solicitation_W912UM22R0019.pdf

SEE ADDENDUM

(No Collect Calls)

W912UM22R0019

b. TELEPHONE NUMBER

315-755-6223

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 03 Jun 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

20-May-2022

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

UNCHONG CHO

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

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:

$16,500,000

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.

W912UM22R0019

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

Housing market analysis summary report

FFP

The contractor shall provide the necessary effort in accordance with Performance Work Statement (PWS), Period of performance is 60days from the date of contract award.

PSC CD: B545

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CMR report

FFP

CMR requirement must be reported by 31 October of each calendar year during the life of the contract. NOTE: Not to exceed 20 Man hours for data collection and report.

NET AMT

CONTRACTING OFFICER STATEMENT

Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO), or an Administrative Contracting Officer (ACO), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

HOUSING MARKET ANALYSIS – REPUBLIC OF KOREA

SECTION 1: SCOPE OF WORK

1.1 General: This is a non-personnel services contract to provide a Housing Market Analysis in Kunsan, Republic of Korea. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn is responsible to the Government.

1.2 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other necessary items and non-personal services necessary to perform a Housing Market Analysis as defined in this PWS. The contractor shall perform to the standards in this contract.

1.3 Background: The U.S. Air Force has several military installations in the Republic of Korea (ROK), including Kunsan K-8 Air Base (also referred to as Kunsan Air Base). Service members and Department of Air Force civilians live on-post in Government provided housing and off-post in housing units leased from private ownerships. These can include 1, 2, 3, and 4+ bedroom units in apartments, villas, townhomes, and single-family homes. Leasing regulations require the payment of fair market rent to private property owners for use of the leased space. An estimate of current fair market rent of fully furnished and unfurnished units within each property type and quantity of available rental units within a 10-mile radius of the installation is required.

1.4 Objectives: This requirement seeks to obtain a comprehensive survey and analysis of market rent for various residential housing types and available supply within the delineated geographic areas. The findings and conclusions of the analysis shall be communicated in a report with the supporting data used in the analysis provided electronically as an attachment. The U.S. Air Force intends to use the report to aid and assist in internal decision making in acquiring off-post private rental leases in the Kunsan area.

1.5 Scope of Work : Kunsan Air Base is seeking the contractor to perform the following tasks:

a. Survey the delineated areas for quantity of available units with a minimum of 37 net square meters (NSM) for both occupied and unoccupied/vacant units, within a 10-mile radius of Kunsan Air Base (see Exhibit 3-map).

b. Provide an analysis of current market rental rates of fully furnished and unfurnished units discovered in the survey.

c. Provide an estimate of fair market rent by property sub-type and market area.

d. Provide an estimate of basic utilities cost by property sub-type and market area

(electricity/water/sewer/gas/garbage).

e. Provide a summary report, written in English, of findings, with market rent conclusions conveyed of total rent (rent + utilities) for each market area in won per square meter (₩/SM) per month for each Sub- Type unit (see exhibit 4-summary of rents report example). Rental rate conclusions must not include any consideration of jeonse, wolse, or other “key money” payment or deposit.

f. Provide an estimate of anticipated near-term future market rent and utility cost growth based on historical evidence and/or market forecasts.

g. Provide supporting data used in the analysis in spreadsheet table (Microsoft Excel or similar).

1.6 Period of Performance: The period of performance shall be 60 days from date of the contract award.

1.7 General Information

1.7.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which the contractor assures the work complies with the requirement of the contract.

1.7.2 Quality Assurance: The Government shall evaluate the contractor’s performance under this contract in accordance with the Performance Requirement Summary. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.7.3 Place of Performance: The work to be performed under this contract shall be conducted at the contractor’s official place of business or at a location designated by the contractor.

1.7.4 Type of Contract: The Government intends to award a firm-fixed-price contract.

1.7.5 Post Award Conference/Periodic Progress Meetings: A Kick-Off meeting will be scheduled within two weeks after contract award between the COR and the Contractor via a mutually agreed upon day and time via online conferencing platform to be determined by the Government. At a minimum, the following topics shall be discussed:

a. Detailed procedure for administration of the project.

b. Project schedule.

c. Identification of the COR/Contracting Officer, Contractor and primary and alternate Point of Contact

(POC).

d. Detailed procedures for submittals.

e. Review and clarification of the contract terms.

The contractor shall attend two other post award conferences to be scheduled by Government personnel, as appropriate, shall review the contractor's performance. These meetings shall be at no additional cost to the government.

