W90VN7-16-T-0009.pdf

SEE ADDENDUM

(No Collect Calls)

W90VN7-16-T-0009 10-Jun-2016

b. TELEPHONE NUMBER

063-470-8191

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 27 Jun 2016

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.

W90VN79. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MR. SONG, KIL-CHAE

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

F2L3SF6098AQ01

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 KUNSAN, UNIT #2112

APO AP 96264-2112

UNITED STATES OF AMERICA (THE)

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 F2L3SF 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

8 SFS

TSGT BURNETT

8 SFS/S-4, BLDG 826

KUNSAN AIR BASE, KUNSAN

APO 96264

KOREA (THE REPUBLIC OF)

TEL: 782-4641 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$15,000,000

NAICS:

541990

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 OF28

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.

W90VN7-16-T-0009

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 4 Job Maintenance Service/Labor

FFP

NON-PERSONAL SERVICES: provide all supplies, materials, equipment, tools, labor, personnel, transportation, supervision, and management necessary to remove lead, lead/frangible dust from and perform maintenance and repair services to Bullet Traps System, at Kunsan AB, Republic of Korea.

FOB: Destination

MILSTRIP: F2L3SF6098AQ01

PURCHASE REQUEST NUMBER: F2L3SF6098AQ01

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Lot Repair Parts

FFP

The contractor shall Acquire/Purchase Parts and Materials in accordance with PWS. Reimbursement will be at actual cost. No profit or fee shall be allowed. Not to exceed (NTE) amount for the all eligible parts within ordering period is $9,200 (or local currency equivalent). The contractor does not put a price in the quote.

FOB: Destination

MILSTRIP: F2L3SF6098AQ01

PURCHASE REQUEST NUMBER: F2L3SF6098AQ01

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

BULLET TRAP MAINTENANCE SERVICE

STATEMENT OF WORK (SOW)

1. Scope: The contractor shall provide all supplies, materials, equipment, tools, labor, personnel, transportation, supervision, and management necessary to remove lead, lead/frangible dust from and perform maintenance and repair services to Bullet Traps, at Kunsan AB, Republic of Korea.

1.1. Location: The 8th Security Forces Squadron Combat Arms (CA) facility firing range, Bldg 3500, Kunsan AB, Republic of Korea.

1.2. Duration of Contract: The duration of the contract is for one year and the range is to be serviced for a total of 1 time, once per quarter. The duration of the contract will be broken down into 4 separate quarters for the year.

2 Applicable Documents:

• AFI 91-203 (http://www.e-publishing.af.mil/shared/media/epubs/AFI91-203.pdf)

• AFI 40-102 (http://www.e-publishing.af.mil/shared/media/epubs/AFI44-170.pdf)

• EM 385-1-1 (http://publications.usace.army.mil/publications/eng-manuals/EM_385-1- 1_languages/EM_385-1-1_English_2008/toc.html)

2.1. Department of Defense standards:

Safety: In addition to requirements specified in the General Provisions, AFI 91-203 shall be complied with as applicable.

• CONTRACTOR will also comply with applicable sections of EM 385-1-1, U.S. Army Corps of Engineers Safety and Health Requirements Manual.

12.2. Fire Protection:

• CONTRACTOR will be responsible to comply with the provisions of AFI 40-102/Tobacco use in the Air Force, Chapter 2, Chapter 4 and Chapter 6.

• The contractor shall also be responsible to ensure that all contractor employees understand that there will be no smoking inside of any U.S. Government facility at any time during performance of work under this contract. Any CONTRACTOR employee found smoking in any U. S.

Government facility will be removed from the work site by the COR/RA.

2.1.1. Hours of Operation:

Normal duty hours are defined as: 0900-1700, Monday through Friday, excluding Federal and National holidays. The TCT-4 bullet trap or supporting equipment conflicts with an Air Force mission requirement, the CONTRACTOR shall schedule the work 30 days in advance to minimize the disruption. Such scheduling may require work to be accomplished at times other than normal duty hours, as stated above and will be coordinated with the COR.

