Amendment 0004 to W912UM23R0010_3APR31.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

a. This amendment is issued to revise Sections 00 22 00 and 00 73 00.

b. All other terms and condition remain the same.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 21

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912UM23R0010

X 9B. DATED (SEE ITEM 11)

23-Mar-2023

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO.

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

31-Mar-2023

CODE

CONTRACTING DIVISION

U.S. ARMY CORPS OF ENGINEERS

FAR EAST DISTRICT

UNIT #15546

APO AP 96271

W912UM 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912UM23R0010

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 22 00 - SUPPLEMENTARY INSTRUCTIONS

The following have been modified:

1. BASIS OF AWARD:

Contract award will be made to the responsible offeror whose proposal represents the best value to the Government utilizing the Lowest Price Technically Acceptable (LPTA) source selection procedure.

2. GENERAL INSTRUCTIONS:

2.1. This acquisition will result in award of a single, firm-fixed-price, DESIGN-BID-BUILD contract.

2.2. Proposals that fail to comply with any material proposal submittal requirement stated in this Section may be deemed unacceptable. Proposals must be submitted in English. Price proposals must be submitted in U.S dollars

2.3. To be eligible for award, an offeror’s proposal must be rated, “Acceptable” for both technical Factors I and II, and the offered price must be the lowest, fair and reasonable price among all proposed prices. The lowest priced, technically qualified offeror must also possess the required responsibility, as defined by FAR Part 9, to receive award.

2.4. Request for Clarifications.

2.4.1. Prospective Offerors shall submit contracting and technical inquiries and questions concerning this solicitation document via Bidder Inquiry in ProjNet at www.projnet.org/projnet.

2.4.2. To submit and review bid inquiry items, offerors will need to be a current registered user or self-register into the system. To self-register, go to the aforementioned web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, enter the Bidder Inquiry Key for this solicitation listed below, your email address, and then click login. Fill in all required information and click create user. Verify that information on the next screen is correct and click continue.

2.4.3. From this page, you may view all bidder inquiries or add a new inquiry.

2.4.4. Offerors will receive an acknowledgement of their questions via email, followed by an answer to their questions after its has they have been processed by the Government. our technical team.

Note: Offerors shall only submit one question per inquiry. All inquiries containing multiple questions will be rejected. Offerors should select FOR OFFICIAL USE ONLY (FOUO) in comment classification when creating inquiry.

The Solicitation Number is: W912UM23R0010 The Bidder Inquiry Key is: VSESJV-HCVKEP H96WS3-3X52WC

2.4.5. The Bidder Inquiry System will be unavailable for new inquiries 10 15 calendar days prior to the date and time for receipt of proposals as specified in Block 13 of Standard Form 1442 in order to ensure adequate time is allotted to form an appropriate response to inquiries and amend the solicitation if necessary.

http://www.projnet.org/projnet

2.4.6. Offerors are requested to review the specification in its entirety, and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

2.4.7. The ProjNet call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago) or by appointment for OCONUS. The telephone number for the Call Center is 1-800-428-HELP. Email to staff@rcesupport.com.

2.5. TIME AND DATE DUE: Offers are due no later than the time and date [Korean Standard Time (KST)] specified in Block 13a. of the Standard Form 1442, Solicitation, Offer and Award, for this solicitation. Proposals Offers received by the Government after the date and time set for receipt of proposals will be handled in accordance with the requirements of Provision “52.215-1, Instructions to Offerors – Competitive Acquisition.”

3. PROPOSAL REQUIREMENT AND SUBMISSION FORMAT:

3.1. SUBMISSION OF TECHNICAL AND PRICE PROPOSAL, to be considered, Offerors must submit both a Technical and Price Proposal. There are thee (3) evaluation factors: Factor 1: Relevant Experience – Prime Contractor; Factor 2: Past Performance; and Factor 3: Price. The proposal for the Price Factor must be submitted in a separate volume and in accordance with the Contract Line Item Number (CLIN) Schedule contained in Section 00 10 00.

