W90VN921R0093.pdf

SEE ADDENDUM

(No Collect Calls)

W90VN921R0093 14-Sep-2021

b. TELEPHONE NUMBER

315-763-5693

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 05 Oct 2021

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.

W90VN99. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MS. KWON, CHONG-HYON

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

N327782021091301

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 DAEGU, UNIT #15682

APO AP 96218-5682

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 N32778 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

US NAVY, COMFLEACT CHINHAE

PSC 479

FPO AP 96269-1100

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,500

NAICS:

336111

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 OF23

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.

W90VN921R0093

Section SF 1449 - CONTINUATION SHEET

LCS FUNDED NOTICE

ELIGIBILITY FOR AWARD OF ROK MND CONTRACTS

(a) 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 a contract resulting from this solicitation.

(b) In accordance with the International Agreement between the US and ROK, titled “Implementation Arrangement for the Special Measures Agreement” (hereinafter “International Agreement”), signed by the parties in 2019:

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” in implementing the LCS program in Section V, Paragraph 3 (of the 2019 SMA IA) is defined as follows:

1. An entity, that, including its parent, is a domestic corporation under the Korean Corporation 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; or

2. An individual who has Korean nationality.

(c) In order to establish eligibility for a 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.

(4) To validate if an individual is “Korean nationality”, the following documents shall be submitted:

Business Registration (사업자 등록증)

Basic Certificate (기본 증명서)

Certificate of Business Fact (사업사실증명서) (Issued by National Tax Service showing partnership/owners, shares, and date when the business was jointly owned)

(d) To summarize the requirements stated above:

(1) An offeror that does not have a “Parent” will submit 2 documents to establish that the offeror is a Korean Contractor: 1) Offeror's Certified Copy of Register, and 2) Offeror's Stock Change Certificate.

(2) An offeror that does have a “Parent” will submit 3 documents to establish that the offeror is a Korean Contractor:

1) Offeror's Certified Copy of Register, 2) Offeror's Stock Change Certificate, and 3) Parent's Certified Copy of Register.

(3) An Offeror that does not have Stock Change Certificate will submit: 1) Business Registration, 2) Basic Certificate, and 3) Certificate of Business Fact.

"FUNDS ARE NOT PRESENTLY AVAILABLE FOR THIS ACQUISITION. NO CONTRACT AWARD

WILL BE MADE UNTIL APPROPRIATED FUNDS ARE MADE AVAILABLE."

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 9 Each Carryall Van, 9 Passenger

FFP

See the attached salient characteristics.

FOB: Destination

PURCHASE REQUEST NUMBER: N327782021091301

PSC CD: 2310

NET AMT

0002 4 Each SUV 4X2, 7 Passenger

FFP

See the attached salient characteristics.

FOB: Destination

0003 3 Each SEDAN, 5 Passenger

FFP

See the attached salient characteristics.

FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government

SALIENT CHARACTERISTICS

SPECIFICATIONS FOR ITEM 0001, CARRYALL VAN 9 PASSENGER

A. Quantity: 9 Each

Note: Vehicle/Equipment and furnished accessories shall comply with Korean Motor Vehicle Safety Standard In effect on the date of manufacture. The Government reserves the right to accept alternate specifications as noted below.

B. REQUIREMENTS.

(1) Having the following salient characteristics:

Seating Capacity: 9 Passenger Minimum Engine Size: Diesel VGT 2.2 engine, 8-speed automatic transmission

(2) Dimensions (Metric):

Minimum Overall Length: 5,255 mm Minimum Overall Width: 1,995 mm Minimum Overall Height: 1,990 mm

Note: Acceptable level of deviation is + 5%.

(3) Rust Proofing and Undercoating: Manufacturer’s standard.

