A.2.11.3_19R0013-approved.pdf

SEE ADDENDUM

(No Collect Calls)

W912UM19R0013 31-Jul-2019

b. TELEPHONE NUMBER

315-755-6088

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 30 Aug 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912UM9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

HYE-KYONG CHON

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIVISION

U.S. ARMY CORPS OF ENGINEERS

FAR EAST DISTRICT

UNIT #15546

APO AP 96271

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 82-503-355-6091 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$15,000,000

NAICS:

541990

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912UM19R0013

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Job Services and Supplies

FFP

VA 70021, Transformer Preventive Maintenance and Testing, USAG Humphreys, Korea. The contractor shall perform all services required in accordance with the Performance Work Statement(PWS), dated 31 July 2019.

NET AMT

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT (PWS)

VA-70021 TRANSFORMER PREVENTIVE MAINTENANCE AND TESTING

USAG-HUMPHREYS, KOREA

31 JULY 2019

1.0 GENERAL PROJECT INFORMATION:

This US Army Corps of Engineers (USACE) project consists of performing electrical distribution system maintenance at USAG-Humphreys, South Korea. This project includes the field testing and insulating liquid analysis of one hundred ninety five (195) oil-filled transformers located throughout the Army garrison. This Performance Work Statement (PWS) describes activities to be performed by the Contractor to perform the required tests, make minor transformer repairs, and prepare test reports.

2.0 REFERENCE STANDARDS:

These tasks shall be performed in accordance with UFC 3-550-07 Operation and Maintenance of Exterior Power Distribution System. The work shall comply with the manufacturer’s recommendations, these specifications, and the applicable NEMA, NETA, NFPA, ANSI and ASTM standards. Work shall be carried out in compliance with applicable safety regulations. Specific oil sample tests shall be in compliance with the following:

Operation and Maintenance of Exterior Power Distribution System UFC 3-550-07 Dielectric Strength ASTM D-877/D-1816 Power Factor ASTM D-924 Interfacial Tension ASTM D-971 Neutralization Number ASTM D-974 Color ASTM D-1500 Moisture Content ASTM D-1533 Inhibitor Content ASTM D-2668 Dissolved Gas Analysis ASTM D-3612 Dissolved Metals ASTM D7151 Visual ASTM D1524

3.0 SCOPE OF WORK: The transformers to be tested are provided as Appendix A.

3.1 General

The work described under any of the following sections shall not commence for any particular item of equipment until the subject equipment has been de-energized, disconnected, tested, and grounded as appropriate. All switching will be performed by the USAG Humphreys Department of Public Works (DPW) personnel. Testing and grounding means as well as all other safety equipment for the contractor’s personnel are the responsibility of the contractor.

This section refers to manufacturer’s published instruction manuals for specific requirements for each item of equipment. The items included below are intended to indicate the required level of testing and maintenance rather than specific procedures.

The Contractor shall inspect all pad-mounted equipment for evidence of rainwater leakage, excessive condensation, insect and animal infestations or interference from vegetation.

The Contractor shall provide all equipment, material, labor, and necessary supervision to perform the duties outlined in this Statement of Work.

3.2 Scope of Work Outline

The Contractor shall conduct/perform the following:

3.2.1 Mechanical Inspection and Test1) Inspect physical and mechanical condition of each transformer

2) Inspect anchorage, alignment and grounding

3) Verify presence of PCB labeling

4) Perform as-found tests prior to cleaning the unit

5) Clean bushing and control cabinet

6) Verify operation of alarms, control and trip circuits

7) Verify that cooling fans and pumps operate correctly

8) Inspect bolted electrical connections for high resistance

9) Verify correct liquid level

10) Verify that positive pressure is maintained on gas blanketed transformers

11) Test load tap-changer

12) Verify the presence of transformer surge arresters

13) Perform as-left tests

14) Verify de-energized tap changer position is left as specified

3.2.2 Electrical Inspection and Test

1) Resistance measurements through bolted connections with a low resistance ohm meter

