W90VN924R0126.pdf

0012138063

“THIS IS A WORK PLAN TASK ORDER RFP TO MATOC CONTRACT, AREA IV ONLY”

a. This is a Request for Proposal (RFP) issued to existing Area IV General Construction Multiple Aw ard Indefinite Delivery Indefinite Quantity (MAIDIQ) Contractors only.

Contract Number: W91QVN-24-D-0039, 0041, 0042, 0043, 0044, 0045, 0046, 0047, 0049, 0050, 0053, 0055, 0056, 0058, 0081 & 0110.

b. Site Visit: All MAIDIQ contractors w ho intend to propose on this solicitation are strongly recommended to attend the Site Visit. See Section L for the schedule.

c. If the contractor is unable to submit the proposal in response to this RFP, the contractor shall submit the “No-offer letter” by closing date and time specif ied in the solicitation.

d. Contract Price Range: Pursuant to FAR 36.204, the estimated price range of this project is betw een $100,000 and $250,000.

e. SUBJECT TO THE AVAILABILITY OF FUNDS (SAF): Funds are not presently available for this project. No contract aw ard w ill be made under this solicitation until appropriated funds are made available.

MS. YI, KUM SON 315-763-5686

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

04-Jun-2024

(RFP)

(IFB)

X

CALL:

(WORK PLAN) REPAIR OF THE WELL #3, THAAD SITE

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 __________ copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________20 Jun 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 offers are due.

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

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

D. Offers providing less than _______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.

H20-00049-4J

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

FAX:TEL: TEL: FAX:

W90VN924R0126 23

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

W90VN924R0126

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job K Work (Work Plan)

FFP

Repair of the Well #3 in THAAD Site. The Contractor shall provide all necessary resources for this requirement and perform Project No. H20-00049-4J in accordance with the Statement of Work (SOW), Specification, Drawing and terms and conditions of this contract contained herein.

FOB: Destination

PURCHASE REQUEST NUMBER: 0012138063

PSC CD: Z1AA

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: Z1AA

NET AMT

Section C - Descriptions and Specifications

SOW

STATEMENT OF WORK

REPAIR OF THE WELL #3 IN THAAD SITE

(WORK PLAN)

TECHNICAL PROVISIONS - I

GENERAL DESCRIPTION OF WORK TO BE COMPLETED

PROJECT NO TITLE LOCATION

H20-00049-4J Repair of the Well #3 (Work Plan) THAAD Site

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 repair of the well #3 in THAAD Site 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 at the Post Award Conference (PAC). There will also be a Pre-Construction Conference (PCC) upon government’s acceptance of the 100% drawing package and respective design analysis.

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:

Work Plan Special Requirements

1. It is highly recommended for the contractor to attend the site orientation conducted by contracting office and DPW to get a clear understanding of the site overview which could impact design and construction.

2. The contractor shall submit concept drawings, including scope of work to DPW, Area IV, Design branch via 411th Contracting Support Brigade (CSB) included with their proposal. The concept drawing will be reviewed for its acceptability during the technical evaluation stage.

3. The contractor shall submit 50% (Twenty (20) calendar days after the PAC) and 100% (Thirty (30) calendar days after the PAC) drawings by registered and certified engineer with bill of material and quantities for approval prior to commencing construction unless otherwise at Government's discretion. It will be up to the Government who may allow concurrent work such as demolition to be ongoing during the design phase.

4. The contractor shall consider that the proposed site layout plan may change depending on the site conditions and therefore, attendance at site survey during the solicitation phase is encouraged.

5. The contractor shall submit and get approval of shop drawings and detail drawings for construction.

Schedule #I, Repair/ Maintenance (K): All failed or failing system shall be repaired in accordance with the attached drawings and specifications.

Civil Work

1. Provide raw water line (D=100, PVC, and D=50, stainless steel), fittings, and necessary accessories, thrust blocks, and anchor blocks.

2. Provide concrete encasements.

3. Provide concrete valve pits.

4. Provide earth works.

5. Restore existing pavers, chainlink fence and ditches.

6. Cut and plug existing raw water line.

7. Sod with top soil and solid sodding.

8. Reroute/relocate existing underground and aboveground utility lines.

Electrical Work

1. Provide new control system with cable, conduit, electric handholes, concrete encasements and all necessary accessories from well#3 to water treatment plant.

2. Provide empty conduit from new valve pit to new control panel with pulling wire.

Schedule #II, General Requirements: All work shall be in accordance with the attached drawings and specifications.

Mechanical Work

1. See general notes, demolition/ removal notes on drawing Ref. No. C-2.

2. See notes on drawing Ref. No. C-2.

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.

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

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, 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 52.204-13 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 52.229-12 Tax on Certain Foreign Procurements FEB 2021 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7006 Wide Area WorkFlow Payment Instructions JAN 2023

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: 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

Section J - List of Documents, Exhibits and Other Attachments

LIST OF DRAWINGS

APPENDIX "A"

LIST OF APPLICABLE CONTRACT DRAWINGS

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. Ref. No. Sheet No. Description Date

D-24-25 R - 1 1 of 1 Title Sheet 14 May 24

" C-01 1 of 4 Location Plan "

" C-02 2 of 4 Site Layout Plan and Scope of Work "

" E-1 3 of 4 Legend, Notes and Scope of Work "

" E-2 4 of 4 Well Control Plan "

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Drawing 4 14-MAY-2024

Section K - Representations, Certifications and Other Statements of Offerors

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. 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.

