A21.__RFP_W90VN9-16-R-0033 _HVAC _Chinhae.pdf

N327786144LCS1

This is a non-w ork plan task order for the follow ing MATOC Contractors ONLY:

W91QVN-14-D-0031, W91QVN-14-D-0032, W91QVN-14-D-0033, W91QVN-14-D-0034, W91QVN-14-D-0035, W91QVN-14-D-0036, W91QVN-14-D-0037, W91QVN-14-D-0038, W91QVN-14-D-0039, W91QVN-14-D-0040, W91QVN-14-D-0041, W91QVN-14-D-0042, W91QVN-14-D-0043, W91QVN-14-D-0044, W91QVN-14-D-0045, W91QVN-14-D-0046, W91QVN-14-D-0047, W91QVN-14-D-0048, W91QVN-14-D-0049, and W91QVN-14-D-0050.

OFFERORS MUST COMPLY WITH THE FOLLOWING:

A. Site Visit: Offerors w ho intend to propose on this solicitation are strongly encouraged to attend site visit. See site visit Clause FAR 52.236-27 in Section L. Offerors are required to have a valid Korean Identification card w hen attending the site visit orientation.

B. SUBMISSION OF PROPOSAL:

1. The pricing proposal shall be submitted by 1400hrs on the closing date of the RFP through the Federal Business Opportunities w ebsite https://w w w .fbo.gov.

2. Section K: Offerors must complete all portions of Section K, and submit this section at https://w w w .fbo.gov.

MS. YIM, MI-SUK 053-470-8098

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

10-Jun-2016

(RFP)

(IFB)

X

CALL:

Upgrade Mechanical Systems including HVAC Systems at CFAC

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________150 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________ copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________28 Jun 2016 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

411TH CONTRACTING SUPPORT BRIGADE, KOREA

RCO DAEGU, UNIT #15682

APO AP 96218-5682

UNITED STATES OF AMERICA (THE)

W90VN9

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

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

1396823

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

FAX:TEL: TEL: FAX:

W90VN9-16-R-0033 27

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W90VN9-16-R-0033

Section A - Solicitation/Contract Form

NAVY PROJECT NOTICE

NOTE: THIS IS THE NAVY REQUIREMENTS. THE CONTRACTOR

SHALL FOLLOW NAVY SPECIFIAITON IF NAVY AND OMA

SPECIFICATIONS ARE CONFLICTED WITH EACH OTHER.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Work Class: K

FFP

Upgrade mechanical systems including HAVC system at CFAC, Chinhae. The Contractor shall provide all necessary resources for this requirement and perform eProject No. 1396823, in accordance with the Statement of Work (SOW), Specification, Drawings, Terms and Conditions of this contract contained herein.

FOB: Destination

PURCHASE REQUEST NUMBER: N327786144LCS1

NET AMT

Section C - Descriptions and Specifications

SOW

STATEMENT OF WORK FOR

UPGRADE MECHANICAL SYSTEMS, HVAC SYSTEM AT CFAC

SCOPE OF WORK:

The Contractor shall furnish all labor, materials, equipment, transportation and supervision necessary to repair utility lines base wide in accordance with the specifications and drawings.

(PW-16-4306, sheet 1 thru 4)

1) Remove existing heating/cooling system including piping, duct, inside units, chillers and boilers of building Number 794 and 719. Return boilers and backflow preventers to the government.

2) Provide/install heat pumps based on the drawing. (3 outside units, 51 inside units w/ wind visor) submit shop drawing for the installation to get approval from the contracting officer. Submit as built drawing w/ real scale, AutoCAD format.

3) Remove 36 existing fire sprinkler heads based on the drawing. Provide/install 72 fire sprinkler heads w/ flexible tubes. Submit shop drawing for the installation to get approval thru the Contracting Officer’s Representation (COR) to the Contracting Officer.

Submit as-built drawing w/ real scale, AutoCAD format.

4) Remove existing water tank, heat medium tank in the gas heater room of building number 798.

5) Replace gas meter. Provide/install natural gas line based on the drawing.

6) Provide/install gas heater based on the drawing. Submit shop drawing for the installation to get approval from the Contracting Officer’s Representation (COR) to the Contracting Officer.

