SPE603-18-R-0523_Korea_Army_GOCO_Consolidated_(Draft).pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

0072879082

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE603-18-R-0523

6. SOLICITATION ISSUE

DATE

2018 APR 25

a. NAME

Orin Smith FPH1446

b. TELEPHONE NUMBER (No Collect calls)

Phone: 571-767-9527

8. OFFER DUE DATE/

LOCAL TIME

2018 JUN 07

9. ISSUED BY CODE SPE603

DLA ENERGY

BULK PETROLEUM SERVICES

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

NAICS: 493190

SIZE STANDARD: $27.5 Million

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

09:00 AM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

SPE603-18-R-0523

Korea Army GOCO Consolidated

ADDITIONAL INSTRUCTIONS FOR ALL PROSPECTIVE OFFERORS

Note: See FAR 52.212-1- INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2017) and Addendum and FAR 52.212-2- EVALUATION – COMMERCIAL ITEMS (OCT 2014) for complete instructions on how to submit a proposal.

A. Attached is Solicitation SPE603-18-R-0523 for ground and aviation fuel services in support of various locations in South Korea to include Camp Casey, Yongsan, Camp Humphreys, K16, Camp Red Cloud, Camp Walker, Camp Carroll, DFSP Pohang, DFSP Yechon, DFSP Gunsan and DFSP Pyongtaek Laboratory in accordance with the attached Performance Work Statement. These services include management, operation, maintenance, product quality surveillance, inventory control and accounting, security, safety, and environmental protection of the Government Owned, Contractor-Operated (GOCO) facilities.

B. The NAICS code is 493190 and the threshold is $27.5 million in annual receipts.

C. A pre-proposal conference is scheduled for May 08-16, 2018. (See provision L-0003 L198 PRE- PROPOSAL CONFERENCE (SERVICES) (DLA ENERGY FEB 2009) for details and directions).

Interested parties planning to attend should submit names, phone numbers, email address and company represented to Mr. Orin Smith via email at orin.smith@dla.mil no later than April 19, 2018 by 12:00 PM Local Time Ft. Belvoir, VA. Questions should also be submitted via email and all responses will be posted in an Amendment to the solicitation in FedBizOpps.

D. FAXED PROPOSALS ARE NOT AUTHORIZED. Please e-mail your proposal to:

bidcustodian@dla.mil. All e-mail proposals MUST include three volumes as outlined below. Late proposals will be processed in accordance with FAR 15.208 – Submission, Modification, Revision, and Withdrawal of Proposals. Offerors’ proposals shall be prepared in three (3) separate volumes and provided in the quantities shown below:

Volume Title No. of Copies Required Page

Limit I Technical Proposal 1 PDF electronic copy (See Note Below) II Offeror Submission

Package (OSP) includes Price Proposal

1 PDF electronic copy of OFFEROR

SUBMISSION PACKAGE

None

III Past Performance

(PPQ)

I PDF electronic copy None

Note: The Offeror must submit one (1) submission of the technical proposal. The first portion of the technical proposal must address the PWS and is limited to no more than 60 pages. The technical proposal must also include no more than 40 additional pages, addressing the base specifics.

For Verification of Receipt: Contact Orin Smith at Orin.Smith@dla.mil (571) 767-9527.

Complete and return the PDF electronic copy of the Offeror Submission Package and the PDF electronic copy of the Technical Proposal submissions as described in 52.212-1 INSTRUCTIONS TO OFFERS – COMMERCIAL ITEMS (JAN 2017) with Addendum. Your prices must be inserted in Clause B-0001 B34.01 SERVICES TO BE FURNISHED (DLA ENERGY FEB 1991) in the Offeror Submission Package.

mailto:bidcustodian@dla.mil

E. Unless you specifically state otherwise, your offer is assumed to accept all terms and conditions of this solicitation. Any exceptions to any part of this solicitation must be specifically identified in a cover letter to your proposal.

F. The Government intends to evaluate proposals and award one contract per location without discussions with offerors. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. This procurement will use Source Selection Procedures using the Lowest Price Technically Acceptable process IAW FAR15.101-2. See FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (Oct 2014) for evaluation factors. The resulting type of contract will be Firm- Fixed-Price.

G. NOTICE REGARDING SUSPENSIONS/DEBARMENT/INELIGIBILITY: Any contract awarded to a

Contractor who, at the time of award was suspended, debarred, and ineligible for receipt of contract with Government Agencies or in receipt of a notice of proposed debarment from any Government Agency, is voidable at the option of the Government.

H. Care should be taken to mail correspondence relating to this solicitation or resulting contract to the appropriate office as indicated in the applicable clauses.

