Solicitation_W90VN7-18-R-0049.pdf
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Solicitation for Portland cement concrete RMSA II.
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SEE ADDENDUM
(No Collect Calls)
W90VN718R0049 22-Aug-2018
b. TELEPHONE NUMBER
755-9304
8. OFFER DUE DATE/LOCAL TIME
01:00 PM 29 Aug 2018
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
MS. CHOI, HYUN K.
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
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
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 F3J0MM 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
554 RED HORSE
LT. BLASER
554 RHS/DOP
OSAN AB, KOREA
APO AP 96278
UNITED STATES
TEL: 01044031405 FAX:
FAX:
TEL: 0503-354-9930 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$15,000,000
NAICS:
238110
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF30
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.
W90VN718R0049
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1,915 Cubic
Yard
Concrete 650 PSI
FFP
Concrete 650 psi Flexural strength 25mm (1") nominal max aggregate size, 100mm (4") slump must meet all requirements in Statement of WorkRequirements Description- Concrete 650 psi Flexural strength 25mm (1") nominal max aggregate size, 100mm (4") slump must meet all requirements in Statement of Work FOB: Destination
PSC CD: 5680
NET AMT
Section C - Descriptions and Specifications
PORTLAN CEMENT RMSA II
STATEMENT OF WORK: PORTLAND CEMENT CONCRETE RMSA II
GWANGJU AB, SOUTH KOREA
1. DESCRIPTION OF SERVICES
The contractor will provide delivery of 1915 Cubic Yards of concrete to Gwangju AB, South Korea. Contractor shall provide concrete made from approved materials, and follow all specifcations shown below, and all applicable UFC and UFGS guidance. All concrete placement in the formwork will be done by government labor. Any delivery not meeting the specification at time of delivery shall be rejected at contractor’s cost.
1.1 CEMENTITIOUS MATERIALS
Provide cementitious materials consisting of portland cement, or only portland cement in combination with supplementary cementitious materials (SCM), that conform to appropriate specifications listed below. New submittals are required when the cementitious materials sources or types change.
1.1.1 Portland Cement
Provide portland cement conforming to ASTM C150/C150M, Type I, II, low alkali cement.
1.1.2.1 Fly Ash
If fly ash is used, provide fly ash that conforms to ASTM C618, Class F, including the requirement for uniformity and effectiveness in controlling Alkali-Silica reaction with a loss on ignition not exceeding 6 percent. Provide Class F fly ash for use in mitigating Alkali-Silica Reactivity with a total equivalent alkali content less than 3 percent.
1.1.2.2 Raw or Calcined Natural Pozzolan
If pozzolan is used, provide natural pozzolan that is raw or calcined and conforms to ASTM C618, Class N, including the optional requirements for uniformity and effectiveness in controlling Alkali-Silica reaction with a loss on ignition not exceeding 6 percent. Provide Class N pozzolan for use in mitigating Alkali-Silica Reactivity with a total equivalent alkali content less than 3 percent.
1.1.2.3 Ultra Fine Fly Ash and Ultra Fine Pozzolan
If these materials are used, provide Ultra Fine Fly Ash (UFFA) and Ultra Fine Pozzolan (UFP) that conforms to ASTM C618, Class F or N, and the following additional requirements:
a. The strength activity index at 28 days of age of at least 95 percent of the control specimens.
b. The average particle size not exceeding 6 microns.
1.1.3 Slag Cement
If this material is used, provide slag cement (ground-granulated blast-furnace slag) that conforms to ASTM C989/C989M, Grade 120.
1.1.4 Supplementary Cementitious Materials (SCM) Content
Use of one of the SCMs listed below is optional, unless the SCM is required to mitigate ASR.
TABLE 1:SUPPLEMENTARY CEMENTITIOUS MATERIALS CONTENT
Supplementary Cementitious Material
Minimum Content (percent)
Maximum Content (percent)
Class N Pozzolan and Class F Fly Ash
SiO2 + A12O3 + Fe2O3 > 80 percent
20 35
SiO2 + A12O3 + Fe2O3 > 90 percent
15 35
UFFA and UFP 7 16 Slag Cement 40 06
1.2 AGGREGATES
1.2.1 Aggregate Sources
1.2.1.1 Durability of Coarse Aggregate
Evaluate and test all fine and coarse aggregates to be used in all concrete for durability in accordance with ASTM C88. Provide fine and coarse aggregates with a maximum of 18 percent loss when subjected to 5 cycles using Magnesium Sulfate or a maximum of 12 percent loss when subjected to 5 cycles if Sodium Sulfate is used.