Due to the nature of Air Force operations, unforeseen conflicts that arise during or leading to the Contractor’s performance of scheduled work cannot be predicted with any certainty. Conflicts that arise will be dealt with on a case by case basic between the CONTRACTOR and COR, however these actions shall not at no times allow the COR or Contractor to make any changes to the Terms and Conditions of the contract without written notification of the Contracting Officer.

2.1.2. Installation Security Requirements: Contractor Employee Pass, Identification and Vehicle Passes: The CONTRACTOR shall obtain base identification and vehicle passes, if required, for all CONTRACTOR personnel who make frequent visits to or perform work on Kunsan Air Base.

Contractor Employee List:

• This document shall list every employee requiring access to Kunsan Air Base for the purpose of servicing/repairing TCT-4 Bullet Trap system, allowing them installation access. Every time employees change, this document it shall be updated to reflect additions and/or deletions. For work locations please use building numbers or areas (i.e. Bldg 590, SFS). Once completed, email the list to the COR in EXCEL or WORD format. The COR will then prepare and attach a cover letter, and forward the Employee List to the Pass and Registration Section.

• Upon notification that the Employee List has been completed and forwarded to the Visitor Control Center, CONTACTOR personnel will be allowed entry to Kunsan Air Base.

• During performance of the contract, the CONTRACTOR shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials for any employee who no longer requires access to the work site.

• Failure to comply with these requirements may result in withholding of final payment to

CONTRACTOR.

Vehicle Passes:

• If an employee will be driving on Kunsan Air Base they are required to provide a valid driver’s license, vehicle registration, and proof of insurance on the vehicle they are operating at time of entry.

• CONTRACTOR-owned vehicles are subject to 100% security search prior to installation access.

• Failure to comply with these requirements may result in denial of access to instillation as well as withholding of final payment to CONTRACTOR.

3. Requirements:

3.1. General: CONTRACTOR shall provide maintenance services according to this SOW, which is proposed for continued safe operation of the TCT-4 total containment bullet trap system located at the live fire range at Kunsan AB, Republic of Korea. The Contractor shall perform a firing range operational assessment that includes inspection and maintenance that will be conducted on a one (1) time basis. The Inspections and maintenance will include repair and replacement of broken and worn TCT-4 system parts so that the system is returned to its normal functionality. The Inspections and maintenance are required to maintain the TCT-4 bullet trap system in a safe operational condition and removal of all lead/frangible and discarded material from the installation. Any and all replacement parts used on the existing TCT-4 bullet trap shall conform to the same standards and specifications as the original manufactures equipment. The CONTRACTOR shall submit request for approval if the reapir parts purchase is (are) required.

COR shall ensure the parts/equipment are ordered to its original manufacture . If no receipt is provided, or the contractor is unable to prove the parts were ordered from the original manufacturer, payment is not eligible for the respective parts. The CONTRACTOR will be fully reimbursed for the parts purchased, as long the receipt is from original manufacturer and pre-approved by COR. Reimbursement for parts/equipment ordered will come from the allocated pot of money for parts/equipment designated in the contract. The Contractor shall perform all associated tasks in safe manner.

3.2. Detail tasks: All term requirements are for the contractor to provide the following service/repairs during normal duty hours of (9:00 am – 5:00 pm) Monday through Friday except for Federal and National holidays.

The CONTRACTOR shall provide, the CA facility firing range, all applicable documentation and logs on the maintenance performed on the TCT-4 bullet trap system. The CONTRACTOR may maintain its own records of maintenance off premises and at no expense to the government.

The Contractor shall provide a typed report that documents the condition of the range before the service was conducted.

