SF1442.pdf

F3J3CE8299A001

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

CONTRACT NO.: W91QVN-18-D-0100, -0102, -0103, -0104, -0105, -0106, -0107, -0109, -0110, -0111, -0112, -0134, -0135, -0136, -0137, -0138, -0139, -0140, -0141, -0142, -0143, -0145, -0146, -0147, -0149, -0150, -0165.

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 (https://w w w .fbo.gov)

a. Pricing Proposal

b. Offer Breakdow n

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

d. Completion of Section K (5152.204-4032, Representations and Certif ications)

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

MR. YI, CHAE YONG 315-757-6018

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

08-Nov-2018

(RFP)

(IFB)

X

CALL:

REPAIR RADON MITIGATION SYSTEM IN BLDG#772, #1073 AND #1438, OSAN AB

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

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

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

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

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

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________ copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________23 Nov 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 W90VN6

(Title, identifying no., date):

12B. CALENDAR DAYS

03:00 PM (hour)

Sealed envelopes containing offers

411TH CSB, KOREA - RCO OSAN

POC: MR. YI, CHAE YONG

0503-357-6018

CHAEYONG.YI5.LN@MAIL.MIL

APO AP 96278-2039

KOREA, SOUTH

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

SMYU 17-1028L

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

FAX:TEL: TEL: 315-757-6018 FAX:

W90VN619R0009 29

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W90VN619R0009

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Repair Radon Mitigation System

FFP

in Bldg#772, #1073 and #1438, Osan AB

FOB: Destination

PURCHASE REQUEST NUMBER: F3J3CE8299A001

PSC CD: Z1FC

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

PSC CD: Z1FC

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

TECHNICAL PROVISIONS - I

STATEMENT OF WORK

PROJECT NO. TITLE LOCATION

SMYU 17-1028L REPAIR RADON MITIGATION SYSTEM, BASE-WIDE Osan AB

1.0 DESCRIPTION: The work to be performed for completion of this project shall be in general as described below, and executed by one or more of the groups.

1.1 Work by Contractor:

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

1.1.2 The contractor shall repair radon mitigation systems for B772, B1073, and B1438 in accordance with attached drawings and specifications.

1.2 Work by In-House Forces: Provision of GFCI (Government Furnished, Contractor Installed) materials.

See scope of work and attached drawings for GFCI items.

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

*CONTRACT TYPE: This is an individual Non-Work Plan Task Order of Indefinite Delivery, Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) issued by 411th CSB, Korea.

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

3.0 SCOPE OF WORK (SOW): All works shall be in accordance with the attached specifications and drawings.

3.1 B772

GFCI Items : 1 (one) radon exhaust fan, 1 (one) fan monitoring manometer, 2 (two) 4”x6” flexible couplings, and 1 (one) disconnecting switch.

3.1.1 CIVIL/ARCHITECTURAL WORKS

3.1.1.1 Excavate ground/earth for installation of under-slab radon exhaust pipe as specified in mechanical portions of this SOW.

3.1.1.2 Make holes on the existing spread wall footings into the existing capillary water barrier for installation of radon mitigation system as shown on attached detail drawings.

3.1.1.3 Restore and patch damaged site caused by this project to match with existing conditions including finish work.

3.1.1.4 Provide scaffolding for exterior pipework where required by mechanical portion of this SOW.

3.1.2 MECHANICAL WORKS

3.1.2.1 Repair radon mitigation system by depressurizing sub-slab static pressure including fan status monitoring manometer with clear-faced UV resistant plastic enclosure in accordance with attached drawings.

3.1.2.2 Sub-slab pipe shall be of schedule #40 perforated PVC pipe with insect screen as shown on attached detail drawings.

3.1.2.3 Exposed pipe shall be of schedule #40 white-color PVC pipe including bird screen and rain cap extended to 500mm above the building roof level.

3.1.2.4 Modify existing Lobby Floor supply air ductwork including volume damper, supply air register, fittings and accessories to provide 15LPS air volume to Comm Room (L130).

3.1.3 ELECTRICAL WORKS

3.1.3.1 Modify existing water-proof receptacle, and extend power to each radon mitigation system including conduit and wire in accordance with attached drawings.

3.1.3.2 Paint exposed conduit to match with existing wall color.

3.2 B1073

GFCI Items : 2 (two) radon exhaust fan, 2 (two) fan monitoring manometer, 4 (four) 4”x6” flexible couplings, and 2 (two) disconnecting switch.

3.2.1 CIVIL/ARCHITECTURAL WORKS

3.2.1.1 Excavate ground/earth for installation of sub-slab radon exhaust pipe as specified in mechanical portions of this SOW.

3.2.1.2 Make holes on the existing spread wall footings into the existing capillary water barrier for installation of radon mitigation system as shown on attached detail drawings.

3.2.1.3 Restore and patch damaged site caused by this project to match with existing conditions including finish work.

3.2.2 MECHANICAL WORKS

3.2.2.1 Repair radon mitigation system by depressurizing sub-slab static pressure including fan status attached drawings.

3.2.2.2 Sub-slab pipe shall be of schedule #40 perforated PVC pipe with insect screen as shown on attached detail drawings.