3.2. Unless otherwise specified (e.g., Excel spreadsheet), submissions shall be in PDF format, bookmarked according to the Factors described in this Section. The price and technical proposals shall be submitted in separate electronic files. Title the files in the following format:

SOLICITATION NUMBER-COMPANY NAME-PRICE

SOLICITATION NUMBER-COMPANY NAME-TECHNICAL

3.3. All electronic pages must be equivalent to “Letter,” 8 x 11.5 inch pages, if printed on paper, except for pages used for charts or schedules which may be equivalent to “Legal,” 11 x 17 inches, when printed on paper.

Use Times New Roman or Arial font type sized not smaller than 11 pitch.

3.4. Offerors shall submit their proposal packages electronically using the Department of Defense Secure Access File Exchange (DoD SAFE) (https://safe.apps.mil//).

3.5. Additional, separate uploads or file transfers will not be accepted by the Government. In the event more than one Electronic Proposal Package is submitted from a single company, only the latest time/date-stamped Electronic Bid will be downloaded and used. All earlier versions will not be downloaded and will be subsequently rejected.

3.6. To submit an Electronic Proposal Package through the DoD SAFE website, Offerors shall follow the following steps:

Step 1: Send an e-mail no less than 24-hours prior to the closing date and time stated for receipt of Proposals to Mr. Michael M. Miyagi, Michael.M.Miyagi@usace.army.mil and Ms. Sin, Su Yong at Suyong.sin@usace.army.mil requesting a secure link to upload the Proposal Package to the DoD SAFE website (https://safe.apps.mil/).

Step 2: Prospective Offerors who submit a timely request will receive an automated email containing a link that will take the Offeror to the DoD SAFE website where the file can be uploaded.

Step 3: Prospective Offerors shall follow the instructions on the linked webpage to upload the Proposal Package file. There is an optional note section that will be included in the email to the mailto:staff@rcesupport.com https://safe.apps.mil/ mailto:Michael.M.Miyagi@usace.army.mil mailto:Suyong.sin@usace.army.mil recipient selected. The recipient will receive an automated email containing any notes entered and instructions for downloading the file.

NOTE (1): The link is only valid for 14 calendar days from the date and time the email is sent to the Prospective Bidder.

NOTE (2): Offerors are cautioned to log into the DoD SAFE website, using the link provided, with sufficient time to ensure the Electronic Offer Package is completely uploaded and time-stamped by the system prior to the date and time specified for receipt of Electronic Proposals.

NOTE (3): It is the responsibility of the Prospective Offeror to promptly notify Mr. Michael M.

Miyagi at e-mail address: Michael.M.Miyagi@usace.army.mil and Ms. Sin, Su Yong at e-mail address: suyong.sin@usace.army.mil if an email containing the link is NOT received within 24 hours of a written request.

3.7. Recipient information. The recipients of the online submission shall be Contracting Division, Mr. Michael M. Miyagi at: Michael.M.Miyagi@usace.army.mil and Ms. Sin, Su Yong at Suyong.sin@usace.army.mil as well as the POF CT proposals inbox, pof-ct Proposals@usace.army.mil.

4. SUBMISSION AND EVALUATION CRITERIA – VOLUME I – TECHNICAL PROPOSAL:

4.1. Submission Requirements for Possession of a U.S Facility Clearance Level (FCL) of Secret.

4.1.1. Only those potential Offerors who possess a Department of Defense (DoD) Secret Facility Clearance Level (FCL) issued in accordance with the National Industrial Security Program Operating Manual (NISPOM), DoD 5220.22-M, will be allowed to participate in this Solicitation. A Multiple Facility Organization (MFO), as defined in the NISPOM, must possess a DoD Secret FCL. The Offeror must possess a Secret FCL at the time it submits its proposal and continue to maintain the Secret FCL through award and contract execution. If the potential Offeror is a joint venture, all of the joint venture members must possess a minimum Secret FCL at the time the joint venture requests Solicitation documentation and submits its proposal. In accordance with DFARS PGI subpart 204-403(1), the Solicitation specifications and drawings will be released through https://sam.gov only to Offerors who possess a current FCL of SECRET to ensure that all CUI/classified documents are controlled and released only to Offerors with the appropriate security clearance. During and after the Solicitation process, Offerors must handle all Controlled Unclassified Information (CUI) in accordance with the National Industrial Security Program Manual (NISPROM) (DoD 5220-22-M) and Industrial Security Regulation (DoD 522.22-R). The Government shall grant access within 24 hours (not including requests received on weekends in Korea) to qualified requesters.