The Contractor shall provide a typed report that documents the repairs and repair/replacement parts that will/may be required to maintain the system in operational condition quarterly along with the cost associated with the replacement/repair parts for an approval. if approved, Receipt shall be provided to the COR of replacement/repair parts, for proof of parts coming from the original manufacturer. This report will specifically and separately stat what maintenance and repair/replacement parts are required for quarterly maintenance.

The Contractor shall perform the following Inspection and Maintenance Service:

• Tighten all bolts and check anchors to manufactures installation standards.

• Inspect Dust Containment Unit (DCU) and ensure the item is fully operational.

• Open and inspect the (DCU) electrical unit power cables for weathering and debris to manufacturer’s original standards.

• Repair DCU electric motor (if required).

• Insure the DCU deceleration is maintaining a rating above one (1) and below three (3).

• Examine the DCU filter and replace if required and ensure the items are fully operational.

• Insure that the filter compound is applied as per the manufactures standards.

• Inspect for TCT plate separation; correct plate deflection if out of alignment.

• Inspect TCT canister gaskets (insure usability) is not weathered or worn out (replace if necessary).

• Check to insure no gouges in the TCT Modular Plates and ensure the items are fully operational.

• Turn over TCT Modular Plates (this prevents bowing) and ensure the items are fully operational.

• Inspect and replace TCT HP Flat Joints (if Necessary) and ensure the items are fully operational.

• Inspect trap baffles and ensure the item is fully operational.

• Inspect all plates, joint strips, deflectors and collection chambers for wear and fit and ensure the items are fully operational.

• Inspect air compressor and ensure the item is fully operational.

• Run comprehensive test of all trap functions and report deficiencies.

• Inspect and clean below the bullet trap (i.e. mud/lead builds up, etc.) and ensure the items are fully operational).

• Clean and secure all enclosures and ensure the items are fully operational.

• Clean gun powder residue off of concrete floors.

• Clean lead dust residue off of floors, walls and ceilings.

• Replace worn bullet splitters and ensure the items are fully operational.

• Remove lead/frangible ingots from deceleration chambers and ensure the items are fully operational.

• Repair air compressor to operational condition (if required).

• Drain and replace compressor oil, examine any belts for wear issues and ensure the item is fully operational.

• Empty all lead/frangible collection canisters and dispose IAW with local regulations or Korean Laws.

• Coordinate lead disposal with Hazardous Waste Shop as needed.

• Replace broken lead/frangible collection Canisters and ensure the items are fully operational.

• Replace broken or missing shims and ensure the items are fully operational.

• Paint decelerator units with rust preventative as per manufacturer standards.

3.2.1. Repair Parts:

• All replacement parts must be purchased from Action Target the original manufacture of the TCT-4. All original receipts of all parts shall be provided to COR for proof.

• In the event that the parts have been discontinued by the manufacture the contractor will ensure replacement/repair parts are compatible with the existing equipment and/or a certified substitute of the original manufacturer equipment and will be researched by contractor and purchased to remain within original manufactures specification. All original receipts of all parts shall be provided to COR for proof.

• The contractor shall provide the U.S. Government with any warranty documentation for any replacement/repair parts.

• All replacement/repair parts must be compatible with the existing equipment and/or a certified substitute of the original manufacturer equipment and will be researched by contractor and purchased to remain within original manufactures specification. All original receipts of all parts shall be provided to COR for proof.

• All materials shall be new and the standard products of a manufacturer regularly engaged in the manufacturing of such materials. All lead and discarded material must be removed from the installation in accordance with local policy and environmental regulations.

• The CONTRACTOR will be fully reimbursed for the parts purchased, as long the receipt is from original manufacturer and pre-approved by COR. Reimbursement for parts/equipment ordered will come from the allocated pot of money for parts/equipment designated in the contract.

3.2.2. Warranty: The contractor shall provide the U.S. Government with any warranty documentation for any replacement/repair parts. The contractor will provide a 12 month written warranty to the U.S. Government for all contractor labor performed. All replacement/repair parts shall be covered by the standard manufacturer’s warranty for commercial items.

