W912UM24D0001.pdf

Kenneth E Helms 315-755-6092 kenneth.e.helms@usace.army.mil

1/11/2024

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF45

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.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Job KRW2,355,933,650.00 KRW2,355,933,650.00 Drilling Services - Base Period

FFP

Drilling Services to be performed in various locations in Korea.

The Contractor shall provide the services in accordance with the Performance Work Statement. The estimated quantities and unit prices for each type of drilling sampling and testing are identified in the Pre-Priced Item List.

Basic Period: Twenty-four (24) months from the date of contract award.

The maximum ordering capacity is KRW 2,355,933,650. Any unused capacity will be transferred to the option period.

PSC CD: B519

MAX

NET AMT

KRW2,355,933,650.00

UNIT UNIT PRICE MAX AMOUNT

1001 1 Job NSP OPTION Drilling Services - 1st Option

FFP

Drilling Services to be performed in various locations in Korea.

The Contractor shall provide the services in accordance with the Performance Work Statement. The estimated quantities and unit prices for each type of drilling sampling and testing are identified in the Pre-Priced Item List.

1st Option Ordering Period: Twelve (12) months from the last date of prior ordering period.

UNIT UNIT PRICE MAX AMOUNT

2001 1 Job NSP OPTION Drilling Services-6 Month Extension

FFP

Drilling Services to be performed in various locations in Korea.

The Contractor shall provide the services in accordance with the Performance Work Statement. The estimated quantities and unit prices for each type of drilling sampling and testing are identified in the Pre-Priced Item List.

Six (6) months by FAR 52.217-8 from the last date of prior ordering period and it shall not exceed 6 months.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 15-JAN-2024 TO

14-JAN-2026

N/A FAR EAST DISTRICT

YI, SONG POK

UNIT #15546

APO AP 96271

721-8168

FOB: N/A

WT4KCL

1001 POP 15-JAN-2026 TO

14-JAN-2027

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 15-JAN-2027 TO

14-JUL-2027

N/A FAR EAST DISTRICT

YI, SONG POK

UNIT #15546

APO AP 96271

721-7168

PWS

PERFORMANCE WORK STATEMENT (PWS)

GEOTECHNICAL DRILLING AND SAMPLING, IN-SITU TESTING, AND

GEOPHYSICAL INVESTIGATION AT VARIOUS LOCATIONS, KOREA

A. GENERAL INFORMATION

The United States Army Corps of Engineers (USACE) Far East District (FED) is procuring a firm-fixed price (FFP) Indefinite Delivery, Indefinite Quantity (IDIQ) Single Award Task Order Contract (SATOC) for commercial Drilling Services.

The Drilling Services contract is to determine the type, character, thickness, stratification of subsurface soil and rock materials, static groundwater conditions, and geotechnical engineering properties of subsurface materials at the various drilling, testing, and investigation sites. The information will subsequently be used by the Government to determine geotechnical and environmental design requirements for U.S. military projects.

All services and supplies will be procured as individual task orders against the SATOC.

The maximum amount of the SATOC is ₩2,356,000,000. The maximum amount is not the actual contract amount. The maximum amount is the not-to-exceed amount of all task orders issued against the SATOC in a given contract period including option periods if exercised.

The minimum guarantee amount for the SATOC is ₩2,500,000.

Contract currency for all Task Orders shall be in Korean Won

(KRW).

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

B. SCHEDULE OF SERVICES AND SUPPLIES OF THE CONTRACT

B.1 The Contract Line-Item Numbers (CLINs) are assigned as follows:

CLIN 0001: Drilling Services – Base Period: 15 January 2024 through 14 January 2026 CLIN 0002: Drilling Services – Option Period 1: 15 January 2026 through 14 January 2027 CLIN 0003: Drilling Services – 6-Month Extension: 15 January 2027 through 14 July 2027

B.2 Exhibit Line Items (ELINs)

Drilling services are divided in multiple tasks. Each task is assigned to a specific exhibit line-item and pre- priced as shown in the Attachment 1 – SATOC ELINs.

The Government will issue task orders for specific tasks listed in the Attachment 1. Each task order will be priced based on the awarded unit price for each task.

