W90VN7-16-R-0043_Solicitation.pdf

FB528401390001

Repair Drainage Ditches Around Building 911, Kunsan Airbase

Notice to Offerors: Funds are not presently available for this project. No aw ard w ill be made under this solicitation until funds are available.

The Government reserves the right to cancel this solicitation, either before or after the closing date. See FAR 52.232-18.

OFFERORS MUST COMPLY WITH THE FOLLOWING:

A. This is a Non-Work Plan Task Order for the follow ing MATOC Contractors only. Contract Numbers #W91QVN-14-D-0031, 0032, 0033, 0034, 0035, 0036, 0037, 0038, 0039, 0040, 0041, 0043, 0044, 0045, 0046, 0047, 0048, 0049 and 0050.

B. Site Visit: All MATOC 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 Schedule.

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 specified in this solicitation.

CPT LAWSON, STEPHEN C. (063) 470-8192

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

17-Jun-2016

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________105 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 __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________08 Jul 2016 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

411TH CONTRACTING SUPPORT BRIGADE, KOREA

RCO KUNSAN, UNIT #2112

APO AP 96264-2112

UNITED STATES OF AMERICA (THE)

W90VN7

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W90VN7-16-R-0043 30

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W90VN7-16-R-0043

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

UPGRADE DRAINAGE AROUND BLDG 911

FFP

Provide all supervision, labor, tools, parts, materials, and transportation necessary toRepair Draignage Ditches aournd Building 911 Kunsan Airbase.

FOB: Destination

PURCHASE REQUEST NUMBER: FB528401390001

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

War Hazard

FFP

War Hazard is zero (0) FOB: Destination

PURCHASE REQUEST NUMBER: FB528401390001

NET AMT

Section C - Descriptions and Specifications

STATE OF WORK

DETAILED-SPECIFICATION

The specification sections listed below are applicable to this project. The specifications are from the “Standard Technical Specifications for O&MA Projects, Korea”, dated Jan 2014, located on the 411th CSB Web Page, https://www.usfk.mil/ Resources/ContractingwithUSFK.aspx. The electronic version of the specifications is Acrobat® PDF format and can be read with the Acrobat Reader software.

INDEX

SECTION NO TITLE

DIVISION 1 - GENERAL REQUIREMENTS

DIVISION 2 – EXISTING CONDITIONS

DIVISION 3 - CONCRETE

DIVISION 05 - METALS

DIVISION 09 - FINISHES

DIVISION 31 – EARTHWORK

DIVISION 32 – EXTERIOR IMPROVEMENTS

DIVISION 33 - UTILITIES

NOTE: Wherever "Special Clause" or "Special Provisions" appears in OM&A sections substitute "clauses and/or special provisions of this contract."

DIVISION 1 GENERAL REQUIREMENTS

SECTION 1A STATEMENT OF WORK

INDEX

1A-1 DESCRIPTION OF WORK

1A-2 PRINCIPAL FEATURES

1A-3 PERFORMANCE PERIOD

1A-4 LIST OF DRAWINGS

1A-1 Description of Work: The work under project MLWR 16-1006, Upgrade Drainage Ditches Around B911 consists of furnishing all labor, equipment, materials, transportation and supervision necessary to perform all the work as shown on the drawings and indicated herein.

1A-2 Principal Features: The description of the work is approximate and includes the principal features only. This general outline does not in anyway limit the responsibility of the contractor from performing all work indicated herein and on the drawings.