2) Perform insulation-resistance tests

3) Perform turns ratio tests at designated tap position

4) Perform insulation power-factor or dissipation-factor test on all windings

5) Perform power-factor or dissipation-factor tests on each busing

6) Perform excitation-current test

7) Measure the resistance of each winding at the designated tap position

8) Measure the percentage of oxygen in the gas blanket

9) Remove a sample of the insulating liquid and test for;

a. Dielectric breakdown voltage

b. Acid neutralization number

c. Specific gravity

d. Interfacial tension

e. Color

f. Visual condition

g. Water in insulating liquids

h. Measure power factor or dissipation factor

10) Remove a sample of the insulating liquid and perform a dissolved gas analysis (DGA).

a. Include furan DGA for cellulose paper insulation degradation determination.

b. The baseline furan gas percentage can be used for predictive testing of remaining life of substation Transformers by performing periodic furan dissolved gas tests.

11) Test the instrument transformers.

12) Test the surge arresters.

13) Test the transformer neutral ground impedance devices

3.2.3 Dielectric Testing

Dielectric testing of the 195 each pad mounted type transformers. Testing will be performed on all 500KVA or larger transformer. Testing shall include the following assessments:

1) Moisture analysis

2) Dissolved combustible gas in oil analysis

3) Inhibitor content analysis

4) Metals on oil analysis

5) Power factor analysis

6) PCB analysis in PPM

7) Dielectric strength analysis

3.3 DESCRIPTION OF TASKS

3.3.1 Project Management

The Contractor shall manage and control all work activities associated with this PWS. The Contractor shall provide a monthly status report consisting of a brief summary of work that was completed the previous month, work planned for future month(s), and other pertinent project information. These reports shall be submitted by the Contractor via email to the USACE – Far East District District’s KO, Contracting Officer’s Representative (COR), and Project Manager (PM) no later than the 10th day of the calendar month following the month covered by the report.

The Contractor shall submit a detailed schedule within ten (10) days of contract award date showing the periods in which work will be performed and milestone dates to complete the planning, fieldwork, and reporting tasks. The project schedule shall be provided in Gantt chart format and shall include dates for starting and completing critical features of the work. The Contractor shall update and resubmit the schedule when changes to the schedule are realized and with each monthly status report submission. The contractor shall only charge for work actually performed at US Army Garrison, Camp Humphreys. The contractor’s invoice shall be submitted to the COR for processing.

See Section 5.0 for further details on the required deliverables.

3.3.2 Meeting Attendance

The Contractor shall participate in monthly progress meetings via teleconference. The purpose of these meetings is to discuss project status and results. The Contractor shall provide presentation materials (i.e. agenda) for these meetings. Materials shall be provided for review seven (7) days prior to each meeting. The Contractor shall provide meeting minutes to the USACE PM within seven (7) days of the conclusion of each meeting.

3.3.3 Documents, Reports and Deliverables

The Contractor shall prepare and submit planning documents (i.e., Work Plan, Accident Prevention Plan, Project Planning Chart, and Work Breakdown Structure), submit monthly status reports, and complete project-specific deliverables. See Section 4.0 for detailed requirements of these deliverables.

3.3.4 Company Qualifications

The Contractor or its sub-Contractor shall have a business permits which the prime contractor currently possess that relate to the specialized electrical work described in the PWS. The contractor shall provide a copy of business license for an electric equipment safety & management agency service (전기안전관리대행사업자 전기사업법

시행령 제45조 제3항 제1호) . The Contractor or its subcontractor shall have performed either directly or through subcontract, a minimum of three (3) projects within the past five (5) years that demonstrate technical competency and past experience with transformer preventive maintenance services. Each relevant project shall have a minimum contract value of $25,000 or won equivalent.

The Contractor shall submit technical proposal to include a copy of license and information containing a short descriptive title of the past projects, project location, agency or organization for which the work was performed, role in project. This information should demonstrate that the company is qualified to conduct the specific task(s) under this PWS.

3.3.5 Minimum Key Personnel Qualifications

The Contractor shall employ personnel with the following skills, qualifications, licenses, and certifications to accomplish the work required in conformance with this PWS:

If, during the performance of this contract, the Contractor must utilize key personnel other than those names submitted for this contract, such substitution shall not be made without prior written approval of the KO or his/her authorized representative (COR). If key personnel are performing unsatisfactorily, the KO or COR may direct replacement of such personnel as appropriate.