(4) Safety: 7 airbag system (front airbag/front seat side/driver's knee/overturn detection side curtain), 3-point seat belt for all seats, headrest for all seats, Multiple anti-collision automatic control system, individual tire pressure alarm device, tire first aid kit, Infant seat fixing device (2 rows in 2)

(5) Exterior: 10.25-inch navigation (Blue Link, Phone projection,), rear monitor (steering linkage, Rear view while driving), tweeter speaker, button start & smart key, smart key remote start, Full auto air conditioner (fine dust sensor/air cleaning mode/after blow), highway driving assistance, Navigation-based smart cruise control (safety section, curved road), high pass system

(6) Seat: Heated front seat, manual driver’s height adjustment, driver’s armrest (adjustable), Passenger seat sliding & reclining seat

(7) Convenience: Electric parking brake (including auto hold), USB charger (2 in 4 rows), Rear parking distance warning, auto light control, manual air conditioner, micro air filter, power outlet (1 row of 1)

(8) Infotainment: General audio system (2 speakers, radio, MP3, USB, Bluetooth hands-free)

(9) Additional Required item: Exterior: 17-inch steel wheel & tire, rear spoiler, LED auxiliary brake light, Rear glass heating wire, body color outside door handle, outside mirror (electric folding, electric control),

(10) Floor Mats.

C. INTENDED USE. The U. S. Government in transporting personnel intends. The vehicles covered by this specification for general administrative use. The vehicles furnished hereunder shall be delivered ready for immediate use.

D. SAFETY. Each vehicle shall comply with Korean domestic safety and exhaust emission control requirements.

SPECIFICATIONS FOR ITEM 0002, SUV 4X2

A. Quantity: 4 Each

Note: Vehicle/Equipment and furnished accessories shall comply with Korean Motor Vehicle Safety Standard in effect on the date of manufacture. The Government reserves the right to accept alternate specifications as noted

Seating Capacity: 7 Passenger Minimum Engine Size: Smarts stream Gasoline 2.5 Turbo 8- speed wet DCT

Minimum Overall Length: 4,785 mm Minimum Overall Width: 1,900 mm Minimum Overall Height: 1,685 mm

(4) Smart Safety Features: Forward Collision-avoidance Assist (vehicles/pedestrians), Lane Keeping Assist, Lane Following Assist, Driver Attention Warning, High Beam Assist, Front Vehicle Start Alarm 6 Airbag system (advanced airbags for the driver and front passenger, front side airbag, side-curtain airbag), Parking Distance Warning-Forward/Reverse, Tire Pressure Monitoring System, Child seat fastening system (2 in second row), Emergency tire kit, Safety unlock function, Advanced Traction Cornering Control.

(5) Exterior Color: Government will specify the color based on manufacturer’s availability at the time after the

Date of contract award.

(6) Infotainment: Multimedia Navigation system 8-inch display audio, Rear view monitor (parking guide, rear view while driving), Backseat sleep mode, Audio system (6 speakers, radio, MP3, AUX&USB, Bluetooth hands-free), USB port for multimedia (1 in first row)

(7) Seat: Artificial leather seat, heated front seat, Heated second row seat, Ventilated front seat, Power-adjustable driver’s seat with 2-way lumbar support, Second row 60/40-split folding seat, Second row sliding & reclining seat

(8) Convenience: Proximity key with push-button start, Paddle shifters, Power windows with pinch protection

(driver's seat), Electronic Parking Brake (with automatic vehicle hold), Cruise control, Gas-filled hood lifters, One touch turn signal, USB charging port (1 in first row, 2 in second row), Power outlet (1 in first row, 1 in luggage), Auto light control system, and positive Temperature Coefficient heater.