7) Provide/install bypass line to existing HWS at mechanical room of building number

210 w/ 3 water valves and copper piping w/ insulation to match existing. Submit shop drawing to get approval from the contracting officer.

8) Perform other minor work as shown on Public Works Drawing PW-16-4306.

GENERAL NOTES:

1. The contractor shall remove and dispose all refuse materials off base in accordance with local and other government laws and regulations.

2. The contractor shall be responsible for verifying all existing site conditions and dimensions prior to commencing any work. And submit shop drawings reflecting the actual site conditions for government approval.

3. The contractor shall be responsible for repairing all damage to the existing areas caused by this project and to match condition to adjacent areas as directed by the Contracting Officer’s Representative (COR).

4. The contractor shall restore disturbed areas caused by this project to match existing adjacent area and/or better condition.

5. If any detail shown on these contract drawings doesn’t match with field conditions, any discrepancy to details on the drawings shall be brought to the attention of Contracting Officer’s Representation (COR) to the Contracting Officer resolve the discrepancy prior to bids submission.

6. The contractor shall submit the document schedule before commencement of work and approved by Contracting Officer’s Representation (COR) to the Contracting Officer.

7. All material to be used for this project shall be submitted with catalog or sample to Contracting Officer’s Representation (COR) to the contracting officer for approval prior to purchase.

8. Upon completion of the project, the contractor shall submit as-built drawing with electronic and hard copy to Contracting Officer’s Representation (COR) to the contracting officer.

9. Inadvertent discovery clause: in the event that any previously unidentified archaeological sites or remains (such as artifacts, shells, bone or, charcoal deposits human burials, rock or coral alignments, paving, or walls) are encountered, immediately suspend work and notify the contracting officer.

GENERAL CONDITIONS

1. TERM OF CONTRACT: On site, work shall be completed in 150 calendar days after date of order or notice to proceed.

2. APPLICABLE PUBLICATION: The following publications are applicable to this specification:

a. Safety and Health Requirements Manual, EM 385-1-1 U. S. Army Corps of Engineers.

b. NAVFACPAC Instruction 5100.4C, Section 01525, Safety and Occupational Health Requirements.

HIGH-VISIBILITY SAFETY APPAREL: The Contractor’s workers, sub-contractor’s workers, and visitors on construction jobsites shall wear vest with retro reflective and fluorescent material (i.e. ANSI/SEA 107-2004 Class II compliant orange mesh vests) in accordance with NAVFACPAC INSTRUCTION 5100.4C.

c. Korean Industrial Standard (KS).

d. USFK Regulation 201-1, dated 18 June 2012

3. MATERIALS: The materials not specified herein shall be subject to the approval of the Contracting Officer (KO) or the designated Contracting Officer’s Representative (COR).

4. SUBMITTALS: Prior to start of work, the Contractor shall submit 1 electronic set of the following submittals to the Contracting Officer for approval before installation or procurement:

a. Material Safety Data Sheets (MSDS)

b. Accident Prevention Plan (APP)

c. Activity Hazard Analysis (AHAs)

d. Qualifications for Site Safety and Health Officer

e. Accident Reporting Procedures

f. Quality Control Plan and Safety Plan

g. Catalog or Samples of Material

h. Work Schedule (including Power/Water Outage schedule)

5. ENVIRONMENTAL:

1) Prior to start of work, the Contractor shall obtain approval of all hazardous materials to be used from the Environmental Office. All excess hazardous materials if any shall be removed and/or disposed of in accordance with USFK Pamphlet 201-1, Environmental Governing Standards and local Korean laws and regulations, unless directed otherwise in the contract.

2) Solid Waste Management Report: The Contractor shall submit a solid waste disposal report (Attachment A) to the Contracting Officer on a monthly basis. If the period is less than one month, a final report will be submitted at the end of the contract period.

6. GOVERNMENT FURNISHED MATERIALS

The following materials listed below shall be provided by the government to the contractor: N/A

7. PERFORMANCE STANDARDS: Unless otherwise specified, all work shall conform to the standards described in the paragraph entitled "APPLICABLE PUBLICATIONS". The work not specified therein shall be subject to approval of the Contracting Officer Representative.

8. LIQUIDATED DAMAGES: N/A

9. WORKING HOURS: From 08:00 to 17:00, Monday through Friday, except for U.S.

Federal holidays and other days specifically designated by the Contracting officer representative (Training holidays, etc.). Requests for work outside of regular hours may be made in writing 5 days in advance to the Contracting officer representative.