Scope of Work

2.1 Removal Work

2.1.1 Remove existing 18” dia. RCP drain, approx. 345LF.

2.1.2 Remove existing 24” dia. RCP drain, approx. 10LF.

2.1.2 Remove existing 30” dia. RCP drain, approx. 159LF.

2.1.3 Remove existing concrete headwalls, 15EA.

2.1.4 Remove existing concrete sidewalk, approx. 35SY.

2.1.5 Remove existing concrete catch basin, 1EA.

2.1.6 Remove existing 7’ wide concrete swale, 18LF.

2.1.7 Remove existing AC pavement, approx. 490SY.

2.2 New Drain Work

2.2.1 Excavate construction site and compact subgrade.

2.2.2 Construct new concrete headwalls on new 10” thick compacted crushed aggregate base course, 16EA.

2.2.3 Construct new concrete junction manhole with a ladder and steel grating on new 10” thick compacted crushed aggregate base course, 1EA.

2.2.4 Construct new PC (precast concrete) type box culvert drains on new 10” thick compacted crushed aggregate base course, approx. 478LF. PC box culvert installation details shall be in accordance with manufacturer catalog.

2.2.5 Construct PC type angled trench on new 10” thick compacted crushed aggregate base course, approximately 92LF. PC trench installation details shall be in accordance with manufacturer catalog.

2.2.6 Provide and install new steel gratings, approximately 155SF.

2.2.7 Backfill and compact construction site.

2.2.8 Construct new 4ft wide concrete sidewalk on new 4” thick aggregate base course, approx.

41SY.

2.2.9 Clean existing RCP drain, approx. 65LF.

2.2.10 Excavate existing open ditches and compact disturbed surfaces, approx. 1,727LF.

2.2.11 Restore construction sites damaged by this project.

2.2.12 Clean construction site.

2.3 General note for all construction sites

2.3.1 Some part of work at Site Plan D is located within restricted area which requires escorts by government side.

2.3.2 Contractor shall perform field survey including elevations of existing drainage systems and surroundings, and submit shop drawing to propose elevations of new drainage system for BCE approval before start of actual construction.

2.3.3 Whenever existing utilities including but not limited to electricity line, communication line, water line occurs at the construction site contractor shall encase them with concrete (min. 3” larger than conduit diameter on both directions) under new drainage culvert. When burying utilities under culvert is not feasible encase them with half-cut steel pipe (min. 2ft extended on each side) and pass thru concrete culvert close to the bottom. Pipes shall be fastened to culvert with steel bands.

2.3.4 All new PC box culverts shall be min. 24ton rated.

2.3.5 All new steel gratings for new PC trenches shall be min. 20ton rated.

2.3.6 Contractor shall provide temporary drain line during construction.

2.3.7 Construction schedule at the entrance area shall be coordinated with facility user and be phased out to allow one-way traffic flow and minimize impacts on traffic flow.

2.3.8 All the area disturbed by this project shall be regraded and covered with sodding.

2.3.9 Quantities given above are for government estimate purpose only. Contractors shall field verify exact quantities before applying for bid.

2.3.10 All damages caused by this project must be restored to original or better condition.

1A-3 Performance Period: 105 calendar days upon receipt of NTP (Notice to Proceed)

3.1 Contractor must attend pre-construction conference prior to notice to proceed (NTP) being issued and needs to submit construction schedule prior to pre-construction conference.

1A-4 LIST OF DRAWINGS: The work shall conform to the following contract drawings and standard detail drawings (dated Oct 2014, issued by the Department of the Army, Installations Management Agency, Korea Region Office and located on the 411th CSB Web Page to Fedbizops (https://www.fbo.gov/) all of which form a part of the specifications.