I. Tax Exempt Number: For the Defense Logistics Agency- Energy is: 31-4420477.

J. Pricing of Services:

1. The prices submitted must be inclusive of all direct costs, indirect costs, and profit. Offerors MUST include ALL cost associated with providing the services described herein.

2. The Government SHALL NOT be responsible for compensating the Contractor for any cost tied to solicitation requirements but not factored into the proposed prices, either by the Contractor’s intention or by mistake.

K. A Military Construction (MILCON) Project is currently ongoing to provide a Bulk Storage Fuel Terminal consisting of two (2) 10MB Aboveground Storage Tanks (AST), and 10 Station Railhead (offloading only).

These facilities are being constructed on Camp Humphreys, and are estimated to be completed by FY 2020.

The requirements associated with these facilities are included in CLINs 0002, 0003, 0004 and this Performance Work Statement (PWS).

REMAINDER OF PAGE LEFT BLANK INTENTIONALLY

TABLE OF CONTENTS

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991)

SECTION C - SPECIFICATIONS/STATEMENT OF WORK

SECTION E – INSPECTION AND ACCEPTANCE

52.246-4 INSPECTION OF SERVICES -- FIXED-PRICE (AUG 1996) (IBR)

E-0001 E1.01 CONTRACTOR RESPONSIBILITY FOR GOVERNMENT INSPECTION OF SERVICES

(DLA ENERGY JAN 2012) .................................................................................................................... ATTACH V

E-0002 ENERGY QAP E1.11 QUALITY CONTROL PLAN (DLA ENERGY MAR 2000) ............. ATTACH V

E-0003 ENERGY QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA

ENERGY APR 2016) .............................................................................................................................. ATTACH V

E-0004 ENERGY QAP E28 CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) (DLA

ENERGY DEC 2011) .............................................................................................................................. ATTACH V

E-0005 ENERGY QAP E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

................................................................................................................................................................. ATTACH V

E-0006 ENERGY QAP E36 INSPECTION (STORAGE) (DLA ENERGY FEB 1970) ...................... ATTACH V

SECTION F - DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER (AUG 1989) (IBR)

F-0001 F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014)

F-0002 F200 DELIVERY PERIOD AND PERFORMANCE REQUIREMENTS (DLA ENERGY APR 1997) 15

SECTION G - CONTRACT ADMINISTRATION DATA

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN

2012) (IBR)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)

G-0002 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY JAN 2017) 17

G-0003 G21 DESIGNATION OF PROPERTY ADMINISTRATOR (DLA ENERGY MAY 2009)

G-0004 G22 DESIGNATION OF THE DEFENSE FUEL REGION (DLA ENERGY JUL 1997)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-0001 H11 GUARD SERVICE (DLA ENERGY MAR 1982)

H-0002 H51.03 INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS (DLA

ENERGY JAN 2012)

H-0003 SOFA CONTRACT CLAUSE USFK REGULATION 700-19 (TABLE B1) INVITED CONTRACTOR

OR TECHNICAL REPRESENTATIVE STATUS UNDER U.S. – REPUBLIC OF KOREA (ROK) (AUGUST

2012)

H-0004 CONTINGENCY CONDITIONS CLAUSE USFK REGULATION 700-19 (TABLE B2)

CONTINUANCE OF PERFORMANCE DURING ANY STATE OF EMERGENCY IN THE REPUBLIC OF

KOREA (ROK) (AUGUST 2012)

SECTION I - CONTRACT CLAUSES

52.202-1 DEFINITIONS (NOV 2013) (IBR)

52.203-3 GRATUITIES (APR 1984) (IBR)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

ALTERNATE I (OCT 1995) (IBR)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT

2010) (IBR)

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017) (IBR)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS

OR STATEMENTS (JAN 2017) (IBR)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY

2011) (IBR)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) (IBR)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016) (IBR)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016) (IBR)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN

2016) (IBR)

52.209-6 PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015) (IBR)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (JUL 2013) (IBR)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV

2015) (IBR)

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (JAN 2017)

ADDENDUM 1 TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(JAN 2017)

ADDENDUM 2 TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(JAN 2017)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JAN 2018)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997) (IBR)

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

52.223-10 WASTE REDUCTION PROGRAM (MAY 2011) (IBR)

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT

(FEB 2000) (IBR)

52.228-5 INSURANCE -- WORK ON A GOVERNMENT INSTALLATION (JAN 1997) (IBR)

52.229-6 TAXES -- FOREIGN FIXED-PRICE CONTRACTS (FEB 2013) (IBR)

52.232-17 INTEREST (MAY 2014)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC

2013) (IBR)

52.233-3 PROTEST AFTER AWARD (AUG 1996) (IBR)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) (IBR)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

(IBR)

52.237-3 CONTINUITY OF SERVICES (JAN 1991) (IBR)

52.242-13 BANKRUPTCY (JUL 1995) (IBR)

