Solicitation_W91QVN26RA037.pdf
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- Solicitation number
- W91QVN26RA037
About this file
This is a Request for Proposal (RFP) for a construction task order under the Logistics Cost Sharing (LCS) program, issued by the 411th Contracting Support Brigade (CSB) for the Republic of Korea (ROK) Ministry of National Defense.
The solicitation (W91QVN26RA037) seeks proposals for the SOCKOR HQ ACS Upgrade project at USAG Humphreys, with an estimated price range between $25,000 and $100,000. The work consists of installing one pedestrian turnstile security gate (Turnstile Security Gate 3000-S or equivalent) at Building 7621, including utility trenching, electrical connections, temporary security fencing, site preparation, cleanup, and all associated labor and materials. The total performance period is 120 calendar days: 30 days for material procurement followed by 90 days for on-site work. The contractor must commence work within 10 calendar days of receiving the Notice to Proceed. The pricing arrangement is firm fixed price, and the contract will be between the ROK Government and the contractor, with ROK providing direct payment. Only MATOC contractors holding one of the specified 20 MATOC contracts (W91QVN-24-D-0059 through -0106) are eligible to bid. Proposals are due by 04 MAY 2026 at 01:00 PM local time and must be submitted electronically through the Procurement Integrated Enterprise Environment (PIEE) Solicitation Module. Offerors must establish eligibility as Korean contractors by submitting certified registration documents, stock change certificates, and applicable parent company documentation. The Government intends to award to the lowest-priced responsive and responsible offeror without conducting discussions, though discussions may be held if deemed necessary. All work must be performed in Korea by Korean contractors in accordance with applicable Army, DoD, federal, and Korean safety and environmental codes.
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SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
9. FOR
INFORMATION CALL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".
SOLICITATION
1. SOLICITATION NUMBER
5. REQUISITION/PURCHASE REQUEST NUMBER
CODE
6. PROJECT NUMBER
8. ADDRESS OFFER TO
4. CONTRACT NUMBER
7. ISSUED BY
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)
11. The contractor shall begin performance within
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES", indicate within how many calendar days after award in Item 12b.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and
b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d. Offers providing less than
STANDARD FORM 1442 (REV. 12/2022)
Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
is, is not required.
local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.
calendar days and complete it within calendar days after receiving
a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
12b. CALENDAR DAYS
2. TYPE OF SOLICITATION
SEALED BID (IFB)
INVITATION FOR BID
NEGOTIATED (RFP)
REQUEST FOR PROPOSAL
3. DATE ISSUED PAGE OF PAGES
W91QVN26RA037 15 APR 2026 1 32
PRIORITY #67
0411 AQ HQ CONTRACT AUG
KO DIRECTORATE OF CONTRACTIN, UNIT 15289
APO, AP 96271-5289
UNITED STATES
SU CHONG KANG, EMAIL: SUCHONG.KANG.LN@ARMY.MIL TELEPHONE: 315-744-
W91QVN
SU CHONG KANG 315-744-3394
PROJECT TITLE: P7621, SOCKOR ACS UPGRADE
PROJECT LOCATION: HUMPHREYS
A.THIS IS A NON-WORK PLAN TASK ORDER RFP FOR FOLLOWING LOGISTICS COST SHARING (LCS) FUNDED PROJECT MATOC CONTRACTORS ONLY.
B.ONLY PROPOSALS FOR THIS REQUIREMENT ARE BEING SOLICITED FROM THE MATOC CONTRACTORS FOR THE FOLLOWING MATOC CONTRACTS ISSUED BY
THE 411TH CONTRACTING SUPPORT BRIGADE (CSB).
CONTRACT NUMBER: W91QVN-24-D-0059, -0060, -0062, -0063, -0064, -0067, -0068, -0069, -0070, -0071, -0072, -0073, -0076, -0077, -0078, -0084, -0085, -0098, -0102, -0106.