10. WORKING SCHEDULE: Within five working days after the date of order, the Contractor shall submit a work schedule in writing to the Contracting officer representative for approval. In no event shall the Contractor change the approved work schedule without prior written approval of the Contracting officer representative. The contractor shall not start any works until the schedule is received and accepted by the FEAD Chinhae Office.

11. REPERFORMANCE CONFERENCE: Prior to commencing work, the Contractor shall meet in conference with the Contracting officer representative, at a time determined by the Contracting officer representative, to discuss and develop a mutual understanding relative to scheduling and administering the work.

12. SAFETY REQUIREMENTS: All work shall be conducted in a safe manner and shall comply with the current safety requirements as indicated in EM 385-1-1, Safety and Health Requirements Manual issued by the U. S. Army Corps of Engineers.

13. STATION REGULATIONS: The Contractor and his employees shall become acquainted with and obey all Base and/or Station regulations as posted or as requested by the Contracting officer representative.

14. EXAMINATION OF PREMISES: Contractors are expected to satisfy themselves as to the general and local conditions that may affect the cost of the performance of the work to the extent that such information is reasonably obtainable. It is considered impractical to determine, without inspection, the exact nature of the work and site conditions under which the work is to be performed. Arrangements to visit the site will be made by separate notice.

15. EXISTING WORK: All portions of existing work which have been altered in any way during the Contractor's operations shall be repaired or replaced in kind and in a manner to match existing or adjoining work, as approved by the Contracting officer representative. All work of this nature shall be performed at the Contractor's expense and shall be performed as directed by the Contracting officer representative. At the completion of all operations, existing work shall be in a condition equal to or better than that which existed before the work started.

16. SECURITY REQUIREMENT:

a. Contractor’s personnel or any representative of the contractor entering U. S. Naval Chinhae Base shall abide by all security regulations imposed by Installation Commander at all times and shall be subject to security checks. Contractor personnel and property shall be subject to search and seizure upon entering the confines of the installation, while on, and upon leaving the confines of COMFLEACT Chinhae.

b. Base Passes: The contract shall provide one photograph, copy of KID, copy of vehicle registration, certificate of vehicle insurance and copy of driver’s license. To obtain the temporary base pass, it takes at least two (2) weeks to be issued for a period of three (3) months only.

c. Escort Privileges: Individual base passes for janitors will not be authorized escort privileges. Escort privileges will be authorized for the CM or alternate with a limit of three

(3) persons per base pass. It is the Contractor’s responsibility to ensure that the escorting official has full control over all escorted individuals at all times. Any individual found on the installations unescorted will be removed from the installation and the escort official’s escorting privileges will be immediately withdrawn. Any individual removed from these installations will not be authorized further access to these installations.

d. Turn-in Post Passes: “On the contract completion date, the contractor shall turn in all passes to the sponsor (CEC) that were issued for this contract and final payment will not be made until such items are turned-in.”

17. PROJECT IDENTIFICATION: N/A

18. ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

The Contractor shall perform work under this contract consistent with the policy and objectives identified in the Commander, Fleet Activities (COMFLEACT), Chinhae Environmental Management System (EMS). In addition to compliance with the Korea Environmental Governing Standards (EGS), the Contractor shall perform work in a manner that conforms to the objectives and targets, environmental programs and operational controls identified by the EMS. The Contractor shall provide monitoring and measurement information as necessary to address environmental performance relative to environmental, energy, and transportation management goals. In the event an EMS nonconformance or environmental noncompliance associated with the contracted services, tasks, or actions occurs, the Contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall assume legal and financial liability for the noncompliance and take corrective action immediately to remedy the noncompliance. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the Contracting Officer. In addition, the Contractor shall ensure that its employees are aware of their roles and responsibilities under the EMS and how these EMS roles and responsibilities affect work performed under the contract.