52.245-1 GOVERNMENT PROPERTY (JAN 2017) ALTERNATE I (APR 2012) (IBR)

52.245-9 USE AND CHARGES (APR 2012) (IBR)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) (IBR)

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP

2011) (IBR)

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-

CONTRACT-RELATED FELONIES (DEC 2008)

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)

(IBR)

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012) (IBR)

252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016) (IBR)

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) (IBR)

252.204-7012 SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION (OCT

2016) (IBR)

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION

SUPPORT (MAY 2016) (IBR)

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991)

(IBR)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE

GOVERNMENT OF A TERRORIST COUNTRY (OCT 2015) (IBR)

252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012) (IBR)

252.222-7002 COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS) (JUN 1997) (IBR)

252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS

MATERIALS (SEP 2014)

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017) (IBR)

252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997) (IBR)

252.225-7043 ANTITERRORISM/FORCE PROTECTION FOR DEFENSE CONTRACTORS OUTSIDE THE

UNITED STATES (JUN 2015) (IBR)

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004) (IBR)

252.229-7001 TAX RELIEF (SEP 2014) (IBR)

252.232-7008 ASSIGNMENT OF CLAIMS (OVERSEAS) (JUN 1997) (IBR)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.233-7001 CHOICE OF LAW (OVERSEAS) (JUN 1997) (IBR)

252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR PERSONNEL

(JUN 2013) (IBR)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) (IBR)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (DOD CONTRACTS) (JUN 2013) (IBR)

252.245-7001 TAGGING, LABELING, AND MARKING OF GOVERNMENT-FURNISHED PROPERTY

(APR 2012) (IBR)

252.245-7002 REPORTING LOSS OF GOVERNMENT PROPERTY (DEC 2017) (IBR)

252.245-7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM ADMINISTRATION (APR 2012)

(IBR)

252.245-7004 REPORTING, REUTILIZATION, AND DISPOSAL (DEC 2017) (IBR)

252.246-7004 SAFETY OF FACILITIES, INFRASTRUCTURE, AND EQUIPMENT FOR MILITARY

OPERATIONS (OCT 2010) (IBR)

52.204-9000 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (JUL 2015) (IBR)

52.233-9001 DISPUTES AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (ADR) (DEC

2016)

I-0001 I1.01-4 DEFINITIONS (CONT’D) (STORAGE) (DLA ENERGY JUNE 2009)

I-0002 I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS

(DLA ENERGY FEB 1996)

I-0003 I116 RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM PRODUCTS (DLA ENERGY

JAN 2012)

I-0004 I116.01 LIABILITY FOR FUEL SPILLS (DLA ENERGY JAN 2012)

I-0005 I119.04 INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD (DLA ENERGY AUG

2017)

I-0006 I121 CUSTODY OF PETROLEUM PRODUCT (DLA ENERGY APR 1968)

I-0007 I122 USE OF FACILITIES (DLA ENERGY APR 2009)

I-0008 I123 TITLE TO FACILITIES (DLA ENERGY JUL 1991)

I-0009 I147 DEMURRAGE (DLA ENERGY NOV 1989)

I-0010 I180.02 ENVIRONMENTAL PROTECTION (STORAGE) (DLA ENERGY JAN 2012)

I-0012 I655 CONTINUANCE OF PERFORMANCE DURING ANY STATE OF EMERGENCY (REPUBLIC

OF KOREA) (DLA ENERGY SEP 2017)

I-0013 I658 WARTIME UTILIZATION OF CONTRACT VEHICLES (CONTINGENCY CONTRACT)

(REPUBLIC OF KOREA) (DLA ENERGY SEP 2017)

SECTION J – LIST OF ATTACHMENTS

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

OR RESPONDENTS

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016) (IBR)

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

52.204-20 PREDECESSOR OF OFFEROR (JUL 2016) (IBR)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (NOV 2017)

ALTERNATE I (OCT 2014)

52.222-56 – CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (MAR

2015) (IBR)

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES

OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS (OCT 2015)

(IBR)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(NOV 2011) (IBR)

252.222-7007 REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS (JAN 2015)

IBR

252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005) (IBR)

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

K-0001 K15 RELEASE OF PRICES (DLA ENERGY MAR 2009)

K-0002 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)

K-0003 K86 FOREIGN TAXES (DLA ENERGY NOV 2014)

K-0004 K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA

ENERGY MAY 2014)

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL ITEMS (JAN 2017)

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERS – COMMERCIAL ITEMS (JAN 2017)

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991) (IBR)

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991) (IBR)

52.216-1 TYPE OF CONTRACT (APR 1984)

52.233-2 SERVICE OF PROTEST (SEP 2006)

52.237-1 SITE VISIT (APR 1984) (IBR)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014) (IBR)