3.2.2.3 Exposed pipe shall be of schedule #40 white-color PVC pipe including bird screen and rain cap extended to 500mm above the building roof level.

3.2.3 ELECTRICAL WORKS

3.2.3.1 Extend power from existing disconnect switch to each radon mitigation system including conduit and wire in accordance with attached drawings.

3.2.3.2 Use existing conduit with separate circuit & wire from existing panelboard “MP” to existing disconnect switch in accordance with attached drawings.

3.2.3.3 Paint exposed conduit to match with existing wall color.

3.3 B1438

GFCI Items : 1 (one) radon exhaust fan, 1 (one) fan monitoring manometer, 2 (two) 4”x6” flexible couplings, and 1 (one) disconnecting switch.

3.3.1 CIVIL/ARCHITECTURAL WORKS

3.3.1.1 Excavate ground/earth for installation of under-slab radon exhaust pipe as specified in mechanical portions of this SOW.

3.3.1.2 Make holes on the existing spread wall footings into the existing capillary water barrier for installation of radon mitigation system as shown on attached detail drawings.

3.3.1.3 Restore and patch damaged site caused by this project to match with existing conditions including finish work.

3.3.1.4 Provide scaffolding for exterior pipework where required by mechanical portion of this SOW.

3.3.2 MECHANICAL WORKS

3.3.2.1 Repair radon mitigation system by depressurizing sub-slab static pressure including fan status attached drawings.

3.3.2.2 Sub-slab pipe shall be of schedule #40 perforated PVC pipe with insect screen as shown on attached detail drawings.

3.3.2.3 Exposed pipe shall be of schedule #40 white-color PVC pipe including bird screen and rain cap extended to 500mm above the building roof level.

3.3.3 ELECTRICAL WORKS

3.3.3.1 Modify existing water-proof receptacles, and extend power to each radon mitigation system including conduit and wire in accordance with attached drawings.

3.3.3.2 Paint exposed conduit to match with existing wall color.

4.0 CONTRACT PERFORMANCE PERIOD: 120 calendar days after NTP (Notice to Proceed) issue.

TECHNICAL PROVISIONS - II

TECHNICAL DETAIL SPECIFICATIONS

1. GENERAL: This project shall comply with the “Standard Technical Specifications for O&MA Projects, Korea (2014 OMA SPECS & SPEC REVISION 1)” the latest version issued by the Department of the Army, Installation Management Command and it can be downloaded from the website http://www.usfk.mil/Resources/ContractingwithUSFK.aspx.

TECHNICAL PROVISIONS - III

SPECIAL CONDITIONS

1.0 CONTRACT PERFORMANCE PERIOD: 120 calendar days after NTP (Notice to Proceed) issue.

2.0 CONSTRUCTION SITE ACCESS: Construction sites are located in non-restricted area however, since the facilities are housing, lodging, and dormitory, contractor should coordinate with the COR for access.

3.0 SPECIAL INSTRUCTIONS

3.1 Performance of Period (PoP) includes base pass processing, contractor’s mobilization, material procurement lead time, submittals for government approval, and military exercise.

3.2 Smoking Policy: Smoking is only permitted in designated smoking areas IAW 51 FWI 36-2901, Commander’s Policies.

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

3.4 Taking part of the site Orientation is 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.

3.5 Contractor shall submit construction shop drawings where required by the COR, and shall submit as-built drawings within 14 days after completion.

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

4.0 SECURITY REQUIREMENTS:

4.1 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.

4.2 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.

4.3 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.

5.0 REMARKS: Taking part in the site orientation is strongly recommended to survey actual location condition and getting accurate dimensions to prepare cost proposal. Also any modification requests by contractor due to different site conditions during construction period are never allowed.

-- End of Section --

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 120 calendar days from NTP. The time stated for completion shall include final cleanup of the premises.

(End of clause)

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.

5152.232-4030 – 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

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_Trafficking_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.

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.

Section J - List of Documents, Exhibits and Other Attachments

LIST OF APPLICABLE CONTRACT DRAWINGS

1. GENERAL: The work shall conform to the drawings, all of which form a part of the specifications. The drawings are from the “Standard Detail Drawings for OMA Projects, Korea (OMA STD DETAIL DWG, 2014)” issued by the Department of the Army, Installation Management Agency, Korea Region Office which can be downloaded from the website http://www.usfk.mil/Resources/ContractingwithUSFK.aspx.

and the Contract Design Drawings (100%) prepared by 51CES attached on this solicitation as listed below.

TITLE

SHEET

NO.

DATE OF

DRAWING

ARCHITECTURAL

B772 ARCH FLOOR PLAN-EXISTING A-01 27 AUG 18

ELECTRICAL

B772 ELEC PLAN E-01 28 AUG 18

B1073 ELEC PLAN E-02 28 AUG 18

B1438 ELEC PLAN E-03 28 AUG 18

MECHANICAL

B772 LOBBY FLOOR HVAC PLAN M-01 27 AUG 18

B772 ELEVATION M-02 27 AUG 18

B1073 FLOOR PLAN M-03 27 AUG 18

B1438 FLOOR PLAN M-04 27 AUG 18

MISC. DETAILS M-05 27 AUG 18

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.