C.IN THE EVENT A CONTRACTOR IS UNABLE TO SUBMIT AN OFFER IN RESPONSE TO THIS RFP, THE CONTRACTOR SHALL SUBMIT “NO OFFER LETTER” BY
CLOSING DATE AND TIME SPECIFIED IN RFP.
D. CONSTRUCTION PRICE RANGE: PURSUANT TO FAR 36.204 THE ESTIMATED PRICE RANGE IS BETWEEN $25,000 AND $100,000.
10 120
FAR 52.211-10
01:00 PM
04 MAY 2026
AWARD (To be completed by Government)
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
OFFER (Must be fully completed by offeror)
AMOUNTS
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
NUMBER
DATE
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)
CODE FACILITY CODE
15. TELEPHONE NUMBER (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)
21. ITEMS ACCEPTED:
22. AMOUNT
26. ADMINISTERED BY
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)
31c. DATE
STANDARD FORM 1442 (REV. 12/2022) BACK
31b. UNITED STATES OF AMERICA
BY
31a. NAME OF CONTRACTING OFFICER (Type or print)
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30b. SIGNATURE 30c. DATE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
copies to issuing office.) Contractor agrees to furnish
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
23. ACCOUNTING AND APPROPRIATION DATA
ITEM
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES
CODE AT
27. PAYMENT WILL BE MADE BY
10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )
20b. SIGNATURE 20c. OFFER DATE
ELIGIBILITY FOR AWARD OF ROK MND CONTRACTS
(a) This solicitation is conducted under the LCS program and will result in a contract between the Government of the Republic of Korea (ROK) and the contractor. ROK will directly pay the contractor. No appropriated funds of the United States (US) shall be obligated for payment due under a contract resulting from this solicitation.
(b) In accordance with the International Agreement between the US and ROK, titled "Implementation Arrangement for the Special Measures Agreement" (hereinafter "International Agreement"), signed by the parties in 2019: The parties hereby agree that all LCS work must be accomplished in the ROK or its territorial waters and that all equipment and supplies that are to be acquired with ROK Government funds shall be manufactured in the ROK, and all LCS service work shall be carried out by Korean contractor(s), the Korea Railroad Corporation, or the ROK military.
The term 'Korean contractor" in implementing the LCS program in Section V, Paragraph 3 (of the 2019 SMA IA) is defined as follows:
1) An entity, that, including its parent, is a domestic corporation under the Korean Corporation Tax Act and whose domestic status is recorded in the Certified Copy of Register or its successor document. A parent is defined as an entity that holds more than 50/100 of the total issued and outstanding shares in another company, as reflected in the Stock Change Certificate; or
2) An individual who has Korean nationality.
(c) In order to establish eligibility for a LCS contract, the offeror shall submit the documents listed below with their proposal prior to the closing date/time established in the solicitation. The contracting officer will
W91QVN26RA037
determine the offeror's eligibility status as a Korean contractor solely on the basis of these documents.
1) Prime Contractor Registration: The offeror shall submit its Certified Copy of Register, as certified and submitted to the ROK Supreme Court (). In order to qualify as a Korean Contractor, the fourth block of the offeror's Certified Copy of Register [ ()] must state an address that is physically located in the Republic of Korea.
2) Prime Contractor Stock Change Certification: The offeror shall submit its most recent Stock Change Certificate, as certified and submitted to the ROK Local Tax Office. The prime contractor's Stock Change Certificate will be evaluated to determine if the prime contractor has a Parent (as defined in the International Agreement extract above).
NOTE: If the Prime Contractor has a Parent, the offeror shall submit the Parent's Certified Copy of Register as certified and submitted to the ROK Supreme Court. In order for the Prime Contractor to qualify as a Korean Contractor, the fourth block of the offeror's Parent's Certified Copy of Register must state an address that is physically located in the Republic of Korea.
3) If an Offeror does not have a Stock Change Certificate, to validate if an individual is "Korean nationality", the following documents shall be submitted:
. Business Registration
. Basic Certificate
. Certificate of Business Fact
(Issued by National Tax Service showing partnership/owners, shares, and date when the business was jointly owned)
4) To summarize the requirements stated above:
1. An offeror that does not have a "Parent" will submit 2 documents to establish that the offeror is a Korean Contractor:
a) Offeror's Certified Copy of Register, and
b) Offeror's Stock Change Certificate.