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS (OCT 2016) (IBR)

252.204-7011 ALTERNATIVE LINE ITEM STRUCTURE (SEP 2011) (IBR)

252.215-7008 ONLY ONE OFFER (OCT 2013)

L-0001 L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991)

L-0002 L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010)

L-0003 L198 PREPROPOSAL CONFERENCE (SERVICES) (DLA ENERGY FEB 2009)

SECTION M – EVALUATION FACTOR FOR AWARD

52.212-2 EVALUATION - COMMERCIAL ITEMS (OCT 2014)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

M-0001 M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997) 105

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991)

The services to be furnished during the period specified herein and the unit prices are as follows:

The Contractor shall provide aviation and ground fuel services in support of various location in South Korea to include Camp Casey, Yongsan, Camp Humphreys, K16, Camp Red Cloud, Camp Walker, Camp Carroll, DFSP Pohang, DFSP Yechon, DFSP Gunsan and DFSP Pyongtaek Laboratory. These services include operation and maintenance, security and safety of government aviation and ground fuel facilities. Ground and aviation fuel services encompass the receipt, storage, and dispensing of fuel products to tenant and visiting commands at the above locations

LINE ITEM 0001: OCONUS GOCO Storage Services, V20000038: (FIRM-FIXED PRICE)

The Contractor shall operate and maintain the Government-owned bulk fuel facilities in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein, for the period 1200 hours October 01, 2018 through 1200 hours September 30, 2022.

PLACE(S) OF PERFORMANCE: South Korea (Camp Casey, Yongsan, Camp Humphreys (Service Station, Aviation Hot Point and Bulk Storage), K16, Camp Red Cloud, Camp Walker, Camp Carroll, DFSP Pohang, DFSP Yechon, DFSP Gunsan, and DFSP Pyongtaek Laboratory*)

The offered price per month for performing these services at the location(s) above is $____________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE TOTAL

0001 MUGC 48 Months $_____________ $_____________

*Operations at DFSP Pyongtaek Laboratory will cease if CLIN 0003 is exercised.

LINE ITEM 0002 (Option for Additional Services): OCONUS GOCO Storage Services, V20000038: (FIRM-

FIXED PRICE)

At any time during the base period of this contract, the Government shall be able to exercise this option to require the contractor to perform services at the facilities being constructed at Camp Humphreys (2 x 20 MBBL bulk storage tanks, 2 x 50 MBBLS bulk storage tanks, rail loading/ off-loading facility, truck loading / offloading facility, and a laboratory) by providing written notice to the contractor. The estimated start of performance for this CLIN will be September 1, 2019.* The period of performance for this CLIN will begin not less than 15 days after exercise of this option and run through 1200 hours September 30, 2019.

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE TOTAL

0002 MUGC 1 Month $_____________ $_____________

The Contractor shall perform training and other duties at these bulk fuel facilities in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein. (See PWS, Section C- 1.2.)

PLACE(s) OF PERFORMANCE: South Korea (completed facilities currently being constructed at Camp Humphreys, South Korea (2 x 20 MBBL bulk storage tanks, 2 x 50 MBBLS bulk storage tanks, rail loading/ off-loading facility, truck loading /offloading facility, and a laboratory).

*To be determined (TBD). Note 1: This facility is estimated for completion by October 1, 2019. If the option is exercised performance would begin September 1, 2019 during the final commissioning phase prior to completion.

LINE ITEM 0003 (Option for Additional Services: OCONUS GOCO Storage Services, V20000038: (FIRM-

At any time during the base period of this contract, the Government shall be able to exercise this option to require the contractor to perform services at the facilities being constructed at Camp Humphreys (2 x 20 MBBL bulk storage tanks, 2 x 50 MBBLS bulk storage tanks, rail loading/ off-loading facility, truck loading / offloading facility, and a laboratory) by providing written notice to the contractor. The requirement will not include the requirement to load railcars and unload tanker trucks. The requirement will also include laboratory operations. Laboratory operations at DFSP Pyongtaek Laboratory will cease. The estimated start of performance for this CLIN will be October 1, 2019.* The period of performance for this CLIN will begin not less than 15 days after exercise of this option and run through 1200 hours September 30, 2022.

The Contractor shall operate and maintain these Government-owned bulk fuel facilities in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein.

PLACE(S) OF PERFORMANCE: South Korea (completed facilities currently being constructed at Camp Humphreys (2 x 20 MBBL bulk storage tanks, 2 x 50 MBBLS bulk storage tanks, rail loading/ off-loading facility, truck loading / offloading facility, and a laboratory)

The offered price per month for performing these services at the location(s) above is $

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE TOTAL

0003 MUGC 36 Months $____________ $______________

*To be determined (TBD). Note 1: This facility is estimated for completion by September 30, 2019. If the option is exercised performance would begin October 1, 2019.

