W90VN923F0144 (finalized).pdf

W91QVN18D0124

W90VN923F0144

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4001 KRW0.00

EXERCISED

OPTION

4th Option Year

FFP

General Construction for Area IV, DAEGU AB, GIMHAE AB, GWANGJU AB, KUNSAN AB, and CHINHAE Navy compound.

(Operation and Maintenance Fund)

Non-Work Plan (NWP) ONLY.

The Contractor shall provide all labor, tools, equipment, supplies and any other resources necessary to upgrade USFK facilities (Including New Construction Work under $2,000,000.00) located in the Republic of Korea. Actual work to be performed will be identified by individual Task Order.

PURCHASE REQUEST NUMBER: 0011892917-0001

NET AMT KRW0.00

4001AA 1 Job KRW16,000,000.00 KRW16,000,000.00

EXERCISED

OPTION

Work Type: "K"

FFP

Repair 2(ea) generators at Bldg# 1652, 1653 Camp Henry

The Contractor shall provide all necessary resources for this requirement and perform Project No. J1-00004-3J in accordance with the Statement of Work (SOW), specification, and terms and conditions of this contract contained herein.

FOB: Destination

PSC CD: Z1AZ

NET AMT KRW16,000,000.00

ACRN AA

CIN: GFEBS001189291700001

$12,707.46

4002 1 Each NSP Estimated Costs for War Hazard Losses

FFP

Estimated costs for war hazard is zero (0) FOB: Destination

PSC CD: Z1AZ

NET AMT

Section C - Descriptions and Specifications

REVISED SOW

UNITED STATES ARMY GARRISON DAEGU

OFFICE OF DIRECTORATE OF PUBLIC WORKS

BO&I DIVISION

UNIT #15746

APO AP 96218-5746

AMIM-DAP-B 17 February 2023

STATEMENT OF WORK

FOR

REPAIR 2EA GENERATORS AT BLDG. #1652 & 1653, CAMP HENRY.

PROJECT NO. J1-00004-3J

TABLE OF CONTENTS

1. Technical Provisions - I: General Description of work to be completed

2. Technical Provisions - II: Technical Detail Specifications

3. Technical Provisions - III: Special Conditions

4. Technical Exhibit - I: Deliverable Schedule

TECHNICAL PROVISIONS - I

GENERAL DESCRIPTION OF WORK TO BE COMPLETED

PROJECT NO TITLE LOCATION

J1-00004-3J Repair 2ea generators at Bldg#1652, 1653 Camp Henry

DESCRIPTION: The work to be performed shall be in accordance with all drawings and specifications provided under this contract.

a. Work by Contractor:

(1) The contractor shall provide all labor, tools, equipment, supplies and any other resources necessary to accomplish the scope of work contained herein as indicated in the drawings the specifications.

(2) The contractor shall repair 2ea generators at Bldg#1652, 1653, Camp Henry in accordance with the specifications and drawings.

b. Work by In-House Labor: Not applicable to this project.

c. Work by Troop Labor: Not applicable to this project.

(3) Performance Period: Shall be 180 calendar days, including 120 days for procurement of US origin materials after Notice to Proceed (NTP) is issued.

PRINCIPAL FEATURES: This project shall include the following:

General Services:

The contractor shall submit completed material lists and shop drawings to DPW, Engineering Division, Design and Technical Review Branch through the COR.

Schedule #I, Repair/ Maintenance (K): All work shall be in accordance with the attached drawings and specifications.

Electrical Work

1. Repair 100KW Generator (KOHLER100) incl. all necessary accessories at Bldg#1653, Camp Henry

Replace/repair Air filter, Oil Filter, Diesel Filter, Diesel Engine Oil Blue7800, Antifreeze Coolant CC2850, 2ea Battery RP100, Jack Heater Hose 18mm thk 4LM.