4.1.2. The Government will confirm the potential Offeror’s Security Qualification based upon the information it submits in accordance with this paragraph. The interested Offerors must submit the following documents via email to: michael.m.miyagi@usace.army.mil and suyong.sin@usace.army.mil no later than 29 March 2023, 10:00 hours, KST. FCL documentation received after 10:00 hours, 29 March 2023, KST will not be evaluated and the potential Offeror will not be provided Solicitation documents.

4.1.2.1. Request for Solicitation specifications and drawings on a PDF document under the potential Offerors’ entity letterhead (this includes JVs). Include: Solicitation Number; the name, address, and telephone numbers and email address of the potential Offeror. The request must be dated and signed by an officer or official who is legally authorized to bind the potential Offeror to the requirements of the Solicitation.

4.1.2.2. A signed copy of the potential Offeror’s Controlled Non-Disclosure Agreement (“Controlled NDA” – attached to this Solicitation as Attachment “A.”

4.1.2.3. The potential Offeror’s Commercial and Government Entity (CAGE) code. This information must match what is registered in JPASS. Offerors must also register in https://sam.gov under the Solicitation as an interested party.

mailto:Michael.M.Miyagi@usace.army.mil mailto:suyong.sin@usace.army.mil mailto:Michael.M.Miyagi@usace.army.mil mailto:Suyong.sin@usace.army.mil mailto:pof-ct%20Proposals@usace.army.mil.

mailto:michael.m.miyagi@usace.army.mil mailto:suyong.sin@usace.army.mil https://sam.gov/

4.2. Evaluation Criteria for Determining A Potential Offeror Possesses a U.S. FCL of Secrete.

The Government will verify the FCL of any potential Offeror seeking to obtain the Solicitation’s specifications and drawings based on its existing records.

No further consideration will be made if an Offeror doesn’t have the required facility clearance at the time of submission of the technical and price proposal.

4.3. Submission Requirements for VOLUME I, FACTOR 1 – RELEVANT EXPERIENCE – PRIME

CONTRACTOR.

4.3.1. Submit a narrative description of one (1) project in which the Offeror describes its relevant experience in constructing projects that are similar in size, scope and complexity to the required work described in the specifications and drawings of this Solicitation. A page containing text, except for “This Page Not Used” or a header or footer or a page number, will count as a page of the page limitation.

Information that continues beyond the send page of the narrative will not be considered by the Government.

Supplement your narrative description with one (1) completed “Prime Contractor Experience Information Sheets” (Form Attached at end of this Section 00 22 00) that shows how the Offeror’s experience has been utilized in actual projects. If more than one (1) “Prime Contractor Experience Information Sheets” is are submitted, only the first one (1) Information Sheets will be evaluated. There are no page limits to the Information Sheets.

4.3.2. For the narrative description and the “Prime Contractor Experience Information Sheets” use Times New Roman or Aerial font with a size of 12 pitch and page margins of a minimum of 1 inch top and sides. Headers and footers and page numbers may exceed the margin limits.

4.3.3. Joint Venture (JV) experience. Submitted projects by members of a JV or the JV as a whole will be considered and evaluated. However, the experience of the JV members or the JV as a whole must be as the prime contractor.

4.3.4. Joint Venture Submission Requirements. Failure to satisfactorily provide all submission requirements may be cause for rejection of the JV’s offer.

4.3.4.1. Provide one (1), single-sided page that describes the role(s) that each member of the Joint Venture will perform on this project, and how the JV is structured.

4.3.4.2. Attach a copy of the finalized / approved JV Agreement. The JV agreement must detail the percentages of participation by the JV members, the percentage of participation of the controlling member, and a description of division of responsibilities and authorities between the JV parties.

4.3.4.3. The JV agreement must state that all members are jointly and severally liable for the performance of the obligations imposed upon the contractor under the contract. Failure to state this in the agreement may be grounds for rejection of the JV’s offer.

4.3.4.4. The JV must be registered in the System for Award Management (SAM) as of the date it submits its Technical and Price proposals.