LINE ITEM 0004 (Option for Additional Services: OCONUS GOCO Storage Services, V20000038: (FIRM-

At any time during the base period of this contract, the Government shall be able to exercise this option to require the contractor to perform additional services at the rail loading/ off-loading facility, truck loading / offloading facility being constructed at Camp Humphreys by providing written notice to the contractor. Prior to exercise of this option those facilities will undergo additional construction and modification. The additional required services will be the requirement to load railcars and unload tanker trucks as needed. The estimated start of performance for this CLIN will be April 1, 2020.* The period of performance for this CLIN will begin not less than 15 days after exercise of this option and run through 1200 hours September 30, 2022.

The Contractor shall operate and maintain these Government-owned bulk fuel facilities in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein.

PLACE(S) OF PERFORMANCE: South Korea (modification to completed facilities currently being constructed at Camp Humphreys (rail loading/ off-loading facility and truck loading /offloading facility)

The offered price per month for performing these services at the location(s) above is $

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE TOTAL

0004 MUGC 30 Months $____________ $______________

*To be determined (TBD). Note 1: This additional construction and modification of the rail loading/ off-loading facility and truck loading /offloading facility is estimated for completion by March 31, 2020. If the option is exercised performance would begin April 1, 2020.

LINE ITEM 0005 (Option to Extend the Term of the Contract): OCONUS GOCO Storage Services, V20000038: (FIRM-FIXED PRICE)

The Contractor shall operate and maintain the Government-owned bulk fuel facilities in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein, for the period 1200 hours October 01, 2022 through 1200 hours September 30, 2027.

PLACE(S) OF PERFORMANCE: South Korea (Camp Casey, Yongsan, Camp Humphreys (See CLIN 0001), K16, Camp Red Cloud, Camp Walker, Camp Carroll, DFSP Pohang, DFSP Yechon, and DFSP Gunsan and DFSP Pyongtaek Laboratory*)

The offered price per month for performing these services at the location(s) above is $____________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE TOTAL

0005 MUGC 60 Months $_____________ $_____________

*If DFSP Pyongtaek Laboratory is still being operated

LINE ITEM 0006 (Option to Extend the Term of the Contract): OCONUS GOCO Storage Services, V20000038: (FIRM-FIXED PRICE)

The Contractor shall operate and maintain the Government-owned bulk fuel facilities in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein, for the period on or around October 01, 2022 through 1200 hours September 30, 2027.

PLACE(S) OF PERFORMANCE: South Korea (completed facilities currently being constructed at Camp Humphreys (2 x 20 MBBL bulk storage tanks, 2 x 50 MBBLS bulk storage tanks, rail loading/ off-loading facility, truck loading / offloading facility, and a laboratory)

The offered price per month for performing these services at the location(s) above is $

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE TOTAL

0006 MUGC 60 Months $____________ $______________

All General and Administrative (G&A) expenses and profit will be included in the monthly price for respective locations.

SECTION C - SPECIFICATIONS/STATEMENT OF WORK

The Performance Work Statement is hereby incorporated by reference as if fully set forth herein. See Attachment A.

SECTION E – INSPECTION AND ACCEPTANCE

52.246-4 INSPECTION OF SERVICES -- FIXED-PRICE (AUG 1996) (IBR)

THE QUALITY ASSURANCE PROVISIONS (QAP) LISTED IN THIS SECTION ARE HEREBY

INCORPORATED IN FULL TEXT UNDER ATTACHMENT V OF THIS SOLICITATION

E-0001 E1.01 CONTRACTOR RESPONSIBILITY FOR GOVERNMENT INSPECTION OF SERVICES

(DLA ENERGY JAN 2012)

E-0002 ENERGY QAP E1.11 QUALITY CONTROL PLAN (DLA ENERGY MAR 2000)

E-0003 ENERGY QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA

ENERGY APR 2016)

E-0004 ENERGY QAP E28 CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) (DLA

ENERGY DEC 2011)

E-0005 ENERGY QAP E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC

2011)

E-0006 ENERGY QAP E36 INSPECTION (STORAGE) (DLA ENERGY FEB 1970)

SECTION F - DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER (AUG 1989) (IBR)

F-0001 F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014)

THIS PROVISION ONLY APPLIES TO DLA FUNDED LINE ITEMS.

(a) Contractor Registration. Contractors must register in DIBBS to obtain a login account at https://www.dibbs.bsm.dla.mil. The login account will allow a contractor to register a primary and alternate email address for notifications. Contractors are strongly encouraged to establish a group email address for the primary email address for the contractor’s authorized point of contacts. The registered email addresses will be the only email used by the government to make notifications.