2. Repair 100KW Generator (CUMMINS C100) incl. all necessary accessories at Bldg#1652, Camp Henry Replace/repair Air filter, Oil Filter, Diesel Filter, Diesel Engine Oil Blue7800, Antifreeze Coolant CC2850, 2ea Battery RP100, Jack Heater Hose 18mm thk 4LM.

TP I – 1

3. The contract shall check / test operation and clean 2ea generators.

Construction Debris

1. The contractor shall remove and dispose waste oil, water, antifreeze coolant, gasket, heater, hose battery, filter, pump, rag & unavailable parts of generator to outside compound in accordance with local laws and regulations.

TP I - 2

TECHNICAL PROVISIONS - II

TECHNICAL DETAIL SPECIFICATIONS

J1-00004-3J Repair 2ea generators at Bldg#1652 & 1653 Camp Henry

GENERAL: The specifications are from the "Standard Technical Specifications for O&MA Projects, Korea", dated 30 October 2015, issued by the Department of the Army, Installation Management Command. The most current specifications are available (for referral purposes only) on the USFK’s Web Page http://www.usfk.mil/Resources/Contracting-with-USFK. The electronic version of the specifications are Acrobat® PDF format and can be read with the Acrobat Reader® software.

TP II – 1

TECHNICAL PROVISIONS - III

SPECIAL CONDITIONS

J1-00004-3J Repair 2ea generators at Bldg#1652 & 1653 Camp Henry

1. GENERAL: In addition to the requirements specified under "GENERAL PROVISIONS" for the Fixed Price Construction Contract for this project, the Contractor shall comply with the following "SPECIAL CONDITIONS" which is incorporated in-to the contract.

2. WORK HOURS: The work will be accomplished from 0730 hours through 1730 hours (Monday through Saturday) except for Korean Legal Holidays. Any proposed change in working hours must be approved by the

Contracting Officer (KO) and Contracting Officer's Representative (COR). Please note that there will be an exception for night shift when working on the fire alarm system.

3. NOTIFICATION OF INSPECTION SECTION: The contractor shall also give the project inspector seven (7) working days’ notice prior to each concrete placement, field test, weld application, protective coating application, or any other work deemed by the Government to require inspection.

4. COORDINATION: The contractor shall coordinate his work with all others (subcontractor and government agencies) involved in this project and shall cooperate with all other contractors and government agencies so as to facilitate the general progress of the work. Before proceeding with any work, the contractor and/or subcontractor shall consult applicable drawings and specifications for each trade involved.

5. CONSTRUCTION: The contractor shall submit a request for the construction permit at least ten (10) working days prior to the starting of work. The request shall be submitted to the COR for approval.

6. MATERIALS COMPLIANCE: The contractor shall make certain all materials used meet the requirements of the contract and proof thereof upon request of the COR. Materials not meeting the requirements of the contract shall not be brought to the job site. All materials shall be new and the standard products of a manufacturer regularly engaged in the manufacturing of such materials.

7. HOISTING AND MOVING EQUIPMENT: The Contractor and each subcontractor shall provide and be responsible for all cranes, lifts, and other equipment necessary for proper and efficient movement of materials. The equipment shall be provided with proper guys, bracing, safety devices, and any other items, as required by law.

8. EQUIPMENT: All contractor equipment shall be subject to functional and safety inspection by the COR.

Equipment not completely safe or functional shall be repaired and accepted by the government before work is initiated.

TP III – 1

9. RECORD DRAWINGS: During performance of work, the contractor shall accurately record and delineate on a set of full-size blue line prints of contract drawings any changes in such work which constitute any change from the original contract drawings per government’s approval. The set of drawings (one original and one blue line print), thus corrected and changed, usually referred to as “As-Built Drawings”, shall be delivered to the COR at the final acceptance/inspection of the completed work by the Government.

10. US ORIGIN MATERIALS: If applicable, all US Origin Materials will be ordered immediately after Notice to Proceed dependent on Government’s direction if such material is not yet determined.

11. RELEASE OF FACILITIES WITH U.S. ORIGIN MATERIALS: If applicable, Building/facility will not be released to the contractor by the COR until all U.S. origin building construction supplies are available or due within such a time frame that there will be no delay in project completion.

