Solicitation W91QVN20R0097 Car Wash Rack.pdf

0011471754

PROJECT: VA-90076, Construct Car Wash Rack for DPW Motor Pool at S-7020 USAG Humphreys

The estimated magnitude of construction for this project is betw een $25,000 and $100,000

OFFERORS MUST COMPLY WITH THE FOLLOWING:

THIS IS A NON-WORK PLAN TASK ORDER FOR THE FOLLOWING MATOC CONTRACTORS ONLY.

Contract #W91QVN18D0053, 0054, 0056, 0057, 0058, 0059, 0060, 0062, 0064, 0065, 0066, 0069, 0070, 0071, 0073, 0074, 0076, 0077.

Proposals from offerors other than these MATOC contracts SHALL not be considered for aw ard.

SITE VISIT: ALL MATOC 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 for schedule.

Proposals shall be submitted in the follow ing format:

1. The PRICING PROPOSAL shall be submitted by 1300 hours on the closing date of RFP through to julian.d.rhooms.mil@mail.mil

2. See Section L for details. If MATOC contractor is unable to submit a proposal in response to this RFP, the contractor shall submit a "No-offer Letter" by date and time specified in this solicitation.

Resulting contract w ill be Firm-Fixed-Price (FFP)

SSG RHOOMS, JULIAN D. 315-755-3402

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

27-Apr-2020

(RFP)

(IFB)

X

CALL:

Construct Car Wash Rack for DPW Motor Pool, S-7020

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 X mandatory, negotiable. (See _________________________Section F

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 __________ copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________18 May 2020 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

411TH CONTRACTING SUPPORT BRIGADE, KOREA

CONSTRUCTION & SUPPLY DIV, UNIT #15289

APO AP 96271

UNITED STATES

W91QVN

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.

VA-90076

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

FAX:TEL: TEL: FAX:

W91QVN20R0097 29

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

W91QVN20R0097

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

(L) Construct Car wash rack for S-7020

FFP

(L)VA-90076

The contractor shall provide all labor, tools, equipment, transportation, materials and any other resources necessary to accomplish the scope of work.

The project calls for constructing a car wash rack for the DPW motor pool at building S-7020 in accordance with the contract, specifications and drawings.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011471754

PSC CD: Z2EB

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

War Hazard

FFP

Expected Losses from War Hazard are Zero (0).

FOB: Destination

PSC CD: Z2EB

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

PROJECT NO TITLE LOCATION

VA-90076 Construct Car Wash Rack for DPW Motor Pool, S-7020 USAG Humphreys

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.

(2) The contractor shall construct car wash rack for DPW motor pool, S-7020 in accordance with the specifications and drawings.

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

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

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

Schedule # I, Construction/Alteration (L): All work shall be in accordance with the attached drawings and specifications.

Civil Work

1. Remove existing PCC pavement with base course.

2. Remove existing sewer line for new manhole.

3. Remove existing gravel area for new water line.

4. Provide sewer manhole.

5. Provide PCC pavement with base course and joints.

6. Provide sewer pipe.

7. Provide bollards.

8. Provide oil-water separator.

9. Provide water pipe, concrete thrust blocks, valves, tees, reducers and four frost-proof outdoor faucets.

10. Provide sloped wash rack with concrete curb.

11. Provide steel grating covered concrete ditch.

SPECIAL CONDITIONS

VA-90076 Construct Car Wash Rack for DPW Motor Pool, S-7020 USAG Humphreys

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. WORK HOURS: The work will be accomplished from 0730 hours through 1730 hours, from 1 October through 30 April and from 0730 hours through 1930 hours from 1 May through 30 September, Mondays through Saturdays, except for Korean Legal Holidays: Any proposed change in working hours should be approved by the Contracting Officer (KO) and Contracting Officer's Representative (COR).

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. INSTALLATION ACCESS AND CONTROL

4.1 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.

4.2 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.

4.3 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.

5. ANTITERRORISM:

5.1. 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.

5.2. 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.

5.3. 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.

5.4. 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.

6. 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.

7. SUBMITTALS: The contractor shall provide contract progress schedule and submittal register within 5 working days after Notice to Proceed (NTP) is issued.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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).

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

16. 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.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY FULL TEXT

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 50 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.

(End of clause)

Section F - Deliveries or Performance

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.

Section G - Contract Administration Data

5152.232-4022 PAYMENT-RELATED ADDRESSES:

WAWF INSTRUCTION

Invoices for goods received or services rendered under this contract shall be submitted electronically through Wide Area Work Flow – Receipt and Acceptance (WAWF): The vendor shall self-register at the web site https://wawf.eb.mil. Vendor training is available on the internet at https://wawftraining.eb.mil If you are experiencing technical problems with Wide Area Workflow, please contact. below service center.