The Contractor is responsible for ensuring that their employees receive applicable environmental and occupational health and safety training, and keeping up to date on regulatory required specific training for the type of work to be conducted onsite. All on-site Contractor personnel, and their subcontractor personnel, performing tasks that have the potential to cause a significant environmental impact shall be competent on the basis of appropriate education, training or experience. Upon contract award, the Contracting Officer's Representative (COR) will notify the COMFLEACT Chinhae EMS program manager (EPM) to arrange EMS training unless instructed otherwise in the Supplemental Temporary Environmental Controls. The EPM will identify training needs associated with environmental aspects and the EMS, and arrange training or take other action to meet these needs. The Contractor shall provide training documentation to the Contracting Officer. The EPM will retain associated records.

19. THE CONTRACTOR IS RESPONSIBLE:

a. To employ individuals qualified to perform the type of work required under the terms of this contract.

b. To have full control of all contractor personnel during performance of work under the terms of contract. The Contractor shall ensure that its personnel do not follow any contract performance instructions from any Government employee except as they are ordered by the Contracting Officer herself/himself. The Contracting Officer is the only person authorized to modify the contract terms or take any action to enter into a change or contractual commitment on behalf of the Government. The Government will not be responsible for any cost incurred for any additional work, which is not identified in the contract specifications or on the contract drawings.

20. CONTRACTOR’S PERSONNEL:

a. Contract Manager: The contractor shall provide a Contract Manager who will be responsible for overseeing the performance of work. The contractor shall not substitute anyone for its Contract Manager, even on a temporary basis, without prior written notification to the COR, and that any such substitute must satisfy the same pre-requisites as the Contract Manager.

b. The Contract Manager shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

c. The Contract Manager shall be available during normal duty hours, and within one hour’s notice to meet on the installation with Government personnel to discuss problem areas. After normal duty hours, the manager or alternate shall be available within four hours’ notice.

d. The Contract Manager must be able to read, write, speak and understand English.

e. ROK LCS (LOGISTICS COST SHARING): LCS-funded contracts shall not require offshore purchase of materials. Only local sources are eligible for award of LCS-funded contracts

21. KEY PERSONNEL: The following key personnel shall be employed by the prime contractor during the performance of the contract.

1) Project Superintendent

2) Project Manager

3) QC Manager

4) Site Safety and Health Officer

22. PERFORMANCE OF WORK BY THE PRIME CONTRACTOR: The Contractor shall perform on the site, and with its own organization, work equivalent to not less than 25 percent of the total amount of work to be performed under this task order. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government. (See FAR 52.236-1)

23. Contracting Officer’s Representative (COR). The Contracting Officer may appoint and designate a Contracting Officer’s Representative (COR) with respective responsibilities and authority as cited in the base contract during the performance of this task order. (See DFARs 252.201-7000).

Solid Waste Report

Construction & Demolition - Disposal & Recyclables

Provide the following information in the blanks below. Be sure to show final destination and method of disposal and recycling of all construction and demolition debris/wastes and sign at the bottom of the page. Paperwork from the disposal and/or recycling facility to be provided along with this completed form for each individual waste.

Company Name Contract Number Phone Number

Report each weight using the table below. Indicate whether the weight is in kilograms or pounds.

The information is required to be segregated by landfill, incineration, or recycling. If a type of waste is not listed in the table, note the wastes along with weights and cost in the blanks of the table below. All attempts should be made to recycle as much of the wastes as possible.

Weight (kg or lb.) Location of Disposal Cost Disposal or Type of Waste (Landfill or

Incineration) Recycling (KW, $) Recycling Date

Food Wood Metals Paper/Cardboard

Soil Gravel Plastic Glass Concrete Asphalt

TOTAL

In accordance with Commander, Fleet Activities Chinhae (CFAC) Environmental Management System (EMS), this form (or equivalent) documents that the individual listed above is aware of the responsibility to report accurate solid waste disposal and recycle weights to the Public Works Department, Environmental Division in a timely manner.

Signature Date

ATTACHMENT “A”

Section F - Deliveries or Performance

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 150 calendar days after notice to proceed (NTP) is issued.

The time stated for completion shall include final cleanup of the premises.

(End of clause)

Section I - Contract Clauses

5152.233-4008 DISPUTES, MINISTRY OF NATIONAL DEFENSE FUNDED CONTRACTS, ROK

(This clause applies only to ROK-funded acquisitions or parts of acquisitions.)

(a) All disputes arising under, or relating to, this contract shall be resolved under this clause.