12. UTILITY CUTOVERS AND INTERRUPTIONS: Make utility cutovers and interruptions after normal working hours or on Saturdays, Sundays, and U. S. Government holidays. Conform to procedures required in the paragraph "Work Outside Regular Hours." Ensure that new utility lines are complete, except for the connection, before interrupting existing service. Interruption to water, sanitary sewer, storm sewer, telephone service, electric service, air conditioning, heating, fire alarm, compressed air, shall be considered utility cutovers pursuant to the paragraph entitled "Work Outside Regular Hours." Such interruption shall be limited to 4 hours. This time includes for deactivation and reactivation.

13. WORK OUTSIDE REGULAR HOURS: Work outside regular working hours requires Contracting Officer approval. Make request fourteen (14) calendar days prior to such work to allow arrangements to be made by the Government for inspecting the work in progress, giving the specific dates, hours, location, type of work to be performed, contract number and project title. Based on the justification provided, the Contracting Officer may approve work outside regular hours. During the period of darkness, associated level of work shall be lighted in a manner approved by the Contracting Officer. Make utility cutovers after normal working hours on Saturdays, Sundays, and U. S. Government holidays unless directed otherwise.

14. WINTERIZATION: The contractor may be required to perform the work during the winter season, which may cause the contractor additional cost. These additional incurred costs are contractor’s responsibility. The Contractor shall reflect these costs in the preparation of their proposal.

15. SAFETY: The safety plan must be approved before any work can be performed on this contract. Hard hats, suitable work boots and other necessary personnel protective gear per safety regulations are mandatory. Contractors are required to get a written permission from safety office and Fire and Emergency Service prior to entering confined spaces (i.e., manholes). Contractors should be properly trained and equipped with PPEs, calibrated air monitoring instrument, to work at confined spaces to insure compliance with OSHA (Occupational Safety and Health Administration) 29 CFR 1910.146.

16. SECURITY: All prime contractor and subcontractor personnel will be required to obtain a station pass from the Base Security Office. It is the prime contractor’s responsibility to provide information to security regarding all prime and subcontractor personnel and a list of all vehicles that will be driven on the site.

TP III – 2

17. WARRANTY: The contractor shall be responsible for resolution on any defect/ failure on the contract during the one (1) year warranty period. The contractor shall provide services or/and repair and replacement to the satisfaction of the government. The one (1) year warranty starts the day after final inspection approval from the authorized government personnel.

18. ANTITERRORISM/OPRATIONS SECURITY REQUIREMENTS.

18.1. AT Level 1 Training: This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable and annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 05 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http://jko.jten.mil.

18.2. Access and General Protection/Security Policy and Procedures. This standard language is for contractor employees with an area of performance within Army controlled installation, facility, or area.

Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

18.3. For contractors that do not require CAC but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

18.4. iWATCH TRAINING. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility, or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 05 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

TP III – 3

19. ENVIRONMENTAL MANAGEMENT SYSTEM (EMS): Recycling all eligible material, including glass, paper (including magazines), plastic, aluminum, and cardboard to the maximum extent practicable;

Reducing the amount of hazardous material and/or solvent used by purchasing fewer hazardous materials and by increasing the use of products with recycled content;

Reducing the amount of solid waste from construction and demolition debris, and scrap metal sent to municipal and rubble landfills by reducing, reusing, and recycling;

Conserving energy and water usage by turning off lights and equipment when not in use and using only the necessary amount of water needed to complete the required tasks. Continuous conservation of our natural resources is a must;

20. CONTAMINATION FIND CLAUSE: When contaminated soil is encountered during excavation work, contractor shall report the findings to the Environmental Office immediately and contractor will segregate contaminated soil from clean soil.

21. INADVERDENT FIND CLAUSE: When potential cultural or historic items are inadvertently found during construction activities, contractor shall cease activities in the vicinity of the discovery and report the findings to the Environmental Office immediately. (Reference: USFK Reg 201-1, Environmental Governing Standard (EGS) Ch.