4.4. Evaluation Criteria for VOLUME I, FACTOR 1 – RELEVANT EXPERIENCE – PRIME

CONTRACTOR.

4.4.1. The Offeror must demonstrate that it meets all of the following minimum elements of experience:

4.4.1.1. All of the following elements must have been or are currently being completed in conjunction with construction of secure projects in which the Offeror was required to possess a FCL of Secret or higher.

4.4.1.2. The Offeror’s relevant project experience must have been/must be as the prime contractor. For purposes of evaluating construction experience as a prime contractor, the terms, “Offeror” and “prime contractor” are defined as the entity contractor identified in Block 14 of the Offeror’s SF1442. Project experience as a subcontractor shall not be considered by the Government.

4.4.1.3. The Offeror must have completed (or is at least 50% complete) projects that meet the following minimum requirements.

4.4.1.3.1. The Offeror must have completed (or is at least 50% complete with) a new SCIF construction project(s) or SCIF renovation project that is are both over 6,000 SF in size, or has a current or final contract price of $10,000,000 or more.

4.4.1.3.2. The Offeror has experience implementing DSS/ICD 705, during overseas construction projects, including the processes and procedures for construction surveillance and secure shipping from the U.S. of project materials and equipment to overseas project sites.

4.4.1.3.3. The Offeror has experience with adherence with a Construction Security Plan (CSP) or similar type security requirement during construction of an overseas project.

4.4.1.4. All above experience must be less than five (5) years old. Any cited projects must have been completed and turned over to the using agency not older than five (5) years preceding the date this Solicitation is released. If a cited project is currently ongoing, it must be at least 50% physically complete.

4.4.2. Relevant Experience will be rated on the following basis:

Acceptable – Proposal meets the requirements of Factor 1 as specified in paragraphs 4.4.1.1. through 4.4.1.4.

Unacceptable – Proposal does not meet the requirements of Factor 1 as specified in paragraphs 4.4.1.1.

through 4.4.1.4.

4.5. Submission Requirements for VOLUME I, FACTOR 2 – PAST PERFORMANCE

4.5.1. The Offeror shall submit past performance evaluations for the projects that it has identified in its submission in response to Factor 1 “Relevant Experience – Prime Contractor”. For each project submitted in response to Factor 1 “Relevant Experience – Prime Contractor”, for which no or no final Contractors Performance Assessment Rating System (CPARS) evaluation exists, the Offeror shall furnish a copy of the NAVFAC/USACE Past Performance Questionnaire (Form PPQ-0) (attached at the end of Section 00 22 00) to the client’s official responsible for documenting performance for the project; and request that the client complete the PPQ form.

Completed PPQ forms should be submitted with the Offeror’s proposal. It is the Offeror’s responsibility to follow-up with clients to ensure timely submittal of the PPQ form with its proposal; however, if the Offeror is unable to submit a completed PPQ form with its proposal for any project, the Offeror must submit a fully completed first page of the PPQ with its proposal. Ensure current, correct phone numbers and email addresses are provided on the PPQ form to enable the Government to contact the client’s point of contact. Your The Offeror’s client may wish to submit its PPQ form directly to the Government. If so, have the client submit its PPQ form to the Government’s points of contact, Michael Miyagi via email at michael.m.miyagi@usace.army.mil and Sin, Su Yong e-mail at suyong.sin@usace.army.mil. To be considered by the Government in that case, the PPQ form must be delivered to the Government’s points of contact prior to the solicitation’s proposal closing date and time. The Offeror may submit – but not solely by reference to them – PPQ forms that have been previously prepared for an example project currently being submitted for this solicitation.

4.5.2. In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including mailto:michael.m.miyagi@usace.army.mil mailto:suyong.sin@usace.army.mil

Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the Offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the Offeror.

4.5.3. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

4.6. Evaluation Criteria for VOLUME I, FACTOR 2 - PAST PERFORMANCE

4.6.1. The Government will evaluate the CPARS ratings for each past experience example project that the offeror submits under Factor 1.

4.6.1.1. In order to meet the minimum requirements under Factor 2, the offeror must:

4.6.1.2. Have received an “Acceptable” or better CPARS or equivalent (including a PPQ evaluation) rating in the elements of Quality, Schedule, Cost Control, and Management for each relevant experience project submitted for Factor 1.