(b) All contractors must have an active System for Award Management (SAM) account, http://www.sam.gov in order to register for DIBBS.

(c) The Contractor shall use DIBBS to receive orders. DLA Energy will not be using DIBBS receipt of quotes capability. All quotations, proposals, bids shall be submitted in accordance with the terms and conditions of the solicitation.

https://www.dibbs.bsm.dla.mil/ http://www.sam.gov/

(d) Preparation and Transmission of Orders

(1) The Government may issue an order for a specific delivery or a series of deliveries (e.g., several deliveries during a week). The Government may also elect to issue an order covering a longer period (including monthly orders) and make periodic calls against these orders designating specific delivery dates, times, and quantities.

(2) Only a DLA Energy warranted Contracting Officer can issue an order, either orally or in writing, against a contract. An oral order issued by the warranted Contracting Officer shall provide the required advance notice to the Contractor and the following information: Interim order number; contract number; item number;

ceiling price; quantity; delivery location; and the required delivery and/ or service date.

(i) For all product orders, the Contractor will receive an electronically signed written order via DIBBS, within 24 hours or one business day after the warranted Contracting Officer issues an oral order.

(ii) For all service orders, the Contractor will receive an electronically signed written order via DIBBS, within five business days after issuing the oral order.

(iii) Interim order number is subject to change once the electronically signed written order is received by the contractor. The order number on the written order will take precedence over the interim order number, if different.

(iv) Regardless of the unit price cited on the written order, the office designated to make payments on the written order will pay the applicable unit price in effect under the terms and conditions of the contract.

(v) Once the order has been issued, an email will be sent to the Contractor to provide notice that the order is available on the contract-specific web page. The order will also be submitted to the payment office.

(3) Calls against previously issued orders must be confirmed in writing within 24 hours or one business day via email message. The email confirmation will reference the previously issued order number and item number and designate specific delivery location, dates, and quantity to be delivered against that order.

(4) The Contractor’s nonreceipt of a written or electronic confirmation of an oral order or oral call against a written or electronic order does not relieve the Contractor from its obligation to perform in accordance with the oral order or oral call against a written or electronic order. The Contractor should contact the DLA Energy Contracting Officer if problems are experienced with receipt of the electronic or written confirmation.

F-0002 F200 DELIVERY PERIOD AND PERFORMANCE REQUIREMENTS (DLA ENERGY APR 1997)

The Contractor shall operate, maintain, and protect the Government-owned bulk petroleum terminal at Defense Fuel Support Point South Korea ((Camp Casey, Yongsan, Camp Humphreys (See Note below), K16, Camp Red Cloud, Camp Walker, Camp Carroll, DFSP Pohang, DFSP Yechon, DFSP Gunsan and DFSP Pyongtaek Laboratory) in accordance with all terms and conditions set forth herein for the period of 12:00 noon, October 01, 2018 through 12:00 noon, September 30, 2022. Note: Performance at Camp Humphries is estimated to be in service on or about December 01, 2019. Performance under these CLINs will begin not less than 15 days after exercise and run through 1200 hours, September 30, 2022.

SECTION G - CONTRACT ADMINISTRATION DATA

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(JUN 2012) (IBR)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Invoice 2-in-1 (Services Only) ___________________________________________________________

(Contracting Officer: Insert applicable document type(s).

Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

Not Applicable_________________________________________________________

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm https://www.acquisition.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC SL4701 Issue By DoDAAC SPE603 Admin DoDAAC SPE603 Inspect By DoDAAC SJ0631; Extension OSGOCO Ship To Code Not Applicable Ship From Code Not Applicable Mark For Code Not Applicable Service Approver (DoDAAC) Not Applicable Service Acceptor (DoDAAC) SPE603; OSGOCO Accept at Other DoDAAC Not Applicable LPO DoDAAC Not Applicable DCAA Auditor DoDAAC Not Applicable Other DoDAAC(s) Not Applicable

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

__Not Applicable_________________________________________________

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

DLA Energy Help Desk Email: bsme.helpdesk@dla.mil Phone: (800) 446-4950

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)

Each invoice submitted for payment under this contract shall be identified by an individual invoice number.

The number shall not be duplicated on subsequent invoices. Duplicate invoice numbers or invoices that do not include numbers may be rejected.

G-0002 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY JAN 2017)

Remittances shall be mailed only at the Government’s option or where an exception to payment by Electronic Funds Transfer (EFT) applies. (See the PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD mailto:bsme.helpdesk@dla.mil

MANAGEMENT or the PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN SYSTEM FOR AWARD MANAGEMENT clause.)