ITEM NO TITLE SHT NO

G-1 LOCATION MAP 1 OF 10

C-1 REMOVAL SITE PLAN “A” 2 OF 10

C-2 REMOVAL SITE PLAN “B” 3 OF 10

C-3 REMOVAL SITE PLAN “C” 4 OF 10

C-4 REMOVAL SITE PLAN “D” 5 OF 10

C-5 NEW SITE PLAN “A” 6 OF 10

C-6 NEW SITE PLAN “B” 7 OF 10

C-7 NEW SITE PLAN “C” 8 OF 10

C-8 NEW SITE PLAN “D” 9 OF 10

C-9 CONC HEADWAL & JUNCTION MH DETAILS 10 OF 10

AC PAVEMENT RESTORATION DET. GENERAL NOTES

1A-5 GENERAL CONDITIONS

1. SPECIFICATIONS: The project shall comply with the MLWR 16-1009, Repair Drainage Ditches Around B911, Kunsan AB, Korea, Contract (100%) Technical Specifications. The Standard Technical Specifications for O&MA (Operation & Maintenance Army) Projects, Korea dated Jan 2014 are available on the 411th CSB Web Page, https://www.usfk.mil/Resources/ContractingwithUSFK.aspx.

2. ALERTS: During military alerts or special operations, anticipated not to exceed forty (40) working days per year of contract duration, the contractor may be denied access to the base or the work areas.

When the contractor is prohibited from access to the base or worksite for one (1) day or less per month, no adjustment in the contract time will be made. When the contractor is prohibited access for more than one (1) day per month, an adjustment to the contractor’s schedule will be made by the Contracting Officer (KO).

3. DAILY REPORTING: The contractor Project Manager shall be responsible to report to the COR or Government project inspector at 0800 during normal work days, or at 1700 during night shifts . The contractor project manager shall provide the COR or Government project inspector with a daily report detailing the work which is being accomplished at the worksite. Failure on the project manager’s part to report to the COR or Government project inspector will result in a letter being forwarded to the KO recommending appropriate action by the KO for the contractor’s lack of coordinating the daily work report.

4. NOTIFICATION OF INSPECTIONS: Prior to starting work at the work site, the contractor shall inform the COR of the actual date that the contractor intends to start work. The contractor shall also give the COR or project inspector no less than a two (2) work day notice prior to each concrete placement, asphalt placement field test, protective coating, or any other work deemed necessary by the COR or project inspector. The contractor shall also give at least a seven (7) work day written notification of the pre-final and final inspections to the COR. The Construction Management Element of the 8th Civil Engineering Squadron is located in building #705, Kunsan Air Base, Korea; base phone extension is 782- 6197 or commercial (063) 470-6197. (CDRL 1)

5. CLOSE-OUT/TURNOVER MATERIALS: The contractor shall be responsible for providing the following materials as part of final turnover to the U.S. Government: AS-built drawings shall be submitted to COR for review and acceptance in electronic format utilizing AutoCAD 2006 or higher and submitted on CD/DVD format (3 copies). Operations and Maintenance (O&M) training shall be provided to U.S. Government personnel on new mechanical systems NLT (7) work days, not counting weekends, prior to final acceptance. O&M Manuals shall be submitted in both electronic and hard copy format (3 copies each) (7) work days prior to final acceptance. Turnover of all new facility keys and salvageable material (if any) shall be submitted to COR or project inspector. Contractor shall prepare DD form 1354 (Transfer and Acceptance of DOD Real Property) with type and quantity of construction material installed.

When all materials have been turned over, the COR or project inspector will notify the KO so that the final payment may be released. Up to fifteen (15%) percent of the total contract amount may be withheld pending complete turnover of material stated in this paragraph." (CDRL 2)

6. AIR FORCE MATERIALS: All salvageable materials removed from the worksite shall remain the property of the U.S. Government. All other such materials shall be disposed of by the contractor IAW AF regulations, upon coordination with the COR or project inspector. Applicable AF regulations include AFI 32-7001 (Environmental Management), AFPAM 32-7043 (Hazardous Waste Management Guide), AFI 32- 1052 (Facility Asbestos Management), AFI 32-7042 (Waste Management), UFC 4-451-10N (Hazardous Waste Storage, and UFC 1-900-01 (Methods for the Reduction, Reuse, and Recycling of Demolition

Waste) and their source reference documents. Unclear or conflicting information between these documents can be clarified via RFI from the contractor to 8 CES/CENMC.