Contractor shall assign one (1) Project Manager(PM) and adequate number of Electrical craftsmen specialized for distribution system to accomplish this contract. The number of staffing will be determined by contractor after discussion with COR.

The Contractor shall maintain a bi-lingual (English and Korean) staff member on-site at all times.

3.3.5.1 Project Manager (PM)

The PM shall be certified as advanced class electric construction skill or above (특급전기공사기술자 이상) by ROK government and shall have a minimum of two (2) years of experience as a PM within the last five (5) years in electric facility construction or maintenance. Contractor shall submit a resume to include licenses to verify the experiences and qualification.

4.0 REPORTS AND DELIVERABLES

4.1 Planning Documents

4.1.1 Work Plan

The Contractor shall prepare and submit for review a Work Plan (WP) that describes in detail the rationale and approach to be used by the Contractor to perform the required described in this PWS.

The draft WP shall be submitted electronically to the USACE for review within twenty-one (21) days of contract award. The Contractor shall revise the draft WP as necessary based on all review comments received and submit a final WP within seven (7) days of receipt of review comments. The final WP shall be submitted both electronically (in both MS Word and PDF formats) and as hard copies (two copies required).

The WP must be approved prior to the commencement of the fieldwork. All work shall be conducted in accordance with the approved WP.

4.1.2 Accident Prevention Plan

The Contractor shall develop and implement a written Safety and Health Program in accordance with guidelines specified in EM 385-1-1. The Contractor shall prepare an Accident Prevention Plan (APP) for all sites; a Site Safety Health Plan (SSHP) shall be included in the APP as an attachment.

A draft APP shall be submitted electronically to the USACE PM within twenty-one (21) days of contract award.

The Contractor shall revise these plans as necessary and submit a final APP within seven (7) days of receipt of USACE review comments. The final APP shall be submitted both electronically (in both Microsoft Word (MSW) and PDF formats) and as hard copies.

The Contractor shall ensure that its subcontractors, suppliers, and support personnel follow all safety and health provisions established in the approved APP for the site. The USACE reserves the right to stop work under this contract for any safety violations at no additional cost to the Government. The USACE will verify that the Contractor has implemented corrective action before allowing continued performance under the contract.

4.1.3 Project Planning Chart

The Contractor shall prepare and submit a Project Planning Chart (PPC) for approval. The PPC shall detail the project schedule and status though the use of Gantt charts, which shall depict percent complete for each project and task. The PCC shall be submitted in both electronic and hard copy formats as appropriate.

4.1.4 Work Breakdown Structure

The Contractor shall prepare a contract work breakdown structure (WBS). The WBS shall be used to prepare proposal, project schedules, and financial reports. The WBS shall be submitted in Draft and Final versions in both electronic and hard copy formats as appropriate.

4.2. Reports

As the inspection and maintenance of each transformer is completed, a report will be created entitled “Inspection and Maintenance Report” (IMR). A hard copy of the IMR will be delivered to the Utilities Superintendent within 20 business days of completing each Transformer inspection. Also, an electronic copy in an acceptable format, Adobe Acrobat, *.PDF, or Microsoft Word, *.DOC, will be provided to the Utilities Superintendent.

The Inspection and Maintenance (IM) Report will include the following sections:

1) SUMMARY OF PROJECT

2) EQUIPMENT TESTED

3) DESCRIPTION OF TEST

4) ANALYSIS AND CONCLUSIONS

5) UPDATED LIST OF EQUIPMENT IN AN EXCEL FORMAT SIMILAR TO APPENDIX A.

The Inspection and Maintenance Report (IMR) shall be of sufficient detail to specify the condition of equipment and work to be performed to correct deficient or damaged components. The equipment will be listed by manufacturer, year of manufacture component model/part number, component name, and component description. IMR recommendations that merely state "Repair of peripheral devices as noted" are not considered adequate deficiency reports.

All of the aforementioned inspections and maintenance actions will be fully documented.

4.3 Monthly Status Reporting

The Contractor shall submit monthly (unless otherwise specified) status reports summarizing all activities conducted under contract. The monthly reports shall be used to review and evaluate the overall progress of the projects, along with any existing or potential problem areas. The monthly reports shall include a summary of the events that occurred during the reporting period, discussion of performance, identification of problems, proposed solutions, corrective actions taken, and outstanding issues. The monthly reports shall also include project schedule status.

