SF1442.pdf

F3J3CE8087A001

"REPAIR COLLAPSING RETAINING WALLS, OSAN AIR BASE"

THIS IS WORK PLAN MATOC RFP FOR THE FOLLOWING CONTRACTORS ONLY:

CONTRACT NO.: W91QVN-18-D-0100, -0102, -0103, -0104, -0112, -0134, -0135, -0136, -0137, -0151, -0152, -0153, -0154, -0155.

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) Proposal Packet: It shall be submitted by 1500 hours on the closing date of RFP through FBO.

a. Pricing proposal

b. Offer Breakdow n

c. Design Data

d. Documents to establish the offeror's eligibility for aw ard under this LCS program

e. Completion of Section K (5152.204-4032)

C. If the Contractor is unable to submit the proposal in response to this RFP, the Contractor shall submit a "No-Offer Letter" by date and time specif ied in this solicitation.

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

26-Jun-2018

(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 ________270 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 ______________27 Jul 2018 (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

W90VN6

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

03:00 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:

W90VN618R0031 30

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

W90VN618R0031

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Repair Collapsing Retaining Walls, FFP

Osan Air Base

FOB: Destination

PURCHASE REQUEST NUMBER: F3J3CE8087A001

PSC CD: Z2PZ

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Lot War Hazard

FFP

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

FOB: Destination

NET AMT

Notice to Offerors Regarding Logistics Cost Sharing (LCS) Program

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 this contract.

In accordance with the International Agreement between the US and ROK, titled “Amendment to the

Implementing Agreement between the United States Forces Korea and the Republic of Korea Ministry of National

Defense Concerning Logistics Cost Sharing” (hereinafter “International Agreement”), signed by the parties on 14

October 2015:

"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(s)’ is defined as an entity, that, including its parent, is a domestic corporation under the Korean 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.”

See Section L, Instructions to Offerors, for submission requirements related to LCS solicitations.

Section C - Descriptions and Specifications

SPECIFICATIONS

FOR

SMYU 17-1013L

REPAIR COLLAPSING RETAINING WALL

AT

OSAN AB, ROK

51ST CIVIL ENGINEER SQUADRON

TABLE OF CONTENTS

SMYU 17-1013L

REPAIR COLLAPSING RETAINING WALL

SECTION NO. TITLE PAGE NO.

Technical Provisions – I STATEMENT OF WORK Page 3

Technical Provisions – II SPECIAL INSTRUCTIONS Page 4 - 7

APPENDIX “A” List of Drawings Page 8

TECHNICAL PROVISIONS - I

STATEMENT OF WORK

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, 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 is K-work (repair) and also includes the following principle features:

2.1. CIVIL WORK:

A. Hill 180

2.1.1. Replace existing stone retaining wall with reinforced concrete (RC) retaining wall.

(Approx. 126 Linear Meter (LM), Height: 5.8 Meter (M) max including foundation depth)

2.1.2. Provide patterned surface on new RC retaining wall.

2.1.3. Provide earth shoring and scaffoldings during RC retaining wall construction to protect the buildings, slopes, and parking lot. (Approx. 126LM)

2.1.4. Provide steel grate covered concrete ditch along the top of entire RC retaining wall.

(Approx. 126 LM)

2.1.5. Replace 2ea existing concrete stairways with new including metal handrails and painting. (Approx. 30 LM @ 2ea)

2.1.6. Provide earth hill cut and secure space for future natural gas governor house by other contract. (Approx. 1,164 Cubic Meter (CM))

2.1.7. Replace/expand existing asphalt pavement with new at parking lot including wheel stopper, concrete curbs, and parking spot markings. (Approx. 260 Square Meter

(SM))

2.1.8. Replace/expand existing concrete deck and sidewalk connecting to new RC retaining wall top with metal handrails and painting. (Approx. 150 SM)

2.1.9. Provide metal roof on top of existing concrete bunker walls. (Approx. 10 SM)

2.1.10. Provide concrete gutter and curbs as indicated in the site plan. (Approx. 155 LM)

2.1.11. Replace existing hill and grass area with asphalt paved road. Pavement shall include base course with asphalt concrete surface. (Approx. 746 SM)

2.1.12. Reroute existing 4” diameter water distribution line as indicated in the site plan.

The water pipe shall be AWWA C900 Polyvinyl Chloride (PVC) pipe and fittings in compliance with Unified Plumbing Code. (Approx. 30LM)

2.1.13. Remove/transplant existing trees on the hill.

2.1.14. Replace existing 1ea double door at bunker entrance.

2.1.15. Repaint existing concrete walls of bunker.

2.1.16. Provide sodding for disturbed area.

B. Horizontal Shop Yard

2.1.17. Replace existing CMU wall with chain link fence (FE-7 type) including 3 feet deep concrete footings. (Approx. 858 LM)

