W90VN6-16-R-0010.pdf

F3J3CE6083A002

"INSTALL FALL PROTECTION GUARD RAIL ALONG OPEN DITCHES, BASE WIDE AT OSAN AB"

THIS IS NON-WORK PLAN TASK ORDER RFP FOR THE FOLLOWING MATOC CONTRACTORS ONLY:

W91QVN-14-D-0031, -0032, -0033, -0034, -0035, -0036, -0037, -0038, -0039, -0040, -0041, -0042, -0043, -0044, -0045, -0046, -0047, -0048, -0049, -0050.

OFFERORS MUST COMPLY WITH THE FOLLOWING:

A. Site Visit: Offerors w ho intend to propose on this solicitation are strongly encouraged to attend the site visit. See site visit clause in Section

L for the schedule.

B. Submission of Proposals

(1) Pricing proposal shall be submitted by 1300 hours on the closing date of RFP through FBO.

(2) Section K: Offerors must complete all portions of Section K and submit it through FBO by 1300 hours on the closing date of RFP.

MR. YI, CHAE YONG 031-661-8977

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

16-May-2016

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________120 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

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

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

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________ copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________31 May 2016 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

411TH CONTRACTING SUPPORT BRIGADE, KOREA

RCO OSAN, UNIT #2039

APO AP 96278-2039

UNITED STATES OF AMERICA (THE)

W90VN6

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W90VN6-16-R-0010 23

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W90VN6-16-R-0010

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Install Guard Rail

FFP

Repair Fall Protection Guardrails Along Open Ditches, Osan Air Base IAW attched Statement of Work and Drawings.

FOB: Destination

PURCHASE REQUEST NUMBER: F3J3CE6083A002

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

War Hazard

FFP

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

FOB: Destination

NET AMT

Availability of Funds

“Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available.”

Section C - Descriptions and Specifications

SPECIFICATIONS

FOR

SMYU17-1031

REPAIR FALL PROTECTION GUARD RAIL ALONG OPEN DITCHES, BASE WIDE

AT

OSAN AB, ROK

51ST CIVIL ENGINEER SQUADRON

TABLE OF CONTENTS

FOR

SMYU17-1031

REPAIR FALL PROTECTION GUARD RAIL ALONG OPEN DITCHES, BASE WIDE

SECTION NO. TITLE PAGE NO.

Technical Provisions – I STATEMENT OF WORKS Page 3

Technical Provisions – II SPECIAL INSTRUCTIONS Page 4-5

Technical Provisions – III CONTRACT SUBMITTAL Page 6

APPENDIX “A” LIST OF DRAWINGS Page 7

TECHNICAL PROVISIONS – I

STATEMENT OF WORK

SMYU17-1031

REPAIR FALL PROTECTION GUARD RAIL ALONG OPEN DITCHES, BASE WIDE

OSAN AB ROK

1. DESCRIPTION: The work to be performed for completion of this project shall be as described in general below.

1.1 The contractor shall provide all labor, supervision, tools, equipment, supplies, and any other resources necessary to accomplish the scope of work contained herein and as included in the drawings and specifications.

1.2 All work shall be completed IAW drawings and specifications.

2. PRINCIPLE FEATURES: This project includes the following principle features:

2. 1. CIVIL WORK:

2.1.1. Install guard rails around building 1303 to 838 (Approx. 380 Linear Meter (LM)) as shown on the drawings.

2.1.2. Install guard rails around building 850 to 637 (Approx. 868 LM) as shown on the drawings.

2.1.3. Install guard rails around building 2406 to 2425 (Approx. 430 LM) as shown on the drawings.

2.1.4. Install guard rails around building 1351, 1377, 1380, 1360 and 1706 to 1781 (Approx. 1,704 LM) as shown on the drawings.