4.6.1.3. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or is so sparse that no meaningful past performance rating can be reasonably assigned, the offeror will not be evaluated favorably or unfavorably on past performance [see FAR 15.305(a)(2)(iv)].

Therefore, the offeror shall be determined to have “Unknown” or “Neutral” past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “Acceptable.”

4.6.2. Past Performance will be rated on the following basis:

Acceptable – Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown (see paragraph 4.6.1.3. above). The proposal submission demonstrates that the minimum requirements specified in paragraph 4.6. were met.

Unacceptable – Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort. The proposal submission does not demonstrate that the minimum requirements specified in paragraph 4.6. were met.

5. SUBMISSION AND EVALUATION CRITERIA – VOLUME II – PRICE.

5.1. Submission Requirements for VOLUME II, FACTOR 3 – PRICE

Submit the Price Proposal (Volume II) in a separate PDF file labeled “Volume II – Price Proposal”.

5.1.1. TAB 1: Proposal Cover Sheet. The proposal cover sheet is required by FAR 52.215-1(2) (c) (i)-(v) and must be submitted by all Offerors. This provision, titled “Instructions to Offeror’s—Competitive Acquisition,” and the format for the proposal cover sheet as shown here:

5.1.2. TAB 2: Standard Form (SF) 1442. Signed SF1442 with all amendments acknowledged, in accordance with the instructions on the Standard Form 30, Amendment of Solicitation.

5.1.3. TAB 3: CLIN PROPOSAL SCHEDULE. Section 00 10 00, Contract Line Item Number (CLIN) Schedule, is to be completed in its entirety.

5.1.4. TAB 4: Representations and Certifications: All Offerors must have electronically completed the annual representations and certifications on the “Online Representations and Certifications Application” at https://www.beta.sam.gov. The Offerors are responsible for ensuring that these on-line Representations and Certifications are updated as necessary to reflect changes, but at least annually to ensure that they are kept current, accurate and complete.

5.1.5. TAB 5: Offeror’s Bid Bond. Offerors shall provide an original letter from the Offeror’s surety (ies) which indicates the Offeror has bonding capability for an amount that equals or exceeds the Offeror’s proposed price.

5.1.6. TAB 6 – Signed/Approved Joint Venture Agreement

5.2. Evaluation for VOLUME II, FACTOR 3 – PRICE

Price proposals will be evaluated in accordance with one or more of the price analysis techniques discussed at FAR Subpart 15.404-1(b) and Subpart 15.404-1(g).

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

The following have been modified:

Section 00 73 00 Supplementary Conditions

1. US ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL

In accordance with Contract Clause 52.236-13, ACCIDENT PREVENTION, the Contractor shall comply with the latest version of Engineer Manual 385-1-1, including any interim revisions, in effect at the time of the solicitation. EM 385-1-1 and its changes are available at https://www.usace.army.mil/Missions/Safety-and- Occupational-Health/

2. CONTRACTOR PERFORMANCE EVALUATION

Past performance shall be recorded in accordance with FAR 36.201 and AFARS 5136.201. All past performance evaluation shall be entered and reviewed at https://www.cpars.gov/.

3. CORRESPONDENCE IDENTIFICATION

a. The Contractor shall use a serial numbering system on all formal correspondence sent to the Contracting Officer or his representative. The Contractor will provide one original and two duplicate copies of all correspondence.

b. The Contractor may use a Request for Information (RFI) system for drawing/specification clarifications, subject to the following conditions:

1) The Contractor shall use a sequential numbering system for all RFI's separate and apart from the correspondence numbering system.

https://www.beta.sam.gov/ https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/ https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/ https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/ https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/ https://www.cpars.gov/

2) The Contractor shall designate one responsible person, subject to approval by the Contracting Officer, for reviewing and issuing RFI's.

4) For projects requiring Network Analysis Systems (NAS), all RFI's shall identify the NAS activities directly or indirectly affected by the RFI on the progress schedule. The Contractor should anticipate a minimum of 10 calendar days for Government review and response.

5) No requests for deviations or variations from the contract by RFI will be allowed. Deviations/variations are to be submitted on ENG Form 4025 as described in Section 01 33 00 Submittal Procedures.