1.2.1.2 Alkali-Silica Reactivity
Evaluate and test fine and coarse aggregates to be used in all concrete for alkali-aggregate reactivity. Test all size groups and sources proposed for use.
a. Evaluate the fine and coarse aggregates separately, using ASTM C1260.
Reject individual aggregates with test results that indicate an expansion of greater than
0.08 percent after 28 days of immersion in 1N NaOH solution, or perform additional testing as follows: utilize the proposed low alkali portland cement, blended cement, and SCM, or Lithium Nitrate in combination with each individual aggregate. If only SCMs are being evaluated, test in accordance with ASTM C1567. If Lithium Nitrate is being evaluated, with or without SCMs, test in accordance with COE CRD-C 662. Determine the quantity that meets all the requirements of these specifications and that lowers the expansion equal to or less than 0.08 percent after 28 days of immersion in a 1N NaOH solution. Base the mixture proportioning on the highest percentage of SCM required to mitigate ASR-reactivity.
b. If any of the above options does not lower the expansion to less than 0.08 percent after 28 days of immersion in a 1N NaOH solution, reject the aggregate(s) and submit new aggregate sources for retesting. Submit the results of aggregate testing for evaluation and acceptance.
1.2.1.3 Combined Aggregate Gradation
In addition to the grading requirements specified for coarse aggregate and for fine aggregate, provide the combined aggregate grading meeting the following requirements:
a. Provide materials selected and the proportions used such that when the Coarseness Factor (CF) and the Workability Factor (WF) are plotted on a Diagram as described in d.
below, the point and its associated production tolerance thus determined falls within the parallelogram described therein. Refer to AF ETL 97-5 for combined aggregate plot area recommendations for the intended placement technique(s).
b. Determine the Coarseness Factor (CF) from the following equation:
CF = (cumulative percent retained on the 9.5 mm sieve)(100) (cumulative percent retained on the 2.36 mm sieve)CF = (cumulative percent retained on the 3/8 inch sieve)(100) (cumulative percent retained on the No. 8 sieve)
c. The Workability Factor (WF) is defined as the percent passing the 2.36 mm No. 8 sieve based on the combined gradation. Adjust the WF, prorated upwards only, by 2.5 percentage points for each 42 kg 94 pounds of cementitious material per cubic meter yard greater than 335 kg per cubic meter 564 pounds per cubic yard.
d. Plot a diagram using a rectangular scale with WF on the Y-axis with units from 20 (bottom) to 45 (top), and with CF on the X-axis with units from 80 (left side) to 30 (right side). On this diagram, plot a parallelogram with corners at the following coordinates (CF-75, WF-28), (CF-75, WF-40), (CF-45, WF-32.5), and (CF-45, WF-44.5). If the point determined by the intersection of the computed CF and WF does not fall within the above parallelogram, revise the grading of each size of aggregate used and the proportions selected as necessary.
e. Plot the associated production tolerance limits, identified in Table 6, around the CF and adjusted WF point.
1.2.2 Coarse Aggregate
1.2.2.1 Material Composition
Provide coarse aggregate consisting of crushed or uncrushed gravel, crushed stone,or a combination thereof. Provide aggregates consisting of clean, hard, uncoated particles meeting the requirements of ASTM C33/C33M except as specified herein. Provide coarse aggregate that has been washed sufficient to remove dust and other coatings. Provide coarse aggregate with no more than 40 percent loss when subjected to the Los Angeles abrasion test in accordance with ASTM C131/C131M. Provide coarse aggregates with a maximum sodium sulfate soundness loss of 12 percent, or with a magnesium sulfate soundness loss of 18 percent after five cycles when tested in accordance with ASTM C88.