These reports shall be submitted electronically.

5.0 AUTHORITY AND POINTS OF CONTACT

The USACE KO is the only person with the authority to act as agent of the Government under this contract. Only the KO has authority to:

(1) Direct or negotiate any changes in the Statement of Objectives or specifications;

(2) Modify or extend the period of performance;

(3) Change the delivery schedule; or

(4) Otherwise change any terms and conditions of this contract.

The USACE KO is the only person authorized to make or approve any changes in any of the requirements of this contract and not withstanding any provisions contained elsewhere in this contract, the said authority remains solely in the USACE KO. In the event the Contractor makes any changes at the direction of any person other than the USACE KO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

The Government will conduct periodic inspections of the Contractor’s work to determine compliance with the requirements of this contract. The USACE KO will notify the Contractor of any work that is determined to be noncompliant with the contract requirements. The Contractor shall take immediate corrective action after receipt of such notice. The USACE KO may issue an order stopping all or part of the work until satisfactory corrective actions have been taken.

6.0 GENERAL REQUIREMENTS

Within twenty-one (21) days of contract award date, the Contractor shall provide the USACE KO and COR a written list of all personnel, including, site supervisors, support staff, quality assurance inspector(s), laborers, technicians, drivers, etc., who shall be responsible for the performance of the required work and require Base access.

The Contractor shall obtain all required permits. All reports and data generated under this contract are the property of the Government and distribution by the Contractor to any source, unless previously authorized by the USACE KO, is prohibited.

7.0 PERFORMANCE SCHEDULE

7.1 WORK SCHEDULE

The following schedule shall be followed in performing the tasks described in this PWS.

TASK Duration of Task Calendar day

Maximum Days from NTP

Work Progress Schedule (%)

Notice to Proceed 0 0 0% Kick-off Meeting 7 7

Kickoff Meeting Minutes 7 14 Draft WP/APP 7 21 5% Government Review 14 35 Final WP / APP 7 42 10% Execute Project* 265 307 70% Monthly Progress Meeting Every month 307 Monthly Progress Meeting Minutes 7 days after Meeting 307 Monthly Status Report Every month 307 Submit Draft Final Report to include each IM report 28 335 80% Government Review 14 349 Submit Final Report 14 363 100%

7.2 PERFORMANCE REQUIREMENT SUMMARY

The following table provides metrics and methods that are designed to determine if the Contractor’s performance exceeds, meets, or does not meet a given standard and acceptable quality level:

PERFORMANCE SCHEDULE

Performance Objective Performance Standard

Acceptable Quality

Level (AQL)

Monitoring Method Remedy

PWS. Section 3.3.1, 3.3.2 & 4.3 Monthly status reports and progress meeting consisting of a brief summary of work that was completed the previous month, work planned for future month(s), and other pertinent project information is required.

The Contractor shall submit monthly status reports and participate in monthly progress meetings.

100% Compliance

100% Inspection

If deficiency is found, corrective action will be requested. If corrective action is not satisfied or deficiencies occur repeatedly more than once, the contract discrepancy report will be issued.

Performance Objective Performance Standard

Acceptable Quality

Level (AQL)

Monitoring Method Remedy

PWS. Section 3.3.3, and all of Section 4.

Are all documents and reports provided as specified in the PWS.

The Contractor shall provide planning documents, reports and deliverable in a timely manner as stated in PWS Para. Also upon request of customer, provide any other documentation which was covered in the

PWS.

100% Compliance

100% Inspection

If deficiency is found, corrective action will be requested. If corrective action is not satisfied or deficiencies occur repeatedly more than once, the contract discrepancy report will be issued.

PWS Para 3.2 Are all required tasks performed as specified in the PWS.

The Contractor shall perform tasks specified in the PWS.

100% Compliance

100% Inspection

If deficiency is found, corrective action will be requested. If corrective action is not satisfied or deficiencies occur repeatedly more than once, the contract discrepancy report will be issued.

PWS. Para 2.0 Does the all required work comply with all References, Guidance and Standards.

The Contractor shall comply with all related laws and regulations and must meet all compliance requirements.