2.1.18. Remove/Dispose existing CMU wall debris to appropriate off-base disposing site.

(Approx. 966 CM)

2.1.19. Replace/provide existing brown canvas cover on chain link fence. (Approx. 2,950

SM)

2.1.20. Replace existing 3ea double swing vehicle gates with new.

C. B769

2.1.21. Replace CMU retaining wall with new reinforced concrete wall. (Approx. 10LM, 2.2M height including footing)

2.1.22. Replace existing concrete sidewalk in front of B769 entrance. (Approx. 1.5M wide, 20LM)

2.1.23. Replace existing downspout in front canopy of B769 and install & connect the downspout to new storm inlet.

TECHNICAL PROVISIONS - II

SPECIAL INSTRUCTIONS

1. GENERAL: This project shall comply with the “Standard Technical

Specifications and Standard Detail Drawings for OMA Projects, Korea” dated 30

November 2015 issued by the Department of the Army, Installation Management

Agency, Korea Region Office. The most current specifications (OMA Specification

2014, Revision-1) and standard drawings are available at the 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. Government provides 30% of concept design for the contract and contractor shall accomplish and submit “Design Data” with the rest of 70% design (MATOC

WORK PLAN). Following conceptual design documents shall be submitted for technical evaluation with the proposal.

2.1.1. Design Data to be submitted

2.1.1.1. Required Drawings

i. Retaining wall profile view

ii. Retaining wall section shall include below items.

Reinforcing bar

Concrete

Footing

Hunch

Backfilling materials with soil classification

Weep holes

Gravel filter with geotextile

Compaction requirement

Frost Depth with non-frost susceptible material

Perforated pipe

Impervious soil material

iii. Details of construction joint, expansion joint, contraction joint

iv. Drainage plan

v. Concrete ditch with steel grating cover

vi. Asphalt pavement drawing including concrete curb and gutter

vii. Earth shoring, EGI fence, and safety measures drawing

viii. Scaffolding diagram

ix. Chain link fence and gate drawings http://www.usfk.mil/Resources/ContractingwithUSFK.aspx

x. Retaining wall, sidewalk, and storm drain connection plan for B769

2.1.1.2.Offer Breakdown

2.1.1.3. Geotechnical Stability Assessment Report (GSAR) developed and sealed by registered professional geotechnical engineer.

2.1.1.4. Drawing submission milestone after contract award

- Pre-design meeting: within 5 days after award

- 30% design drawing package submittal: within 10 days after award

- 60% design drawing package submittal: within 15 days after award

- 90% design drawing package submittal: within 20 days after award

- 100% design drawing package submittal: within 25 days after award

- Final drawing package submittal: within 30 days after award

(Note) Ownership of Construction Drawings: The Government shall take full ownership of the drawings submitted with the proposal and after contract award.

2.1. Contractor shall submit Geotechnical Stability Assessment Report (GSAR) produced by registered geotechnical engineer to check geotechnical stability of contractor’s installation plan. The GSAR must have a seal by registered professional geotechnical engineer.

2.2. Since the site has steep slope and soil movement is undergoing, reliable earth shoring measures are required. Securing any safety measures for the work will be contractor’s responsibility and shall be incorporated in contractor’s cost proposal.

2.3. Provide Electrolytic Galvanized Iron (EGI) fence along the wall & ditch construction site to protect pedestrians.

2.4. 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, trees, grass, and utilities.

2.5. Checking actual dimension, existing conditions, and location of existing structures will be contractor’s responsibility.

2.6. Project sites have very limited area for construction equipment access & operation, backfill material laydown areas. Therefore, contractor shall consider these limited factors on their cost proposal.

2.7. Performance of Period (PoP) for this project is 270 days. This PoP includes base pass, contractor’s mobilization, material procurement, Temporary Airfield Construction

Waiver (TACW), and submittals for government approval.

2.8. Site Orientation will be strongly recommended. The contractor acknowledges that it has taken steps reasonably 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:

3.1 Contractor’s personnel or any representative of the contractor entering installation/base shall abide by all security regulations imposed by Installation

Commander or Base 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.

3.2 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.

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

Section F - Deliveries or Performance

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the

Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 270 calendar days. The time stated for completion shall include final cleanup of the premises.

(End of clause)

Section G - Contract Administration Data

5152.232-4030 – Payments of ROK MND Contracts

PAYMENTS OF ROK MND 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 from the ROK 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 of the invoice.