2.1.5. Install guard rails around building 332 (Approx. 272 LM) as shown on the drawings.

2.1.6. Install guard rails around building 2484 (Approx. 170 LM) as shown on the drawings.

2.1.7. Paint 3 coats (1 coat primer, 2 coats base standard paint) steel guard rails and posts as shown on the drawings.

TECHNICAL PROVISIONS - II

SPECIAL INSTRUCTIONS

SMYU 17-1031

1. GENERAL: This project shall comply with the “Standard Technical Specifications for O&MA Projects, Korea – Revision 1” dated 30 October 2015 issued by the

Department of the Army, Installation Management Command and “Standard Detail

Drawings for O&MA Projects, Korea” dated 30 November 2015 issued by the

Department of the Army, Installation Management Command. They are available at the CENM, Engineering Flight, 51st Civil Engineer Squadron, Osan AB, Unit 2129, APO AP 96278-2129 and also are located on the Web Page http://www.usfk.mil/Resources/ContractingwithUSFK.aspx

2. SPECIAL REQUIREMENTS:

2.1. The contractor shall verify all dimensions as shown on the drawings prior to the start of construction. Any discrepancies shall be brought immediately to the attention of the contracting officer.

2.2. The contractor shall provide, install, and maintain all necessary signs, lights, flares, barricades, markers, cones and other protective facilities and shall take all necessary precautions for the protection and safety of the public and/or military traffic and operations.

2.3. The contractor shall restore all improvements, damaged or removed as a result of construction to its original or better condition, unless otherwise noted. These items include, but are not limited to pavements, concrete sidewalks and curbs, and utilities.

2.4. The contractor shall coordinate all phases of work with the contracting officer.

2.5. The contractor shall restore survey monuments impacted by the demolition or construction.

2.6. The contractor shall be responsible for verifying the location, size and inverts of all existing utilities and shall protect all such utilities at all times, unless otherwise indicated. Existing utilities whether shown on the drawings or not which have been damaged as a result of the construction work, shall be restored immediately to their original or better condition and shall be paid for by the contractor.

2.7. Whenever connections to existing utilities or where new utilities cross existing utilities are shown, the contractor shall carefully expose the utility by hand excavation to verify their locations and depths prior to excavating trenches for the new utility lines.

2.8. Whenever any change in alignment or grade for the proposed utilities are required due to unforeseen conflict with other utilities, the contractor shall inform the contracting officer immediately for remedial action.

2.9. Performance of Period (PoP) for this project is 120 days after the Notice to Proceed

(NTP). This PoP includes base pass, contractor’s mobilization, material procurement lead time, and submittals for government approval.

2.10. The contractor acknowledges that it has taken steps necessary to ascertain the nature and location of the works, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost IAW FAR 52.236-3.

3. SECURITY REQUIRMENTS:

a. Contractor’s personnel or any representative of the contractor entering installation/base shall abide by all security regulations imposed by Installation Commander or Base http://www.usfk.mil/Resources/ContractingwithUSFK.aspx

Commander at all times and shall be subject to security checks. Contractor’s personnel and property shall be subject to search and seizure upon entering the confines of the installation/base, while on, and upon leaving confines of the installation/base.

b. Escort Privileges: The contractor shall be responsible for adhering to the escorting privileges on base passes for the Program Manager, Contract Manager (CM), CQC

System Manager, SSHO with a limitation of three (3) persons and one (1) vehicle access per base pass. It is the contractor’s responsibility to ensure that the escorting official has full control over all escorted individuals at all times. Any individual found on the installations unescorted will be removed from the installation or base and the escort officials escorting privileges will be immediately withdrawn. Any individual removed from these installations/bases will not be authorized further access to these installations/bases and may further be subject to other Government actions.

c. Return Post/Base Passes: On the contract completion date, the contractor shall turnin all passes to the sponsor that were issued for the contract and final payment will not be made until such items are returned.

TECHNICAL PROVISIONS – III

CONTRACT SUBMITTAL

FOR

PROJECT NO. SMYU17-1031

1.MATERIAL APPROVAL SUBMITTALS: Contractor shall have an approved AF Form

3000 for all material that is to be used on this contract. Contractor shall submit 4 copies of AF Form 3000 to the COR for approvals at least 15 days prior to ordering or using material for this project. Materials listed below require additional submittals as specified

(i.e. sample, certificates of compliance, test data, catalog cuts, brochures, etc.)