(b) "Claim", as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim than can be resolved under a contract clause that provides for the relief sought by the claimant; however, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the clause until certified as required by subparagraph (d)(2) below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the clause. The submission may be converted to a claim under the clause, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(c) The contractor shall have the right to submit to the Contracting Officer, disputes, demands, and/or claims, relating to or arising under this contract, only on the issue of whether the Government should and will certify performance, for payment by the ROK Government. The contractor shall not submit to the U.S. Government, nor will the Contracting Officer accept, any disputes, demands, or claims for compensation for work, which the U.S.

Government has certified as completed.

(d) Procedures

(1) A claim by the contractor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a decision by the Contracting Officer.

(2) For contractor’s claims exceeding $100,000, the contractor shall submit with the claim a certification that –

(i) The claim is made in good faith;

(ii) Supporting data are accurate and complete to the best of the contractor's knowledge and belief; and

(iii) The amount requested accurately reflects the contract adjustment for which the contractor believes the Government is liable.

(3) Individuals

(i) If the contractor is an individual, the certification shall be executed by that individual.

(ii) If the contractor is not an individual, the certification shall be executed by –

(A) A senior company official in charge at the contractor's plant or location involved; or

(B) An officer or general partner of the contractor having overall responsibility for the conduct of the contractor's affairs.

(e) For contractor’s claims of $100,000 or less, the Contracting Officer will, if requested in writing by the contractor, render a decision within 60 days of the request. For contractor-certified claims over $100,000, the Contracting Officer will, within 60 days, decide the claim or notify the contractor of the date by which the decision will be made.

(f) The Contracting Officer's decision shall be final unless the contractor appeals the decision within 30 days of the Contracting Officer's decision, to the Principal Assistant Responsible for Contracting (PARC). In the event that the contractor does appeal the decision of the Contracting Officer, the appeal shall be heard by and decided by the PARC and/or a panel of U.S. officials, chaired by the PARC. The decision of this panel shall be final.

(g) The contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, or action arising under the contract, and comply with any decision of the Contracting Officer.

(h) Regarding "MOA Contract Funded by ROK MND" portion or period of this contract, any reference to the Disputes clause, FAR 52.233-1, shall be construed to mean this local clause 5152.233-4008.

5152.232-4030 PAYMENTS - ROK MND-FUNDED CONTRACTS:

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

(b) Performance Certification and Contract Administration: The U.S. Government has sole authority to administer this contract. The U.S. Government, through its designated USFK official(s), has sole authority to inspect and accept goods and services and to determine the Contractor’s entitlement to payment under this contract. The administering U.S. Government Contracting Officer will resolve all disputes, claims, and appeals before certifying invoices for payment. Neither ROK MND nor ROK Defense Logistics Agency will pay any invoice or claim under this contract without prior U.S. Government certification.

(c) Payment for Partial Deliveries: Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the U.S. Government, IF (1) the amount due on the deliveries warrants it, or (2) the Contractor requests it and the amount due on the deliveries is at least either the local currency equivalent of $1,000.00 or 50% of the total contract price.

(d) Invoices:

An invoice is a written request for payment for supplies rendered. In order to be proper, an invoice must include as applicable the following:

(1) Invoice date;

(2) Name and address of contractor;

(3) Contract number or other authorization for supplies delivered or service performed (including order number and contract line item number);

(4) Description, quantity, unit of measure, unit price and extended price of supplies delivered or services performed;

(5) Shipping and payment terms (e.g. shipment number and date of shipment, prompt payment discount terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading;

(6) Name and address to which payment is to be sent (which must be the same as that in the contract or on a proper notice of assignment);

(7) Name, title, phone number and mailing address of person to be notified in event of a defective invoice; and

(8) Any other information or documentation required by other provisions of the contract (such as evidence of shipment).

(9) Invoices shall be prepared and submitted in five (5) copies (one copy of the invoice shall be marked “Original”) unless otherwise specified.

(e) Procedures for Payment by ROK MND:

(1) The Contractor shall forward to the Contracting Officer’s Representative (COR), for certification of inspection and acceptance, all invoices in five (5) copies.

(2) If the contractor doesn’t receive payment within 35 days of the government’s receipt of the invoices, the contractor should contact the COR.