(9) Appearance: LED headlamp (MFR type), LED Daytime Running Light, Headlamp leveling device, Chrome radiator grille, Chrome garnish (lower radiator grille, bumper), Chrome exterior door handles, 18-inch alloy wheel & tire, LED third brake light, Rear spoiler, Window chrome surround molding, Double-glazed soundproof glass (windshield), Exterior mirror (heating, power-folding, Power adjustment, LED turn signal lamp), Skid plate

C. INTENDED USE. The U. S. Government in transporting personnel intends. The vehicles covered by this specification for general administrative use. The vehicles furnished hereunder shall be delivered ready for

D. SAFETY. Each vehicle shall comply with Korean domestic safety and exhaust emission control requirements.

SPECIFICATIONS FOR ITEM 0003, SEDAN

A. Quantity: 3 Each

SEDAN, 5-Passenger, Smart stream 2.5 gasoline turbo engine, Smart stream 8-speed automatic transmission, Electric power Steering, Integrated driving mode, Electronic shift button.

Note: Vehicle/Equipment and furnished accessories shall comply with Korean Motor Vehicle Safety Standard in effect on the date of manufacture. The Government reserves the right to accept alternate specifications as noted

Seating Capacity: 5 Passenger Minimum Engine Size: Smart stream Gasoline 2.5 (8-speed automatic transmission)

Minimum Overall Length: 4,990 mm Minimum Overall Width: 1,875 mm Minimum Overall Height: 1,470 mm

(4) Safety: 9 Airbag system (advanced airbag for the driver and front passenger, driver’s knee airbag, Front and rear side airbag, side-curtain airbag with rollover sensor), Emergency tire kit,

(5) Exterior Color: Creamy white Pearl

(6) Infotainment: 12.3-inch navigation system (blue link, phone Projection, 8 Speakers, Radio, MP3, Bluetooth, Hands-free)

(7) Seat: Natural leather seat, 8-way power-adjustable driver's seat, 2-way power-adjustable drivers Lumbar support, 4-way power-adjustable front passenger's seat, all heated seats, Premium rear seat armrest

(8) Convenience: Proximity key with push-button start, Dual-zone full automatic air conditioning (with Auto defog system, fine dust sensor, and air purification mode), Micro air filter, Integrated power window switch, Cruise control, Electronic Parking Brake (with automatic vehicle hold), Parking Distance Warning- Reverse/Forward, Rear view monitor (with parking guide), Hands-free smart trunk, Power windows with pinch protection (all seat), Hi-pass system, ECM rear view mirror, Rain sensor, Power outlet (1 in first row, 1 in second row), USB charger (1 in first row, 1 in second row)

(9) Convenience: Proximity key with push-button start, Dual-zone full automatic air conditioning (with Auto defog system, fine dust sensor, and air purification mode), Micro air filter, Integrated power window switch, Cruise control, Electronic Parking Brake (with automatic vehicle hold), Parking Distance Warning- Reverse/Forward, Rear view monitor (with parking guide), Hands-free smart trunk, Power windows with pinch protection (all seat), Hi-pass system, ECM rear view mirror, Rain sensor, Power outlet (1 in first row, 1 in second row), USB charger (1 in first row, 1 in second row)

C. INTENDED USE. The U. S. Government in transporting personnel intends. The vehicles covered by this specification for general administrative use. The vehicles furnished hereunder shall be delivered ready for

D. SAFETY. Each vehicle shall comply with Korean domestic safety and exhaust emission control requirements.

ADDITIONAL INFORMATION

NON-TACTICAL VEHICLE --- THIS IS A ROK MND FUNDED CONTRACT. (NO APPROPRIATED FUNDS

OF THE UNITED STATES SHALL BE OBLIGATED FOR PAYMENT DUE UNDER THIS CONTRACT.)