C. WORK DESCRIPTIONS AND SPECIFICATIONS

C-1 Scope and Location of Work

The work to be performed under this contract includes the furnishing of all materials, labor, tools, equipment, supplies including fuel, vehicular transportation, water, and all else necessary to complete geotechnical exploratory program as described herein, on or adjacent to U.S. military installations throughout Korea (Army, Air Force, Navy, and Marines). The work consists of encased exploratory borings, preparation of boring logs, collection of representative soil samples, and rock core drilling, measurements of static groundwater level within boreholes, in-situ testing, geophysical exploration, Split- Barrel Sampling, Standard Penetration Testing and Thin Wall Shelby Tube Sampling; rock core drilling; use of a piezo-Cone penetration test (CPTu) and dissipation test; use of field Vane Shear Test (VST); Pressuremeter Test (PMT); Groundwater Records and Piezometer Installation; grout in filling of boreholes;

disposal of contaminated materials, surveying, including but not limited to all markings that indicate borings, test pit, geophysical survey points or lines, and delivery of soil samples and test results to the Far East District (FED) Materials Testing Laboratory (MTL) in Camp Humphreys.

Work will vary from site to site. The Contractor shall be expected to have the expertise and ability to perform any of the below tasks based on the standards provided in the American Society for Testing and Materials (ASTM) and Engineer Manuals (EM) listed below and those contained in Section C. When these tasks are included in a Task Order, then the standards listed in Table 1 below shall be used.

Table 1. Summary of Standards (ASTM and EM) for Work Types

Work Type ASTM Standards /

Engineer Manual (EM)

Mobilization and Demobilization (para. C-4) EM 1110-1-1804 Geotechnical Investigations.

Care and Delivery of Samples D4220-14 and D5079-08 Supplementary Boreholes D6286-20 Split-Barrel Sampling, Standard Penetration Testing (SPT) and Thin-Wall Shelby Tube Sampling

D1586-18, D2488-17, D1587-15, and D4220-14

Rock Core Drilling D2113-14, D5079 and EM 1110-1-1804 Borehole Logging D653-21b, D2488-17 and D5434-12 Piezo-Cone Penetration Test (CPTu) and Dissipation Test

D5778-20 and D6067M-17

Field Vane Shear Test (VST) D2573-18 Pressuremeter Test (PMT) D4719-20 Groundwater Records and Piezometer Installation D5092-16 Disposition of Holes and Borehole Site Cleanup D6151-15 and D5299-18 Borehole Geophysical Logging EM 1110-1-1802 and D5753-18 Geophysical Survey – Electrical Resistivity Survey

EM 1110-1-1802 and D6431-18

Geologic Services D4220 and D5079

ASTM Standards can be found at: https://www.astm.org/products-services/standards-and-publications.html USACE Engineer Manual can be found at: https://www.publications.usace.army.mil/USACE- Publications/Engineer-Manuals/

C-2 Mobilization and Demobilization

C.2.1 Prior to mobilization, a pre-trip conference with the contractor’s equipment operators and Technical Manager shall be held to discuss the drilling, testing, and exploration plans, health and safety plans, and all other required services.

C.2.2 Mobilization. The Contractor shall mobilize to project sites as identified within each Task Order after award of the contract. Mobilization shall consist of the following: delivery to the project site of all plant, equipment, materials, supplies, and personnel required for the work; complete assembly in satisfactory working order of all such plant and equipment; and satisfactory secure storage at the site of all such materials and supplies. Contractor shall prepare to mobilize up to four (4) drill rigs maximum per task order. The Contractor shall be responsible for security of all plant, equipment, materials, and supplies at the project site during execution of the work.

C.2.3 Demobilization. The Contractor shall de-mobilize consisting of the following: site clean-up;

filling of boreholes with clean earth, drill cuttings, or sand-cement grout; repair of ground, vegetation, and existing structures damaged during drilling operations; and removal of all plant, equipment, materials, drill cuttings, and trash from the work area. The Contractor shall complete backfilling boreholes to eliminate safety hazards for personnel and animals, prevent contamination of aquifers, prevent settlement, and minimize adverse environmental impacts as stated in Engineer Manual (EM) 1110-1-1804 Geotechnical Investigations. All contaminated soil and groundwater materials recovered during drilling operations shall be properly handled to minimize the spread of contamination and shall be placed in protected and labeled storage containers (e.g., 55-gallon drums) or stockpiles as provided by the COR. The Government shall be responsible for disposing of contaminated soil and groundwater materials.

D. INSPECTION AND ACCEPTANCE

D.1 The Contractor shall provide adequate supervision to assure the accuracy, quality, completeness, and continued progress of the work. The COR shall perform quality assurance - periodic inspections. Defective work to be remedied to comply with contract or task order requirements.

