations:

None

5152.229-4012 TAX EXEMPTION CUSTOMS, REPUBLIC OF KOREA

Pursuant to Article IX of the Status of Forces Agreement between the Republic of Korea and the United States of America, the United States and its contractors are exempt from Republic of Korea customs duties and other related charges. By submission of its offer or quote, the Contractor certifies that the price for all material, supplies, and equipment to be imported for the performance of this contract do not include any otherwise applicable customs duties. To obtain an exemption or reimbursement for customs duties paid pursuant to performance of the contract, the contractor must provide the Contracting Officer with the total amount of customs duties that have been excluded from the contract price. The Contracting Officer will return USFK Form 75 to the contractor for filing with the Republic of Korea Customs Office at the time of import declaration or later if the customs duties were paid before award of the contract.

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.

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 OF KOREA

(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 a refund 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.

5152.232-4028 – Funding of ROK MND Funded Contracts

FUNDING OF ROK MND FUNDED CONTRACTS

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

MND.”

(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 FUNDED CONTRACTS

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

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

(b) Performance Certification and Contract Administration: The U.S. Government has sole authority to administer this contract. The U.S. Government, through its designated USFK official(s), has sole authority to inspect and accept goods and services and to determine the Contractor’s entitlement to payment 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…