7. CONTRACTOR’S EQUIPMENT: All contractor equipment used in the performance of this contract shall be subject to a functional and safety inspection(s) at any time by the COR or project inspector IAW U.S. Air Force Safety Regulations and EM 385-1-1, U.S. Army Corps of Engineers Safety and Health Requirements Manual. Any equipment found not to be functional or safe shall be immediately repaired, replaced, or removed from the worksite by the contractor. Additionally, the contractor will provide the COR or construction inspector a listing of all equipment to be used on site prior to the start of work, NLT

(10) days after NTP. Applicable U.S. Air Force Safety Regulations include UFC 3-560-01 (Electrical Safety, O&M; with Change 4), AFI 32-1064 (Electrical Safe Practices), AFI 91-302 (Air Force Occupational and Environmental Safety, Fire Protection, and Health Standards) and AFPAM 91-210 (Contract Safety...

although this is more for our use in setting up contracts than for the contractor in executing them) and their source reference documents. Unclear or conflicting information between these documents can be clarified via RFI from the contractor to 8 CES/CEPMC.

8. MATERIAL COMPLIANCE: The contractor shall be responsible to ensure that all materials used in the performances of the contract meet the specifications and requirements of this contract. Material(s) not meeting the specifications or not approved on AF Form 3000, Material Approval Submittal (or shall not be transported to the worksite. The COR or Base Civil Engineering Officer will be the approving authority for all materials used in the performance of this contract. All material(s) shall be new and the standard product of a manufacturer who is regularly engaged in the manufacturing of such products. Any materials used in the performance of this contract not approved on an AF Form 3000 shall be removed and replaced, at the expense of the contractor, and not the U.S. Government unless the government determines that the item does meet the specifications in the contract.

9. CONTRACTOR-FURNISHED MATERIAL AND CONTRACTOR-FURNISHED EQUIPMENT

(CFM/CFE): All CFM/CFE, including construction equipment, will not be permitted to enter Kunsan Air Base unless each item is approved on a DD Form 1149, Requisition and Invoice/Shipping Document. The contractor shall be responsible to notify the COR or Base Civil Engineering Officer at least three (3) work days prior to the arrival of, or removal of, any CFM/CFE at Kunsan Air Base. DD Form 1149 is available on open source internet (http://www.dcma.mil/dcman/NPP/files/dd1149.pdf).

10. CONTRACTOR’S TEMPORARY FACILITES: Erection of any facility by the contractor shall be coordinated with the COR or project inspector. An approved U.S. Government Real Estate Permit from the Base Civil Engineer (BCE) shall be in the contractor’s possession before erection of any facility. Any contractor erected facility shall be removed and the area cleaned within seven (7) calendar days in normal installation access areas and (5) duty days in installation restricted areas after completion of the contract requirements and prior to final invoice payment.

11. Air Force (AF) FORM 103, BASE CIVIL ENGINEERING WORK CLEARANCE REQUEST:

Prior to starting any work, The contractor shall be responsible to have a valid AF Form 103, Base Civil Engineering Work Clearance Request (dig permit) in his possession. No work shall be performed under this contract without a valid AF Form 103 in the contract’s possession. Request for a Base Civil Engineering Work Clearance Request shall be submitted to the COR or Base Civil Engineering Officer a minimum of ten (10) calendar days prior to starting any work under the terms of this contract.

12. SAFETY: AFOSHSTD91-501 (Air Force Occupational and Environmental Safety, Fire Protection, and Health Standard) shall be complied with. All AFOSH standards shall be complied with as applicable. The contractor shall also comply with applicable sections of EM 385-1-1, U.S. Army Corps of Engineers Safety and Health Requirements Manual.

13. FIRE PROTECTION: The contractor shall comply with the provisions of the Base Fire Protection program, 607 AOGI (Air Operations Group Instruction) 32-2001. The contractor shall provide suitable fire extinguishers at any material storage area constructed by the contractor as well as at the work site(s).