6) The use of RFI's does not relieve the Contractor of the responsibility for reviewing the contract documents and coordinating the work to be performed. If the Contracting Officer determines that the RFI system is being used for other than its intended purpose, the Contracting Officer has the authority to discontinue the use of the RFI's for the remainder of the contract.

4. WORKERS' COMPENSATION INSURANCE (DEFENSE BASE ACT)

The United States Department of Labor has waived the application of the Defense Base Act to all Contractor employees covered under the compulsory workers’ compensation laws of the Republic of Korea. The waiver remains in effect until March 29, 2026. The Contractor is under no obligation to provide Defense Base Act insurance coverage to these employees. The Contractor certifies that its price for this Contract or Task Order does not include costs of Defense Base Act insurance coverage for its employees covered under the compulsory workers’ compensation laws of the Republic of Korea. If the Contractor has obtained Defense Base Act insurance coverage for its employees covered under the compulsory workers’ compensation laws of the Republic of Korea, the Contractor certifies that its costs of the insurance have not been included in its price for the work under this Contract or Task Order.

The United States Department of Labor waiver does not apply to any employee who:

a) Is a citizen of the United States of America; or

b) Is a lawful resident of the United States of America; or

c) Was hired in the United States of America.

Where the Contractor is required to obtain DBA insurance coverage for any of its employees, it may include its costs of the coverage in its price for the Contract or Task Order. The Contractor shall procure DBA insurance coverage commercially only from a United States Department of Labor authorized insurance carrier. The United States Department of Labor publishes a list of insurance carriers that are currently authorized to write coverage under the Defense Base Act. If Defense Base Act coverage is required for any employee, it is the Contractor’s responsibility to locate and contact a carrier, and arrange coverage. The list of currently authorized carriers is found at: http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

5. IDENTIFICATION OF CONTRACTOR EMPLOYEES IN THE FEDERAL WORKPLACE

a. The contractor shall provide each of its employees who will be involved in the performance of the contract, on a Government facility, with an identification (ID) badge. The ID badge shall clearly display the contractor's name and the employee's name and color photograph. The Contracting Officer or his/her designee shall approve the ID badge before the commencement of contract performance. It is the contractor's responsibility to ensure that all contractor personnel wear the ID badge at all times when performing work under this contract at a Government facility. Unless otherwise specified in the contract, each contractor employee shall wear the ID badge in a conspicuous place on the front of their clothing and above their waist, except when safety or health reasons prohibit such placement. This requirement is in addition to any Government facility security provisions that require that a Government-issued security badge also be worn.

b. Contractor personnel shall clearly identify themselves to all attendees as a contractor employee before the commencement of meetings with Government or other contractor personnel. Contractor personnel shall clearly and immediately identify themselves as a contractor employee when placing, answering or participating in telephone/VTC conversations with Government or other contractor personnel.

c. When contractor personnel send e-mail messages from or to a Government-owned computer, they shall include a signature block that includes their employer's name and the employee's full name and e-mail address.

d. Each of the requirements set forth in paragraphs a-c above, must be included in all subcontracts at any tier.

6. PERMIT FOR EXCAVATIONS

Not less than five (5) days prior (10 days for AF projects) to the anticipated start of any excavation work on installations the Contractor shall obtain a "Digging Permit" from the Area Facilities Engineer or the Base Civil Engineer, plus the installations Communications Office. No excavation will be accomplished without the proper written documentation. The request for the digging permit will be through the COR for AF projects and will be renewed periodically. The Contractor shall submit a request for a digging permit 30 days in advance so that the Department of Public Works (DPW) or the Base Civil Engineer (BCE) can coordinate with the proper agencies.

7. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

I. This provision specifies the procedure for determination of time extensions for unusually severe weather in accordance with the contract clause entitled "Default (Fixed Price Construction)." In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

a. The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

b. The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the contractor.