100% Compliance

100% Inspection

If deficiency is found, corrective action will be requested. If corrective action is not satisfied or deficiencies occur repeatedly more than once, the contract discrepancy report will be issued.

PWS. Para 7.1 Is the all required work completed in a timely manner?

The Contractor shall complete all required work as scheduled in para 7.1.

95% Compliance

100% Inspection

If deficiency is found, corrective action will be requested. If corrective action is not satisfied or deficiencies occur repeatedly more than once, the contract discrepancy report will be issued.

8.0 GENERAL REQUIREMENTS

8.1 COMMUNICATION

All activities performed and any problems encountered in the performance of the work shall be reported to the COR.

The Contractor shall communicate with the USACE FED COR to provide information regarding work progress or issues.

8.2 CONTRACTOR QUALITY CONTROL

The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under this PWS conforms to contract requirements. Contractor quality control shall include corrective actions when deficiencies are identified during such inspection. The Contractor shall warrant the accuracy of data and reports, upon which other reports or projects may be based. The Contractor shall be prepared to defend the findings on behalf of the Government, should a claim or dispute arise. All work performed under this PWS is subject to Government quality assurance reviews before acceptance to ensure strict compliance with terms of the contract.

8.3 GOVERNMENT OBSERVATIONS

A Government quality assurance team from the U.S. Army Corps of Engineers, the Contracting Officer (KO) and / or COR may visit the project sites without prior notification. Government quality assurance inspections are for the sole benefit of the Government and do not relieve the Contractor of the responsibility for providing adequate quality control measures; do not relieve the Contractor of responsibility for damage to or loss of material before acceptance;

and do not constitute or imply acceptance or affect the continuing rights of the Government after acceptance of the completed work. The presence or absence of a Government representative does not relieve the Contractor from any PWS requirement or environmental regulation, nor is the Government representative authorized to change any term or condition of the contract or PWS without written authorization from the KO.

8.4 LIABILITY

The Government shall not be liable for any damage done to the private property of the Contractor, nor any person or public properties, or for personal injuries, illness, disabilities, or for accidental death of the Contractor, Contractor’s employees, and any other person under the Contractor’s control, including members of the general public, caused, in whole or in part, by (a) Contractor’s breach of any term or provisions of the contract and this PWS; or, (b) any negligent or willful act or omission of the Contractor, its employees or subcontractors in the performance of this

PWS.

8.5 INDEMNITY

The Contractor agrees to indemnify, save and defend the Government from and against any and all liabilities, claims, penalties, forfeitures, suits, and the costs and expenses incident thereto (including the costs of defense, settlement and reasonable attorney’s fees), which it may hereafter incur, therefore become responsible for, and/or in result, may pay back as a result of acts or omissions.

8.6 OWNERSHIP

Plans, reports, data, photos, design, drawings, notes, calculations and other work developed in the performance of this contract shall become the sole property of the US Government and may be used on any other design or construction project without additional compensation to the Contractor. The Contractor shall not release any documents or parts thereof, including all data generated to produce project documents, without the written approval of the US Government. The report and results of all analyses and tests shall be proprietary information and the property of the USAG-Yongsan-Casey and the US Army Corps of Engineers. As such, the reports and results may not be released by the contactor to anyone without the express written approval of the US Army Corps of Engineers.

Release of any information without prior written approval of the KO or his designated representatives shall constitute a breach of contract and the contract shall be terminated.

8.7 CONFIDENTIALITY

The Contractor shall not discuss the objectives, funding, progress, or any other part of this project with any person or entity not directly involved with the project itself. Any questions relating to the project shall be referred to the KO. All inquiries from the news media, general public, or ROK officials shall be directed to the KO or his designated representatives. Under no circumstances shall the Contractor discuss the findings of this project with the news media, the general public, or ROK Government officials without prior written approval from the KO.

8.8 LICENSING AND CERTIFICATION

The Contractor shall maintain all training, licensing and certification(s) required by ROK local and national laws and regulations, U.S. laws and regulations, and military regulations through the complete performance period(s) of the awarded contract. For the services described in this PWS, the Contractor will be given a current and an up-to-date copy of all required licensing and certification(s). The required licenses and certifications shall be provided to the COR.