3.2.3. Inspection and Acceptance: The COR personnel will conduct an inspection during and immediately following the work, to ensure the quality and quantity of work meets expectations and fulfillment of contract. Any deficiency found during or immediately following such inspection shall be corrected by the CONTRACTOR as per the Performance Requirements Summary.

The Contractor will inform the COR at least thirty (30) days notice prior to each concrete placement, field test, protective coating, weld application, or any other work deemed to require inspection. CONTRACTOR will also give at least seven (7) working days written notification of the pre-final and final inspection.

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 Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 01-SEP-2016 TO

31-AUG-2017

N/A 8 SFS

TSGT BURNETT

8 SFS/S-4, BLDG 826

KUNSAN AIR BASE, KUNSAN

APO 96264

KOREA (THE REPUBLIC OF)

782-4641 FOB: Destination

F2L3SF

0002 POP 01-SEP-2016 TO

31-AUG-2017

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

F2L3SF

Section G - Contract Administration Data

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.212-1 Instructions to Offerors--Commercial Items OCT 2015 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

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

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (MAR 2016)

(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 clause in 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 (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

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

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 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.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi)

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

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

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

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

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 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.

(xviii) 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 within 30 Calendar days prior to contract expiration.

(End of clause)

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

(a) Definitions. As used in this clause—

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

“Coercion” means—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“Severe forms of trafficking in persons” means—

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) Charge employees recruitment fees;

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

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

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

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

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

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

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

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

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

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

(c) Contractor requirements. The Contractor shall—

(1) Notify its employees of—

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

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

Document Title: USFK Regulation 190-2 Document may be obtained from:

http://8tharmy.korea.army.mil/g1_AG/Programs_Policy/UploadedFile/USFK/USFK_Reg_190-2_Off- Limits_Areas_and_Establishmentse.pdf Applies Performance to in/at: Republic of Korea Document Title: USFK Command Policy Letter #12 Document may be obtained from: http://www.usfk.mil/usfk/Uploads/140/USFK%20CPL12.pdf

Applies Performance to in/at: Republic of Korea

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

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

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

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

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

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

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

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

(2) Requiring the Contractor to terminate a subcontract;

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

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

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

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

(7) Suspension or debarment.

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

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

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

(g) Full cooperation.

(1) The Contractor shall, at a minimum—

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

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

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

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

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

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

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

(iii) Restrict the Contractor from—

(A) Conducting an internal investigation; or

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

(h) Compliance plan.

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

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

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

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

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

(ii) To the nature and scope of the activities to be performed for the Government, including the number of non- United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons.

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

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

(ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org.

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

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

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

(4) Posting.

(i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the compliance plan to each worker in writing.

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

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

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

(ii) After having conducted due diligence, either—

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

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

(i) Subcontracts.

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

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

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

(2) If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission prior to the award of the subcontract and annually thereafter. The certification shall cover the items in paragraph (h)(5) of this clause.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.arnet.gov/far http://www.hill.af.mil

(End of provision)

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.

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (JUN 2015)

(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is--

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from [ ___ Contracting Officer to insert applicable information cited in PGI 225.372-1].

5152.204-4018 IDENTIFICATION OF CONTRACTOR'S EMPLOYEES

(a) All persons hired by the Contractor for performance under this contract requiring entry to a U.S. Government installation shall be processed through the Contracting Officer, or his/her representative, and approved for entry as required by: (1) for Contractors requiring entry onto an U.S. Army installation, AR 604-5, AR 606-15, (2) for Contractors requiring entry onto an U.S. Air Force installation, AFR 125-37, AFR 205-32, and AFR 125-3. USFK Reg 190-7 is applicable to both Army and Air Force installations. Additional requirements may be necessitated by local supplements to the above-mentioned regulations.