II. The schedule of monthly anticipated adverse weather delays shown below is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The contractor's progress schedule must reflect these anticipated adverse weather delays in all-weather dependent activities.

|MONTHLY ANTICIPATED ADVERSE WEATHER WORK DAYS |

|BASED ON SEVEN (7) DAY WORK WEEK |

| | DAYS OF ANTICIPATED WEATHER DELAY |

|LOCATION | Jan|Feb|Mar|Apr|May|Jun|Jul|Aug|Sep|Oct|Nov|Dec| Total | |Seoul & | 14 | 7 | 2 | 4 | 3 | 6 | 8 | 7 | 5 | 2 | 3 | 6 | 67 | |Munsan | | | | | | | | | | | | | | |Cp Casey | | | | | | | | | | | | | | |Hwachon | | | | | | | | | | | | | | |CP Hovey | | | | | | | | | | | | | | |Cp Morse | | | | | | | | | | | | | | |Kanghwa Do | 16 | 6 | 2 | 4 | 3 | 5 | 7 | 7 | 4 | 2 | 2 | 6 | 64 |

|Suwon & Osan| 14 | 6 | 2 | 4 | 3 | 6 | 8 | 7 | 4 | 3 | 3 | 6 | 66 | |Madison | | | | | | | | | | | | | | |Pyongtaek | | | | | | | | | | | | | | |Cheongju | 12 | 4 | 3 | 5 | 4 | 6 | 8 | 7 | 4 | 3 | 3 | 6 | 65 | |Taejon | 10 | 4 | 4 | 5 | 4 | 6 |10 | 8 | 5 | 3 | 3 | 5 | 67 | |Cp Ames | | | | | | | | | | | | | | |Pohang | 6 | 3 | 4 | 5 | 4 | 6 | 7 | 6 | 5 | 4 | 3 | 2 | 55 | |Kunsan | 8 | 6 | 3 | 5 | 4 | 5 | 8 | 6 | 4 | 3 | 3 | 5 | 60 | |Sea Range | | | | | | | | | | | | | | |Taegu | 6 | 1 | 3 | 5 | 4 | 6 | 8 | 6 | 4 | 3 | 2 | 1 | 49 | |Waegwan | | | | | | | | | | | | | | |Kwangju | 7 | 4 | 4 | 5 | 4 | 6 | 8 | 7 | 5 | 3 | 3 | 2 | 58 | |Pusan | 4 | 3 | 5 | 6 | 5 | 7 | 8 | 6 | 5 | 3 | 3 | 2 | 57 | |Chinhae | | | | | | | | | | | | | | |Masan | | | | | | | | | | | | | |

III. Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract the contractor will record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the contractor's scheduled work day:

a. The number of actual adverse weather delay days shall include days impacted by actual adverse weather

(even if adverse weather occurred in previous month) and shall be calculated chronologically from the first to the last day of each month, and shall be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph 2, above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause entitled "Default (Fixed-Price Construction)" (ER 415-1-15,).

(1) The above schedule of anticipated adverse weather will constitute the base line for monthly (or portion thereof) weather time evaluation. Upon acknowledgment of the notice to proceed and continuing throughout the contract on a monthly basis, actual adverse weather days will be recorded on a calendar day basis (include weekends and holidays) and compared to the monthly anticipated adverse weather in subparagraph an above. For purposes of subparagraph b, the term actual adverse weather days shall include days impacted by actual adverse weather days.

(2) Once the number of actual adverse weather days anticipated in subparagraph a, above, have been incurred, the Contracting Officer will examine any subsequently occurring adverse weather days to determine whether a contractor is entitled to a time extension and delay work critical to the timely completion of the project.

b. The Contractor's schedule must reflect the above anticipated adverse weather delays on all-weather dependent activities.

8. TAX EXEMPTION

Contractors may obtain exemption from payment of Korean Taxes pursuant to the Status of Forces Agreement

(SOFA) between the United States of America (U. S.) and the Republic of Korea (ROK). Articles IX and XVI of the SOFA authorize exemption from ROK taxation equipment and services procured for official purposes in the ROK by the U. S. Armed Forces, or by authorized agents of the U. S. Armed Forces, upon obtaining appropriate certification. Currently, tax exemption may be obtained for commodities, transportation, petroleum products, electricity, business and such other items that may be found to constitute significant and readily identifiable components of the gross price of materials, supplies, equipment, and services being procured.

9. 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. Preselected 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.