2. An offeror that does have a "Parent" will submit 3 documents to establish that the offeror is a Korean Contractor:
a) Offeror's Certified Copy of Register,
b) Offeror's Stock Change Certificate, and
c) Parent's Certified Copy of Register.
3. An Offeror that does not have Stock Change Certificate will submit:
a) Business Registration,
b) Basic Certificate, and
c) Certificate of Business Fact.
Procurement Integrated Enterprise Environment (PIEE) Solicitation Module
The offeror shall submit its proposal/offer/bid electronically through the Procurement Integrated Enterprise Environment (PIEE) Solicitation Module prior to the due date and time identified on the first page of this solicitation. Instructions for submissions in PIEE can be found under Solicitation - Web Based Training at https://pieetraining.eb.mil/wbt/xhtml/wbt/sol/index.xhtml.
This is the only acceptable means of submission. Failure to submit through the PIEE Solicitation Module will render the submission late, non-responsive and ineligible for award.
The offeror has the responsibility to monitor the PIEE Solicitation Module for any updates and amendments. To ensure that notifications of amendments are received, the offeror must select the option box "Please notify me of amendments to this solicitation" at the top of the subject solicitation page after logging into the PIEE Solicitation Module and viewing the solicitation.
If the PIEE system is not operational, experiences technical difficulties, or is otherwise inaccessible or unusable, the Contractor shall immediately notify the Contracting Officer for further instructions.
This notification must occur prior to the solicitation response due date and shall be in writing via email.
*** END OF NARRATIVE ***
STATEMENT OF WORK
P7621, USAG Humphreys SOCKOR HQ ACS Upgrade
1. Background/Introduction: This project will enhance the existing Anti-Terrorism/Force Protection (ATFP) measures at the Special Operations Command - Korea (SOCKOR) Headquarters on Camp Humphreys. The work consists of installing a new pedestrian turnstile to strengthen the facility's access control capabilities.
2. Scope of Work: The Contractor shall furnish all supervision, labor, materials, transportation, equipment, and tools necessary to execute all work as detailed in this Statement of Work. This project will be executed under a firm-fixed-price contract.
2.1. Turnstile Procurement: The Contractor shall furnish and install one (1) turnstile security gate that shall conform in style, finish, and configuration to the existing turnstile gates currently in service at SOCKOR Headquarters. The selected unit shall be the Turnstile Security Gate 3000-S, or an approved equivalent, and shall match the visual appearance and functional attributes of all previously installed gates within the facility.
2.1.1. Model: Turnstile Security Gate 3000-S or equivalent, subject to Contracting Officer Representative (COR) approval, and coordinated to ensure uniformity with all existing gates.
2.1.2. Configuration: Turnstile shall be equipped to allow card access for entry and free mechanical exit, consistent with the operational specifications of the current site gates.
2.1.3. Exit Mechanism: Mechanical exit, one-way, single type, identical to mechanisms in use on existing turnstile gates.
2.1.4. Finish: Galvanized steel with grey powder coat; finish shall be matched to the other turnstile gates installed at SOCKOR Headquarters.
2.1.5. All materials, equipment, and finishes shall be submitted for review and approval to ensure the new installation is visually and functionally consistent with the established standards at the project site.
2.2. Installation: The Contractor shall install the new pedestrian turnstile at a location designated in the accompanying drawings. The turnstile will be topped with three strands of barbed wire in the same style as other turnstiles at SOCKOR.
2.3. Configuration: The Contractor shall configure the turnstile to allow for card controlled access for entry and a mechanical free exit, per the manufacturer's specifications and government requirements.
2.4. Utility Trenching and Conduit: The Contractor shall excavate, install, and backfill all necessary trenching and conduit for electrical and communication lines required for the new turnstile system.