The contractor shall ensure that all contractor employees understand that there will be no smoking inside or within 50 feet of any U.S. Government facility, at any time, during performance of work under this contract. The COR or project inspector will identify to the contractor the designated smoking area(s) for the contractor’s employees prior to starting any work. The contractor shall ensure that all contractor employees are aware of the designated smoking area(s) and shall ensure that all contractor employees use the designated smoking area. Any contractor employee found smoking in any U.S. Government facility, at any time, will be removed from the work site by the COR or project inspector. The COR or project inspector will notify the KO of the removal of any contractor employee for violation of the “no smoking” policy.

14. BURNING/WELDING OPERATIONS: The contractor shall be responsible to obtain a burning/ welding permit prior to any burning or welding operation. The contractor shall notify the COR or project inspector not less than five (5) work days prior to such operations and shall return the permit to the U.S.

Government inspector at the completion of the permit period. Contractor shall provide fire watch during all open flame/ welding work.

15. VERIFICATION OF ACTUALITIES: (FAR Clause 52.236-2 Site Visit)

16. HOUSEKEEPING: (FAR Clause 52.236-12 Cleaning Up / 52.236-9 Protection of Existing

Vegetation, Structures, Equipment, Utilities and Improvement & 52.236-13 Accident Prevention)

17. BASE ACCESS: The contractor shall be required to obtain base access to Kunsan Air Base to perform the requirements of this contract. The contractor shall be responsible to submit a base access request letter no later than five (5) calendar days prior to start this contract. It shall be the responsibility of the contractor to prepare the necessary base access paperwork IAW USFKregulation 190-7, Installation Access Control, and submit it to the COR or project inspector. USFK regulation 190-7 is available on open source internet (http://8tharmy.korea.army.mil/g1_AG/Programs_Policy/PublicationsRecords/Regu lations/USFK/USFK%20Reg%20190-7%20Installation%20Access%20Control2013.pdf

18. REPAIR WORK: It shall be the contractor’s responsibility to repair all areas of patch work to match existing areas. This work shall include all areas inside of the facility as well as any other areas that the contractor may have damaged during the performance of work under the terms of this contract.

19. CONTRACTOR’S RESPONSIBILITIES: It shall be the responsibility of the contractor to have full control of all contractor personnel during the performance of work under the terms of the contract. The contractor shall be responsible to ensure that no contractor personnel receive any instructions for addition/deletion of work from any Government personnel including the COR or project inspector. Any instructions for additional work shall only be issued by the KO. The contractor shall be responsible for any cost incurred for any additional work, which is not identified in the contract documents to include the specifications or on the contract drawings. The contractor shall be responsible to inform the COR or project inspector of any request form any Government personnel for additional work. The contractor shall provide the COR or project inspector with name and office of the individual requesting the additional work and the type of additional work being requested. The COR or project inspector will take the necessary actions to inform the KO to prevent such situation.

20. PROGRESS SCHEDULE: The contractor shall prepare and submit the AF Form 3064, Contract Progress Schedule no later than ten (10) calendar days after notice to proceed is issued. The contractor shall submit three (3) copies of the AF Form 3064 for approval by the COR or project inspector and KO.

(CDRL 3)

21. DRAWING SUBMITTALS: All drawings shall be submitted prior to the start of any work. Any additional drawings (As-built, field changes, etc.) shall be submitted to the COR or project inspector no later than ten (10) calendar days prior to contract completion for delivery orders with period of performances (PoP) less than 180 days and (60) days prior to contract completion delivery orders with PoP’s greater than 180 days. If submittal cannot be submitted within the timeframe the contractor must notify the COR or project inspector in writing why he/she cannot meet the requirement. (CDRL 6)