1.2.2.2 Particle Shape Characteristics
Provide coarse aggregates that are angular or subangular in shape. The quantity of flat particles and elongated particles in any size group coarser than the 9.5 mm 3/8 inch sieve are not allowed to exceed 20 percent by weight as determined by the Flat Particle Test and the Elongated Particle Test of ASTM D4791. A flat particle is defined as one having a ratio of width to thickness greater than 3; an elongated particle is one having a ratio of length to width greater than 3.
1.2.2.3 Size and Grading
Provide coarse aggregate with a nominal maximum size of 1.5 inches (25mm). Grade and provide the individual aggregates in size groups meeting the individual grading requirements of ASTM C33/C33M, to meet the coarseness and workability factor criteria for the proposed combined gradation. Additional aggregate size groups may be required to meet the above mentioned coarseness and workability criteria of paragraph
COMBINED AGGREGATE GRADATION.
1.2.2.4 Deleterious Materials - Concrete Pavements
The amount of deleterious material in each size group of coarse aggregate is not allowed to exceed the limits shown in Table 2 below, determined in accordance with the test methods shown.
TABLE 2
LIMITS OF DELETERIOUS MATERIALS IN COARSE AGGREGATE FOR
CONCRETE PAVEMENTS
Percentage by Mass Materials (h) Limit Clay lumps and friable particles (ASTM C142/C142M) 0.2
Shale (a) (ASTM C295/C295M) 0.1 Material finer than 0.075 mm No. 200 sieve (b) (ASTM C117) 0.5 Lightweight particles (c)(ASTM C123/C123M) 0.2 Clay ironstone (d) (ASTM C295/C295M) 0.1 Chert and cherty stone (less than 2.40 Sp. Gr.) (e) (ASTM C123/C123M and ASTM C295/C295M)
0.1
Claystone, mudstone, and siltstone (f) (ASTM C295/C295M) 0.1 Shaly and argillaceous limestone (g) (ASTM C295/C295M) 0.2 Other soft particles (COE CRD-C 130) 1.0 Total of all deleterious substances exclusive of material finer than 0.075 mm No. 200 sieve
1.0
(a) Shale is defined as a fine-grained, thinly laminated or fissile sedimentary rock. It is commonly composed of clay or silt or both. It has been indurated by compaction or by cementation, but not so much as to have become slate.
(b) Limit for material finer than 0.075 mm No. 200 sieve is allowed to be increased to 1.5 percent for crushed aggregates if the fine material consists of crusher dust that is essentially free from clay or shale. Use XRD or other appropriate techniques as determined by petrographer to quantify amount and justify increase.
(c) Test with a separation medium with a density of Sp. Gr. of 2.0. This limit does not apply to coarse aggregate manufactured from blast-furnace slag unless contamination is evident.
(d) Clay ironstone is defined as an impure variety of iron carbonate, iron oxide, hydrous iron oxide, or combinations thereof, commonly mixed with clay, silt, or sand. It commonly occurs as dull, earthy particles, homogeneous concretionary masses, or hard-shell particles with soft interiors. Other names commonly used for clay ironstone are "chocolate bars" and limonite concretions.
1.2.2.5 Testing Sequence for Deleterious Materials in Coarse Aggregate No extension of time or additional payment due to any delays caused by the Testing or evaluation is allowed. The minimum test sample size of the coarse aggregate is 90 kg (200 pounds) for the 3/4 inch and larger maximum size and 25 pounds for the No.
4 to 3/4 inch coarse aggregate.
1.2.3. Fine Aggregate
1.2.3.1 Composition
Provide fine aggregate consisting of natural sand, manufactured sand, or a combination of the two, and composed of clean, hard, durable particles meeting the requirements of ASTM C33/C33M. Provide fine aggregate that has been washed sufficient to remove dust and other coatings. Stockpile and batch each type of fine aggregate separately.
Provide fine aggregate with particles that are generally spherical or cubical in shape.
1.2.3.2 Grading
Provide fine aggregate, as delivered to the mixer, with a grading that conforms to the requirements of ASTM C33/C33M and having a fineness modulus of not less than 2.50 nor more than 3.40.
1.3 CHEMICAL ADMIXTURES
1.3.1 General Requirements
Chemical admixtures may only be used when the specific admixture type and manufacturer is the same material used in the mixture proportioning studies and after approval of a contractor submitted mix design by the government project engineer.