To support operational flexibility and accommodate potential equipment needs, the installation must include three additional pull cables.
2.5. Electrical and Grounding: The Contractor shall perform all necessary electrical connections for the turnstile. All newly installed electrical components shall be properly grounded in accordance with all applicable electrical codes and standards.
2.6. Labeling: The Contractor shall clearly label all new electrical panels, circuits, and data /communication connections according to industry standards to ensure ease of future maintenance and troubleshooting.
3. Incidental Services
3.1. Project Management: Provide a dedicated project manager to oversee and coordinate all project aspects, serving as the single point of contact for the government.
3.2. Site Preparation and Cleanup: Prepare the project site for all construction activities. Upon project completion, the Contractor shall remove all construction debris, equipment, and materials, leaving the site clean and orderly.
3.3. Waste Disposal: Dispose of all construction waste and debris in accordance with applicable environmental regulations and installation policies.
3.4. Security: The Contractor shall adhere to all SOCKOR security regulations and procedures throughout the project duration. This includes conducting personnel background checks and complying with escort requirements within the facility. The Contractor shall ensure the continuous maintenance of SOCKOR physical security during the project. The contractor is required to install temporary fencing topped with three strands of barbed wire or a single roll of concertina wire around the construction area to maintain the SOCKOR perimeter fence. The location within the perimeter fence or outside on the pavement will be determined after a joint survey conducted by the contractor, the SOCKOR COR, and the SOCKOR Security Manager.
3.5. Reporting: Provide daily progress reports to the SOCKOR Project Manager, documenting the status of work completed, any challenges encountered, and the projected completion timeline.
3.6. Testing and Commissioning: Thoroughly test all installed systems to ensure proper functionality, including the turnstile access control mechanism and all electrical components. The Contractor shall provide documentation of successful testing to the SOCKOR Project Manager.
3.7. As-Built Drawings: Upon project completion, the Contractor shall provide a complete set of as-built drawings accurately reflecting the final installation of all components and systems.
3.8. Warranty: Provide a minimum of a one-year warranty on all equipment and installation labor, covering any defects in materials or workmanship.
3.9. Restoration: The Contractor shall be responsible for the repair or replacement of any existing infrastructure, landscaping, or facilities damaged during the course of the project. All restored items shall match existing conditions.
4. Period of Performance: The total performance period is 120 calendar days, which consists of a 30-day lead time for procuring materials followed by 90 calendar days allocated for on-site work.
5. Performance Task List:
5.1. Emplacement of temporary security fencing.
5.2. Removal and disposal of existing fence section where turnstile is to be placed.
5.3. Digging of all necessary trenches and emplacement of all necessary conduit runs (featuring pull cables).
5.4. Pouring concrete footings sufficient to secure turnstile.
5.5. Emplacement of the turnstile.
5.6. Site cleanup and disposal of dirt, construction material, etc.
5.7. Removal of temporary security fencing once new turnstile has been tested and validated as secure.
6. Place of Performance: BLDG 7621, USAG Humphreys
7. Codes and Regulations: All work will be done in accordance with Army, DoD, federal, country, safety and environmental codes and regulations.
7.1. UFC 3-500: electrical
7.2. IEEE C2-2012 National Electrical Safety Code (NESC)
7.3. UFC 4-022-03 security fences and gates
7.4. EM 385-1-1
7.5. O&MA 2014
7.6. Environment Governing Standard (EGS) 201-1
8. Site Visit: Contractor will examine the site and determine for themselves the existing conditions and general character of the site. Claims for additional costs due to conditions that could have been verified by site investigation will not be authorized.
Contractor will contact the contracting officer's representative (COR) to schedule the site visit.
9. Government Furnished Property (GFP) and Services: The US Government will not provide any equipment, fuel, personnel, utilities, or facilities to the contractor for the execution of this contract.
Only the necessary basic lifesaving and life support measures will be provided during an emergency.