22. UTILITY OUTAGES/ROAD CLOSURES: It shall be the responsibility of the contractor to request, in writing, to the COR or project inspector, a minimum of thirty (30) calendar days in advance for any water outage, electrical outage, or road closure. The contractor shall provide a requested date and estimated time for the water outage, electrical outage, or road closure. The COR or project inspector will be responsible for determining the impact of the water outage, electrical outage, or road closure. The COR or project inspector will also be responsible for the processing of the contractor’s request for a water outage, electrical outage, or road closure. The contractor shall have written approval from the COR or project inspector before any water outage, electrical outage, or road closure. (CDRL 4)

23. ASBESTOS CONTAINING MATERIALS: No asbestos containing materials (ACM) shall be used under this contract. ACM is any material containing more than 1% asbestos by weight, either along or mixed with other fibrous on non-fibrous materials.

24. OZONE DEPLETING SUBSTANCES: No Class I ODS shall be used in the performance of this contract, nor be provided as a part of the equipment. This prohibition shall prevail over any other provision, specification, drawings or referenced documents.

25. MATERIAL SAFETY DATA SHEETS (MSDS): It shall be the responsibility of the contractor to furnish Material Safety Data Sheets (MSDS), in English and Korean, for all hazardous material(s) used under the terms and conditions of this contract. The type of materials that the contractor shall submit MSDSs for include, but is not limited to, paint, primer, lacquer, stain, joint compound, caulking, exterior insulation systems, emergency exit lights, cleaning fluids, oil, etc., and any other type of product deemed necessary by the Contracting Officer’s Representative (COR) or project inspector, required by U.S.

Government Environment Laws and Regulations, or Korean Environmental Laws and Regulations.

a) SUBMITTAL REQUIRMENTS:

(1) The contractor shall be responsible to process these Material Safety Data Sheets (MSDS) on an AF Form 3000, Material Approval Submittal. The AF Form 3000 shall be submitted to the COR or Base Civil Engineering Officer no later than fifteen (15) calendar days after the Notice to Proceed (NTP) is issued by the Contracting Officer (KO). The contractor shall submit four (4) copies of the AF Form 3000 with carbon paper. The contractor shall submit the AF Form 3000 to the COR or Base Civil Engineering Officer for review prior to submitting the AF Form 3000 with carbon paper. It will be the responsibility of the COR or project inspector to verify the AF Form 3000 to ensure that all hazardous materials are submitted in the proper format. (CDRL 5)

(2) It shall be the responsibility of the contractor to list each type of hazardous material on the AF Form 3000. The contractor shall also be responsible to list the quantity, unit of measure (i.e.: each, liter, gallon, etc.), and size of container(s). It will be the responsibility of the COR or project inspector to verify these quantities and containers prior to initialing off on the AF Form 3000.

(3) After verification of all hazardous materials by the COR or project inspector and the contractor, the COR or project inspector will then be responsible to process this AF Form 3000. After receiving approval for all hazardous materials, it will be the responsibility of the COR or project inspector to provide the KO and contractor with a copy of the signed AF Form 3000 for the official files.

(4) After receiving approval of all hazardous materials required under the terms and conditions of this contract, the contractor shall be responsible to process these Material Safety Data Sheets (MSDS) through the HazMart Pharmacy located in building #823, military telephone DSN 782-5247, commercial telephone (063) 470-5247. The HazMart Pharmacy will be responsible to issue a bar code for each hazardous material that shall be affixed to each container by the contractor. The contractor shall be responsible to post an approved copy of the AF Form 3000 at the worksite storage area as well as keep a signed copy by AF Form 3000 in the contractor’s field office.

(5) It shall be the responsibility of the contractor to provide the COR with a new AF Form 3000 for any additional hazardous materials brought onto Kunsan Air Base throughout the term of the contract. This shall include any new materials as well as any additional quantities over and above the originally quantities.