D.2 Failure of the Contractor to provide adequate supervision and timely and accurate information concurrent with drilling and sampling, in-situ testing, and geophysical survey and downhole logging or to adequately protect and preserve recovered samples will be considered a failure to diligently pursue the Work. Written notice will be transmitted to the Contractor or his authorized Representative at the work site and shall be deemed sufficient for the purpose of identifying unacceptable work. The Contractor shall, after receipt of such notice, immediately inform the Contracting Officer of proposed corrective actions and take such actions as may be approved. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the Work until satisfactory corrective actions have been taken.

E. PERIOD OF PERFORMANCE OF THE CONTRACT

E.1 Period of performance

The contract includes a two-year base period plus one (1) one-year option to extend the term of the contract and one (1) six-month option to extend the service. The total duration of the contract is forty-two months if all options are exercised.

Base Period: 15 January 2024 through 14 January 2026 Option Period 1: 15 January 2026 through 14 January 2027 6-Month Extension: 15 January 2027 through 14 July 2027

The options, if determined in the Government best interest, will be exercised in accordance with the contract clauses at 52.217-8 Option to Extend Services and 52.217-9 Option to Extend the Term of the Contract.

F. OTHER CONTRACT REQUIREMENTS

F.1 Payments

F.1.1. Payments Payments under this SATOC shall be made to delivered, completed, and accepted tasks listed in the Attachment 1- SATOC ELINs.

F.1.2 Submission of Invoices:

The Contractor shall mail all invoices to Contracting Officer Reprehensive (COR) and Contract Specialist.

Submission of invoice by e-mail is acceptable.

U.S. Army Engineer District, Far East Contracting Division, Purchase Branch Contract Specialist, Ms. Han, Un-Kyong Tel. No: 0503-355-6089 (Commercial)

755-6089 (DSN)

Email address: un-kyong.han@usace.army.mil

F.1.3 Invoice Information Each invoice shall include information listed under the contract clause 52.212-4(g)(1) of this contract.

F.2 U.S. Army Corps of Engineers Safety and Health Requirements (EM 385-1-1)

F.2.1 The Contractor is encouraged to inspect the site of proposed work prior to submitting its price proposal for the work. Failure to do so will not entitle the Contractor to an adjustment due to open an obvious condition at the site that it did not anticipate. The Contractor’s costs for site visits and attending pre-proposal meetings required under any task orders issued under this contract will not be separately paid for by the Government.

F.2.2 Safety and Health Program (SHP). For each TO, the Contractor shall develop and maintain a written SHP in compliance with the requirements of OSHA standard 29 CFR 1920.120 (b)129 CFR 1926.65(b) and EM 385-1-1 in effect at the time the TO is issued. Existing written safety and health programs are acceptable if they are modified to cover the criteria in EM 385-1-1. In submitting health and safety plans, which include, but are not limited to, the Site Safety and Health Plan (SSHP), the Accident Prevention Plan (APP) and hazardous waste plans, the contractor shall comply with EM 385-1-1.

Prior to Mobilization, the Contractor shall submit a copy of the company policy statement COR on safety plan, include accident prevention, Activity Hazard Analysis (AHA) and any other guidance statements normally provided employees.

F.2.3 Site Specific Safety and Health Plan (SSHP). The Contractor shall prepare the SSHP in accordance with the requirements in EM 385-1-1, Safety and Health Requirements Manual (https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf). An SSHP shall be prepared by the Contractor as required by 29 CFR 1910.120 (b)(4) and submitted to the COR for review and acceptance prior to commencement of any site activities. All work shall be performed in accordance with the approved SSHP. The SSHP shall describe the health and safety procedures, practices, and equipment to be implemented and utilized in order to protect affected personnel from the potential hazards associated with the tasks to be performed. The level of detail provided in the SSHP shall be tailored to the type of work, complexity of operations to be accomplished, type of contaminants to be handled, and other hazards anticipated. The most important consideration throughout all aspects of the activities to be performed is the safety and health of all on-site personnel and the surrounding community. The SSHP shall include a Site safety plan and Accident Prevention Plan (APP) and address site-specific considerations for all tasks.

F.2.4 Site Safety. The safety of workers, other site personnel, and the general public in the project area is of paramount importance to the Government. The Contractor shall exercise all appropriate caution, procedures, and supervisory oversight to insure a safe execution of the Work. Pertinent US and Korea safety regulations shall apply, to include Occupational Safety and Health Administration (OSHA) standards and EM 385-1-1, US Army Corps of Engineers Safety and Health Requirements Manual, 2014. The Contracting Officer and COR will halt any operation by the Contractor that poses an imminent or potentially serious safety hazard at the project site. On receiving notice of said safety infraction, the Contractor shall take immediate corrective actions to mitigate the unsafe operation. The Contractor shall not be reimbursed by the Government for time delays or for that portion of the work that must be repeated as the result of safety violations.

