Solicitation W90VN924R0103.pdf

M599014088LCS001

WORK PLAN CY24 LCS PROGRAM

a. This is a Request for Proposal (RFP) issued to existing Korea-Wide General Construction Multiple Aw ard Indefinite Delivery Indefinite Quantity (MAIDIQ) Local Contractors only.

Contract Number: W91QVN-24-D-0059, 0061, 0062, 0063, 0064, 0065, 0067, 0069, 0070, 0073, 0076, 0078, 0084, & 0085.

b. Site Visit: All MAIDIQ contractors w ho intend to propose on this solicitation are strongly recommended to attend the Site Visit. See Section L for the schedule.

c. If the contractor is unable to submit the proposal in response to this RFP, the contractor shall submit the “No-of f er letter” by closing date and time specif ied in the solicitation.

d. Contract Price Range: Pursuant to FAR 36.204, the estimated price range of this project is betw een $500,000 and $1,000,000.

e. SUBJECT TO THE AVAILABILITY OF FUNDS (SAF): Funds are not presently available for this project. No contract aw ard w ill be made under this solicitation until appropriated funds are made available.

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

15-May-2024

(RFP)

(IFB)

X

CALL:

REPLACE EXPEDITIONARY DFAC ROOF SYSTEM Cp MUJUK

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 ________120 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 X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________21 Jun 2024 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______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 59999-23-11

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

FAX:TEL: TEL: FAX:

W90VN924R0103 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 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

W90VN924R0103

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job K Work (Work Plan)

FFP

Replace Expeditionary DFAC Roof System at Camp Mujuk. The Contractor shall provide all necessary resources for this requirement and perform Project No. MFK 59999-23-11 in accordance with the Statement of Work (SOW), Specification, Drawing and terms and conditions of this contract contained herein.

FOB: Destination

PURCHASE REQUEST NUMBER: M599014088LCS001

PSC CD: Z1AZ

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: Z1AZ

NET AMT

Section C - Descriptions and Specifications

SOW

STATEMENT OF WORK

PROJECT NO TITLE LOCATION

MFK 59999-23-11 Replace Expeditionary DFAC Roof System (Work Plan) Camp Mujuk

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

a. Work by Contractor:

(1) The contractor shall provide all labor, tools, equipment, supplies, and any other resources necessary to accomplish the scope of work contained herein as indicated in the drawings and in accordance with the specifications and drawings.

(2) Performance Period: Shall be 120 calendar days after Notice to Proceed (NTP) is issued at the Post Award Conference (PAC). There will also be a Pre-Construction Conference (PCC) upon government’s acceptance of the 100% drawing package and respective design analysis.

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:

Work Plan Special Requirement

1. It is highly recommended for the contractor to attend the site orientation conducted by Government to get a clear understanding of the site overview which could impact design and construction.

2. The contractor shall submit conceptual drawings, including scope of work with their proposal. The conceptual drawing will be reviewed for its acceptability during the technical evaluation stage.

3. The contractor shall submit 50% (Twenty (20) calendar days after the PAC) and 100% (Thirty (30) calendar days after the PAC) structural drawings and structural analysis by registered and certified engineer with bill of material and quantities for approval prior to commencing construction unless otherwise at government’s discretion. It will be up to the Government who may allow concurrent work such as demolition to be ongoing during the design phase.

4. The contractor shall consider that the proposed site layout plan may change depending on the site conditions and therefore, attendance at site survey during the solicitation phase is encouraged.

5. The contractor shall submit and get approval of shop drawings and detail drawings for construction.

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

Architectural Work – Replace the existing Roofing System with Standing Seam Metal Roof Panels on the Expeditionary DFAC building 1008 in the Administrative District of Camp Mujuk.