1.7.6 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.7.7 Key Personnel: The contractor shall submit a list of key personnel and their qualifications. The contractor shall designate a POC and an alternate POC who shall be responsible for the oversight and overall performance of the work. They will be designated in writing by the contractor. The designation letter shall be provided to the Contracting Officer after the award of contract. The POC or alternate shall have full authority to act on behalf of the contractor on all matters relating to this contract.

The contractor shall have a minimum of five (5) years of experience managing a workforce and providing real estate services of similar scope and complexity. The POC and alternate POC shall have a minimum of 5 years of real estate experience. The POC or alternate POC shall be available between 8:00 a.m. to 4:30 p.m, Korea Standard Time, Monday thru Friday except U.S. Federal and Korean National holidays or when the Government facility is closed for administrative reasons.

1.7.8 Contractor Travel: The U.S. Army will not reimburse the contractor for travel for the Housing Market Analysis project. The contractor must provide all necessary travel in the performance of this PWS.

SECTION 2: DEFENITIONS/ACRONYMS

2.1 Contractor. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.1 Contracting Officer. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.2 Contracting Officer’s Representative (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.3 Data Services. Any provider of relevant market data necessary to complete the assignment. This can include multiple listing services (MLS) or local databases for residential properties, broker/agent services, and statistical data from any applicable source.

2.1.4 Defective Service. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5 Deliverable. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6 Fully Furnished. Owner-provided furniture and kitchen and laundry appliances needed by a typical tenant.

2.1.7 Housing Market Analysis. A document prepared by a qualified real estate professional that estimates the quantity of housing units meeting U.S. Air Force adequacy standards and the market rent for those units within a defined geographic area.

2.1.8 Key Personnel. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.9 Physical Security. Actions that prevent the loss or damage of Government property.

2.1.10 Quality Assurance. The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.11 Performance Requirement Summary. An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.12 Quality Control. All necessary measures taken by the contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.13 Subcontractor. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.14 Work Day. The number of hours per day the contractor provides services in accordance with the contract.

2.1.15 Work Week. Monday through Friday, unless specified otherwise.

2.2 Acronyms:

ACOR Alternate Contracting Officer's Representative AR Army Regulation CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative DA Department of the Army DOD Department of Defense FAR Federal Acquisition Regulation KO Contracting Officer OCONUS Outside Continental United States (includes Alaska and Hawaii) POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement

QA Quality Assurance QC Quality Control QCP Quality Control Program TE Technical Exhibit USAG United States Army Garrison

SECTION 3: GOVERNMENT FURNISHED ITEMS AND SERVICES: Not Applicable.

SECTION 4: SPECIFIC TASKS

4.1 Basic Services: The contractor shall provide services for a Housing Market Analysis.

4.2 Survey of Rental Units: The contractor shall perform a survey of the Kunsan market area, as identified in the Delineated Area Map, for 1, 2, 3, and 4+ bedroom, vacant and occupied, furnished and unfurnished residential rental units across a variety of building types (villa, low-rise apartment, high-rise apartment, etc). The survey shall include current market rent and estimated basic utilities for those units.

This may include reliance on multiple listing services (MLS) or other data gathering services.

4.3 Categorization of Findings by Area, Year Built, and Housing Unit Sub-Type: The contractor shall filter the results of the survey by the Market Area, Year Built, and Housing Unit Sub-Type and reconcile an estimate of market rent values for each and quantity of fully furnished and unfurnished units available.

See Exhibit 4, Summary of Rents Example for format. Rents shall be expressed in Korean Won (₩) per Square Meter per Month.

4.4 Estimate of Rent and Utility Cost Growth: The contractor shall provide an opinion of forecasted changes (3-5 years in advance) in market rent and utility costs based on historical evidence, economic forecasts, or other available data sources.

4.5 Conveyance of Results: The contractor shall provide a summary report, in English, of findings and supporting data used in the analysis.

SECTION 5. Antiterrorism/Operations AT Awareness Training for Contractor Personnel Traveling Overseas. This standard language text required US based contractor employees and associated sub-contractor employees to make available and to receive government provided area of responsibility (AOR) specific AT awareness training as directed by AR 525-13 (Antiterrorism).

Specific AOR training content is directed by the combatant commander with the unit ATO being the local point of contact. All US based contractor employees and associated sub-contractor employees traveling overseas will receive the government provided AOR specific AT awareness training. The documentation of training completion must be provided to the COR prior to departure.