(f) Payment Addresses:

(1) For ROK MND payments:

Logistics Management Bureau ROK Ministry of National Defense

(2) For U.S. Appropriated Fund payments:

(i) For Army:

175th Finance and Accounting Officer ATTN: Commercial Accounts Office (CAO) Unit #15300

APO AP 96205-0053

(ii) For Air Force:

DFAS-BVNF/JA

Box 5220

APO AP 96328-5220

5152.232-4028 FUNDING OF ROK-FUNDED CONTRACTS

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

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

(c) Identification of invoices: Contractor shall state clearly “MOA Contract - funded by ROK MND” on all invoices for performance under contracts, delivery or service orders that are designated as “MOA Contract - funded by ROK

MND.”

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

(e) Funding carry-over:

(1) The Government will make every reasonable effort to obtain completion of all performance under the contract and to obtain, approve, and forward Contractor’s invoices under the contract before the end of the calendar year of the contract. In the event that any work initiated under the contract cannot be completed by the end of the calendar year, the Contractor shall furnish the Contracting Officer and USFK, ATTN: FKJ4-ML, not later than 30 November, the following information:

(i) A list of work that apparently will not be completed and invoiced by, and apparently will require payments after, the end of the calendar year;

(ii) Estimated price of work that apparently will be carried beyond the calendar year; and

(iii) Date of anticipated completion of the work.

(2) Funding for work carried over to the next calendar year will not automatically transfer to the next calendar year;

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

(f) Availability of ROK Funds for the Next Calendar Year:

(1) This contract is funded with calendar year ROK MND funds, from date of award through 31 December of the year in which the contract is awarded and/or into which the contract is extended. ROK MND funds are not available for performance, under this contract, beyond 31 December of the current contract’s calendar year period. Any obligation and/or legal liability on the part of ROK MND for the next calendar year’s performance, including exercise of any option to extend the services/contract, is contingent upon the Contracting Officer’s explicit notification to the Contractor of availability of that new calendar year’s ROK MND funds, from which contractual payment(s) can be made.

(2) Unavailability of ROK MND funds until a few months into the new calendar year may necessitate a break in performance of the contract until those funds become available. In the event of a break in performance because of unavailability of the new calendar year’s ROK MND funds for obligation under the contract, that break in performance shall not be deemed a breach or default of the contract.

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

Section J - List of Documents, Exhibits and Other Attachments

DRAWINGS

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 1396823, Drawing for Upgrade Mechanical Systems, HVAC System at CFAC

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) 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.

252.209-7999 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law

REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILTIY

OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-00004) (JAN 2012)

(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012, (Pub. L. 112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that-

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that –

(1) It is ( ) is not ( ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with authority responsible for collecting the tax liability,

(2) It is ( ) is not ( ) a corporation that was convicted of a felony criminal violation under a federal law within the preceding 24 months.

(End of provision)

CLAUSES INCORPORATED BY REFERENCE

52.203-2 Certificate Of Independent Price Determination APR 1985

Section L - Instructions, Conditions and Notices to Bidders

5152.236-4011 CONSTRUCTION PRICE RANGE

Pursuant to FAR 36.204 the estimated price range is between $250,000 and $500,000.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for--

i) Date / Time: 21 June 2016 , 1330 hrs

ii) Location: Main Gate of U.S. NAVY Compound, Chinhae

iii) POC: Mr. Son, Chong Sok, (DSN) 315‐762‐5286

iv) Attendees will be required to provide a photo identification card (Korean ID Card - Ju-min-deng-rok-jung)

주민등록증 for escort. NAVY may not accept USFK post pass.

(End of provision)

LCS REQUIREMENTS

This solicitation is being conducted under the Logistics Cost Sharing (LCS) program, and will result in a contract between the Government of the Republic of Korea (ROK) and the contractor. The ROK will directly pay the contractor. No appropriated funds of the United States Government shall be obligated for payment due under this

Award Recommendation Process: The 411th Contracting Support Brigade (CSB) will conduct the solicitation and make a recommendation of contract award in accordance with United States law.