10. Work Week and Hours of Operation:
10.1. The contractor will provide services during normal working hours excluding US and ROK holidays.
10.2. Normal working hours are 0800-1700, Monday through Friday, unless requirements dictate otherwise.
10.3. The COR can permit exceptions upon request and at the COR's discretion.
10.4. Attached is a list of holidays observed by the US and ROK Governments.
10.5. A US or ROK holiday will be observed by the contractor according to the practice observed by the assigned US or ROK government employees if any of the holidays occur on a Saturday or a Sunday.
11. Security and Access Requirements: The contractor will adhere to installation security policies.
All necessary permits, passes, and other security/access requirements will be obtained prior to commencing the applicable stage of work.
12. Safety and Quality Control
12.1. Contractor personnel will adhere to all US and Korean safety regulations and laws. All equipment brought by the contractor will be in good working condition. Proper safety gear will always be worn where applicable.
12.2. Contractor will provide proper training to its employees on how to operate all equipment in a safe manner in accordance with manufacturer's guidelines.
13. General Requirements:
13.1. All materials for this project will be new and meet all applicable Korean and U.S. standards.
Manufacturer's installation plan will be submitted to the listed COR for review and approval prior to installation.
13.2. The U.S Government will perform pre-final and final inspections within 2 working days after notification by the contractor of work completion.
13.3. The contractor will provide a one-year warranty of installation and provide the standard material warranty from the manufacture starting from the day of final inspection and acceptance.
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 is issued.
*** END OF NARRATIVE ***
Clauses incorporated by reference (IBR):
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment NOV 2021
52.232-18 Availability of Funds APR 1984
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 51 percent of the total amount of work to be performed under this contract. This percentage may be reduced by a supplemental agreement to the contract, if during performing the work, the Contractor requests a reduction and the Contracting Officer determines the reduction would be to the advantage of the Government.
(End of Clause)
5152.232-4028 Funding of ROK MND Funded Contracts
I reviewed the Award Decision Document and Contract File for a contract to provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to perform pressure wash of building walls and windows for Daegu, Waegwan and Busan Area. This effort is Firm Fixed Price and was awarded via a LPTA source selection. The legal comments I provided focused primarily on documenting the past performance and technical evaluations. I provided a template for documenting both past performance and technical evaluations. These comments reduced the Likelihood of a successful protest against the Government.
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 this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant; however, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the clause until certified as required by subparagraph (d)(2) below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the clause. The submission may be converted to a claim under the clause, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.
(d) The contractor shall have the right to submit to the Contracting Officer, disputes, demands, and /or claims, relating to or arising under this contract, only on the issue of whether the Government should and will certify performance, for payment by the ROK Government. The contractor shall not submit to the U.S.
Government, nor will the Contracting Officer accept, any disputes, demands, or claims for compensation for work, which the U.S.
Government has certified as completed.
(e) Procedures
(1) A claim by the contractor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a decision by the Contracting
Officer.
(2) For contractor's claims exceeding $100,000, the contractor shall submit with the claim a certification that -
(i) The claim is made in good faith;
(ii) Supporting data are accurate and complete to the best of the contractor's knowledge and belief;
and
(iii) The amount requested accurately reflects the contract adjustment for which the contractor believes the Government is liable.
(3) Individuals
(i) If the contractor is an individual, the certification shall be executed by that individual.
(ii) If the contractor is not an individual, the certification shall be executed by -
(A) A senior company official in charge at the contractor's plant or location involved; or
(B) An officer or general partner of the contractor having overall responsibility for the conduct of the contractor's affairs.
(f) For contractor's claims of $100,000 or less, the Contracting Officer will, if requested in writing by the contractor, render a decision within 60 days of the request. For contractor-certified claims over $100,000, the Contracting
Officer will, within 60 days, decide the claim or notify the contractor of the date by which the decision will be made.
(g) The Contracting Officer's decision shall be final unless the contractor appeals the decision within 30 days of the Contracting Officer's decision, to the Principal Assistant Responsible for Contracting (PARC). In the event that the contractor does appeal the decision of the Contracting Officer, the appeal shall be heard by and decided by the PARC and/or a panel of U.S. officials, chaired by the PARC. The decision of this panel shall be final.