Customer Service Center

CONUS ONLY: 1-866-618-5988

COMMERCIAL: 801-605-7095

DSN: 388-7095

FAX COMMERCIAL: 801-605-7453

FAX DSN: 388-7453

CSCASSIG@CSD.DISA.MIL

A separate invoice will be prepared for every modification.

For Services: Select the 2-in-1 Invoice within WAWF as the invoice type.

For Supplies: Select the Create Invoice and Receiving Report COMBO within WAWF as the invoice type. The Invoice and Receiving Report COMBO prepares the Material Inspection and Receiving Report, DD Form 250, and the Invoice at the same time. Select the invoice type within WAWF as specified below. Back up documentation (such as timesheets, etc.) can be included and attached to the invoice in WAWF.

Attachments created in any Microsoft Office product are attachable to the invoice in WAWF. The following information, regarding invoice routine DODAAC’s, must be e entered for completion of the invoice in WAWF:

“Contract number”

WAWF Invoice Type: 2-in-1

Issuing Office DODAAC W91QVN

Admin Office DODAAC W91QVN

Inspector DODAAC (if applicable) WT4KBR

Ship To DODAAC (for Combo), Service Acceptor DODAAC (for 2 in 1) WT4KBR Service Approver DODAAC (for Cost Voucher) (if applicable)

Acceptor DODAAC (if applicable) WT4KBR

Paying Office DODAAC W56GBU

(1) The Contractor hereby authorizes delivery of payments (checks) due under this contract, for deposit to its account or to its company representative as follows:

Name of Bank, or

Authorized Company Representative:____________________________________ Bank Address: _____________________________________________________ Account Number: ___________________________________________________ SWIFT Code: ______________________________________________________

(2) The above bank account information must be included on all invoices.

(3) The designation in (1), above, does not constitute an assignment of claims, within the meaning of FAR 52.232- 23 Assignment of Claims.

(4) If the Contractor does not provide the information requested in subpara c, above, the Government will mail payment checks to the contractor’s address as shown on the cover sheet of this contract. The Contractor assumes all risk for payment(s) mailed. If checks are lost in the mail system, the Contractor can recover for them only by filing a claim to the paying office. The Government may take up to six (6) months to process a claim based on a lost check.

* The Government requires most Contractors to provide for payment by Electronic Funds Transfer (EFT), but exempts from that requirement contractors who are individual persons.

Section I - Contract Clauses

52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019)

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

Agent means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

Coercion means--

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

Commercially available off-the-shelf (COTS) item means--

(1) Any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Commercial sex act means any sex act on account of which anything of value is given to or received by any person.

Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

Employee means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

Forced Labor means knowingly providing or obtaining the labor or services of a person--

(1) By threats of serious harm to, or physical restraint against, that person or another person;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

Involuntary servitude includes a condition of servitude induced by means of--

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

Recruitment fees means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.

(1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for--

(i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential employees;

(ii) Advertising;

(iii) Obtaining permanent or temporary labor certification, including any associated fees;

(iv) Processing applications and petitions;

(v) Acquiring visas, including any associated fees;

(vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;

(vii) Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security clearance checks and examinations; and additional certifications;

(viii) An employer's recruiters, agents or attorneys, or other notary or legal fees;

(ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential employees;

(x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds;

(xi) Transportation and subsistence costs--

(A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance and the return journey upon the end of employment; and

(B) From the airport or disembarkation point to the worksite;

(xii) Security deposits, bonds, and insurance; and

(xiii) Equipment charges.

(2) A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is--

(i) Paid in property or money;

(ii) Deducted from wages;

(iii) Paid back in wage or benefit concessions;

(iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or

(v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to--

(A) Agents;

(B) Labor brokers;

(C) Recruiters;

(D) Staffing firms (including private employment and placement firms);

(E) Subsidiaries/affiliates of the employer;

(F) Any agent or employee of such entities; and

(G) Subcontractors at all tiers.

Severe forms of trafficking in persons means--

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not--

(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procure commercial sex acts during the period of performance of the contract;

(3) Use forced labor in the performance of the contract;

(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;

(5)(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language understood by the employee or potential employee, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant costs to be charged to the employee or potential employee, and, if applicable, the hazardous nature of the work;

(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

(6) Charge employees or potential employees recruitment fees;

(7)(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment--

(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or

(B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that--

(ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is--

(A) Legally permitted to remain in the country of employment and who chooses to do so; or

(B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;

(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.

(8) Provide or arrange housing that fails to meet the host country housing and safety standards; or

(9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.

(c) Contractor requirements. The Contractor shall--

(1) Notify its employees and agents of--

(i) The United States Government's policy prohibiting trafficking in persons, described in paragraph (b) of this clause; and

(ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and

(2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause.

(d) Notification.