ITEM NO. DESCRIPTION TYPE SUBMITTAL

1 Steel guard rail w/assembly Catalog cuts

2 Steel pipe Catalog cuts

3 Paint Test Data

APPENDIX "A"

LIST OF DRAWINGS

FOR

PROJECT NO. SMYU 17-1031

REPAIR FALL PROTECTION GUARD RAIL ALONG OPEN DITCHES, BASE WIDE

GENERAL: The work shall conform to the following contract drawings, all of which form a part of the specifications. Additional sets will be furnished to the contractor upon request by the contracting officer/COR in accordance with the General Provisions of the contract. Drawings are available at the 51st Civil Engineer Squadron, Osan Air Base.

SHT NO REF NO. DESCRIPTION

1 OF 7 T-1 COVER SHEET

2 OF 7 C-1

SITE PLAN

3 OF 7 C-2 SITE PLAN

4 OF 7 C-3

SITE PLAN

5 OF 7 C-4

SITE PLAN

6 OF 7 C-5 GUARD RAIL DETAILS

7 OF 7 C-6

GUARD RAIL DETAILS

Section H - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

5152.236-4011 CONSTRUCTION PRICE RANGE

Pursuant to FAR 36.204 the estimated price range is between $500,000 and $1,000,000.

Section I - Contract Clauses

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015) ALTERNATE I (MAR 2015)

(a) Definitions. As used in this clause—

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

“Coercion” means—

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

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

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

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

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

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

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

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

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

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

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

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

“Forced labor” means knowingly providing or obtaining the labor or services of a person—

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

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

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

“Involuntary servitude” includes a condition of servitude induced by means of—

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

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

“Severe forms of trafficking in persons” means—

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) Charge employees recruitment fees;

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

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

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

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

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

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

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

This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.

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

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

(c) Contractor requirements. The Contractor shall—

(1) Notify its employees of—

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

(B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below:

Document Title: USFK Regulation 190-2

Document may be obtained from:

http://8tharmy.korea.army.mil/g1_AG/Programs_Policy/UploadedFile/USFK/USFK_Reg_190-2_Off-

Limits_Areas_and_Establishmentse.pdf Applies Performance to in/at: Republic of Korea

Document Title: USFK Command Policy Letter #12

Document may be obtained from: http://www.usfk.mil/usfk/Uploads/140/USFK%20CPL12.pdf

Applies Performance to in/at: Republic of Korea

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

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

(d) Notification. (1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of—

(i) Any credible information it receives from any source (including host country law enforcement) that alleges a

Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203-

13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and

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

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

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

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

(2) Requiring the Contractor to terminate a subcontract;

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

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

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

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

(7) Suspension or debarment.

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

http://www.usfk.mil/usfk/Uploads/140/USFK%20CPL12.pdf

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

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

(g) Full cooperation.

(1) The Contractor shall, at a minimum—

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

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

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

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

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

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

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

(iii) Restrict the Contractor from—

(A) Conducting an internal investigation; or

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

(h) Compliance plan.

(1) This paragraph (h) applies to any portion of the contract that—

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

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

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

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

(ii) To the nature and scope of the activities to be performed for the Government, including the number of non-

United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons.

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

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

Persons at http://www.state.gov/j/tip/.

(ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees the hotline phone number of the Global

Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org.

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

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

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

(4) Posting.

(i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the

Contractor's Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the

Contractor shall provide the relevant contents of the compliance plan to each worker in writing.

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

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

Officer that—

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

(ii) After having conducted due diligence, either—

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

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

http://www.state.gov/j/tip/ mailto:help@befree.org

(i) Subcontracts.

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

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

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

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

(h)(5) of this clause.

(End of clause)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting

Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

Section K - Representations, Certifications and Other Statements of Offerors

5152.204-4032 REPRESENTATIONS AND CERTIFICATIONS

(a) SUBCONTRACTING:

If the offeror contemplates subcontracting, it must obtain prior written approval of subcontractor from the PCO or

ACO, and list below: (1) the names and addresses of the subcontractor(s), (2) the type of subcontracting, and (3) the estimated price for each subcontract.

(b) AFFILIATED OFFERORS:

(1) Business concerns are affiliates of each other when, either directly or indirectly, one concern controls or has the power to control the other, or a third party controls or has the power to control both.