(b) In addition, the contractor shall ensure that each of its employees requiring entry possesses an identification badge or pass as may be required: (1) by the Provost Marshall for the area in which the contract work is to be performed, for entry onto U.S. Army installations; or (2) by the Pass and Registration Office (Security Police) for the applicable installations for entry onto the U.S. Air Force installations. Each employee shall be required to wear his badge upon his person at all times while on duty within a U.S. Government installation or at such times and places where identification is required. In the event that the Contractor’s employment of anyone for performance of this contract terminates or is suspended, or that any contractor employee otherwise is removed from performance of this contract, the Contractor shall recover from each such employee all identification items, including passes, that tend to associate the employee with this contract, and shall return to the Contracting Officer any such identification items and passes that the Government previously issued.

(c) In the event that services to be performed entail access to restricted areas, all Contractor personnel requiring such access shall be required to have a background investigation, DD Form 441. The Contractor will submit to the COR (or to the Contracting Officer if a COR is not appointed), within 5 calendar days after date of contract award, a list of its employees who will require a background investigation in accordance with this provision.

5152.229-4013 TAX EXEMPTION, SPECIAL EXCISE TAX, REPUBLIC OF KOREA

This clause is in implementation of Article XVI of the Status of Forces Agreement between the Republic of Korea and the United States, granting Contractors exemption from Republic of Korea Special Excise Taxes. At the time this contract is awarded the Contractor shall indicate to the Contracting Officer which items will be purchased for the contract that are subject to Special Excise Tax. It shall indicate the name of the item, the number of units to be purchased, the cost per unit without tax, the percentage of tax, the tax amount per unit, the total tax, and the manufacturer of the item. The Contracting Officer will verify the reasonableness of the quantities claimed and ensure that the Contractor has certified that the contract price excludes Special Excise Tax on those items subject to the tax. The contractor shall purchase the special-excise-taxed items from the manufacturer, tax-inclusive. For construction and single-delivery type supply and service contracts, the contractor shall employ the following procedure: At the time it purchases the items it shall present the manufacturer with a notification letter requesting refund of the Special Excise Tax. (Copies of this letter can be obtained from the 411th CSB, Korea Contracting Officer.) The manufacturer will endorse the letter to the manufacturer's District Tax Office which will make refund to the manufacturer. The manufacturer will make subsequent refund to the Contractor. Requests for refund under requirements-type contracts will be submitted monthly and will be accompanied by copies of the USFK delivery orders issue

5152.229-4014 TAX EXEMPTION, VALUE ADDED TAX, REPUBLIC OF KOREA

This clause implements Article XVI of the Status of Forces Agreement between the Republic of Korea and the United States of America, which exempts contractors from paying the Republic of Korea Value-Added Taxes.

When the contractor submits an offer, it shall certify to the Contracting Officer that all the costs in the offer will be exclusive of any Value-Added Tax; and further, that the proposed contract price includes no Value-Added Tax. The contractor shall also indicate the amount and type of Value-Added Taxes excluded from the contract price. If supplies and/or services which the contractor purchases for this contract include Value-Added Taxes, it can obtain a full refund for the amount of the Value-Added Tax by submitting to the ROK District Tax Office tax invoices which the contractor receives when it purchases materials and/or services for this contract. The contractor must submit a copy of the USFK contract with its first tax invoice submission. Subsequent tax invoice submissions must be accompanied by a letter which references the USFK contract submitted with the first tax invoice submission.

Section K - Representations, Certifications and Other Statements of Offerors

5152.204-4032 REPRESENTATIONS AND CERTIFICATIONS

(a) SUBCONTRACTING:

If the offeror contemplates subcontracting, it must obtain prior written approval of subcontractor from the PCO or ACO, and list below: (1) the names and addresses of the subcontractor(s), (2) the type of subcontracting, and (3) the estimated price for each subcontract.

(b) AFFILIATED OFFERORS:

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

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

(i)…