1. Manufacturer’s Standard Warranty Package shall be included as an integral part of this contract.

2. Delivery: The Contractor shall deliver all vehicles within 150 calendar days, and vehicle invoice must be submitted to the Requiring Activity NLT 10 calendar days after delivery of items. Points of Contact for Deliveries are as follows:

Area IV, CFA Chinhae, Transportation

ATTN: Mr. Kim, Yong Ho TEL: 763-5339 (DSN), 05033-63-5339 (Commercial) Email: yongho.kim@fe.navy.mil

3. Contractor shall provide brand-new vehicles of the model year current at time of delivery.

4. Special Provision

a. The Contractor shall provide the Vehicle Manufacture Certificate specifying USFK as the vehicles’ owner, at time of delivery. This will be a condition of Government acceptance.

b. The Contractor shall provide the following manuals in both English and Korean:

(1) Operation Service Manual: English and Korean (Book & CD)

(2) Parts Manual and Maintain Manual: Korean

(3) Electrical Schematic: Korean

(4) Service Manual: Korean

ADDITIONAL REQUIREMENTS

1. The delivered equipment & vehicles shall be jointly inspected by the contractor and the Government at the same time and same place.

2. During the warranty period, the contractor shall provide 24 hours on-call maintenance service on the spot with 100% coverage on parts and labor at no cost to the Government. The Contractor shall be responsible for moving equipment/Vehicles to their facility without any additional cost, if repairs cannot be performed on the spot.

DELIVERY/PAYMENT INFORMATION

1. SHIPPING/DELIVERY INSTRUCTIONS: Delivery Point and Receiving Officer are shown below.

However, the Contractor shall contact the Receiving Officer for the end user’s place before delivery is performed.

a. Delivery Point: Door-to-Door delivery.

NAVALFACLITIES ENGINEERING SYSTEMS COMMAND FAR EAST

PUBLIC WORKS DEPARTMENT CHINHAE

PSC 479 BOX 13, FPO AP 96269-1100

ATTN: MR. Kim, Yong Ho (Receiving Officer) TEL: 763-5339 (DSN), 05033-63-5339 (Commercial) Email: yongho.kim@fe.navy.mil

b. Time of Delivery: The vehicle shall be delivered at the delivery point specified above within 150 calendar days after delivery order is issued. Partial delivery per CLIN is not authorized.

2. INSPECTION AND ACCEPTANCE: The receiving officer or his authorized representative at the respective delivery point shall conduct inspection for condition, quality, quantity count, and final acceptance of the supplies delivered under this delivery order.

3. PAYMENT:

a. Payment will be made by the Finance Office responsible for processing payment.

b. Requests for payment, invoicing and payment status – will be referred to the USFK-J4 (LCS funded).

Payment Will Be Made By:

Republic of Korea Ministry of National Defense Logistics Planning Division.

Phone: 02-748-5706

Submit Invoice(s) To:

Logistics Cost Share Program Manager

Multinational Logistics Division, J49, USFK PSC 303 Box 29, APO AP 96204 Phone: DSN 315-755-8457 / Comm) 0503-355-8457 Mail box: indopacom.humphreys.usfk.mbx.j4-lcs@mail.mil

4. NOTICE TO RECEIVING OFFICER (KOREA): Upon receipt and acceptance of supplies, the Receiving Officer is responsible for preparing a receiving report on DD Form 250. The Receiving Officer is required to complete the entire DD 250 and distribute to the Contract Specialist: Mrs. Kwon, Chong Hyon, 411th CSB/Korea, RCO-Daegu, Unit 15682, APO AP 96218-5682, TEL: 763-5693 (DSN), or e-mail: chonghyon.kwon.ln@mail.mil.

5. RECEIVING OFFICER’S NOTIFICATION TO PURCHASING ACTIVITY OF NON-RECEIPT,

DAMAGE OR NON-CONFORMANCE: The Receiving Officer shall notify the Contracting Officer promptly after date of delivery specified in the contract, of supplies not received, damaged in transit, or not conforming to specifications of the contract. Only under extenuating circumstances should such notification be made later than 15 days after specified dated of delivery.

6. Partial payment is not authorized. The invoice for payment will not be processed until all items are delivered.

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

1. Proposals shall be submitted thru email to chonghyon.kwon.ln@mail.mil within three (3) calendar days after the solicitation is issued. Please include the solicitation number or RFQ number in the subject line on the e-mail. The electronic bid shall be submitted by 1300hrs (Korea Standard Time) on the closing date of RFQ.