(a) HAZARDOUS MATERIALS STORAGE: The contractor shall be responsible to store all hazardous materials in an approved storage container or storage area. This storage container may be either a metal or wood locker which is capable of being secured when not in use as well as at the end of each workday. The contractor shall be responsible to provide an approved storage location for large quantities of hazardous materials which can also be secured when not in use as well as at the end of each workday. The contractor shall be responsible to keep an approved AF Form 3000 on the inside of the door to the storage container and also keep a copy of the approved AF Form 3000 posted at the storage area

(b) DISPOSAL REQUIREMENTS FOR HAZARDOUS MATERIALS: It shall be the responsibility of the contractor to remove and dispose of any remaining hazardous materials upon completion of the contract to include the removal of hazardous materials from the worksite as well as the contractor’s field office area. The contractor shall be responsible to dispose of these remaining hazardous materials, off the installation, at the contractor’s own expense, in strict accordance with existing Korean Environmental Laws and Regulations. The contractor shall be responsible to notify the COR or project inspector prior to disposing of any hazardous materials off the installation to ensure that all hazardous materials are properly handled and disposed of correctly.

After use of final disposal of all hazardous materials, it will be the responsibility of the COR or project inspector to notify the HazMart Pharmacy of the final disposition of the hazardous material in order for the HazMart Pharmacy to update the AF-EMIS database.

(c) HAZARDOUS MATERIAL SPILLS: In the event that the contractor accidentally spills any hazardous materials at the worksite, it shall be the responsibility of the contractor to immediately notify 8 CES/CEAN, Environmental section located in Building #705, military telephone DSN 782- 6239/6240, commercial telephone (063) 470-2312/6337. The contractor shall be responsible to identify the location of the spilled material, the quantity of spilled material, and the type of spilled material. The contractor shall also be responsible to notify the COR or project inspector.

The contractor shall not under any conditions, remove and dispose of any spilled hazardous material(s) without prior approval of 8 CES/CEAN.

26. DISPOSAL REQUIRMENTS: The contractor shall be responsible to designate, in writing, to the COR or project inspector the exact location(s) for the disposal of the steel revetment, soil, and concrete.

The contractor shall also be responsible to provide the COR or project inspector with a copy of the license for the disposal location(s) issued by the Korean Government. The contractor shall be responsible to accompany the COR or project inspector on a site visit of the disposal location(s) prior to the removal and disposal of any steel revetment, soil, or concrete. The COR or project inspector will be responsible to complete a DD Form 1901, Plant Visit Request/Report for each of the disposal locations. The COR or project inspector will be responsible to provide the KO with a copy of the DD Form 1901 identifying any discrepancies which may not conform to the contract requirements. It will be the responsibility of the KO to review this DD Form 1901 and to determine any corrective actions that the contractor shall be responsible to comply with. The contractor shall also be responsible to notify the COR immediately in the event that the disposal location(s) are no longer licensed or capable of disposing of the steel revetment, soil, or concrete in accordance with AFI 32-7042 (Waste Management).

27. ESCORT PRIVILEGE: Personnel of the Contractor or any representative of the contractor entering Kunsan AB shall abide by all security regulations imposed by Installation Commander at all times and shall be subject to security checks. Contractor personnel and property shall be subject to search and seizure upon entering the confines of the installation, while on, and upon leaving the confines of Kunsan

AB.

a. Escort Privileges: The Contractor shall be responsible to obtain escorting privileges on base passes for the Contract Manager (CM), Quality Control (QC) Manager, Safety Manager with a limit of three (3) persons and one (1) vehicle pass 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 and the escort official’s escorting privileges will be immediately withdrawn. Any individual removed from these installations will not be authorized further access to these installations.

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

28. Contractor personnel: (FAR Clause 52.236-6 Superintendence by the Contractor

CONSTRUCTION DATA REQUIREMENTS LIST

Provide the data as indicated below to the COR. All reports, submittals, logs, and information provided to the Government shall be electronic and compatible with Microsoft Office 2007™ such as Excel™, Word™, and others.

“Compatible” means the document can be opened using the appropriate Microsoft Office™ component without any discernible effect on the text (e.g., loss of data) or the formatting of the document:

Item No.

