W90VN7-16-T-0024_HAZMAT_container.doc

411th CSB Kunsan Airbase, Unit 2112, APO AP 96264 Subject: HAZMAT Container

Solicitation Number: 90VN7-16-T-0024 Closing Response Date: 19 Sep 2016 @ 1300 (1pm) Korea Standard time Points of Contact:

MR. PAK, SANGKU

COMMERCIAL 063-470-8192, or from the U.S.: 011-8263-470-8192

SANGKU.PAK2.LN@MAIL.MIL

I. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR subpart 12.6, as supplemented with additional information included in this notice. The procedures of FAR Parts 13, 14 and 15 may be used in this particular acquisition. This announcement constitutes the only solicitation; quotes are requested and a written solicitation will not be issued.

II. The solicitation number is W90VN7-16-T-0024 and is issued as a Request for Quotation.

III. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-89.

IV. Potential offerors are to quote on the following line items:

The Government intends to award a Firm Fixed Price contract for the following Contract Line item Description Quantity and Unit of Issue.

HAZMAT Storage building (container)

Size of building: W84 in. x H100 in. x D60 in.

Material : Galvanized Steel Color : Gray

Specification :Meets all Standards OSHA, EPA, NFPA, FM, UL

See statement of work for detailed specification.

HAZMAT Storage Building (container) 4 HR Rated 16x55 GAL

Size: W120 in. x H100 in. x L96 in.

Material: Galvanized Steel Color : Gray

Specification: Meets all Standards OSHA, NFPA, EPA

See statement of work for detailed specification.

FAR 52.212-1, Instructions to Offerors -- Commercial Items (APR 2014), applies to this acquisition.

STATEMENT OF WORK

HAZMAT (Hazardous Material) Storage Building (Container) 915, 3078 & 2540

1. The requirements for this scope of work are to supply new HAZMAT Storage Buildings (Container) to 915, 3078 & 2540, Kunsan Air Base, Republic of Korea.

2. Specification of HAZMAT Storage Building (Container).

Number of container required: 2 each. The specification shall be as shown below.

a. The HAZMAT Storage Buildings (Container) meet all OSHA, NFPA, and EPA requirements.

b. Outdoor Storage Building (Container) 2 HR Fire Rating 6x55 gal.

c. Dimensions: width 84in, height 100in, and depth 60in.

d. Drum Capacity 7310 LB Load Capacity, 102gal Sump Capacity Height 100 In. Width 84 Inch Depth 60 Inch

e. Door Type Manual Number of Doors 1 Key Lock Type Keyed Lock Set.

f. Handle Material Galvanized Steel Gray Standards OSHA EPA NFPA FM UL B600XFR2 SECURALL 4UDE1.

Number of container required: 1 each. The specification shall be as shown below.

a. Storage Building (Container), 4 Hr. Rated, 16x55 Gal., 4JRJ9.

b. Hazmat Storage Building (Container), 4 Hour Fire-Rated, Load Capacity 17800 Lb.,

c. Spill Capacity 289 Gal., Number Drums 16, Length 96 In., Width 120 In., Height 100 In.

d. Galvanized Grating, Material Metal, Color Building Gray, Standards Factory Mutual 6049 July 1 2009

NFPA30, NFPA70, Uniform Building Code, IBC, UFC.

e. Outdoor Drum Storage Buildings (Container) Rated for the storage and dispensing of Class 1A or Class 1B liquids.

f. Buildings (Container) have all-welded construction with 20-ga. cold-rolled interior walls.

g. Exterior walls are 16-ga. galvanneal steel for 2- to 12-drum capacity; 12-ga. galvanneal steel for 16-drum capacity.

h. Includes keyed lock set handle with inside release, explosion-relief panel, leak-tight sump, and removable galvanized steel floor planking.

i. Forklift channels for easy relocation. 4 bolt-down plates and multiple static ground connections.

j. Meet OSHA, NFPA, and EPA 40 CFRFM Class 6049 approved. S.M.A.R.T. Certified.

3. All storage buildings (Container) shall be installed by contractor on a varied time installation period of no more than three calendar days after it is delivered to the site. All replaced buildings will be removed from by contractor, loaded on delivery/trucking agent vehicle and transported to Bldg. 915, 3078 & 2540, to the rear of the building, placed to the side of the DRMO load ramp.