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

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

a. Factor A. Technical: Offeror(s) shall provide description/specification of listed item including manufacturer name and model/part number. “The proposed product” must meet, or exceed, the salient physical, functional, or performance characteristic specified in the RFP.

b. Factor B. Price Schedule: The offerors shall submit a completed pricing schedule.

Failure to submit the above requirements may be grounds for determining the proposal to be non-responsive to the RFQ and ineligible for contract award.

4. Partial quotation is not acceptable. Award shall be made based on all or none basis.

5. Proposals shall also include the information listed below:

a. Offeror’s status as a Korean contractor:

(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.

(4) To validate if an individual is “Korean nationality”, the following documents shall be submitted:

Business Registration (사업자 등록증)

Basic Certificate (기본 증명서)

Certificate of Business Fact (사업사실증명서) (Issued by National Tax Service showing partnership/owners, shares, and date when the business was jointly owned)

6. Addendum to local clause 5152.204-4032, FAR 52.212-1 and 2: The terms “Quotation” and “Quoter” shall be substituted for “Offer” and “Offeror”.

7. A completed Local clause 5152.204-4032 shall also be submitted with the proposal.

8. Only contractors who are registered and have an active account at the System for Awards Management (SAM) https://www.sam.gov will be awarded a contract as a result of this solicitation. All contractors, offering under this solicitation MUST be registered. Offers, where the contractor is not registered may be rejected.

CLAUSES INCORPORATED BY REFERENCE

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.212-1 Instructions to Offerors--Commercial Items JUL 2021 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.232-23 Assignment Of Claims MAY 2014 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 52.247-34 F.O.B. Destination NOV 1991 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 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 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror having submitted the lowest-priced, technically acceptable offer that satisfies all terms and conditions of this solicitation. The following factors shall be used to evaluate proposals: If any of factor is rated as unacceptable, the overall factor rating is unacceptable and the entire proposal is unacceptable.

c. Factor A. Technical Capability: Offeror(s) shall provide description/specification of listed item including manufacturer name and model/part number. “The proposed product” must meet, or exceed, the salient physical, functional, or performance characteristic specified in the RFP.

d. Factor B. Price: The offerors shall submit a completed pricing schedule. Price Analysis will be performed in accordance with FAR 13.106-3. The total price proposed for all line items will be the total proposed price used for all line items.

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

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2020) ALTERNATE I (MAR 2015)

(c) Contractor requirements. The Contractor shall—

(1) Notify its employees of—

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

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

Document Title Document may be obtained from: Applies to Performance in/at:

USFK Regulation 190-2 https://8tharmy.korea.army.mil/Safety/Toolbox/Resources/P ublications/USFKReg190-2.pdf

Republic of Korea

USFK Command Policy Letter #12 https://www.usfk.mil/Portals/105/Documents/Policyletters/1 2_Combating_Prostitution_and_Trafficking_in_Persons.pdf?

ver=2015-07-30-211909-313

Republic of Korea

(End of clause)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

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

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

https://www.acquisition.gov/Far/ http://www.thecre.com/fedlaw/legal25aa/far.htm

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://www.acquisition.gov/Far/ http://www.thecre.com/fedlaw/legal25aa/far.htm

5152.204-4032 REPRESENTATIONS AND CERTIFICATIONS

(a) SUBCONTRACTING:

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

(b) AFFILIATED OFFERORS:

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

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

(i) Whether the offeror has any affiliates;

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

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

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

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

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

(d) STANDARDS OF CONDUCT CERTIFICATION:

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

(i) Name ______________________________________________ Former rank/grade ____________________________________ Last US Government position ___________________________

(ii) Name ______________________________________________ Former rank/grade ____________________________________ Last US Government position ___________________________

(iii) Name ______________________________________________ Former rank/grade ____________________________________ Last US Government position ___________________________

Firm ____________________________________________________ Name _____________________________________________________ Signature __________________________________________________

