W90VN924R0077.pdf
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- Solicitation number
- W90VN924R0077
About this file
This document is a Request for Proposal (RFP) for the installation of a Building Transceiver System at B367, Camp Walker, Korea. The contractor shall provide all labor, tools, equipment, supplies, and other resources necessary to complete the work in accordance with the Statement of Work, specifications, and drawings.
The project has a performance period of 180 calendar days, including 120 days for procurement of US origin materials after the Notice to Proceed. Proposals are due by 1:00 PM local time on May 1, 2024. The contract will be awarded to the offeror submitting the lowest evaluated price proposal that meets the technical acceptability requirements. Offerors are encouraged to attend a site visit on April 23, 2024. Pricing proposals must exclude applicable Korean taxes, which are exempt under the Status of Forces Agreement.
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Text version
0012104878
THIS IS A NON-WORK PLAN TASK ORDER RFP TO MATOC CONTRA CT, A REA IV ONLY .
- In accordance w ith FA R 36.204 the magnitude of scope is betw een $25,000 and $100,000
- This RFP is in accordance w ith terms and conditions of base year of MA TOC General Construction contracts issued by 411th Contracting Support Brigade (CSB). The Proposals from of ferors other than these MATOC Contractors w ill not be considered for aw ard. Parent Contract Numbers: W91QV N24D0039 thr u 0058, 0081, 0101, 0105, and 0110.
OFFERORS MUST COMPLY WITH THE FOLLOWING:
a. Site Visit: Offerors w ho intend to propose on this solicitation are encouraged to attend the site visit. See site visit clause FAR 52.236-27 in Section L. Offerors are required to have a valid Korean Identif ication Card w hen attending the site visit orientation.
b. If the MA TOC contractor is unable to submit the proposal in response to this RFP, the contractor shall submit the “ No-Of fer Letter ’ by the date and the specif ied in this solicitation.
c. The contractor opportunity can be view ed through the SAM.gov, https://sam.gov. A ll pricing proposals and Section K of the solicitation shall be submitted by 1300 hrs on the closing date of the RFP via e-mail to eric.k.kim.mil@army.mil
SSG KIM, ERIC K. 315-763-5201
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
15-Apr-2024
(RFP)
(IFB)
X
CALL:
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 ________180 calendar days after receiving aw ard, X notice to proceed. This performance period is 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 __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________01 May 2024 (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 of fers 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 _______180 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
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.
8. ADDRESS OFFER TO (If Other Than Item 7)
FAX:TEL: TEL: FAX:
W90VN924R0077 30
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
W90VN924R0077
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job K Work (Non-Work Plan)
FFP
Install a Building Transceiver System at B367, Camp Walker. The Contractor shall provide all necessary resources for this requirement and perform Project No. JT- 10005-2J in accordance with the Statement of Work (SOW), Specification, Drawing and terms and conditions of this contract contained herein.
FOB: Destination
PURCHASE REQUEST NUMBER: 0012104878
PSC CD: Z1AZ
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 1 Lot War Hazard
FFP
Estimated Cost for War Hazard Losses is Zero (0) FOB: Destination
PSC CD: Z1AZ
NET AMT
Section C - Descriptions and Specifications
STATEMENT OF WORK
STATEMENT OF WORK
FOR
INSTALL A BUILDING TRANSEIVER SYSTEM
AT B367, CAMP WALKER
PROJECT NO. JT-10005-2J
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
JT-10005-2J Install a Building Transceiver System at B367 Camp Walker
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 and specifications.
(2) The contractor shall install a Building Transceiver System at B367, Camp Walker in accordance with the specifications and drawings.
(3) Performance Period: Shall be 180 calendar days, including 120 days for procurement of US origin materials after Notice to Proceed (NTP) is issued.
b. Work by In-House Labor: Not applicable to this project.
c. Work by Troop Labor: Not applicable to this project.
PRINCIPAL FEATURES: This project shall include the following:
General Services:
1. 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. Install new building transceiver with miscellaneous material.
2. Install fire alarm antenna system.
3. Check the entire system for performance.
Material:
1) Building Transceiver (BT-XM): BT-XF, 4–28 zones, narrowband radio, 20" H x 12" W x 4" D red single-wide, one 12V/12 Ah battery, BT-XF fire zone card, provides 4 zone inputs and 8 relay driver outputs, BT-X zone expansion backplane supports 2 zone cards (fire or security) MFG: Monaco Enterprises, Inc., UL listed or equal product. QTY: 1 EA
2) Miscellaneous Material:
BT-X Zone Option (Card & Board) / MFG: Monaco Enterprises, Inc., UL listed or equal product.
QTY: 1 EA
Antenna / MFG: Monaco Enterprises, Inc., UL listed or equal product. QTY: 1 EA Lightning Arrestor /w Box / MFG: Monaco Enterprises, Inc., UL listed or equal product. QTY: 1 EA Electrical Wire, AWG #6 & Coax Cable, Electrical Conduit Pipe.
General Work
The contractor should coordinate any salvageable and recyclable materials within project limit with COR carefully to determine proper material handing methods.
Construction Debris
The contractor shall remove and dispose construction debris to outside compound in accordance with local laws and regulations.
TECHNICAL PROVISIONS - II
TECHNICAL DETAIL SPECIFICATIONS
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.
TECHNICAL PROVISIONS - III
SPECIAL CONDITIONS
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.
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.
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.