10. EXEMPTION FROM KOREAN TAXES FOR VALUE ADDED TAXED VAT) ITEMS 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 which exempts Contractors from paying Republic of Korea Value Added Taxes (VAT). When the Contractor submits an offer, he shall certify to the Contracting Officer that all the costs in the offer will be exclusive of any VAT and, further, that the proposed contract price includes no VAT. Contractor shall also indicate the amount and type of VAT excluded from the contract price. If supplies and/or services which the Contractor purchases for this contract includes VAT, he can obtain a full refund for the amount of the VAT from his ROK District Tax Office. Contractor can receive VAT refunds by submitting to ROK District Tax Office, tax invoices which he receives when he purchases materials and/or services for this contract. The Contractor must submit a copy of this contract with his first tax invoice submission. Subsequent tax invoice submission must be accompanied by a letter which references the contract submitted with the first tax invoice submission.

11. EXEMPTION FROM KOREAN TAXES FOR SPECIAL EXCISE TAXED SET) ITEMS 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 Special Excise Taxes (SET). At the time this contract is awarded the Contractor will indicate to the Contracting Officer which items he will purchase for the contract are subject to SET. He will 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 Contractor will purchase the SET items from the item manufacturer tax inclusive. For construction and single delivery type supply and service contracts he will employ the following procedure: AT the time he purchases the items he will present the manufacturer with a notification letter requesting refund of the SET. (Copies of this letter can be obtained from the 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. Request for refund under indefinite quantity and requirement type contracts will be submitted monthly and will be accompanied by copies of the delivery orders issued during the monthly period.

12. EXEMPTION FROM KOREAN CUSTOMS DUTIES AND OTHER SUCH CHARGES ON MATERIALS,

SUPPLIES, AND EQUIPMENT IMPORTED FOR USFK CONTRACT PERFORMANCE

This clause is in implementation of Article IX 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 custom duties and other such charges. At the time this contract is awarded, the Contractor will 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 contractor will indicate to the Contracting Officer the total amount of customs duties excluded from the contract price. The Contracting Officer will verify the amount of customs duty that would otherwise be applicable to the contract. The contractor will submit a completed POF Form 203 at the same time as the submittal of the ENG Form 4288, Submittal Register, to assist the Government in tracking the materials to be imported. The materials listed on the POF Form 203 will have the same numbers as used on the ENG Form 4288. The Contracting Officer shall have 30 days to verify and accept the materials and quantities listed on the POF Form 203. After approval of the material submittal (ENG Form 4025) the contractor will submit an original and four (4) copies of USFK Form 75 to the Contracting Officer for review and certification. The original and three (3) copies of the USFK Form 75 shall be returned to the contractor after certification. 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. Following delivery of the imported materials to the project site, the contractor will prepare and submit an original and four (4) copies of USFK Form 76 through the Project/Resident Office. The original and three (3) copies of the USFK Form 76 shall be returned to the contractor upon certification. 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. 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 obtain refund of such previously paid duties by submitting a completed USFK Form 76 to the ROK Customs Office. (Updated, 22 Jun 01)

13. KOREAN LABOR LAW

Contractor 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, the Government may consider this grounds for determining the contractor to be non-responsible for future Government contracts.

14. LESSONS LEARNED REPORT

Contractor shall compile information on all design and construction issues/challenges encountered during the entire construction period. For each issue/challenge the Contractor shall develop recommended solutions. As directed by the Contracting officer, the Contractor shall conduct a briefing for Government personnel and/or prepare a written Lessons Learned report in a format requested by the Contracting Officer.

15. COOPERATION WITH OTHERS

Within the construction limits of this contract, the Contractor shall coordinate all construction operations with the construction of other current and future U.S. Army Corps of Engineer, Host Nation, other Agency contracts, and ongoing base operations that are underway in the vicinity. Close cooperation between the Contractor's personnel and all other personnel within the project limits will be required. All site access requirements/restrictions, impediments, or other issues arising from or attributable to concurrent ongoing/future contracts in the general area shall be coordinated to the fullest extent to mitigate any impact to the overall project. This includes but is not limited to airfield operational requirements, ongoing construction contracts, miscellaneous ongoing base operations, and follow-up contracts in the immediate vicinity.

16. 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.