Title _____________________________________________________ Date of Execution ____________________________________________

(e) TAXES:

(1) References:

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

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

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

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

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

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

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

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

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

(ii) Special Excise Tax:

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

Name of item manufacturer

(iii) Value Added Tax (VAT):

Input VAT on materials purchased for this contract. 10% _____ Input VAT on transportation leased/rented for this contract.10% _____ Input VAT on equipment leased/rented for this contract. 10% _____ Input VAT on services purchased for this contract. 10% _____ Output VAT on total contract amount. 10% _____

(iv) Special Excise (Petroleum) Tax:

No. of U/P Liters w/o Tax Tax/Unit Total Tax Amount Regular Gasoline ________ (L) ________ w________ w_____________ Premium Gasoline ________ (L) ________ w________ w_____________ Diesel ________ (L) ________ w________ w_____________ Other ________ (L) ________ w________ w_____________

(v) Education Tax.

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

Oil Company: _________________________________________ (Name only)

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

Signed (Chop)

(f) CERTIFICATIONS AND REPRESENTATIONS

By submitting an offer, each offeror agrees to be bound by all certifications and representations in this solicitation.

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

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

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

5152.229-4014 TAX EXEMPTION VALUE ADDED TAX (VAT), REPUBLIC OF KOREA

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

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

5152.229-4015 TAX EXEMPTION POL PRODUCTS, REPUBLIC OF KOREA

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

List of Oil Companies and their Respective Tax Offices

(1) Hyundai Oil Refinery Co., Ltd.: Dong-Inchon District Tax ATTN: POL Tax Administrator Inchon City, Korea

(2) SK Corporation: Ulsan District Tax Office ATTN: POL Tax Administrator Ulsan City, Kyongsang Nam Do, Korea

(3) LG Caltex Company: Yosu District Tax Office ATTN: POL Tax Administrator Yosu City, Chonla Nam Do, Korea

(b) If the contractor instead intends to purchase its POL products from an individual gasoline station, the Contracting Officer will advise the contractor as to which individual gasoline stations will sell to it at the fixed exempt price. The contractor shall specify from which of those stations it will purchase. In addition to specifying the oil company/gas station, the Contractor shall state the estimated quantity and the amount of POL to be purchased from each refinery/gas station. The USFK Contracting Officer will verify the reasonableness of the amounts of POL products claimed for use on the contract and, based on this verification, the USFK Responsible Officer will issue

USFK POL Tax Exemption Coupons. If the Contractor wishes to purchase from an individual gas station, it will be required to make advance payment for the amount of POL covered by the coupons. Advance payment will be at the fixed-exempt price and will be made to the gas station(s) previously nominated. Representatives from the nominated gas station(s) shall be present at the issuing session. They will collect the advance payments; marks “paid” on the back of the original copy of the coupons issued, and provide the purchasing Contractor with tax invoices to be used by the Contractor to obtain a refund from its governing ROK District Tax Office. All coupons for construction contracts will be issued at the time of award. Coupons for requirements-type contracts will be issued on a delivery order increment basis or on a monthly basis. Pre-selected oil company refineries will sell their POL products at the fixed exempted prices upon presentation of the coupons. Individual gas stations, which have previously collected POL payment in advance will accept the pre-paid USFK POL Tax Exemption Coupons from contractors and will provide the POL amounts reflected on tendered coupons without any further charge.

5152.232-4028 – Funding of ROK MND Contracts

FUNDING OF ROK MND CONTRACTS

(a) This is 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.

(b) Funding advisement: This contract, any modifications (including exercise of option(s)) thereto, and any delivery or task orders thereunder, shall be paid with ROK funds and shall cite “MOA Contract - funded by ROK MND” (in lieu of citing appropriations and accounting data). No U.S. funds, appropriated or other, are or will be obligated under this contract.

(c) Limitation of US liability: The U.S. Government shall incur no liability, and no appropriated or other funds of the United States…