12, Para 12-3 J)

22. FUEL TANK AND LINES: If applicable, underground piping associated with POL storage containers shall be tested for integrity and leaks at the time of installation, modification, construction, relocation, or replacement. New underground piping must be protected against corrosion IAW recognized industry standards. (Reference: USFK Reg 201-1, Environmental Governing Standard (EGS) Ch. 9, Para 9-3.b. (5))

23. Non-PCB TRANSFORMER CERTIFICATION: If applicable, before contractor replace/install any transformer at USAG Daegu, contractor shall submit two copies of non-PCB (Polychlorinated Biphenyl) transformer certification to COR for each installed transformer. New transformer will be installed after COR's approval for non-PCB transformer certification for each to be installed transformer.

TP III – 4

TECHNICAL EXHIBIT I: DELIVERABLE SCHEDULE

DELIVERABLE FREQUENCY FORMAT

OF

COPIES

SUBMIT TO

Final Project Schedule

Within 30 calendar days after NTP Electronic copy.

COR

Preconstruction Submittals

Within 15 days after NTP Electronic copy.

COR

Quality control plan (QCP)

Within 15 days after NTP Electronic copy.

COR

Safety Plan Para. TPIII. 15

Prior to the date of NTP Electronic copy.

COR

Construction permission Para. TPIII. 5

10 working days prior to the starting of work

Electronic copy.

COR

Notification of need for inspection Para. TPIII. 3

7 working days prior to any work deemed by the Government to require inspection

Electronic copy.

COR

DD Form 1354, Transfer and acceptance of DoD real property

Prior to final inspection Electronic copy.

COR

As-built drawings Para. TPIII. 9

Prior to final inspection Electronic copy.

COR

AT Level I Training Certificate Para. TPIII.

18.1

NLT 30 calendar days after contract award

All Training Certificates

COR

iWATCH Training Certificate Para. TPIII.

18.4

NLT 30 calendar days after contract award

All Training Certificates

COR

TE I – 1

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

4001 N/A N/A N/A N/A 4001AA Destination Government Destination Government 4002 Destination Government Destination Government

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 180 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

LOCAL CLAUSE

5152.229-4015 – Tax Exemption POL Products, Republic of Korea

As prescribed in 29.402-1.d, insert the following clause:

TAX EXEMPTION Petroleum, Oil and Lubricant (POL) PRODUCTS, REPUBLIC OF KOREA

(a) This clause is an implementation of Article XVI of the Status of Forces Agreement (SOFA) 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.

(b) 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. The Contractor shall also state the estimated quantity and amount of POL to be purchased from each refinery/gas station. The USFK Contracting Officer will verify the amounts claimed for use on the contract and, based on this verification, the USFK Issuing Officer will issue USFK POL Tax Exemption Coupons.

(c) If the Contractor elects 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 at a fixed exempt price. Pre-selected oil company refineries will sell their POL products at the fixed exempted prices upon presentation of coupons by the contractor.

List of Oil Companies and their Respective Tax Offices

Hyundai Oil Refinery Co., Ltd.: Seo San District Tax ATTN: POL Tax Administrator Seo San City, Korea

SK Energy: Ulsan District Tax Office S-Oil ATTN: POL Tax Administrator Ulsan City, Kyongsang Nam Do, Korea

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

(d) If the contractor elects to purchase POL products from an individual gasoline station, the Contracting Officer will advise the contractor as to which stations will sell at the fixed exempt price. The contractor shall specify from which of those stations it will purchase and 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 station previously nominated. Representatives from the chosen gas station shall be present at the issuing session to collect the advance payment, mark “paid” on the back of the original copy of the issued coupons, and provide the Contractor with tax invoices by which to obtain a refund from the governing ROK District Tax Office. Having collected POL payment in advance, the gas station will accept pre-paid USFK POL Tax Exemption Coupons from the contractor and provide the POL amount reflected on tendered coupons without further charge.