(2) Each offeror shall furnish, below, the following information:

(i) Whether the offeror has any affiliates;

(ii) The names and addresses of all affiliates of the offeror; and

(iii) The names and addresses of all persons and concerns exercising control or ownership of the offeror and any or all of its affiliates, and whether they are common officers, directors, stockholders holding controlling interest, or otherwise.

AFFILIATED CONCERNS. : (Name, location and, in detail, controlling interest in each)

(c) PRINCIPAL OWNER(S) OR STOCKHOLDER(S):

Each offeror shall list below the name(s) and address(es) of the principal owner(s) or stockholder(s) of the company and percentage of ownership. If a major portion is publicly traded and/or otherwise widely distributed, state that, with the percentage so affected.

(d) STANDARDS OF CONDUCT CERTIFICATION:

This is to certify that, to the best of my knowledge and belief, except as described below, no representative of this firm who deals with US Government employees on any aspect of this procurement is a former US Government employee, to include former US military personnel. I understand that this certification is continuing in nature and places a duty on me and my firm to notify the Contracting Officer of any additional individual(s) who fit the above description prior to the individual's assuming duties.

(i) Name ______________________________________________

Former rank/grade ____________________________________

Last US Government position ___________________________

(ii) Name ______________________________________________

(iii) Name ______________________________________________

Firm ____________________________________________________

Name _____________________________________________________

Signature __________________________________________________

Title _____________________________________________________

Date of Execution ____________________________________________

(e) TAXES:

(1) References:

(i) Contract clause entitled "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. 10% _____

Input VAT on transportation leased/rented for this contract.10% _____

Input VAT on equipment leased/rented for this contract. 10% _____

Input VAT on services purchased for this contract. 10% _____

Output VAT on total contract amount. 10% _____

(iv) Special Excise (Petroleum) Tax:

No. of U/P

Liters w/o Tax Tax/Unit Total Tax Amount

Regular Gasoline ________ (L) ________ w________ w_____________

Premium Gasoline ________ (L) ________ w________ w_____________

Diesel ________ (L) ________ w________ w_____________

Other ________ (L) ________ w________ w_____________

(v) Education Tax.

(3) Name of the oil company 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 ROK MND-funded contracts and delivery orders), Special Excise Tax, and Education Tax.

Signed (Chop)

(f) CERTIFICATIONS AND REPRESENTATIONS

By submitting an offer, each offeror agrees to be bound by all certifications and representations in this solicitation.

The Government reserves the right to require any and all certifications and representations to be completed and signed in hard copy by the successful offeror prior to contract award. Failure of an offeror to complete the certifications and representations within the time directed by the Contracting Officer may result in a determination that the contractor is not a responsible offeror for this acquisition.

Section L - Instructions, Conditions and Notices to Bidders

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for--

0930 Hrs, 23 May 2016

(c) Participants will meet at--

Doolittle Gate, Osan AFB

(End of provision)

INSTRUCTIONS TO OFFERORS

OFFERORS MUST COMPLY WITH THE FOLLOWING:

A. Site Visit: Offerors who intend to propose on this solicitation are strongly encouraged to attend site visit. See site visit Clause FAR 52.236-27 Alt I. Offerors are required to have a valid Korean Identification card when attending the site visit orientation.

B. SUBMISSION OF PROPOSAL:

1. The PRICING PROPOSAL shall be submitted by 13:00 hours on the closing date of RFP through FBO (https://www.fbo.gov).

2. Section K : Offerors must complete all portions of Section K and submit it through FBO (https://www.fbo.gov) by 13:00 hours on the closing date of RFP.

https://www.fbo.gov/ https://www.fbo.gov/

Section M - Evaluation Factors for Award

BASIS OF AWARD

Award shall be made to the responsible offeror(s) submitting the lowest priced, technically acceptable offer that satisfies all terms and conditions of this solicitation.

No technical evaluation will be contemplated of offers for solicitation of MATOC Non-Work Plan Task Order except to ensure that each offer includes all necessary parts of the proposal, including Section K (Certification and

Representations).