4. The contractor shall work in concert with the delivery/trucking agent to determine the exact delivery date and time of the storage buildings (Container) shipment. The contractor shall be responsible for off-loading the storage buildings (Container) from the truck(s) to designated area(s) and complete installation. All storage buildings (Container) will be delivered to specified destination(s).

5. The contractor shall be responsible for ensuring all storage buildings (Container) are properly assembled (as required), installed and placed in designated location(s). Storage buildings (Container) must be setup in accordance with the site representative’s direction during installation. The contractor shall ensure all buildings (Container) are ready to use and fully operational upon completion of installation.

6. The contractor shall be responsible for timely delivery, proper assembly (as required), installation, receipt and staging of the buildings (Container), all accessories, functionality, and disassembly of outgoing storage buildings (to include loading and unloading), trash removal and clean up. Additionally, the contractor shall provide any required special equipment necessary to transport outgoing storage buildings (Container) or discard trash.

7. The contractor is responsible for all subsequent damages incurred while performing building (Container) installation. All work will be performed during normal work hours Monday – Friday from 0800 until 1700. Weekend and extended work hours may be considered as an option, but are not guaranteed.

ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO THE OFFEROR(S)

1. The quotation with item description must be conforming to the requirement, and must be submitted to Federal Business Opportunities (FBO) (https://www.fbo.gov/). The electronic proposal shall be submitted by 1300 hrs (Korea Standard Time) on the closing date of RFQ. All questions should be sent to sangku.pak2.ln@mail.mil within three (3) days after the solicitation issued date.

If FBO is not available, the reason is required to be explained in the email when the proposal is sent via email to both sangku.pak2.ln@mail.mil and stephen.m.pastore.civ@army.mil.

2. Proposal Preparation Instructions. The offeror quotation must demonstrate a clear understanding of the solicitation requirement. Failure to provide a complete proposal may reflect lack of understanding of the requirements and may result in a determination that the offeror is technically unacceptable.

3. The offeror(s) shall submit the following requirements IAW para. 1 above.

a. Price Schedule

b. Technical Proposal:

Must provide the drawing of storage building (container) with the description conforming to the satatement of work. Drawing must clearly identify the dimensions.

Failure to submit the above requirements may be grounds for determining the proposal to be technically unacceptable and ineligible for contract award.

4. Specify the delivery lead time.

5. Award shall be made based on all or none basis.

6. In accordance with FAR 25.1002, solicitations for contracts to be entered into and performed in Korea, to ensure a fair evaluation of offers, the Government will use the Korea Exchange conversion rate as ₩1,163.0138(Korea)/$1.00(US Dollar).

BASIS OF AWARD

The Government will award a contract resulting from this solicitation to the responsible offeror having submitted the lowest-priced, technically acceptable offer that satisfies all terms and conditions of this solicitation. The following factors shall be used to evaluate quotations:

►Factor A : Price Schedule

►Factor B : Technical The drawing of storage building (container) with the description conforming to the satatement of work will be evaluated as the basis of technically acceptable or unacceptable offeror.

Failure to submit the above requirements may be grounds for determining the proposal to be technically unacceptable and ineligible for contract award.

Note: To be determined responsible, a prospective contractor must meet FAR 9.104-1 General standards.

SHIPPING INFORMATION

1. FOR US VENDORS:

SURFACE deployment AND DISTRIBUTION COMMAND (sdDC) SHIPPING INSTRUCTIONS

The contractor should contact the SDDC for cargo booking and shipping instructions. A Return Receipt should be purchased for the proof of delivery. The Receiving Officer’s name is stated in “ULTIMATE CONSIGNEE/ MARK FOR” below.

2. Upon completion of the cargo booking arrangement, the contractor shall provide the following information to the 411th Contracting Support Brigade, Korea (POC: Mr. Pak, sang Ku at sangku.pak2.ln@mail.mil and TSgt Haslett, Nathaniel R. nathaniel.haslett@us.af.mil):

1) POC for Shipping Company

2) Name of vessel

3) Voyage Number

4) ETA at Busan Port

3. The contractor shall ship all items within 30 days after receipt of orders to the below paragraph 4.

4. In order the government to create the Transportation Control #, the contractor shall provide the DIMS to TSgt Haslett, Nathaniel R. at nathaniel.haslett@us.af.mil and Mr. Pak, Sang Ku at sangku.pak2.ln@mail.mil).