(e) All coupons for construction contracts shall be issued at the time of award. Coupons for requirements-type contracts shall be issued on a delivery order incremental basis or on a monthly basis.

CLAUSES INCORPORATED BY REFERENCE

52.203-2 Certificate Of Independent Price Determination APR 1985 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018

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.

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 51 percent of the total amount of work to be performed under the contract. 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.

52.244-2 SUBCONTRACTS (JUN 2020)

(a) Definitions. As used in this clause--

Approved purchasing system means a Contractor's purchasing system that has been reviewed and approved in accordance with Part 44 of the Federal Acquisition Regulation (FAR).

Consent to subcontract means the Contracting Officer's written consent for the Contractor to enter into a particular subcontract.

Subcontract means any contract, as defined in FAR Subpart 2.1, entered into by a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(b) When this clause is included in a fixed-price type contract, consent to subcontract is required only on unpriced contract actions (including unpriced modifications or unpriced delivery orders), and only if required in accordance with paragraph (c) or (d) of this clause.

(c) If the Contractor does not have an approved purchasing system, consent to subcontract is required for any subcontract that—

(1) Is of the cost-reimbursement, time-and-materials, or labor-hour type; or

(2) Is fixed-price and exceeds—

(i) For a contract awarded by the Department of Defense, the Coast Guard, or the National Aeronautics and Space Administration, the greater of the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, or 5 percent of the total estimated cost of the contract; or

(ii) For a contract awarded by a civilian agency other than the Coast Guard and the National Aeronautics and Space Administration, either the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, or 5 percent of the total estimated cost of the contract.

(d) If the Contractor has an approved purchasing system, the Contractor nevertheless shall obtain the Contracting Officer’s written consent before placing the following subcontracts:

(e)(1) The Contractor shall notify the Contracting Officer reasonably in advance of placing any subcontract or modification thereof for which consent is required under paragraph (b), (c), or (d) of this clause, including the following information:

(i) A description of the supplies or services to be subcontracted.

(ii) Identification of the type of subcontract to be used.

(iii) Identification of the proposed subcontractor.

(iv) The proposed subcontract price.

(v) The subcontractor’s current, complete, and accurate certified cost or pricing data and Certificate of Current Cost or Pricing Data, if required by other contract provisions.

(vi) The subcontractor’s Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other provisions of this contract.

(vii) A negotiation memorandum reflecting—

(A) The principal elements of the subcontract price negotiations;

(B) The most significant considerations controlling establishment of initial or revised prices;

(C) The reason certified cost or pricing data were or were not required;

(D) The extent, if any, to which the Contractor did not rely on the subcontractor’s certified cost or pricing data in determining the price objective and in negotiating the final price;

(E) The extent to which it was recognized in the negotiation that the subcontractor’s certified cost or pricing data were not accurate, complete, or current; the action taken by the Contractor and the subcontractor; and the effect of any such defective data on the total price negotiated;

(F) The reasons for any significant difference between the Contractor’s price objective and the price negotiated; and

(G) A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered.

(2) The Contractor is not required to notify the Contracting Officer in advance of entering into any subcontract for which consent is not required under paragraph (c), (d), or (e) of this clause.

(f) Unless the consent or approval specifically provides otherwise, neither consent by the Contracting Officer to any subcontract nor approval of the Contractor’s purchasing system shall constitute a determination—

(1) Of the acceptability of any subcontract terms or conditions;

(2) Of the allowability of any cost under this contract; or

(3) To relieve the Contractor of any responsibility for performing this contract.

(g) No subcontract or modification thereof placed under this contract shall provide for payment on a cost-plus-a-percentage-of-cost basis, and any fee payable under cost-reimbursement type subcontracts shall not exceed the fee limitations in FAR 15.404-4(c)(4)(i).