Provide air-entraining admixture conforming to ASTM C260/C260M. Calcium chloride and admixtures containing calcium chloride are not allowed. If used, provide retarding or water-reducing admixture that meet the requirements of ASTM C494/C494M, Type A, B, or D, except that the 6-month and 1-year compressive strength tests are waived.
ASTM C494/C494M, Type F and G high range water reducing admixtures and Type S specific performance admixtures are not allowed. ASTM C1017/C1017M flowable admixtures are not allowed.
1.3.2 High Range Water Reducing Admixture (HRWRA)
High Range Water Reducing Admixtures are NOT PERMITTED except when using Silica Fume. If used, provide a high-range water-reducing admixture that meets the requirements of ASTM C494/C494M, Type F or G, that is free from chlorides, alkalis, and is of the synthesized, sulfonated complex polymer type. Add the HRWRA to the concrete as a single component at the batch plant. Add the admixture to the concrete mixture only when its use is approved or directed, and only when it has been used in mixture proportioning studies to arrive at approved mixture proportions. Submit certified copies of the independent laboratory test results required for compliance with ASTM C494/C494M.
1.4 WATER
Provide water for mixing and curing that is fresh, clean, potable, and free of oil, acid, salt, or alkali. Non-potable water, or water from concrete production operations, may be used if it meets the requirements of ASTM C1602/C1602M.
1.5 SPECIFIED FLEXURAL STRENGTH
Specified flexural strength, R, for concrete is 650 psi at 28 days, as determined by tests made in accordance with ASTM C78/C78M of beams fabricated and cured in accordance with ASTM C192/C192M. Flexural strength test reports will be provided to the government for each order. The contractor will prepare a minimum of 3 concrete test beams per order.
1.6 WATER-CEMENTITIOUS MATERIALS RATIO:
The MAXIMUM allowable water-cementitious material ratio is 0.45. The water-cementitious material ratio is the equivalent water-cement ratio as determined by conversion from the weight ratio of water to cement plus SCM by the mass equivalency method described in ACI 211.1.
1.7 AIR CONTENT:
Provide concrete that is air-entrained with a total air content of 5.0% plus or minus 1.5 percentage points, at the point of placement. Determine air content in accordance with ASTM C231/C231M. Air content will be tested at least once during every order place by either contractor or government personnel.
1.8 SLUMP:
The allowable slump of the concrete at the point of placement is between 75 mm (3 inches) – 127 mm (5 inches). The slump test will be conducted in accordance with ASTM C143 by the contractor or by ACI certified government personnel. The slump test will be performed during preparation of the contractors test samples to verify the mix consistency. The slump test will also be performed by government personnel at the point of placement to verify the consistency of concrete. Concrete that does not meet the above requirements may be refused.
1.9 CONCRETE DENSITY:
Concrete density will be checked using ASTM C138.
1.10 CONCRETE TEMPERATURE:
The maximum concrete temperature allowed is 90F/32.2C at the time of placement. The temperature will be tested in accordance with ASTM C1064.
1.11 MIXTURE PROPORTIONS:
Provide concrete composed of cementitious material, water, fine and coarse aggregates, and admixtures. Include supplementary Cementitious Materials (SCM) choice and usage in accordance with paragraph SUPPLEMENTARY CEMENTITIOUS MATERIALS (SCM) CONTENT. Provide a minimum total cementitious materials content of 470 pounds per cubic yard (278kg/m3). Acceptable admixtures consist of air entraining admixture and may also include, as approved, water-reducing admixture.
2. TESTING AND ACCEPTANCE: Concrete testing and acceptance is the responsibility of the government. Tests will be performed by contractor personnel under observation of the contracting officer’s representative. The type of test and frequency of testing is determined by the government. Flexural strength, air content, slump, temperature, and concrete density will be tested at minimum once per order, additional test will be performed if the consistency of the concrete begins to change. Concrete that does not meet the requirements this specification after being tested at the point of placement may be refused by the government.
3. SCHEDULE: The contractor must be able to deliver a specified quantity of concrete within 3 days notice from the project manager or Contracting Officer’s Representative. Orders will be between 100CY and 400 CY in size. The contractor shall deliver the ordered quantity to match the government’s rate of concrete placement, but at minimum must be able to provide 1 truck every 15 minutes for the entire order. The contractor will provide batch delivery tickets in english with every truck to allow Government personnel to accept delivery.