SECTION 6. EXHIBIT LIST

6.1 Exhibit 1 – Performance Requirements Summary

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

(Task)

Performance Standard Performance Threshold

Method of Surveillance

The contractor shall provide a Housing Market Analysis report and supporting data in English 60 days after contract award.

The contractor provided a relevant and meaningful summary report of current market rental rates, estimated utilities, and rent cost growth, with results categorized by Market Area, Year Built, and Housing Unit Sub- Type. Format of the conclusions to be provided in narrative report with tables (see Summary of Rents Example for table format).

Zero deviation from standard

Summary report and tables will be reviewed by USACE RE personnel for adequacy, relevance and completeness of survey information

6.2 Attachment 1_Exhibit 2 – Deliverables Schedule

6.3 Attachment 2_ Exhibit 3 – Map of Delineated Study Area

6.4 Attachment 3_Exhibit 4 – Example Format of Survey Results Summary

-End of PWS-

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A Government N/A Government 0002 N/A N/A N/A N/A

GENERAL INFORMATION

(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 invoices to the COR. Submission of invoices by e-mail is acceptable. If submitting invoices by email, submit to the following address:

a. COR: Argen Ramento E-mail: argen.ramento@usace.army.mil

b. Contracting Office U.S. Army Engineer District, Far East Contracting Division, Purchase Branch POC: Unchong Cho Tele: 0503-355-6223 E- mail: unchong.cho@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. The Contracting Officer shall hold these documents until such time as the Certificate of Property Clearance (DD Form 1593) issued by the Property Administrator/COR is received by 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 ATTN: Ms. Kim, Hyon Cha, Tel. No. 050-3355-6083 e-mail at hyon-cha.Kim@usace.army.mil

(2) INVOICES

mailto:argen.ramento@usace.army.mil mailto:unchong.cho@usace.army.mil mailto:hyon-cha.Kim@usace.army.mil

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);

(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".

COMPLIANCE WITH APPLICABLE LAWS

The contractor shall be responsible for ensuring 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 the 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 Contractor must identify his 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 and provide this information to the Contracting Officer. 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 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 non-responsibility. 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 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 implements 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. The certification shall state 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 http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf 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 implements 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 provide a written list to the Contracting Officer identifying which items will be purchased for the contract that are subject to Special Excise Tax. The list 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 the Contractor purchases the items the Contractor 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 contractor submits an offer, the Contractor shall certify to the Contracting Officer that all the costs in the offer will be exclusive of any Value-Added Tax; and further, that the proposed contract price includes no Value- Added Tax. The contractor shall also list the amount and type of Value-Added Taxes excluded from the contract price. If supplies and/or services which the contractor purchases for this contract include Value-Added Taxes, the Contractor can obtain a full refund for the amount of the Value-Added Tax by submitting to the ROK District Tax Office tax invoices which the contractor receives when it purchases materials and/or services for this contract. The contractor must submit a copy of the USFK contract with its first tax invoice submission. Subsequent tax invoice submissions must be accompanied by a letter which references the USFK contract submitted with the first tax invoice submission.

WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT)

The U.S. Army Corps of Engineers (USACE) has a blanket waiver for Republic of Korea (ROK) waiving Defense Base Act (DBA) Insurance coverage. However, this waiver does not apply to any employee who is hired in the U.S., is a resident of the U.S., or is a citizen of the U.S.

Cost of Defense Base Act Insurance (DBA):

Contractor shall procure DBA insurance coverage commercially from a Department of Labor (DOL) authorized insurance carrier unless the Contractor is under self-insured employers authorized by the DOL. The DOL table of authorized carriers and self-insured employers is available at:

http://www.dol.gov/owcp/dlhwc/lscarrier.htm

STATUS OF FORCE AGREEMENT(SOFA)

SOFA Contract Clause

INVITED CONTRACTOR OR TECHNICAL REPRESENTATIVE STATUS

UNDER U.S. - REPUBLIC OF KOREA (ROK)

Invited Contractor (IC) and Technical Representative (TR) status shall be governed by the U.S.-ROK Status of Forces Agreement (SOFA) as implemented by United States Forces Korea (USFK) Reg 700-19, which can be found under the “publications” tab on the US Forces Korea homepage http://www.usfk.mil

(a) Definitions. As used in this clause—

“U.S. – ROK Status of Forces Agreement” (SOFA) means the Mutual Defense Treaty between the Republic of Korea and the U.S. of America, Regarding Facilities and Areas and the Status of U.S. Armed Forces in the Republic of Korea, as amended

“Combatant Commander” means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. §161. In Korea, the Combatant Commander is the Commander, United States Pacific Command.