TCN: XXXXXX-XXXX-XXXXXXX

CONTRACT NUMBER:

TRANSPORT ACCOUNT CODE: XXXX

ULTIMATE RECEIVING OFFICER/ MARK FOR:

8Th Aircraft Maintenance Squadron

Kunsan Airforce Base

UNIT #15746, APO AP 96218-6746

POC: TSgt Haslett, Nathaniel R.

(Commercial) 011-82-63-470-4299/ (DSN) 782-4299.

E-mail: nathaniel.haslett@us.af.mil

5. FOR LOCAL VENDORS:

8Th Aircraft Maintenance Squadron

Kunsan Airforce Base

UNIT #15746, APO AP 96218-6746

POC: TSgt Haslett, Nathaniel R.

(Commercial) 011-82-63-470-4299/ (DSN) 782-4299.

E-mail: nathaniel.haslett@us.af.mil

6. INSPECTION AND ACCEPTANCE: Inspection for condition, quality count and final acceptance of the supplies delivered under this purchase/delivery order shall be conducted by Receiving Officer or his authorized representative at the final destination point in Korea.

7. Partial delivery and partial payment are not authorized.

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 forWorkers with Disabilities (Jul 2014) (29 U.S.C. 793).

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

(b) 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.

(c) 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).

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

(2) 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.)

(3) 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)

(4) 52.222-54, Employment Eligibility Verification (Aug 2013).

(5) 52.222-55,MinimumWages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(6) 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).

(7) 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.

(8) 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) FAR 52.209-6, Protecting the Governments’ Interest When Subcontracting with Contractors FAR 52.212-4: Contract Terms and Conditions -- Commercial Items (May 2015) FAR 52.222-3, Convict Labor; (June 2003) FAR 52.222-19, Child Labor – Cooperation with Authorities and Remedies; (FEB 2016) FAR 52.222-21, Prohibition of Segregated Facilities; (Apr 2015)

FAR 52.222-26, Equal Opportunity; (Apr 2015) FAR 52.222-50, Combating Trafficking in Persons (Mar 2015)– FAR 52.223-18, Encouraging Contractor Policies to Ban Test Messaging while Driving; (Aug 2011) FAR 52.225-13, Restrictions on Certain Foreign Purchases; (Jun 2008)

FAR 52.232-33, Payment by Electronic Funds Transfer; (Jul 2013) FAR 52.233-3, Protest After Award (Aug 1996) FAR 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels; (Feb 2006) The following provisions and clauses also apply to this acquisition:

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://farsite.hill.af.mil

DFARS 252.225-7041 CORRESPONDENCE IN ENGLISH (JUNE 1997)

DFARS 252.232-7003, Electronic Submission of Payments Requests and Receiving Reports; (June 2012) DFARS 252.232-7006, Wide Area WorkFlow Payment Instructions; (Jun 2012) DFARS 252.232-7010, Levies on Contract Payments; (Dec 2006)

DFARS 252.244-7000, Subcontracts for Commercial Items; (Jun 2013) DFARS 252.247-7023, Transportation of Supplies by Sea; (Apr 2014)

5152.204-4032 REPRESENTATIONS AND CERTIFICATIONS

(a) SUBCONTRACTING:

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

(b) AFFILIATED OFFERORS:

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

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

(i) Whether the offeror has any affiliates;

(ii) The names and addresses of all affiliates of the offeror; and

(iii) The names and addresses of all persons and concerns exercising control or ownership of the offeror and any or all of its affiliates, and whether they are common officers, directors, stockholders holding controlling interest, or otherwise.

AFFILIATED CONCERNS. : (Name, location and, in detail, controlling interest in each)

(c) PRINCIPAL OWNER(S) OR STOCKHOLDER(S):

Each offeror shall list below the name(s) and address(es) of the principal owner(s) or stockholder(s) of the company and percentage of ownership. If a major portion is publicly traded and/or otherwise widely distributed, state that, with the percentage so affected.