8.9 ACCESS AND GENERAL PROTECTION POLICIES

Contractor and all associated sub-Contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by Government representative). It shall be the Contractor’s responsibility to arrange personnel and escort passes required for entry onto the installations.

8.10 HOURS OF OPERATION

The contractor shall perform all onsite work Monday through Friday, excluding U.S. Federal and Korean National holidays, between the hours of 8:00 AM and 5:00 PM. U.S. (for U.S. Nationals only) and Korean (for Korean Nationals only) National holidays are listed in section 8.11 below. The Contractor shall discuss the hours of operation if the Contractor want to works on holidays and outside of these hours for concurrence by the Government. The Government will not be responsible for any increased labor rate due to the work in outside of these hours of operation. When an unforeseen installation closure occurs on a regularly scheduled day of work, the Contractor shall reschedule the work to be performed the following regular work.

8.11 GOVERNMENT HOLIDAYS

The Contractor’s performance shall not be required on the Federal and ROK public holidays listed below. Holidays occurring on weekends will be observed as directed by the Federal calendar (5 U.S.C. 6103).

U.S. Federal Holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

Republic of Korea National Holidays:

New Year’s Day (Sinjeong), Lunar New Year’s Day (Seollal), Independence (Declaration) Day (Samiljeol), Children’s Day (Eorininal), Buddha’s Birthday (Seokgatansinil), Memorial Day (Hyeonchung-il), Liberation Day (Gwangbokjeol), Midautumn Festival (Chuseok), National Foundation Day (Gaecheonjeol), Christmas Day (Gidoktansinil).

8.12 INSTALLATION ACCESS.

The Contractor shall be responsible for assuring all contractor personnel authorized to perform work under this contract obtain installation access as required by the USFK regulations. The identification badge will be worn in a visible location on the person and surrendered upon completion of work at the end of each visit. Government furnished identification shall be returned to the government when the employee no longer performs work for the Contractor under this contract.

9.0 ANTITERRORISM (AT), SECURITY & INTELLIGENCE and OPERATIONS SECURITY (OPSEC)

REQUIREMENTS.

9.1 AT LEVEL I TRAINING.

All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, 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. Upon request, 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 5 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/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

9.2 ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES.

All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by Government representative). The contractor shall also provide all information required for background checks to meet installation/facility 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 installation or facility change, the Government may require changes in contractor security matters or processes.”

9.2.1 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, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

9.3 iWATCH TRAINING.

The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. 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 project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

9.4 FOR CONTRACTS THAT REQUIRE OPSEC TRAINING.

All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/ or http://cdsetrain.dtic.mil/opsec/index.htm; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.

9.5 CONTRACT REQUIRING PERFORMANCE OR DELIVERY IN A FOREIGN COUNTRY.

All non-local contracting personnel will comply with theater clearance requirements and allows the combatant commander to exercise oversight to ensure the contractor's compliance with combatant commander and subordinate task force commander policies and directives.

10.0 CONTRACTOR MANPOWER REPORTING (CMR).

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year of contract performance. Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mil to review user manuals and gain an understanding about the data fields that will be included in the reporting structure that is hosted at http://www.ecmra.mil/.

http://cdsetrain.dtic.mil/opsec/index.htm http://www.ecmra.mil/

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

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

Section G - Contract Administration Data

GERNAL INFORMATION

CONSIDERATION AND PAYMENT

(1) PAYMENT

1. In consideration for the services rendered and accepted hereunder, the U.S. Government shall make payment to the contractor at the prices specified, in accordance with Contract Clause FAR 52.212-4(i).

2. The contractor shall present all invoice to the COR upon completion of work accepted by the Government by monthly. Submission of invoices by e-mail is acceptable. If submitting invoices by email, submit to the following address:

a. COR: Bryson A. Twidwell E-mail: bryson.a.twidwell@usace.army.mil Tel: 82-503-355-6123

b. Contracting Office

U.S. Army Engineer District, Far East Contracting Division, Purchase Branch E- mail: hye-kyong.chon@usace.army.mil

3. Each invoice shall identify the Contract Number, Item Description, Quantity, Unit Price, Total Amount, and Date.

4. Except for invoices and receiving reports for final payment on contracts involving GFP or GFM, the COR, Ordering Officer, or Receiving Officer, at the time of submission of invoices and receiving report to RMO for payment, shall forward one copy of these documents to the Contracting Officer.