“United States Forces Korea” (USFK) means the subordinate unified command through which US forces would be sent to the Combined Forces Command fighting components.

“Commander, United States Forces Korea” (COMUSK) means the commander of all U.S. forces present in Korea.

In the Republic of Korea, COMUSK also serves as Commander, Combined Forces Command (CDR CFC) and Commander, United Nations Command (CDR UNC).

“USFK, Assistant Chief of Staff, Acquisition Management” (USFK/FKAQ) means the principal staff office to USFK for all acquisition matters and administrator of the U.S.-ROK SOFA as applied to US and Third Country contractors under the Invited Contractor (IC) and Technical Representative (TR) Program (USFK Reg 700-19).

“Responsible Officer (RO)” means a senior DOD employee (such as a military E5 and above or civilian GS-7 and above), appointed by the USFK Sponsoring Agency (SA), who is directly responsible for determining and administering appropriate logistics support for IC/TRs during contract performance in the ROK.

(b) IC or TR status under the SOFA is subject to the written approval of USFK, Assistant Chief of Staff, Acquisition Management (FKAQ), Unit #15289, APO AP 96205-5289.

(c) The contracting officer will coordinate with HQ USFK/FKAQ, IAW FAR 25.8, and USFK Reg 700-19. FKAQ will determine the appropriate contractor status under the SOFA and notify the contracting officer of that determination.

(d) Subject to the above determination, the contractor, including its employees and lawful dependents, may be accorded such privileges and exemptions under conditions and limitations as specified in the SOFA and USFK Reg 700-19. These privileges and exemptions may be furnished during the performance period of the contract, subject to http://www.dol.gov/owcp/dlhwc/lscarrier.htm http://www.usfk.mil/ their availability and continued SOFA status. Logistics support privileges are provided on an as-available basis to properly authorized individuals. Some logistics support may be issued as Government Furnished Property or transferred on a reimbursable basis.

(e) The contractor warrants and shall ensure that collectively, and individually, its officials and employees performing under this contract will not perform any contract, service, or other business activity in the ROK, except under U.S. Government contracts and that performance is IAW the SOFA.

(f) The contractor’s direct employment of any Korean-National labor for performance of this contract shall be governed by ROK labor law and USFK regulation(s) pertaining to the direct employment and personnel administration of Korean National personnel.

(g) The authorities of the ROK have the right to exercise jurisdiction over invited contractors and technical representatives, including contractor officials, employees and their dependents, for offenses committed in the ROK and punishable by the laws of the ROK. In recognition of the role of such persons in the defense of the ROK, they will be subject to the provisions of Article XXII, SOFA, related Agreed Minutes and Understandings. In those cases in which the authorities of the ROK decide not to exercise jurisdiction, they shall notify the U.S. military authorities as soon as possible. Upon such notification, the military authorities will have the right to exercise jurisdiction as is conferred by the laws of the U.S.

(h) Invited contractors and technical representatives agree to cooperate fully with the USFK Sponsoring Agency (SA) and Responsible Officer (RO) on all matters pertaining to logistics support and theater training requirements.

Contractors will provide the assigned SA prompt and accurate reports of changes in employee status as required by USFK Reg 700-19.

(i) Theater Specific Training. Training Requirements for IC/TR personnel shall be conducted in accordance with USFK Reg 350-2 Theater Specific Required Training for all Arriving Personnel and Units Assigned to, Rotating to, or in Temporary Duty Status to USFK. IC/TR personnel shall comply with requirements of USFK Reg 350-2.

(j) Except for contractor air crews flying Air Mobility Command missions, all U.S. contractors performing work on USAF classified contracts will report to the nearest Security Forces Information Security Section for the geographical area where the contract is to be performed to receive information concerning local security requirements.

(k) Invited Contractor and Technical Representative status may be withdrawn by USFK/FKAQ upon:

(1) Completion or termination of the contract.

(2) Determination that the contractor or its employees are engaged in business activities in the ROK other than those pertaining to U.S. armed forces.

(3) Determination that the contractor or its employees are engaged in practices in contravention to Korean law or USFK regulations.