(d) STANDARDS OF CONDUCT CERTIFICATION:

This is to certify that, to the best of my knowledge and belief, except as described below, no representative of this firm who deals with US Government employees on any aspect of this procurement is a former US Government employee, to include former US military personnel. I understand that this certification is continuing in nature and places a duty on me and my firm to notify the Contracting Officer of any additional individual(s) who fit the above description prior to the individual's assuming duties.

(i) Name ______________________________________________

Former rank/grade ____________________________________

Last US Government position ___________________________

(ii) Name ______________________________________________

Former rank/grade ____________________________________

Last US Government position ___________________________

(iii) Name ______________________________________________

Former rank/grade ____________________________________

Last US Government position ___________________________

Firm ____________________________________________________

Name _____________________________________________________

Signature __________________________________________________

Title _____________________________________________________

Date of Execution ____________________________________________

(e) TAXES:

(1) References:

(i) Contract clause entitled "FAR 52.229-06 Taxes—Foreign Fixed-Price Contracts (Jan 1991)."

(ii) US-ROK Status of Forces Agreement (SOFA), Articles IX and XVI.

(iii) ROK Customs Law, Law No. 1976, promulgated on 29 November 1967, as amended.

(iv) ROK Value Added Tax Law, Law No. 2934, promulgated on 22 December 1976 (effective date 1 July 1977), as amended.

(v) ROK Special Excise Tax Law, Law No. 2935, promulgated on 22 December 1976 (effective date 1 July 1977), as amended.

(2) Contractor shall state the types and estimated amount of taxes that would normally apply to such transactions but are excluded from this proposal.

(i) Customs Tax (except for ROK MND-funded contracts or delivery orders):

Name Number Cost/Unit of Item of Units w/o Tax % of Tax Tax/Unit Tax Total

This item will be imported specifically for this contract? Yes _____ No _____

(ii) Special Excise Tax:

Name Number Cost/Unit of Item of Units w/o Tax % of Tax Tax/Unit Tax Total

Name of item manufacturer

(iii) Value Added Tax (VAT):

Input VAT on materials purchased for this contract. 10% _____

Input VAT on transportation leased/rented for this contract.10% _____

Input VAT on equipment leased/rented for this contract. 10% _____

Input VAT on services purchased for this contract. 10% _____

Output VAT on total contract amount. 10% _____

(iv) Special Excise (Petroleum) Tax:

No. of U/P

Liters w/o Tax Tax/Unit Total Tax Amount

Regular Gasoline ________ (L) ________ w________ w_____________

Premium Gasoline ________ (L) ________ w________ w_____________

Diesel ________ (L) ________ w________ w_____________

Other ________ (L) ________ w________ w_____________

(v) Education Tax.

(3) Name of the oil company from which POL products will be purchased:

Oil Company: _________________________________________ (Name only)

(4) I certify by this submission that all supplies and services to be purchased for this contract have been proposed exclusive of Value Added Tax, applicable Customs Tax (except ROK MND-funded contracts and delivery orders), Special Excise Tax, and Education Tax.

Signed (Chop)

(f) CERTIFICATIONS AND REPRESENTATIONS

By submitting an offer, each offeror agrees to be bound by all certifications and representations in this solicitation. The Government reserves the right to require any and all certifications and representations to be completed and signed in hard copy by the successful offeror prior to contract award. Failure of an offeror to complete the certifications and representations within the time directed by the Contracting Officer may result in a determination that the contractor is not a responsible offeror for this acquisition.

5152.229-4012 TAX EXEMPTION, CUSTOMS, REPUBLIC OF KOREA

(a) EXEMPTION: This clause is in implementation of Article IX of the Status of Forces Agreement between the Republic of Korea and the United States of America granting contractors exemption from Republic of Korea customs duties and other such charges. At the time this contract is awarded, the Contractor shall certify to the Contracting Officer that all materials, supplies, and equipment to be imported for the contract have been proposed to the Government exclusive of customs duties and other such charges and; further, that the contract price includes no customs duty whatsoever. It shall indicate to the Contracting Officer the total amount of customs duties excluded from the contract price. The USFK Contracting Officer will verify the amount of customs duty that would otherwise be applicable to the contract and will issue USFK Form(s) 75 to the Contractor. The contractor will submit the original USFK Form 75 to the governing ROK Customs Office at the time of import declaration. The Chief of the Customs Office will review the USFK Form 75 and will exempt the Contractor from customs duties and other such charges.

