A21_W90VN6-19-R-0015.pdf

SEE ADDENDUM

(No Collect Calls)

W90VN619R0015 01-Feb-2019

b. TELEPHONE NUMBER

0503-357-6013

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 22 Feb 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W90VN69. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

F3J3CE8285AW02

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

411TH CONTRACTING SUPPORT BRIGADE, KOREA

RCO OSAN, UNIT #2039

APO AP 96278-2039

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE F3J3CE 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

51 CES/CEOES

MR. NO, HYONG H

51 CES

OSAN AIR BASE

APO AP 96278-2163

UNITED STATES

TEL: 784-6644 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$20,500,000

NAICS:

811219

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF40

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W90VN619R0015

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Firm Fixed Price CLIN

FFP

The Contractor shall provide all management, tools, equipment, and labor necessary to ensure that calibration services for its LMP 2000/3000 trace gas monitors MFR PART NR: Null

NET AMT

0001AA 4 Each Calibration Service

FFP

Calibration Service as listed in Appendix A FOB: Destination

PURCHASE REQUEST NUMBER: F3J3CE8285AW02

PSC CD: H266

0001AB 4 Each Shipping Cost

FFP

Shipping Cost as listed in Appendix A FOB: Destination

PURCHASE REQUEST NUMBER: F3J3CE8285AW02

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

Requirement CLIN

FFP

Repair/Replacement Service. CLIN hours and Unit Price for each sub CLIN are estimated and may change depending on the needs of the Government. The Government will issue the Firm Fixed Price Task Orders as required services based on the negotiated number of work hours IAW PWS Paragraph 5.1.

ESTIMATED

UNIT UNIT PRICE ESTIMATED AMOUNT

0002AA 40 Hours Hourly Labor rate

FFP

Requirement Portion, Hourly Labor rate for Service and Repair FOB: Destination

PURCHASE REQUEST NUMBER: F3J3CE8285AW02

UNIT UNIT PRICE ESTIMATED AMOUNT

0002AB 6 Each Repair and replacement

FFP

Requirement Portion, Repair, Replacement or Adjustment of Parts FOB: Destination

PURCHASE REQUEST NUMBER: F3J3CE8285AW02

0003 1 Job Contractor Manpower Report (CMR)

FFP

IAW PWS, PART 7, Contractor Manpower Report (CMR) must be reported by 31October of each calendar year during the life of the contract.

FOB: Destination

0004 1 Job Estimated Cost for War Hazard Losses is

FFP

Zero (0).

FOB: Destination

OPTION Firm Fixed Price CLIN

FFP

The Contractor shall provide all management, tools, equipment, and labor necessary to ensure that calibration services for its LMP 2000/3000 trace gas monitors

1001AA 4 Each OPTION Calibration Service

FFP

Calibration Service as listed in Appendix A FOB: Destination

1001AB 4 Each OPTION Shipping Cost

FFP

Shipping Cost as listed in Appendix A FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION Requirement CLIN

FFP

Repair/Replacement Service. CLIN hours and Unit Price for each sub CLIN are estimated and may change depending on the needs of the Government. The Government will issue the Firm Fixed Price Task Orders as required services based on the negotiated number of work hours IAW PWS Paragraph 5.1.

UNIT UNIT PRICE ESTIMATED AMOUNT

1002AA 40 Hours OPTION Hourly Labor rate

FFP

Requirement Portion, Hourly Labor rate for Service and Repair FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

1002AB 6 Each OPTION Repair and replacement

FFP

Requirement Portion, Repair, Replacement or Adjustment of Parts FOB: Destination

1003 1 Job OPTION Contractor Manpower Report (CMR)

FFP

IAW PWS, PART 7, Contractor Manpower Report (CMR) must be reported by 31October of each calendar year during the life of the contract.

FOB: Destination

1004 1 Job OPTION Estimated Cost for War Hazard Losses is

FFP

Zero (0).

FOB: Destination

PWS

PERFORMANCE WORK STATEMENT (PWS) FOR CALIBRATION SERVICES

1. General. The Contractor shall provide all management, tools, equipment, and labor necessary to ensure that calibration services for its LMP 2000/3000 trace gas monitors

1.1. Background. The LMP 2000/3000 is a Tracer Gas Monitor manufactured by Lagus Applied Technology, Inc.

The Tracer Gas Monitor is an instrument for sampling and measuring tracer gas used to challenge High Efficiency Gas Adsorber (HEGA) filter stage and M98 filter banks. This is accomplished by utilizing a measurement-specific electron capture gas chromatograph optimized for the detection of a selected tracer gas such as Vertrel. A challenge of Vertrel is injected into the airstream upstream of the filter adsorber bank through fhe qualified injection port of manifold. The Tracer Gas Monitors are used to measure upstream and downstream concentrations of the filter bank.