(h) The contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, or action arising under the contract, and comply with any decision of the Contracting Officer.
(i) This contract is not subject to the Contract Disputes Act of 1978, as amended (41 U.S. Code, Sections 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with this local clause, 5152.233-4008.
*** END OF NARRATIVE ***
ATTACHMENT: CONTRACTOR'S TAX EXEMPTION DECLARATION
(1) References:
(i) Contract clause, "FAR 52.229-06 Taxes--Foreign Fixed-Price Contracts (Jan 1991)."
(ii) US-ROK Status of Forces Agreement (SOFA), Articles IX and XVI.
(iii) ROK Customs Law, Law No. 1976, promulgated on 29 November 1967, as amended.
(iv) ROK Value Added Tax Law, Law No. 2934, promulgated on 22 December 1976 (effective date 1 July 1977), as amended.
(v) ROK Special Excise Tax Law, Law No. 2935, promulgated on 22 December 1976 (effective date 1 July 1977), as amended.
(2) Contractor shall state the types and estimated amount of taxes that would normally apply to such transactions but are excluded from this proposal.
(i) Customs Tax (except for ROK MND-funded contracts or delivery orders):
Name Number Cost/Unit of Item of Units w/o Tax % of Tax Tax/Unit Tax Total
This item will be imported specifically for this contract? Yes _________ No ________
(ii) Special Excise Tax:
Name Number Cost/Unit of Item of Units w/o Tax % of Tax Tax/Unit Tax Total
Name of item manufacturer
(iii) Value Added Tax (VAT):
Input VAT on materials purchased for this contract. _________
Input VAT on transportation leased/rented for this contract. _________
Input VAT on equipment leased/rented for this contract. _________
Input VAT on services purchased for this contract. _________
Output VAT on total contract amount. _________
(iv) Special Excise (Petroleum) Tax:
No. of Unit Price Total Tax
Liters w/o Tax Tax/Unit Amount
Regular Gasoline __________ (L) _________ ________ _________
Premium Gasoline __________ (L) _________ ________ _________
Diesel __________ (L) _________ ________ _________
Other __________ (L) _________ ________ _________
(3) Name of Oil Company Refinery from which POL products will be purchased:
Oil Company: _________________________________________ (Name only)
(4) I certify by this submission that all supplies and services to be purchased for this contract have been proposed exclusive of Value Added Tax, applicable Customs Tax (except for ROK MND-funded contracts and delivery orders), and Special Excise Tax.
Contractor's Signature
52.203-2, Certificate of Independent Price Determination (APR 1985)
(a) The offeror certifies that-
(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to-
(i) Those prices;
(ii) The intention to submit an offer; or
(iii) The methods or factors used to calculate the prices offered.
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-
(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs
(a)(1) through (a)(3) of this provision; or
(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____________ [insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization];
(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.
(c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.
(End of Provision)
52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
(NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--
Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment orservices, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision--
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(d) Representation. The Offeror represents that--
(1) It [___] will, [___] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [___] does, [___] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of Provision)
52.204-26, Covered Telecommunications Equipment or Services - Representations (OCT 2020)
(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(c) (1) Representation. The Offeror represents that it [___] does, [___] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [___] does, [___] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
(End of Provision)
*** END OF NARRATIVE ***
Addendum to Instructions to Offerors
OFFERORS MUST COMPLY WITH THE FOLLOWING:
1. GENERAL INSTRUCTIONS FOR PREPARATION OF PROPOSAL:
a. The Government intends to award without discussions but reserves the right to conduct discussions if deemed necessary and to establish a competitive range for efficiency in accordance with FAR 52.215-1(f)(4).
b. Offeror(s) may, at the discretion of the Government, be asked to provide more information and clarification regarding their proposals. The Government may make a final determination as to whether an offer is acceptable or unacceptable solely based on the proposals as submitted, without requesting any further information. However, if it is deemed necessary the Government may, at its sole discretion, request additional information clarifying but not substantially changing any proposal as submitted.
c. All questions should be emailed to suchong.kang.ln@army.mil within two (2) business days after the Site Visit is conducted. Questions received after this date and time may not be answered.