4. LIABILITY: The contractor shall be liable for any damages resulting from any carelessness or failure to follow proper safety, installation, engineering, or maintenance procedures and standards.
5. GOVERNMENT FURNISHED SERVICES: The government will provide site preparation, concrete placement, fininshing, and quality assurance work.
6. GENERAL INFORMATION
6.1 HOURS OF OPERATION: The normal hours of operation for the project are from 0800 to 1700, Monday through Saturday.
6.2 CONTRACTOR PERSONNEL: The contractor shall provide point of contact (POC) for all contractual matters during all hours of operation. The contractor will provide an English speaking foreman on-site during all deliveries. The POC shall respond within 1 hour during normal duty hours of operation and within 2 hours during non-duty hours to discuss concerns with government personnel designated by the Contracting Officer.
7. SECURITY
7.1 PASS AND IDENTIFICATION ITEMS: 7 days prior to the start of on-site work, the contractor shall submit all applications for base passes for all employees, including sub-contractor employees, and vehicles requiring access to Gwangju Air Base in order to perform under this contract to the project engineer. Contractor information must be resubmitted monthly at least 7 days prior to the beginning of the month.
7.2 RETRIEVING IDENTIFICATION MEDIA: The contractor shall return all identification media and/or visitor passes from employees who depart for any reason before the contract expires; i.e. terminated for cause, reassignment, retirement, etc.
7.3 TRAFFIC LAWS: The contractor and its employees shall comply with base traffic regulations. Traffic regulations include, but are not limited to: Employees shall wear seatbelts when operating or riding in any vehicle (military, company or private owned) while on installation. Be aware of reduced speed limits and exercise caution when driving in base housing and school zones. All vehicle operators on the installation shall not use cell phones unless the vehicle is safely parked or they are using a 100% hands free device.
7.4 FOR OFFICIAL USE ONLY (FOUO): The contractor shall comply with DoD 5400.7-R, Chapter 4, DoD Freedom of Information Act (FOIA) Program, requirements.
This regulation sets policy and procedures for the disclosure of records to the public and for marking, handling, transmitting, and safeguarding FOUO material.
7.5 REPORTING REQUIREMENTS: Contractor personnel shall report to an appropriate authority any information or circumstances of which they are aware may pose a threat to the security of DoD personnel, contractor personnel, resources, and classified/unclassified defense information. Employees shall be briefed by their immediate supervisor upon initial on-base assignment.
7.6 PHYSICAL SECURITY: The contractor shall be responsible for safeguarding all Government property and controlled forms provided for contractor use. At the end of each work period, all Government facilities, equipment and materials shall be secured.
8. MILITARY EXERCISES: No compensation will be claimed for any delays resulting from re-entry procedures due to military exercises.
9. DELIVERABLES
9.1 LIST OF DELIVERABLES:
• Concrete mix design for Government Project Engineer approval
• Copies of laboratory test reports and sources for cement, supplementary cementitious materials (SCM), aggregates, and all admixtures.
• Flexural strength test results, (7-day minimum) (ASTM C78/C78M)
10. REFERENCE STANDARDS:
UFC 3-260-02
UFGS 32 13 11
ASTM C33/C33M-13
ASTM C78/C78M
ASTM C88
ASTM C131/C131M
ASTM C138
ASTM C143
ASTM C150/C150M
ASTM C192/C192M
ASTM C231/C231M
ASTM C260/C260M
ASTM C494/C494M
ASTM C1064
ASTM C1260
ASTM C1602/C1602M
ASTM C1567
ASTM D4791
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
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 31-OCT-2018 1,915 554 RED HORSE
LT. BLASER
554 RHS/DOP
OSAN AB, KOREA
APO AP 96278
UNITED STATES
01044031405 FOB: Destination
F3J0MM
SPECIAL INSTRUCTIONS
1. DELIVERY INSTRUCTIONS:
a. Calls shall be placed by the Project Manager/COR to order Portalnd cement concrete in accordance with the Statement of Work. The vendor agrees to deliver the quantity ordered per call within 3 days after receiving and acknowledging the call. Each call shall be logged/recorded as to the time and date of the call and verified by the Project Manager/COR prior to delivery.
b. The vendor agrees to provide Portland Cement Concrete RMSA II to Gwangju AB.