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.

https://www.sam.gov/

(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

Section L - Instructions, Conditions and Notices to Bidders

INSTRUCTION TO OFFEROR

1. GENERAL INSTRUCTIONS FOR PREPARATION OF PROPOSAL:

a. Site Visit: Offerors who intend to propose on this solicitation are strongly encouraged to attend the site visit. See site visit Clause FAR 52.236-27. Offerors are required to have a valid Korean Identification card when attending the site visit orientation.

b. Offeror(s) are cautioned to follow the detailed instructions fully and carefully, as the Government reserves the right to make award based on initial offers received, without discussions of such offers.

c. Offeror(s) may, at the discretion of the Government, be asked to provide more information and clarification regarding their proposals. The Government may make a final determination as to whether an offer is acceptable or unacceptable solely based on the proposals as submitted, without requesting any further information. However, if it is deemed necessary the Government may, at its sole discretion, request additional information clarifying but not substantially changing any proposal as submitted. The proposal is intended to be evaluated, and award made, without discussions with the offerors unless discussions are determined to be necessary. If the Government conducts discussions, the Government shall conduct discussions with all offerors in the in accordance with FAR 15.306, Exchanges with offerors after receipt of proposals.

2. SUBMISSION DOCUMENT: Offers shall be via email to kumson.yi.civ@army.mil by the due time and date specified in block 13.A. of this solicitation. All questions are due No Later than 13:00 hours (01:00 PM) Local Time, three (3) workdays after the site visit date specified in Provision FAR 52.236-27 within this solicitation.

a. TECHNICAL PROPOSAL: The pricing proposal shall include the following:

(1) Design Data Submittal: Provide a project specific conceptual drawing(s) which meet “Minimum Requirement for Work Plan”, design data, and other documents indicating offeror’s ability to satisfactorily accomplish the Government design intent and achieves the desired quality end-products in accordance with Work Plan Specifications. As part of the Design Data Submittal, Offeror shall provide:

(a) Drawings

(b) Data Analysis

b. PRICING PROPOSAL: The pricing proposal shall include the following:

(1) Offer Breakdown: Offerors shall submit an offer breakdown that identifies Materials, Labor, and Transportation and Equipment (T&E), and other resources upon which the offeror intends to rely to perform this contract in accordance with the Statement of Work. The offer breakdown must demonstrate that the offeror understands the requirement in the RFP by listing an appropriate amount of materials, labor, and transportation and equipment required to perform the contract in accordance with the Statement of Work and drawings. The Offeror’s proposal must contain all contractor’s costs including mobilization, demobilization, overhead, profit, insurance, design fee and all other costs including but not limited to compliance with environmental laws, tax laws, protection or moving of Government property, engineering services (to include survey work and drawings) and waste disposal inherent to accomplish the work request. No allowance will be made later for any other purpose whatsoever unless specifically allowed elsewhere in the contract. Offeror shall provide one (1) original offer breakdown with price and one (1) copy of the offer breakdown without price in accordance to the provided template below:

(a) Materials:

(I) Local Materials:

(A) Type of material with item description, capacity or model number;

(B) Quantity

(II) U.S. Origin Materials:

mailto:%20kumson.yi.civ@army.mil

(A) Type of material with item description, capacity or model number;

(b) Quantity Labor:

(I) Category of labor;

(II) Quantity (man-days in each category);

(c) Transportation and Equipment:

(I) Description of all transportation and equipment (category and capacity);

(II) Quantity (per trip or equipment-day);

(d) Other Critical Resource(s): Must be fully described.

(2) Section K: Offerors must complete all portions of Section K. The offeror shall review all expenses to ensure that all applicable taxes are excluded from the overall price. In addition, any proposed exemption of a specific ROK tax shall be legitimate, attributable to the contract, and authorized by the applicable stated references.

(3) Design effort on a Work Plan is critical for the offeror to identify their subcontractor who will be submitting the 100% of the drawings and respective design analysis for the Government’s review and acceptance (This is assuming the prime does not have design capabilities). Therefore, it is required as an evaluation factor for the offeror to submit the following information regarding their design subcontractor if the Prime does that have such capability within their company. The following information is required to be submitted with the proposal for Government’s technical review and acceptance:

(I) Design company’s past experience during the past three (3) years on US Government contracts (II) Resumes of the key personnel design team who has experience on construction design projects during the past five (5) years.

Failure to submit the above requirements may be grounds for determining the proposal to be non-responsive and not eligible to be considered for award.

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

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

(b) Site visits may be arranged during normal duty hours by contacting:

POC: Mr. Yi, Tongki Date/Time: 11 June 2024/10:00 hours Address: Meet in front of 남김천휴게소 at 09:30 and move to the THAAD site together Telephone: 0503-363-5370 or email; tongki.yi2.ln@army.mil

Access guidance:

1. Contractors should fill out attached manifest and provide it to Mr. O, Chongwon (chongwon.o.ln@army.mil)

NLT 1500, 7 June 2024 mailto:tongki.yi2.ln@army.mil mailto:chongwon.o.ln@army.mil

2. Contractors must possess their own AREA 4 access authority (Pass), because the escort is unavailable at the THAAD site.

3. Contractors who don’t have the AREA 4 access authority must fill out the attached access questionnaire.

4. Contractors must bring their own reflective safety work vest and wear it when they access to the site.

Section M - Evaluation Factors for Award

BASIS OF AWARD

1. BASIS OF AWARD: An award shall be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors that satisfy all terms and…