Emails sent from Commercial email services of Gmail and Hotmail are acceptable. Other commercial email addresses may be blocked.
2. SITE VISIT:
Offeror(s) are urged and expected to inspect the stie and to satisfy themselves regarding all general and local conditions that may affect the price of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. The site orientation schedule is as follows:
Date & Time: 22 April 2026, Wednesday, 09:00 AM
Location: Bldg No. 7621, Camp Humphrey
3. SUBMISSION OF PROPOSAL:
a. The offeror shall submit its proposal/offer electronically through the Procurement Integrated Enterprise Environment (PIEE) Solicitation Module prior to the due date and time identified on the first page of this solicitation. Failure to submit through the PIEE Solicitation Module will render the submission late, non-responsive and ineligible for award.
b. PRICING PROPOSAL: The pricing proposal must clearly indicate prices for Contract Line Item Number in Section B - Supplies or Services and Prices.
c. DETAILED OFFER BREAKDOWN: The detailed offer breakdown must clearly identify all costs that can materially impact the statement of work.
d. Section K - Representations, Certifications and Other Statements of Offerors
SECTION K-TAXES: Offerors must complete all tax portions of SECTION K. The offeror shall review all expenses to ensure that all applicable taxes are excluded from the overall price. In addition, offerors shall propose exemptions of specific ROK taxes that are legitimate, attributable to the contract, and authorized by the applicable stated references.
SECTION K-OTHER: Offerors must complete all Non-Tax related portions of SECTION K.
e. Offeror's status as a Korean contractor: Offeror must submit "Certified Copy of Register", "Stock Change Certificate" (issued post 1 Apr 2022) and Parent's Certified Copy of Register, if applicable.
See 'ELIGIBILITY FOR AWARD OF ROK MND CONTRACTS'.
f. COMPLIANCE WITH SOLICITATION: Failure to submit the above requirements under Section L may be grounds for determining the proposal to be non-compliant. For example, if a detailed offer breakdown is not submitted, the contracting officer will be unable to find the offeror's pricing proposal acceptable and the offer's proposal will be ineligible for award. Non-compliance will only be cured if the Government holds discussions detailed in Section L.
g. NO-OFFER LETTER: If MATOC contractor is unable to submit the proposal in response to this contractor shall submit a 'No-Offer Letter' by the closing date and time specified in this solicitation.
*** END OF NARRATIVE ***
1. BASIS OF AWARD
Award shall be made to the responsible offeror submitting the lowest priced offer that is evaluated as acceptable for all evaluation criteria.
2. EVALUATION CRITERIA
a. The pricing proposal will be evaluated to determine whether it is complete and reasonable. A complete reasonable pricing proposal will be deemed acceptable.
b. The detailed offer breakdown will be used by the contracting officer to determine whether proposed prices are complete and reasonable. A detailed offer breakdown may be used by the contracting officer to determine whether an offeror is able to complete the requirements under the contract, and/or whether discussions will be conducted pursuant to the instructions to offerors.
3. SECTION K
SECTION K-TAXES will be evaluated to determine whether it is complete. In addition, propose exemptions of specific ROK taxes will be evaluated to determine whether they are legitimate, attributable to the contract, authorized, and reasonable. A complete SECTION-K that only proposes exemptions of specific ROK taxes that are legitimate, attributable to the contract, necessary to complete the Task Order, do not improperly overstate any proposed tax exemption, authorized, and reasonable will be deemed acceptable.
SECTION K-OTHER will be evaluated to determine whether it is complete. A complete SECTION K-OTHER will be deemed acceptable.
Offeror's status will be evaluated to determine whether it is Korean contractor and material, detailed offer breakdown will be evaluated to determine whether it is made in Korea. Korean contractor and material made in Korea will be deemed acceptable.
*** END OF NARRATIVE ***
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