(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

Section H - Special Contract Requirements

5152.232-4028 – Funding of ROK MND Contracts

FUNDING OF ROK MND CONTRACTS

(a) This is 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 this contract.

(b) Funding advisement: This contract, any modifications (including exercise of option(s)) thereto, and any delivery or task orders thereunder, shall be paid with ROK funds and shall cite “MOA Contract - funded by ROK MND” (in lieu of citing appropriations and accounting data). No U.S. funds, appropriated or other, are or will be obligated under this contract.

(c) Limitation of US liability: The U.S. Government shall incur no liability, and no appropriated or other funds of the United States shall be obligated, for payment for services, supplies, claims, or other costs arising out of or under this contracts, delivery or service orders, exercises of options, or other modifications.

(d) Identification of invoices: Contractor shall state clearly “MOA Contract - funded by ROK MND” on all invoices for performance under contracts, delivery or service orders that are designated as “MOA Contract - funded by ROK

MND.”

(e) Funding carry-over:

(1) The Contractor will make every reasonable effort to obtain completion of all performance under the contract and to obtain, approve, and forward Contractor’s invoices under the contract before the end of the calendar year of the contract. In the event that any work initiated under the contract cannot be completed by the end of the calendar year, the Contractor shall furnish the Contracting Officer and USFK, ATTN: FKJ4-P-G, not later than 30 November, the following information:

(i) A list of work that apparently will not be completed and invoiced by, and apparently will require payments after, the end of the calendar year;

(ii) Estimated price of work that apparently will be carried beyond the calendar year; and

(iii) Date of anticipated completion of the work.

(2) The ROK MND shall seek mutually agreeable procedures for payment for work carried over to the next calendar year.

(f) Availability of ROK Funds for the Next Calendar Year:

(1) This contract is funded with calendar year ROK MND funds, from date of award through 31 December of the year in which the contract is awarded and/or into which the contract is extended. ROK MND funds are not available for performance, under this contract, beyond 31 December of the current contract’s calendar year period. Any obligation and/or legal liability on the part of ROK MND for the next calendar year’s performance, including exercise of any option to extend the services/contract, is contingent upon the Contracting Officer’s explicit notification to the Contractor of availability of that new calendar year’s ROK MND funds, from which contractual payment(s) can be made.

(2) Unavailability of ROK MND funds until a few months into the new calendar year may necessitate a break in performance of the contract until those funds become available. In the event of a break in performance because of unavailability of the new calendar year’s ROK MND funds for obligation under the contract, that break in performance shall not be deemed a breach or default of the contract.

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

CHOICE OF LAW AND DISPUTES, ROK MND 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 (e)(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, and the parties agree that there are no additional appeal rights. The parties waive their rights to pursue any claim, appeal, or action arising from or relating to this contract, before any other civil court, board, authority, or other adjudicative body.

(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 only in accordance with this local clause, 5152.233-4008.

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 may be

Document Title obtained from: Applies Performance to in/at:

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_establishments.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/Portals/105/Documents/Policyletters/12_Combating_Prostitution_and_Traffic king_in_Persons.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.

http://8tharmy.korea.army.mil/g1_ag/programs_policy/uploadedfile/usfk/usfk_reg_190-2_off-limits_areas_and_establishments.pdf http://8tharmy.korea.army.mil/g1_ag/programs_policy/uploadedfile/usfk/usfk_reg_190-2_off-limits_areas_and_establishments.pdf http://www.usfk.mil/Portals/105/Documents/Policyletters/12_Combating_Prostitution_and_Trafficking_in_Persons.pdf http://www.usfk.mil/Portals/105/Documents/Policyletters/12_Combating_Prostitution_and_Trafficking_in_Persons.pdf

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

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

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

(g) Full cooperation.

(1) The Contractor shall, at a minimum—

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

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

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

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

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

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

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

(iii) Restrict the Contractor from—

(A) Conducting an internal investigation; or

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

(h) Compliance plan.

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

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

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

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

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

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

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

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

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

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

(ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees 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— http://www.state.gov/j/tip/ mailto:help@befree.org

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

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

(i) Subcontracts.

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

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

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

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

(h)(5) of this clause.

(End of clause)

Section J - List of Documents, Exhibits and Other Attachments

APPENDIX “A”

LIST OF DRAWINGS

SMYU 17-1013L

1. 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. Drawings are available at the 51 Civil Engineer Squadron, Osan AB.

DWG NO. SHT NO. REF NO. DESCRIPTION

1 OF 4 T-1 COVER SHEET

2 OF 4 C-1 SITE PLAN - 1

3 OF 4 C-2 SITE PLAN - 2

4 OF 4 C-3 SITE PLAN - 3

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.