The filter adsorber bank leak rate is determined from the ratio of downstream to upstream concentrations. ECBC uses the LAMP 2000/3000 currently at Aberdeen Proving Ground and at site to test the leakage of our HEGA and M98 filters in our filter systems worldwide. Any leakage would allow contamination to pass through the filter system and into the atmosphere, which could cause a catastrophic event.

1.2. Scope of Work. The objective of this contract is to provide 51st CES/CPS Maintenance shop with calibration service on tracer gas monitors to keep the Center in compliance with the Nuclear Regulatory Commission (NRC), Standard N510-2007 Testing of Nuclear Air Treatment Systems and ECBC standards. These standards are to keep the chemical filter systems running without leakage to the environment which may cause a threat to life and environment.

1.3. Period of Performance:

Base Year 1 Apr 2019 – 31 Mar 2020 1st Option Year 1 Apr 2020 – 31 Mar 2021

1.4. Special Expertise

1.4.1. Business Registration. The Contractor shall have a valid and current business registration in LMP 2000/3000 calibration service or related service. The Contractor shall have at least two (2) years experience within the last five

(5) years in LMP 2000/3000 calibration service or related service. At no time will the Prime Contractor be allowed to subcontract with another contractor or any work projects

1.5. Antiterrorism (AT) and Operations Security (OPSEC)

1.5.1. AT Level I Training: This provision/contract text is for contractor employees with an area of performance within an Army controlled installation, facility, or area. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level I awareness training within 50 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR or to the KO, if a COR is not assigned within 20 calendar days after completion of training by all employees and subcontractor personnel.

1.5.2. Access and General Protection/Security Policy and Procedures: This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility, or area. The contractor and all associated sub-contractors’ employees shall comply with applicable installation, facility, and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshall Office, Director of Emergency Services, or Security Office. The contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.5.3. AT Awareness Training for Contractor Personnel Traveling Overseas: This standard language text required US based contractor employees and associated sub-contractor employees to make available and to receive government provided area of responsibility (AOR) specific AT awareness training as directed by AR 525-13.

Specific AOR training content is directed by the combatant commander with the unit Anti-Terrorism Officer (ATO) being the local point of contact.

1.5.4. iWATCH Training: This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 50 calendar days of contract award and within 50 calendar days of new employees commencing performance with the results reported to the COR NLT 60 calendar days after contract award.

1.5.5. For Contracts that Require an OPSEC Standing Operating Procedure (SOP)/Plan: The contractor shall develop an OPSEC SOP/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible

Government OPSEC officer, per AR 530-1, Operations Security. This SOP/Plan will include the government's critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it.

In addition, the contractor shall identify an individual who will be an OPSEC Coordinator. The contractor shall ensure this individual becomes OPSEC Level II certified per AR 530-1.

1.5.6. For Contractors Requiring Performance or Delivery in a Foreign Country, DFARS Clause 252.225-7043, Antiterrorism/Force Protection for Defense Contractors outside the US: The clause shall be used in solicitations and contracts that require performance or delivery in a foreign country. This clause applies to both contingencies and non-contingency support. The key AT requirement is for non-local national contractor personnel to comply with theater clearance requirements and allows the combatant commander to exercise oversight to ensure the contractor’s compliance with combatant commander and subordinate task force commander policies and directives

1.6. Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract:

perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. An COR appointment letter issued by the KO, a copy of which is sent to the Contractor, reflects the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the contract or any resulting order.

2. DEFINITIONS AND ACRONYMS:

2.1. Definitions.

2.1.1. CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements. Records of inspections shall be kept and made available to the Government throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract. The contractor shall provide written Quality Control Guide (QCG) that should support the major functional areas of performance.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have probity of contract with the subcontractor.

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.13. WORK WEEK. Is defined as Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial Off the Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Plan TE Technical Exhibit

3. GOVERNMENT FURNISHED PROPERTY AND SERVICES

3.1. Government Furnished Supplies and Equipment. None.

4. CONTRACTOR PROVIDED EQUIPMENT AND SUPPLIES

4.1. Contractor-Furnished Equipment/Vehicles. The contractor shall provide and maintain all equipment and vehicles necessary to perform the requirements of this contract.