(1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of--

(i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203- 13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and

(ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.

(2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value.

(e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in--

(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

(2) Requiring the Contractor to terminate a subcontract;

(3) Suspension of contract payments until the Contractor has taken appropriate remedial action;

(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;

(5) Declining to exercise available options under the contract;

(6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or

(7) Suspension or debarment.

(f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the following:

(1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations.

(2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so.

(g) Full cooperation. (1) The Contractor shall, at a minimum--

(i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct;

(ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents;

(iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and

(iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities.

(2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not--

(i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine;

(ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; or

(iii) Restrict the Contractor from--

(A) Conducting an internal investigation; or

(B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

(h) Compliance plan. (1) This paragraph (h) applies to any portion of the contract that--

(i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and

(ii) Has an estimated value that exceeds $500,000.

(2) The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate--

(i) To the size and complexity of the contract; and

(ii) To the nature and scope of the activities to be performed for the Government, including the number of non- United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons.

(3) Minimum requirements. The compliance plan must include, at a minimum, the following:

(i) An awareness program to inform contractor employees about the Government's policy prohibiting trafficking-related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations. Additional information about Trafficking in Persons and examples of awareness programs can be found at the Web site for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/.

(ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees and potential employees the hotline phone number of the Global Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org.

(iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employee or potential employee, and ensures that wages meet applicable host-country legal requirements or explains any variance.

(iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host-country housing and safety standards.

(v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities.

(4) Posting.

(i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the compliance plan to each worker in writing.

(ii) The Contractor shall provide the compliance plan to the Contracting Officer upon request.

(5) Certification. Annually after receiving an award, the Contractor shall submit a certification to the Contracting Officer that--

(i) It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and

(ii) After having conducted due diligence, either--

(A) To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is engaged in any such activities; or

(B) If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found, the Contractor or subcontractor has taken the appropriate remedial and referral actions.

(i) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (i), in all subcontracts and in all contracts with agents. The requirements in paragraph (h) of this clause apply only to any portion of the subcontract that--

(A) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and

(B) Has an estimated value that exceeds $500,000.

(2) If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission prior to the award of the subcontract and annually thereafter. The certification shall cover the items in paragraph (h)(5) of this clause.

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (JUN 2015)

(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is--

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from [ ___ Contracting Officer to insert applicable information cited in PGI 225.372-1].

252.225-7993 PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (DEVIATION 2020-O0001) (NOV 2019)

(a) The Contractor shall—

(1) Exercise due diligence to ensure that none of the funds, including supplies and services, received under this contract are provided directly or indirectly (including through subcontracts) to a person or entity who is actively opposing United States or Coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities;

(2) Check the list of prohibited/restricted sources in the System for Award Management (SAM) at www.sam.gov -

(i) Prior to subcontract award; and

(ii) At least on a monthly basis; and

(3) Terminate or void in whole or in part any subcontract with a person or entity listed in SAM as a prohibited or restricted source pursuant to section 841 of the National Defense Authorization Act for Fiscal Year 2015 (Pub. L. 113-291), as amended, unless the Contracting Officer provides to the Contractor written approval of the head of the contracting activity to continue the subcontract.

(b) The Head of the Contracting Activity has the authority to—

(1) Terminate this contract for default, in whole or in part, if the Head of the Contracting Activity determines in writing that the contractor failed to exercise due diligence, as required by paragraph (a) of this clause; or

(2)(i) Void this contract, in whole or in part, if the Head of the Contracting Activity determines in writing that any funds received under this contract have been provided directly or indirectly to a person or entity who is actively opposing United States or Coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities.

(ii) When voided in whole or in part, a contract is unenforceable as contrary to public policy, either in its entirety or with regard to a segregable task or effort under the contract, respectively.

(c) The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts, including subcontracts for commercial items, under this contract that have an estimated value over $50,000 and will be performed outside the United States and its outlying areas.

Section J - List of Documents, Exhibits and Other Attachments

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title Ref No. Drawing No.

Title Sheet T-1 20-017 Location Plan C-1 20-017 Removal Plan C-2 20-017 Site Layout Plan C-3 20-017 PCC Wash Rack C-6 20-017 Oil/Water Separator Details C-7 20-017 PCC Pavement Details C-8 20-017

TECHNICAL DETAIL SPECIFICATION

VA-90076 Construct Car Wash Rack for DPW Motor Pool, S-7020 USAG Humphreys

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.

APPENDIX "A"

LIST OF APPLICABLE CONTRACT DRAWING

VA-90076 Construct Car Wash Rack for DPW Motor Pool, S-7020 USAG Humphreys

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

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

20-017 1 of 1 T-1 Title Sheet 9 Mar 2020

“ 1 of 8 C-1 Location Plan “

“…