Offeror shall indicate below the complete mailing address (including the nine-digit zip code) to which remittances should be mailed if such address is other than that shown in Block 15a (Standard Form (SF) 33) for noncommercial items or Block 17a (SF 1449) for commercial items. In addition, if offeror did not incorporate its nine-digit zip code in the address shown in Block 15a of the SF 33 or in Block 17a of the SF 1449, the offeror shall enter it below:

(a) Payee Name (Contractor): | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

(b) Check Remittance Address:

(DO NOT EXCEED 30 CHARACTERS PER LINE)

(c) Narrative Information (special instructions).

(DO NOT EXCEED 153 CHARACTERS)

G-0003 G21 DESIGNATION OF PROPERTY ADMINISTRATOR (DLA ENERGY MAY 2009)

The Property Administrator for product handled under the terms of the contract will be designated by the Director, Defense Logistics Agency Energy (DLA Energy).

G-0004 G22 DESIGNATION OF THE DEFENSE FUEL REGION (DLA ENERGY JUL 1997)

(a) The Defense Fuel Region to which reference is made herein is the—DLA Energy Pacific

(b) The Defense Fuel Office to which reference is made herein is the—DLA Energy Pacific

(c) The Commander of the Defense Fuel Region or his designee, appointed above, is the authorized representative of the Commander, Defense Logistics Agency Energy (DLA Energy).

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-0001 H11 GUARD SERVICE (DLA ENERGY MAR 1982)

(a) In the event the Government requires guard service and/or other protective services or facilities not otherwise provided by the Contractor pursuant to the terms of this contract, the Government shall have the right--

(1) To provide such service; or

(2) To require the Contractor to provide such guard service; and/or

(3) To require the Contractor to provide such other protective services or facilities.

(b) The actual cost of providing said services or facilities under (2) and/or (3) above will be for the account of the Government and will be recognized by a modification to this contract.

H-0002 H51.03 INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS

(DLA ENERGY JAN 2012)

(a) The General Liability Worker's Compensation and Automobile Liability Insurance to be procured and maintained by the Contractor and any subcontractors pursuant to the provisions of the INSURANCE - WORK ON A GOVERNMENT INSTALLATION provision shall provide at least the following minimum coverage:

GENERAL LIABILITY INSURANCE.

Bodily Injury......................................................................................... AT LEAST $100,000 per person

AT LEAST $1,000,000 per occurrence

Property Damage...............................................................................… AT LEAST $1,000,000 per occurrence

Worker's Compensation..................................................................…... AT LEAST $100,000 except in states with exclusive monopolistic funds which do not permit the writing of workmen's compensation by private carriers (Nevada, North Dakota, Ohio, Oregon, Washington, West Virginia, and Wyoming).

(Longshore and Harbor Workers' Compensation must also be provided when applicable.)

AUTOMOBILE LIABILITY INSURANCE.

Bodily Injury.........................................................................................AT LEAST $200,000 per person

AT LEAST $500,000 per occurrence

Property Damage..............................................................................….AT LEAST $ 20,000 per occurrence

(b) Prior to the commencement of work hereunder, at the request of the Contracting Officer, the Contractor shall submit the required certificates of insurance to the Contracting Officer.

H-0003 SOFA CONTRACT CLAUSE USFK REGULATION 700-19 (TABLE B1) INVITED

CONTRACTOR OR TECHNICAL REPRESENTATIVE STATUS UNDER U.S. – REPUBLIC OF KOREA

(ROK) (AUGUST 2012)

[NOTE- Invited Contractor (IC) and Technical Representative (TR) status shall be governed by the U.S.-ROK Status of Forces Agreement (SOFA) as implemented by United States Forces Korea (USFK) Regulation 700-19, which can be found under the USFK regulations tab on the US Forces Korea resources page http://www.usfk.mil/Resources/ . Definitions of the applicable terms are included in the glossary of USFK Regulation 700-19.]

(a) Definitions. As used in this clause—

“U.S. – ROK Status of Forces Agreement” (SOFA) means the Mutual Defense Treaty between the Republic of Korea and the U.S. of America, Regarding Facilities and Areas and the Status of U.S. Armed Forces in the Republic of Korea, as amended

“Combatant Commander” means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161. In Korea, the Combatant Commander is the Commander, United States Pacific Command.

“United States Forces Korea” (USFK) means the subordinate unified command through which US forces would be sent to the Combined Forces Command fighting components.

“Commander, United States Forces Korea” (COMUSK) means the commander of all U.S. forces present in Korea.

In the Republic of Korea, COMUSK also serves as Commander, Combined Forces Command (CDR CFC) and Commander, United Nations Command (CDR UNC).

“USFK, Assistant Chief of Staff, Acquisition Management” (USFK/FKAQ) means the principal staff office to USFK for all acquisition matters and administrator of the U.S.-ROK SOFA as applied to US and Third Country contractors under the Invited Contractor (IC) and Technical Representative (TR) Program (USFK Reg 700-19).