(h) The Contractor shall give the Contracting Officer immediate written notice of any action or suit filed and prompt notice of any claim made against the Contractor by any subcontractor or vendor that, in the opinion of the Contractor, may result in litigation related in any way to this contract, with respect to which the Contractor may be entitled to reimbursement from the Government.

(i) The Government reserves the right to review the Contractor’s purchasing system as set forth in FAR Subpart 44.3.

(j) Paragraphs (c) and (e) of this clause do not apply to the following subcontracts, which were evaluated during negotiations:

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

As prescribed in 29.402-1.d, insert the following clause:

TAX EXEMPTION Petroleum, Oil and Lubricant (POL) PRODUCTS, REPUBLIC OF KOREA

(a) This clause is an implementation of Article XVI of the Status of Forces Agreement (SOFA) 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.

(b) 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. The Contractor shall also state the estimated quantity and amount of POL to be purchased from each refinery/gas station. The USFK Contracting Officer will verify the amounts claimed for use on the contract and, based on this verification, the USFK Issuing Officer will issue USFK POL Tax Exemption Coupons.

(c) If the Contractor elects 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 at a fixed exempt price. Pre-selected oil company refineries will sell their POL products at the fixed exempted prices upon presentation of coupons by the contractor.

List of Oil Companies and their Respective Tax Offices

Hyundai Oil Refinery Co., Ltd.: Seo San District Tax ATTN: POL Tax Administrator Seo San City, Korea

SK Energy: Ulsan District Tax Office S-Oil ATTN: POL Tax Administrator Ulsan City, Kyongsang Nam Do, Korea

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

(d) If the contractor elects to purchase POL products from an individual gasoline station, the Contracting Officer will advise the contractor as to which stations will sell at the fixed exempt price. The contractor shall specify from which of those stations it will purchase and 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 station previously nominated. Representatives from the chosen gas station shall be present at the issuing session to collect the advance payment, mark “paid” on the back of the original copy of the issued coupons, and provide the Contractor with tax invoices by which to obtain a refund from the governing ROK District Tax Office. Having collected POL payment in advance, the gas station will accept pre-paid USFK POL Tax Exemption Coupons from the contractor and provide the POL amount reflected on tendered coupons without further charge.

(e) All coupons for construction contracts shall be issued at the time of award. Coupons for requirements-type contracts shall be issued on a delivery order incremental basis or on a monthly basis.

Section J - List of Documents, Exhibits and Other Attachments

DRAWINGS LIST

APPENDIX "A"

LIST OF APPLICABLE CONTRACT DRAWINGS

J1-00004-3J Repair 2(ea) generators at Bldg# 1652 & 1653 C/H

GENERAL: The work shall conform to the standard detail drawings (dated 30 November 2015, issued by the Department of the Army, Installation Management Agency, Korea Region Office and located USFK’s Web Page http://www.usfk.mil/Resources/Contracting-with-USFK), all of which form a part of the specifications.

Drawing No. Sheet No. Description

D1 1 of 3 Location Plan – Camp Henry

D2 2 of 3 Detail – Generator, CUMMINS C100

D3 3 of 3 Detail – Generator, KOHLER100

Section K - Representations, Certifications and Other Statements of Offerors

ATTACHMENT: CONTRACTOR’S TAX EXEMPTION DECLARATION

(1) References:

(i) Contract clause, "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. _________ Input VAT on transportation leased/rented for this contract. _________ Input VAT on equipment leased/rented for this contract. _________ Input VAT on services purchased for this contract. _________ Output VAT on total contract amount. _________

(iv) Special Excise (Petroleum) Tax:

No. of Unit Price Total Tax Liters w/o Tax Tax/Unit Amount

Regular Gasoline __________ (L) ₩_________ ₩________ ₩_________

Premium Gasoline __________ (L) ₩_________ ₩________ ₩_________

Diesel __________ (L) ₩_________ ₩________ ₩_________

Other __________ (L) ₩_________ ₩________ ₩_________

(3) Name of Oil Company Refinery 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 for ROK MND-funded contracts and delivery orders), and Special Excise Tax.

Contractor’s Signature