During the review process the customs office will post on the Contractor's Import Permit the anticipated submission date for a completed USFK Form 76, which will be prepared by the Contracting Officer and given to the contractor immediately after contract performance. The Contractor will submit the original USFK Form 76 to the governing ROK Customs Office no later than the date posted on the Import Permit. If the USFK Form 76 is not submitted by the anticipated date, the ROK Customs Office will immediately collect the customs duties and other such charges previously exempted.

(b) If for any reason the Contractor has paid customs duties on materials, supplies, or equipment prior to award of this contract and desires to use such materials, supplies, or equipment for performance of this contract, the Contractor must exclude such duties from the contract price and may obtain refund of such previously paid duties by submitting a completed USFK Form 76 to the governing ROK Customs Office.

(c) Refund: Any Contractor that requires refund of customs duties and other such charges on items used for USFK contracts, can claim refund of such charges by submitting a copy of a completed USFK Form 76 to the governing ROK Customs Office

(d) This entire clause is inapplicable to contracts, or any portions of contracts, funded by the Republic of Korea.

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 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.

5152.229-4015 TAX EXEMPTION, POL PRODUCTS, REPUBLIC OF KOREA

(a) This clause is in implementation of Article XVI of the Status of Forces Agreement between the Republic of Korea and the United States of America, granting Contractors exemption from Republic of Korea taxes for petroleum products (POL) utilized on USFK acquisitions in the Republic of Korea. At the time this contract is awarded, the Contractor shall make a final nomination in writing of its point of purchase for POL products to be used on this contract. If the Contractor intends to purchase directly from an oil company refinery, it may nominate any of the three ROK oil companies below which have agreed to sell to Contractor FOB refinery at the SET-exempt price.

List of Oil Companies and their Respective Tax Offices

(e) Hyundai Oil Refinery Co., Ltd.:

Dong-Inchon District Tax Office ATTN: POL Tax Administrator Inchon City, Korea

(f) SK Corporation:

Ulsan District Tax Office ATTN: POL Tax Administrator Ulsan City, Kyongsan Nam Do, Korea

(g) LG Caltex Company:

Yosu District Tax Office ATTN: POL Tax Administrator Yosu City, Chonla Nam Do, Korea

(b) If the contractor instead intends to purchase its POL products from an individual gasoline station, the Contracting Officer will advise the contractor as to which individual gasoline stations will sell to it at the SET-exempt price. The contractor shall specify from which of those stations it will purchase. In addition to specifying the oil company/gas station, the Contractor shall state the estimated quantity and the amount of POL to be purchased from each refinery/gas station. The USFK Contracting Officer will verify the reasonableness of the amounts of POL products claimed for use on the contract and, based on this verification, the USFK Responsible Officer will issue USFK POL Tax Exemption Coupons. If the Contractor wishes to purchase from an individual gas station, it will be required to make advance payment for the amount of POL covered by the coupons. Advance payment will be at the SET-exempt price and will be made to the gas station(s) previously nominated. Representatives from the nominated gas station(s) shall be present at the issuing session. They will collect the advance payments, mark “paid” on the back of the original copy of the coupons issued, and provide the purchasing Contractor with tax invoices to be used by the Contractor to obtain SET refund from its governing ROK District Tax Office. All coupons for construction contracts will be issued at the time of award. Coupons for requirements- type contracts will be issued on a delivery order increment basis or on a monthly basis. Pre-selected oil company refineries will sell their POL products at the SET-exempted prices upon presentation of the coupons. Individual gas stations, which have previously collected POL payment in advance will accept the pre-paid USFK POL Tax Exemption Coupons from contractors and will provide the POL amounts reflected on tendered coupons without any further charge.

5152.233-4703 AMC-LEVEL PROTEST PROGRAM

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. If you want to file a protest under the AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be sent to the contracting officer for resolution.

Headquarters U.S. Army Materiel Command Office of Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Facsimile number (256)450-8840 The AMC-Ievel protest procedures are found at: http://www.amc.army.mil/pa/COMMANDCOUNSEL

HYPERLINK "http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp" .asp If Internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.

(End of Provision)