5. For final payment on contracts involving GFP or GFM, the COR, Ordering Officer, or Receiving Officer shall forward the invoice and receiving report(s) directly to the Contracting Officer.

6. Payment for service accepted under this Contract shall be made by:

U.S. Army Engineer District, Far East RMO, Finance & Accounting Officer Unit #15546, APO AP 96271-5546 ATTN: Ms. Kim, Hyon Cha, Tel. No. 82-503-355-6083 e-mail at hyon-cha.kim@usace.army.mil

(2) INVOICES

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

(a) Invoice date;

(b) Name of contractor;

(c) Contract number (including order number, if any), contract line item number, contract description of supplies or services, quantity, contract unit of measure and unit price, and extended total.

(d) Shipment number and date of shipment (bill of lading number and weight of shipment will be shown for shipments on Government bills of lading);

mailto:bryson.a.twidwell@usace.army.mil mailto:hye-kyong.chon@usace.army.mil mailto:hyon-cha.kim@usace.army.mil

(e) Name and address to which payment is to be sent (which must be the same as that in the contract or on a proper notice of assignment); Remit address of invoice must be same as EFT (Electric Fund Transfer) Form that you provided when the time of award of the contract.

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

(g) Any other information or documentation required by other provisions of the contract (such as evidence of shipment). Invoice shall be marked "Original".

Section H - Special Contract Requirements

COMPLIANCE WITH APPLICABLE LAWS

The contractor shall be responsible that all employees strictly observe the Laws of the United States or other governing body affecting all operations of the sites. This shall include regulations imposed by military installations.

The contractor shall comply with all applicable laws under which he is operating including those concerning the inspection and operation of equipment and the licensing of engineers, land surveyors, pilots, mechanics, and other personnel required under this contract.

EXEMPTION FROM KOREAN TAXES FOR POL PRODUCTS USED ON THIS CONTRACT

This clause is in implementation of Article XVI of the Status of Forces Agreement between the Republic of Korea (ROK) and the United States of America granting Contractors exemption from Republic of Korea taxes for petroleum products (POL) utilized on USFK procurements in the Republic of Korea. At the time this contract is awarded, the Contractor will make a final nomination in writing of his point of purchase for POL products to be used on this contract. If he intends to purchase directly from an oil company refinery he may nominate any of the three ROK oil companies which have agreed to sell to Contractor FOB refinery at the Special Excise Tax (SET) exempt price. If the Contractor instead intends to purchase his POL products from an individual gasoline station he will be told by the Contracting Officer which individual gasoline stations will sell to him at the SET exempt price.

He will be required to specify which of those stations he will purchase from. In addition to naming his oil company/gasoline station, the Contractor will be required to state the estimated quantities of POL products required for the contract. The estimated value of the POL products, the value of the tax exemption for the estimated quantity, and the amount of POL to be purchased from each refinery/gasoline station. The Contracting Officer will verify the reasonableness of the amounts of POL products claimed for use on the contract, and based on his verification, the responsible officer will issue USFK POL tax Exemption Coupons. If the Contractor wishes to purchase from an individual gasoline station he will be required to make advance payment for the amount of POL covered by the coupons. Advance payment will be SET exclusive price and will be made to the gasoline station previously nominated. Representatives from nominated gasoline station will be present at the issuing session. They will collect the advance payments, marked "paid" on the back of the original copy of the coupons issued, and will provide to purchasing Contractor with tax invoices to be used by the Contractor to obtain Value Added Tax (VAT) refund from his governing ROK District Tax Office. All coupons for construction contracts will be issued at the time of award.

Coupons for requirements type contracts will be issued on a delivery order increment basis or on a monthly basis.

Pre-selected oil company refineries will sell their POL products at the SET exempted prices upon presentation of the coupons. Individual gasoline stations which have previously collected POL payment in advance will accept the prepaid USFK POL TAX Exemption Coupons from Contractor and will provide the POL amounts reflected on tendered coupons without any further charge.

INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT

In the event of inconsistency between any terms of this contract and any translation thereof into another language, the English language meaning shall control.