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.
24. DUST REDUCTION REQUIREMENTS: Contractor shall perform the works in accordance with the USFK Regulation 201-1, Table 2-7.
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
Within 15 days after 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
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 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, including 120 days for procurement of US origin materials 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
CLAUSES INCORPORATED BY REFERENCE
52.203-2 Certificate Of Independent Price Determination APR 1985 52.204-7 System for Award Management OCT 2018 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab Covered Entities
DEC 2023
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.222-12 Contract Termination-Debarment MAY 2014 52.229-12 Tax on Certain Foreign Procurements FEB 2021
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 fifty-one (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:
NONE
(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:
NONE
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018)
(a) Definitions. As used in this clause--
Contract financing payment means an authorized Government disbursement of monies to a contractor prior to acceptance of supplies or services by the Government.
(1) Contract financing payments include--
(i) Advance payments;
(ii) Performance-based payments;
(iii) Commercial advance and interim payments;
(iv) Progress payments based on cost under the clause at Federal Acquisition Regulation (FAR) 52.232-16, Progress Payments;
(v) Progress payments based on a percentage or stage of completion (see FAR 32.102(e)), except those made under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at FAR 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and
(vi) Interim payments under a cost reimbursement contract, except for a cost reimbursement contract for services when Alternate I of the clause at FAR 52.232-25, Prompt Payment, is used.
(2) Contract financing payments do not include--
(i) Invoice payments;
(ii) Payments for partial deliveries; or
(iii) Lease and rental payments.
Electronic form means any automated system that transmits information electronically from the initiating system to affected systems.
Invoice payment means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government.
(1) Invoice payments include--
(i) Payments for partial deliveries that have been accepted by the Government;
(ii) Final cost or fee payments where amounts owed have been settled between the Government and the contractor;
(iii) For purposes of subpart 32.9 only, all payments made under the clause at 52.232-5, Payments Under Fixed- Price Construction Contracts, and the clause at 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and
(iv) Interim payments under a cost-reimbursement contract for services when Alternate I of the clause at 52.232-25, Prompt Payment, is used.
(2) Invoice payments do not include contract financing payments.
Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract or task or delivery order.
Receiving report means the data prepared in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense Federal Acquisition Regulation Supplement.
(b) Except as provided in paragraph (d) of this clause, the Contractor shall submit payment requests and receiving reports in electronic form using Wide Area WorkFlow (WAWF). The Contractor shall prepare and furnish to the
Government a receiving report at the time of each delivery of supplies or services under this contract or task or delivery order.
(c) Submit payment requests and receiving reports to WAWF in one of the following electronic formats:
(1) Electronic Data Interchange.
(2) Secure File Transfer Protocol.
(3) Direct input through the WAWF website.
(d) The Contractor may submit a payment request and receiving report using methods other than WAWF only when-
(1) The Contractor has requested permission in writing to do so, and the Contracting Officer has provided instructions for a temporary alternative method of submission of payment requests and receiving reports in the contract administration data section of this contract or task or delivery order;
(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);
(3) DoD makes payment on a contract or task or delivery order for rendered health care services using the TRICARE Encounter Data System; or
(4) The Governmentwide commercial purchase card is used as the method of payment, in which case submission of only the receiving report in WAWF is required.
(e) Information regarding WAWF is available at https://wawf.eb.mil/.
(f) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) Definitions. As used in this clause—
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items—
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
Invoice 2-in-1
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
Invoice 2-in-1
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC W56GBU
Issue By DoDAAC W90VN9
Admin DoDAAC** W90VN9
Inspect By DoDAAC WT4KB6
Service Approver (DoDAAC) WT4KB6
Service Acceptor (DoDAAC) WT4KB6
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
POC: Mr. Yim, Tae Hyon at 763-483 and taehyon.yim.ln@army.mil
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
5152.229-4012 TAX EXEMPTION CUSTOMS, REPUBLIC OF KOREA
Pursuant to Article IX of the Status of Forces Agreement between the Republic of Korea and the United States of America, the United States and its contractors are exempt from Republic of Korea customs duties and other related charges. By submission of its offer or quote, the Contractor certifies that the price for all material, supplies, and equipment to be imported for the performance of this contract do not include any otherwise applicable customs duties. To obtain an exemption or reimbursement for customs duties paid pursuant to performance of the contract, the contractor must provide the Contracting Officer with the total amount of customs duties that have been excluded from the contract price. The Contracting Officer will return USFK Form 75 to the contractor for filing with the Republic of Korea Customs Office at the time of import declaration or later if the customs duties were paid before award of the contract.
5152.229-4013 TAX EXEMPTION SPECIAL EXERCISE 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
APPENDIX
APPENDIX "A"
LIST OF APPLICABLE CONTRACT DRAWINGS
I8-00001-4J Install Chain link Fence with Swing Gate at B3000 Camp George
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 Date
D-1 1 of 8 Location Plan
D-2 2 of 8 Work Plan
D-3 3 of 8 Fence Detail - 1
D-4 4 of 8 Fence Detail - 2
D-5 5 of 8 Fence Detail - 3
D-6 6 of 8 Fence Detail - 4
D-7 7 of 8 Fence Detail - 5
D-8 8 of 8 Fence Detail - 6
Section K - Representations, Certifications and Other Statements of Offerors
CONTRACTOR’S TAX EXEMPTION
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
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
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 Products and Commercial Services.
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