5. SPECIFIC TASKES

5.1. Calibration Services: The Contractor shall provide calibration services, as outlined in the table below, for 51st CES/CPS Maintenance shop. The Contractor shall perform a diagnostic to determine any required maintenance.

Calibration shall include minor repairs, minor parts, leak checks, electrical and function testing, Vertrel calibration of the instruments, and final confirmation of proper operating condition. Each calibration shall be under warranty for at least 6 months. Unit will be shipping to the Contractor, and The Contractor shall return for units within 60 calendar days of receipt. The contractor shall prepare and submit calibration reports as the LMP units are serviced

6. Performance Requirements Summary (PRS): The contract service requirements are summarized in performance objectives that relate directly to mission essential items. The performance threshold describes the minimally acceptable levels of service required for each requirement. The PRS provide information on contract requirements, the expected level of contractor performance and the expected method of government validation and confirmation of services provided. These thresholds are critical to mission success. Procedures as set forth in the FAR 52.246-4 Inspection of Services - Fixed-Price, will be used to remedy all deficiencies. During the first initial 30 days of the contract, two additional errors on each task will be authorized in an effort to identify normal phase-in problems, except for any periodic cleaning service.

Performance Objective Standards PWS Para

Performance Threshold

Remedy Method of Assessment

PRS-1

Calibration Service

5.1, inclusive

No more than 1 valid defects per year

Re-performance Within 2 weeks of notification

Random inspections, validated customer complaints

6.1.1. The contractor shall keep records of inspections and make them available to the Government throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract. The contractor shall collect data, perform self-evaluation, and document performance against standards associated with each specific requirement. The contractor shall submit a report semi-annually based on the description of the inspection systems that cover all services in this PWS. The contractor shall address all tasks in the PWS based on the example below:

Objective (contract requirement)

PERFORMANCE

STANDARD

What level of performance is required to meet the Performance Objective or Task?

Acceptable Quality Level (AQL) or Performance Threshold

WHAT/DATA

SOURCE

What is the Contractor going to inspect?

CALCULATION

How will The Contractor determine if the AQL and Standard are being achieved?

This information comes from the

PWS.

This information comes from the PWS.

This information comes from the

PWS.

Contractor shall submit

Contractor shall submit.

6.1.2. The contractor shall allow the U.S. Government to perform any inspection set forth in the contract, pursuant to FAR 52.246-4 Inspection of Services-Fixed Price (Aug 1996). The contractor shall correct, without additional cost to the Government, any items having defects as noted during the Government’s in-progress inspection or acceptance inspection.

6.2. Quality Assurance. The government will inspect and evaluate the contractor’s performance to ensure services are received in accordance with requirements set forth in this contract. The COR will use periodic inspections to record validation of results. Results of the validation then become an official Air Force record of the Contractor’s performance. When a performance threshold has not been met or contractor performance has not been accomplished, the COR will initiate and provide the KO a Contract Discrepancy Report (CDR) for issuance to the contractor. The contractor shall respond to the CDR IAW instructions provided.

6.3. Surveillance Methods.

6.3.1 Random Inspection. This method requires the QAP to employ a “spot check” style of evaluation based on the contractor’s incorporated Cleaning Frequency Schedule (CFS, PWS paragraph 3.19). Random inspection will be conducted on a scheduled basis (daily, weekly, monthly, quarterly, semi-annual or annually) and may be adjusted, based on quality trends. The CFS or modified version thereof, shall be used for QAP scheduled inspections and results documentation.

Any unsatisfactory inspection (defect) result shall be recorded, and the Contractor shall re-perform the service within 2 hours after notification.

Exceeding the performance threshold for any of these performance objectives in any one month period shall result in a warning or letter of concern from the Contracting Officer.

Exceeding the performance threshold of these performance objectives, in any combination for any two, or more consecutive or non-consecutive months during a contract period shall constitute an immediate Progress Meeting with the Multi-functional Team. All remedies shall be in accordance with the FAR 52.212-4 (a), Contract Terms and Conditions - Commercial Items, Inspection/Acceptance.

6.3.2. Customer Complaints. The QAP will receive and investigate complaints. The QAP shall be responsible for initially validating customer complaints. The Contracting Officer shall make final determination of the validity of customer complaint(s) in cases of disagreement with the QAP and the Contractor. Validated customer complaints shall be re-performed within 2 hours of notification.