2. RECEIVING OFFICER: LT Blaser, Michael, Gwangju AB, South Korea
3. TIME OF DELIVERY: Items shall be delivered to Gwangju Airbase, Republic of Korea no later than 3 days after receipt and acknowledgment of each call.
*Delivery will be ordered between 100CY and 400 CY in size per call. Quantities may vary depending on the call from the project manager.
2. TESTING AND ACCEPTANCE:
a. Concrete testing and acceptance is the responsibility of the government. Tests will be performed by contractor personnel under observation of the contracting officer’s representative.
b. The type of test and frequency of testing is determined by the government.
Flexural strength, air content, slump, temperature, and concrete density will be tested at minimum once per order, additional test will be performed if the consistency of the concrete begins to change. Concrete that does not meet the requirements this specification after being tested at the point of placement may be refused by the government.
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 252.225-7041 Correspondence in English JUN 1997 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.233-7001 Choice of Law (Overseas) JUN 1997
CLAUSES INCORPORATED BY FULL TEXT
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2018)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-
282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.
C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.
L. 111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).
____ (10) [Reserved]
____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
____ (ii) Alternate I (NOV 2011) of 52.219-3.
____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
____ (ii) Alternate I (JAN 2011) of 52.219-4.
____ (13) [Reserved]
____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
____ (ii) Alternate I (NOV 2011).
____ (iii) Alternate II (NOV 2011).
____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
____ (ii) Alternate I (Oct 1995) of 52.219-7.
____ (iii) Alternate II (Mar 2004) of 52.219-7.
____ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (Nov 2016) of 52.219-9.
____ (iii) Alternate II (Nov 2016) of 52.219-9.
____ (iv) Alternate III (Nov 2016) of 52.219-9.
____ (v) Alternate IV (Nov 2016) of 52.219-9.
____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).
____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.
657f).
____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).
____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).
X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
____ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
____ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
____ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).
____ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).
____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).
____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).
____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (OCT 2015) of 52.223-13.
____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-14.
____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
____ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-16.
X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.
13513).
____ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).
____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).
____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
____ (ii) Alternate I (JAN 2017) of 52.224-3.
____ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.
103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
____ (ii) Alternate I (May 2014) of 52.225-3.
____ (iii) Alternate II (May 2014) of 52.225-3.
____ (iv) Alternate III (May 2014) of 52.225-3.
____ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
____ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150
____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150).
____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
X (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).
____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).
____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).
____ (60)(i) 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).
____ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
_____(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).
_____ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
_____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
_____ (6) 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).
_____ (7) 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).
_____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).
_____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
_____ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) 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.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O.
13627).
_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvii)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xviii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 100 cubic yards, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor -
(1) Any order for a single item in excess of 400 cubic yards;
(2) Any order for a combination of items in excess of 900 cubic yards; or
(3) A series of orders from the same ordering office within 1 day that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within one day after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
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
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.
5152.228-4033 DEFENSE BASE ACT IMPLEMENTATION
(a) The following clause is applicable only to employees hired in, resident in, or citizens of the United States.
FAR 52.228-3
(b) The following clauses are not applicable with respect to employees hired in, resident in, or citizens of the United States.
FAR 52.228-4
DFARS 252.228-7000
(c) The portion of this contract providing for the Contractor, subcontractor(s), and subordinate contractor(s), if any, to afford to their employees protection against war hazard risks WITHOUT PURCHASING INSURANCE (to the extent that the clauses entitled "Reimbursement for War Hazard Losses,” and “Workers’ Compensation & War Hazard Insurance Overseas" apply) is on a cost-reimbursement, no-fee basis, to be paid only as reimbursement of contractor disbursements in settlement of actual claims by beneficiaries, notwithstanding the basis of the rest of the contract.
(d) War Hazard Compensation generally does not apply to employees who reside at or in the vicinity of the place of employment unless their residence there is solely by virtue of the exigencies of such employment. (42 U.S.C.
1701(d)).
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.
5152.229-4014 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…
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