U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL, EM 385-1-1

(30 Nov 2014)

This paragraph applies to contracts and purchase orders that require the contractor to comply with EM 385-1-1 (e.g., contracts that include the Accident Prevention clause at FAR 52.236-13 and/or other safety provisions). EM 385-1- 1 and its changes are available at http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf (at the HQ homepage, select Safety and Occupational Health and then select Changes to EM) The contractor shall be http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf responsible for complying with the current edition and all changes posted on the web as of the effective date of this solicitation. (Updated, 2 Mar 15)

MILITARY BASE PERMITS

It shall be the sole responsibility of the Contractor to obtain required passes/decals from each Security Office/Provost Marshal's Office for the duration of this contract. The Contractor shall submit a tabulation of the equipment and vehicles to be used covering such items as (1) make, (2) model name, (3) year, (4) body style, (5) color, (6) License number, (7) vehicle identification number, (8) registration proof and safety check, (9) insurance company, and (10) amount of insurance coverage. The Contractor shall submit a list of all personnel that will be mobilized for this contract including name, social security number, and date of birth, citizenship, and title in the company. The above data shall be submitted to the Contracting Officer no later than three (3) calendar days after the date of receipt by him of notice of award. The Contractor will forward all of the above data to proper authorities (Security/Provost Marshal's Office). If this is an indefinite quantity type contract, contractors shall submit required data within three (3) calendar days after award of each delivery order where performance is required on a military installation..

KOREAN LABOR LAW

Contractors and subcontractors at all tiers, shall honor employees’ rights in full compliance with Korean Labor Law, including the rights of succession of employment. Failure to comply may be deemed breach or default of the contract and evidence of nonresponsibility. Such violation of Korean Labor Law may be evidenced by a Republic of Korea Ministry of Labor determination, a court decision, or a Labor Relations Commission adjudication. If a contractor is found to be in serious violation and fails to take adequate corrective action promptly, USFK may consider this grounds for determining the contractor to be non-responsible for future Government contracts.

TAX EXEMPTION, CUSTOMS, REPUBLIC OF KOREA

(a) EXEMPTION: This clause is in implementation of Article IX of the Status of Forces Agreement between the Republic of Korea and the United States of America granting contractors exemption from Republic of Korea customs duties and other such charges. At the time this contract is awarded, the Contractor shall certify to the Contracting Officer that all materials, supplies, and equipment to be imported for the contract have been proposed to the Government exclusive of customs duties and other such charges and; further, that the contract price includes no customs duty whatsoever. It shall indicate to the Contracting Officer the total amount of customs duties excluded from the contract price. The USFK Contracting Officer will verify the amount of customs duty that would otherwise be applicable to the contract and will issue USFK Form(s) 75 to the Contractor. The contractor will submit the original USFK Form 75 to the governing ROK Customs Office at the time of import declaration. The Chief of the Customs Office will review the USFK Form 75 and will exempt the Contractor from customs duties and other such charges. During the review process the customs office will post on the Contractor's Import Permit the anticipated submission date for a completed USFK Form 76, which will be prepared by the Contracting Officer and given to the contractor immediately after contract performance. The Contractor will submit the original USFK Form 76 to the governing ROK Customs Office no later than the date posted on the Import Permit. If the USFK Form 76 is not submitted by the anticipated date, the ROK Customs Office will immediately collect the customs duties and other such charges previously exempted.

(b) If for any reason the Contractor has paid customs duties on materials, supplies, or equipment prior to award of this contract and desires to use such materials, supplies, or equipment for performance of this contract, the Contractor must exclude such duties from the contract price and may obtain refund of such previously paid duties by submitting a completed USFK Form 76 to the governing ROK Customs Office.

(c) Refund: Any Contractor that requires refund of customs duties and other such charges on items used for USFK contracts, can claim refund of such charges by submitting a copy of a completed USFK Form 76 to the governing ROK Customs Office

(d) This entire clause is inapplicable to contracts, or any portions of contracts, funded by the Republic of Korea.

TAX EXEMPTION, SPECIAL EXCISE TAX, REPUBLIC OF KOREA

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

TAX EXEMPTION, VALUE ADDED TAX, 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…