Republic of Korea Ministry of National Defense (ROK MND) Contract Award Process: The ROK MND will award LCS contracts in accordance with the following criteria: "All LCS work must be accomplished in the ROK or its territorial waters; all equipment and supplies that are to be acquired with ROKG funds shall be manufactured in the ROK; and all LCS service work shall be carried out by Korean contractor(s), Korea Railroad Corporation, or the ROK military. Equipment and supplies that are imported into Korea and assembled in Korea are considered off- shore materials and not manufactured in the ROK for purposes of LCS work." For information about the ROK award process, contact the Republic of Korea Ministry of National Defense Logistics Management Bureau. For all other information about this procurement, contact the 411th CSB contracting officer.

Notice to Offerors Regarding Logistics Cost Sharing (LCS) Program:

This solicitation is conducted under the LCS program and will result in a contract between the Government of the Republic of Korea (ROK) and the contractor. ROK will directly pay the contractor. No appropriated funds of the United States (US) shall be obligated for payment due under this contract.

In accordance with the International Agreement between the US and ROK, titled “Amendment to the

Implementing Agreement between the United States Forces Korea and the Republic of Korea Ministry of National Defense Concerning Logistics Cost Sharing” (hereinafter “International Agreement”), signed by the parties on 14 October 2015:

"The parties hereby agree that all LCS work must be accomplished in the ROK or its territorial waters and that all equipment and supplies that are to be acquired with ROK Government funds shall be manufactured in the ROK, and all LCS service work shall be carried out by Korean contractor(s), the Korea Railroad Corporation, or the ROK military. The term ‘Korean contractor(s)’ is defined as an entity, that, including its parent, is a domestic corporation under the Korean Tax Act and whose domestic status is recorded in the Certified Copy of Register or its successor document. A parent is defined as an entity that holds more than 50/100 of the total issued and outstanding shares in another company, as reflected in the Stock Change Certificate.”

This solicitation is conducted under the Logistics Cost Sharing (LCS) program and will result in a contract between the Government of the Republic of Korea (ROK) and the contractor. ROK will directly pay the contractor. No appropriated funds of the United States (US) shall be obligated for payment due under this

In accordance with the International Agreement between the US and ROK, titled “Amendment to the

Implementing Agreement between the United States Forces Korea and the Republic of Korea Ministry of National Defense Concerning Logistics Cost Sharing” (hereinafter “International Agreement”), signed by the parties on 14 October 2015:

"The parties hereby agree that all LCS work must be accomplished in the ROK or its territorial waters and that all equipment and supplies that are to be acquired with ROK Government funds shall be manufactured in the ROK, and all LCS service work shall be carried out by Korean contractor(s), the Korea Railroad Corporation, or the ROK military. The term ‘Korean contractor(s)’ is defined as an entity, that, including its parent, is a domestic corporation under the Korean Tax Act and whose domestic status is recorded in the Certified Copy of Register or its successor document. A parent is defined as an entity that holds more than 50/100 of the total issued and outstanding shares in another company, as reflected in the Stock Change Certificate.”

In order to establish eligibility for award under this LCS contract, the offeror shall submit the documents listed below with their proposal prior to the closing date/time established in the solicitation. The contracting officer will determine the offeror’s eligibility status as a Korean contractor solely on the basis of these documents.

1. Prime Contractor Registration: The offeror shall submit its Certified Copy of Register (등기부

등본 (유효사항)), as certified and submitted to the ROK Supreme Court (대법원). In order to qualify as a

Korean Contractor, the fourth block of the offeror's Certified Copy of Register [등기부 등본 (유효사항)] must state an address that is physically located in the Republic of Korea.

2. Prime Contractor Stock Change Certification: The offeror shall submit its most recent Stock Change

Certificate (주식 변동 상황 명세서), as certified and submitted to the ROK Local Tax Office (국세청). The prime contractor’s Stock Change Certificate (주식 변동 상황 명세서) will be evaluated to determine if the prime contractor has a Parent (as defined in the International Agreement extract above).

3. If the Prime Contractor has a Parent, the offeror shall submit the Parent’s Certified Copy of

Register (등기부등본 (유효사항)) as certified and submitted to the ROK Supreme Court (대법원). In order for the Prime

Contractor to qualify as a Korean Contractor, the fourth block of the offeror’s Parent’s Certified Copy of Register

(등기부 등본 (유효사항)) must state an address that is physically located in the Republic of Korea.

To summarize the requirements stated above:

An offeror that does not have a "Parent" will submit 2 documents to establish that the offeror is a

Korean Contractor: 1) Offeror's…