The scope of work shall include, but is not limited to:

1. Replacement of full depth roofing system and interior ceiling systems on the following building:

a. Bldg 1008 - Expeditionary Dining Facility Roof replacement and interior jobs shall be completed in accordance with this scope of work and drawings and includes but is not limited to replacement or installation of:

a. Standing seam metal roof panels

b. Insulation

c. Ceilings

d. Vapor Retarder

e. Gutters and downspouts

f. Flashing

g. Fascia

h. Soffit

i. Curbs

j. Ventilators

k. Ridge Caps

l. LED Lightings for Dining Areas

m. Interior Wall Painting (MPI-10)

The existing ventilators over the kitchen area are functional and shall be removed and reinstalled with new roof system. There are fifteen (15) additional new ventilators that are to be installed on the ridge lines of the new roof. Ventilators shall be minimum 24” throat size Roof Turbines.

TECHNICAL DETAIL SPECIFICATIONS

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.

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 (120) 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: The contractor shall submit the Preliminary Project Schedule to the contracting officer defining the Contractor's planned operations for the first 90 calendar days for approval within 5 calendar days after the NTP is received. The approved Preliminary Project Schedule will be used for payment purposes not to exceed 90 calendar days after NTP.

Submit the Initial Project Schedule for approval within 30 calendar days after NTP.

Monthly schedule updates shall be submitted together with the partial progress payment requests for the remainder of the period of performance or as requested by Contracting Officer Representative.

Refer to OMA specifications section 01 32 01.00 10 “Project Schedule” for additional requirements.

The contractor shall not change the approved project schedule without written authorization from the contracting officer.

The contractor shall not start any work or purchase any materials 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.

16.5. For contracts that require a formal OPSEC program. The contractor shall develop an OPSEC Standing Operating Procedure (SOP)/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer. This plan will include a process to identify critical information, where it is located, who is responsible for it, how to protect it and why it needs to be protected. The contractor shall implement OPSEC measures as ordered by the commander. In addition, the contractor shall have an identified certified Level II OPSEC coordinator per AR 530-1.

17. OPERATIONS SECURITY: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III), Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), and all other applicable background checking processing in accordance with (IAW) the United States Forces Korea (USFK) Military Police Installation Access Control Regulation 190-7, the status of forces agreement (SOFA), and all other theater regulations.

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

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

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

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

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

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

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

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

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

Technical Exhibit I: Deliverable Schedule

Deliverable Frequency Format of Copies Submit to

Preliminary Project Schedule

Within 5 calendar days after the NTP is acknowledged

Electronic copy. COR

Initial Project Schedule Within 30 calendar days after NTP Electronic copy. COR

Preconstruction Submittals Within 15 days after NTP Electronic copy. COR

Quality control plan (QCP) Within 15 days after NTP Electronic copy. COR

Safety Plan Para. TPIII. 15 Prior to the date of NTP Electronic copy. COR

Construction permission Para. TPIII. 5

10 working days prior to the starting of work

Electronic copy. COR

Notification of need for inspection Para. TPIII. 3

7 working days prior to any work deemed by the Government to require inspection

Electronic copy. COR

DD Form 1354, Transfer, and acceptance of DoD real property

Prior to final inspection Electronic copy. COR

As-built drawings Para.

TPIII. 9

Prior to final inspection Electronic copy. COR

AT Level I Training Certificate Para. TPIII. 18.1

NLT 30 calendar days after contract award

All Training Certificates

COR

iWATCH Training Certificate Para. TPIII. 18.4

NLT 30 calendar days after contract award

All Training Certificates

COR

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 120 calendar days after Notice to 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.

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of

(1) subsurface or latent physical conditions at the site which differ materially from those indicated in this contract, or

(2) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in (a) above for giving written notice may be extended by the Contracting Officer.

(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

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 deliveries accepted by the U.S. Government, IF (1) the amount due on the deliveries warrants it, or (2) the Contractor requests it and the amount due on the deliveries is at least either the local currency equivalent of $1,000.00 or 50% of the total contract price.

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

(1) Invoice date;

(2) Name and address of contractor;

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

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

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

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

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

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

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

(e) Procedures for Payment by ROK MND:

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

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

(f) Payment Addresses:

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

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

CHOICE OF LAW AND DISPUTES, ROK MND FUNDED CONTRACTS

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

law.

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

(c) “Claim,” as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to…