(l) It is agreed that the withdrawal of invited contractor or technical representative status, or the withdrawal of, or failure to provide any of the privileges associated therewith by the U.S. and USFK, shall not constitute grounds for excusable delay by the contractor in the performance of the contract and will not justify or excuse the contractor defaulting in the performance of this contract. Furthermore, it is agreed that withdrawal of SOFA status for reasons outlined in USFK Reg 700-19, Section II, paragraph 6 shall not serve as a basis for the contractor filing any claims against the U.S. or USFK. Under no circumstance shall the withdrawal of SOFA Status or privileges be considered or construed as a breach of contract by the U.S. Government.

(m) Support.

(1) Unless the terms and conditions of this contract place the responsibility with another party, the COMUSK will develop a security plan to provide protection, through military means, of Contractor personnel engaged in the theater of operations when sufficient or legitimate civilian authority does not exist.

(2)(i) All Contractor personnel engaged in the theater of operations are authorized resuscitative care, stabilization, hospitalization at level III military treatment facilities, and assistance with patient movement in emergencies where loss of life, limb, or eyesight could occur. Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system.

(ii) When the Government provides medical or emergency dental treatment or transportation of Contractor personnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or transportation.

(iii) Medical or dental care beyond this standard is not authorized unless specified elsewhere in this contract.

(3) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the theater of operations under this contract.

(n) Compliance with laws and regulations. The Contractor shall comply with, and shall ensure that its personnel supporting U.S Armed Forces in the Republic of Korea as specified in paragraph (b)(1) of this clause are familiar with and comply with, all applicable—

(1) United States, host country, and third country national laws;

(2) Treaties and international agreements;

(3) United States regulations, directives, instructions, policies, and procedures; and

(4) Orders, directives, and instructions issued by the COMUSK relating to force protection, security, health, safety, or relations and interaction with local nationals. Included in this list are force protection advisories, health advisories, area (i.e. “off-limits”), prostitution and human trafficking and curfew restrictions.

(o) Vehicle or equipment licenses. IAW USFK Regulation 190-1, Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the theater of operations. All contractor employees/dependents must have either a Korean driver’s license or a valid international driver’s license to legally drive on Korean roads.

(p) Evacuation.

(1) If the COMUSK orders a non-mandatory or mandatory evacuation of some or all personnel, the Government will provide assistance, to the extent available, to United States and third country national contractor personnel.

(2) Non-combatant Evacuation Operations (NEO).

(i) The contractor shall designate a representative to provide contractor personnel and dependents information to the servicing NEO warden as required by direction of the Responsible Officer.

(ii) If contract period of performance in the Republic of Korea is greater than six months, non-emergency essential contractor personnel and all IC/TR dependents shall participate in at least one USFK sponsored NEO exercise per year.

(q) Next of kin notification and personnel recovery.

(1) The Contractor shall be responsible for notification of the employee-designated next of kin in the event an employee dies, requires evacuation due to an injury, or is missing, captured, or abducted.

(2) In the case of missing, captured, or abducted contractor personnel, the Government will assist in personnel recovery actions in accordance with DOD Directive 2310.2, Personnel Recovery.

(3) IC/TR personnel shall accomplish Personnel Recovery/Survival, Evasion, Resistance and Escape (PR/SERE) training in accordance with USFK Reg 525-40, Personnel Recovery

Procedures and USFK Reg 350-2 Theater Specific Required Training for all Arriving Personnel and Units Assigned to, Rotating to, or in Temporary Duty Status to USFK.

(r) Mortuary affairs. Mortuary affairs for contractor personnel who die while providing support in the theater of operations to U.S. Armed Forces will be handled in accordance with DOD Directive 1300.22, Mortuary Affairs Policy and Army Regulation 638-2, Care and Disposition of Remains and Disposition of Personal Effects.

(s) USFK Responsible Officer (RO). The USFK appointed RO will ensure all IC/TR personnel complete all applicable training as outlined in this clause.

(End of Clause)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

DEC 2021

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-20 Predecessor of Offeror AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

DEC 2021

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

DEC 2021

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

OCT 2020

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2021

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.217-5 Evaluation Of Options JUL 1990 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-25 Affirmative Action Compliance APR 1984 52.222-50 Combating Trafficking in Persons DEC 2021 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-18 Availability Of Funds APR 1984 52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2021

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.242-15 Stop-Work Order AUG 1989 52.245-1 Alt I Government Property (SEP 2021) Alternate I APR 2012 52.245-9 Use And Charges APR 2012 52.246-1 Contractor Inspection Requirements APR 1984 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

52.249-4 Termination For Convenience Of The Government (Services) (Short Form)

APR 1984

52.252-6 Authorized Deviations In Clauses NOV 2020 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

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