Exceeding the performance threshold for performance objectives in any one month period shall result in a warning or letter of concern from the Contracting Officer.

Exceeding the performance threshold for performance objectives for any two, or more consecutive or non-consecutive months during a contract period shall constitute an immediate Progress Meeting with the Multi-functional Team. All remedies will be in accordance with the FAR 52.246-4, Inspection of Services - Fixed-Price.

6.4. Corrective Action and Remedy

6.4.1. Contractor Notification. When a performance is determined less than satisfactory, the COR will inform in writing the Contractor’s on-site representative that performance is unacceptable, state the reasons why, and request re-performance of services, in accordance with Performance Requirement Summary.

6.4.2. After notification of Validated Customer Complaints the Contractor shall re-perform the task in accordance with the Performance Requirement Summary.

6.4.3. Exceeding the performance threshold in any one month period will be documented on WAWF/CORT COR Monthly report.

6.4.4. If corrective measures applied by the Contractor are not satisfactory, the COR will document the unacceptable performance on the surveillance form, and reasons why and requested re-performance completion date. At this time the COR will also request the contract manager to initial the surveillance form. If the Contractor wants to dispute the results of the surveillance, the COR will refer the Contractor to the Contracting Officer for resolution of the matter.

6.4.5. The Contractor shall respond to the Contractor’s Discrepancy Report in accordance with instructions provided and return it to the Contracting Officer within 10 calendar days of receipt.

6.4.6. Exceeding the performance threshold of these performance objectives, in any combination for any two or more consecutive or non-consecutive months during a contract period shall constitute an immediate Progress Meeting with the Multi-functional Team. All remedies will be in accordance with the FAR 52.212-4 (a) Contract Terms and Conditions – Commercial Items, Inspection/Acceptance.

6.4.7. Monetary Consideration for Unsatisfactory Performance. If the Contractor does not re-perform the service in accordance time allowances in Performance Requirement Summary, the Government will make necessary deduction from monthly payments. The Government will utilize price per SF on requirement CLINs to calculate consideration.

7. CONTRACT MANAGEMENT REPORTING: Contractor Manpower Reporting (CMR) Requirement

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Custodial Services, Osan AB via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2018. Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mil/.

APPENDIX A – LMP Equipment List

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.204-6 Unique Entity Identifier OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.214-34 Submission Of Offers In The English Language APR 1991 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984

52.232-1 Payments APR 1984 52.233-1 Disputes MAY 2014 52.244-6 Subcontracts for Commercial Items OCT 2018 52.246-4 Inspection Of Services--Fixed Price AUG 1996 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.225-7041 Correspondence in English JUN 1997 252.228-7000 Reimbursement for War-Hazard Losses DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers in accordance with addendum to FAR 52.212-2:

(i) Technical capability of the item offered to meet the Government requirement;

(ii) Price;

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

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

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (OCT 2018)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor before the expiration date of the contract.

As part of price evaluation, the Government will evaluate its option to extend services (see FAR Clause 52.217-8) by adding one-half of the offeror‘s final option period price to the offeror‘s total price. Thus, the offeror‘s total price for the purpose of evaluation will include the base period, 1st option year and one-half of the 1st option year.

Offerors are required only to price the base and one option. Offerors shall not submit a price for the potential one-half year extension of services period.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 10 calendar days prior to expiration date of contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 24 months.

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

(a) Definitions. As used in this clause—

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

“Coercion” means—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“Severe forms of trafficking in persons” means—

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) Charge employees recruitment fees;

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

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

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

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

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

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

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

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

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

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

(c) Contractor requirements. The Contractor shall—

(1) Notify its employees of—

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

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

Document Title Document may be obtained from: Applies to performance in/at:

USFK Regulation 190-2 http://8tharmy.korea.army.mil/g1_AG/Programs_ Policy/UploadedFile/USFK/USFK_Reg_190- 2_Off-Limits_Areas_and_Establishmentse.pdf

Republic of Korea

USFK Command Policy Letter #12 http://www.usfk.mil/usfk/Uploads/140/USFK%2 0CPL12.pdf

Republic of Korea

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

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

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

(i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203- 13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and

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

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

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

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

(2) Requiring the Contractor to terminate a subcontract;

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

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

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

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

(7) Suspension or debarment.

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

(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…