“Responsible Officer (RO)” means a senior DOD employee (such as a military E5 and above or civilian GS-7 and above), appointed by the USFK Sponsoring Agency (SA), who is directly responsible for determining and administering appropriate logistics support for IC/TRs during contract performance in the ROK.

(b) IC or TR status under the SOFA is subject to the written approval of USFK, Assistant Chief of Staff, Acquisition Management (FKAQ), Unit #15237, APO AP 96205-5237.

(c) The contracting officer will coordinate with HQ USFK/FKAQ, IAW FAR 25.8, and USFK Reg 700-19. FKAQ will determine the appropriate contractor status under the SOFA and notify the contracting officer of that determination.

(d) Subject to the above determination, the contractor, including its employees and lawful dependents, may be accorded such privileges and exemptions under conditions and limitations as specified in the SOFA and USFK Reg 700-19. These privileges and exemptions may be furnished during the performance period of the contract, subject to their availability and continued SOFA status. Logistics support privileges are provided on an as-available basis to properly authorized individuals. Some logistics support may be issued as Government Furnished Property or transferred on a reimbursable basis.

(e) The contractor warrants and shall ensure that collectively, and individually, its officials and employees performing under this contract will not perform any contract, service, or other business activity in the ROK, except under U.S. Government contracts and that performance is IAW the SOFA.

(f) The contractor’s direct employment of any Korean-National labor for performance of this contract shall be governed by ROK labor law and USFK regulation(s) pertaining to the direct employment and personnel administration of Korean National personnel.

http://www.usfk.mil/Resources/

(g) The authorities of the ROK have the right to exercise jurisdiction over invited contractors and technical representatives, including contractor officials, employees and their dependents, for offenses committed in the ROK and punishable by the laws of the ROK. In recognition of the role of such persons in the defense of the ROK, they will be subject to the provisions of Article XXII, SOFA, related Agreed Minutes and Understandings. In those cases in which the authorities of the ROK decide not to exercise jurisdiction, they shall notify the U.S. military authorities as soon as possible. Upon such notification, the military authorities will have the right to exercise jurisdiction as is conferred by the laws of the U.S.

(h) Invited contractors and technical representatives agree to cooperate fully with the USFK Sponsoring Agency (SA) and Responsible Officer (RO) on all matters pertaining to logistics support and theater training requirements.

Contractors will provide the assigned SA prompt and accurate reports of changes in employee status as required by USFK Reg 700-19.

(i) Theater Specific Training. Training Requirements for IC/TR personnel shall be conducted in accordance with USFK Reg 350-2 Theater Specific Required Training for all Arriving Personnel and Units Assigned to, Rotating to, or in Temporary Duty Status to USFK. IC/TR personnel shall comply with requirements of USFK Reg 350-2.

(j) Except for contractor air crews flying Air Mobility Command missions, all U.S. contractors performing work on USAF classified contracts will report to the nearest Security Forces Information Security Section for the geographical area where the contract is to be performed to receive information concerning local security requirements.

(k) Invited Contractor and Technical Representative status may be withdrawn by USFK/FKAQ upon:

(1) Completion or termination of the contract.

(2) Determination that the contractor or its employees are engaged in business activities in the ROK other than those pertaining to U.S. armed forces.

(3) Determination that the contractor or its employees are engaged in practices in contravention to Korean law or USFK regulations.

(l) It is agreed that the withdrawal of invited contractor or technical representative status, or the withdrawal of, or failure to provide any of the privileges associated therewith by the U.S. and USFK, shall not constitute grounds for excusable delay by the contractor in the performance of the contract and will not justify or excuse the contractor defaulting in the performance of this contract. Furthermore, it is agreed that withdrawal of SOFA status for reasons outlined in USFK Reg 700-19, Chapter 2-6 shall not serve as a basis for the contractor filing any claims against the U.S. or USFK. Under no circumstance shall the withdrawal of SOFA Status or privileges be considered or construed as a breach of contract by the U.S. Government.

(m) Support.

(1) Unless the terms and conditions of this contract place the responsibility with another party, the COMUSK will develop a security plan to provide protection, through military means, of Contractor personnel engaged in the theater of operations when sufficient or legitimate civilian authority does not exist.

(2)(i) All Contractor personnel engaged in the theater of operations are authorized resuscitative care, stabilization, hospitalization at level III military treatment facilities, and assistance with patient movement in emergencies where loss of life, limb, or eyesight could occur. Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system.

(ii) When the Government provides medical or emergency dental treatment or transportation of Contractor personnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or transportation.

(iii) Medical or dental care beyond this standard is not authorized unless specified elsewhere in this contract.

(3) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the theater of operations under this contract.

(n) Compliance with laws and regulations. The Contractor shall comply with, and shall ensure that its personnel supporting U.S Armed Forces in the Republic of…