Description Format Frequency Paragraph Reference

The Written Notification of Pre-final and Final Inspection

Contractor’s Format

A minimum of 7 work days in advance for inspection

General Condition Para. 4.

2 As-Built Drawings Contractor’s Format

NLT 10 calendar days prior to final acceptance

General Condition Para. 5.

3 Progress Schedule AF Form 3064 NLT 10 calendar days after

NTP

General Condition Para. 20.

4 Facility Closures Request Contractor’s Format

A minimum of 30 calendar days in advance

General Condition Para. 22.

5 Material Approval Submittal AF Form 3000 NLT 15 calendar days after

NTP

General Condition Para. 25.a.1.

Shop Drawing for New Drain Line Elevations

Contractor’s Format

NLT 10 calendar days prior to construction

General Condition Para. 21.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination N/A

CLAUSES INCORPORATED BY FULL TEXT

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not--

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(End of clause)

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

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 105 calendar days after notice to proceed (NTP) is issued. The time stated for completion shall include final cleanup of the premises.

Section G - Contract Administration Data

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

(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

Section I - Contract Clauses

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.

252.225-7041 CORRESPONDENCE IN ENGLISH (JUNE 1997)

The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in English or with an English translation.

5152.222-4034 KOREAN LABOR LAW

Contractors and subcontractors at all tiers, shall honor employees’ rights in full compliance with Korean Labor Law, including the rights of succession of employment. Failure to comply may be deemed breach or default of the contract and evidence of nonresponsibility. Such violation of Korean Labor Law may be evidenced by a Republic of Korea Ministry of Labor determination, a court decision, or a Labor Relations Commission adjudication. If a contractor is found to be in serious violation and fails to take adequate corrective action promptly, USFK may consider this grounds for determining the contractor to be non-responsible for future Government contracts.

5152.232-4028 FUNDING OF ROK-FUNDED CONTRACTS

(a) Funding advisement: Except for contractual instruments, if any, which specifically obligate U.S. appropriated funds for payment by the U.S. Government, this contract, any modifications (including exercise of option(s)) to it, and any delivery orders under it, shall cite “MOA Contract - funded by ROK MND,” in lieu of citing appropriations and accounting data.

(b) Limitation of US liability: The U.S. Government shall incur no liability, and no appropriated funds of the United States shall be obligated, for payment for services, supplies, claims, or other costs arising out of or under contracts, delivery or service orders, or exercises of options or other modifications that are designated as “MOA Contract -funded by ROK MND.”

(c) 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.”

(d) Funding adjustments: It is intended that the Government will apply U.S. appropriated funds under this contract, if at all, exclusively and only until ROK MND funds become available, at which point the Contract will maximize use of ROK MND funds. The Government may arrange de-obligation of U.S. appropriated funds previously obligated, in order to replace them with obligation of ROK MND funds.

(e) Funding carry-over:

(1) The Government 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-ML, 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) Funding for work carried over to the next calendar year will not automatically transfer to the next calendar year;

however, the ROK MND shall seek mutually agreeable procedures for payment for the work carried over.

(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.

(3) Notwithstanding the provisions of the preceding subparagraphs, the U.S. Government may, at any point, require continued performance in obligation of U.S. appropriated funds until the ROK MND funds become available for the calendar year.

5152.232-4030 PAYMENTS - ROK MND-FUNDED CONTRACTS:

(a) Responsibility for Payment: Pursuant to Memorandum of Agreement (MOA) between United States Forces Korea (USFK) and the Republic of Korea Ministry of National Defense (ROK MND) concerning this contract, 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.” If the contract or any part of the contract is identified as obligating U.S. appropriated funds, the U.S. Government shall pay for that portion, pursuant to and IAW procedures stated by FAR 52.232-1 PAYMENTS (APR 1984). Payments shall be made at the prices specified in the schedule.

(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 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.

(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…