F.3 Environmental Protection- Cleanup

F.3.1 The Contractor shall make every effort to protect property at the project site and to minimize disruption to the property owner. Areas damaged by the Contractor’s field work shall be restored to the satisfaction of the Contracting Officer or COR. Special care shall be taken to ensure runoff and dust from drilling operations are minimized and do not become a nuisance.

F.3.2 The Contractor shall ensure that his employees and subcontractors strictly observe US Forces Korea (USFK) regulations and ROK laws/requirements while executing the work, to include requirements for environmental protection contained in USFK Pamphlet No. 200-1, Korea Environmental Governing Standards. It is further understood and agreed that the Contractor assumes full responsibility for the safety of his employees, subcontractors, equipment, materials, and

Government real property.

F.3.3 Cleanup of Work Sites. During the progress of the work, the Contractor shall clean the work area daily to prevent the accumulation of trash and debris. Additionally, the Contractor shall, upon completing exploration operations, clean up all scrap, waste material, waste drilling mud, oil or other waste generated during the work; backfill of all excavations, removal of all cribbing or drilling pads, resulting from operations; and as much as reasonably possible, return the drill sites, access roads, and the overall site to its original condition by grading, dressing and providing replacement soil and vegetation for all disturbed areas; and check that all hole location stakes are in places.

F.4. Workdays, Holidays, And Work Hours U.S. And Republic of Korea (ROK)

(a) U.S. Government national holidays are as follows:

(1) 1 January (New Year's Day)

(2) 3rd Monday, January (Dr. King’s Birthday)

(3) 3rd Monday, February (President's Day)

(4) Last Monday, May (Memorial Day)

(5) 19 June, (Juneteenth Day)

(6) 4 July (Independence Day)

(7) 1st Monday, September (Labor Day)

(8) 2nd Monday, October (Columbus Day)

(9) 11 November (Veterans' Day)

(10) 4th Thursday, November (Thanksgiving Day)

(11) 25 December (Christmas Day)

(b) ROK national holidays are as follows:

(1) 1 and 2 January (New Year)

(2) Lunar New Year (31 December, 1 and 2 January on the Lunar Calendar)

(3) 1 March (Independence Movement Day)

(4) 1 May (Labor Day)

(5) 5 May (Children's Day)

(6) Buddha's Birthday (8 April on the Lunar calendar)

(7) 6 June (Memorial Day)

(8) 17 July (Constitution Day)

(9) 15 August (Liberation Day)

(10) 14, l5 and 16 August on the Lunar Calendar – (Chu-Suk)

(11) 3 October (National Foundation Day)

(12) 9 October (Hangul Day)

(13) 25 December (Christmas Day)

(c) Field work shall not begin prior to 0700 hours, shall terminate no later than 1800 hours daily, and shall comply with the 52-hour workweek system of Korea.

(d) FOR AIR FORCE PROJECTS ONLY work hours shall be from 08:00 hours through 17:00 hours, Monday through Friday.

(e) FOR ARMY AND OTHER PROJECTS work hours shall be from 08:00 hours through 17:00_ hours, Monday through Friday.

(f) In addition to the holidays listed in 5152.222-4007 for Air Force projects, contractor performance shall not be required on any other day designated by Federal Statute as a U.S. Government legal holiday.

(g) In addition to the holidays listed in 5152.222-4007 for Army and other projects, contractor performance shall not be required on any other day designated by ROK executive order as a ROK legal holiday.

(h) No proposed or directed change in working hours shall be effective until approved in writing by the

Contracting Officer.

F.5 Security Requirements F.5.1 Security at Military Installation When work is performed at a military installation the Contractor shall comply with all security requirements of that installation.

F.5.2 Antiterrorism (AT) and Operations Security (OPSEC) All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the Contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the Contracting Officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

All contractor and all associated sub-contractor’s employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The Contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy.

In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

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

F.6 Military Base Permits

F.6.1. The Government will provide permit of entry on US military installations as needed for the Contractor to perform the work.

F.6.2 The Contractor is solely responsible for obtaining required passes/decals from each Security Office/Provost Marshal's Office during the period of performance 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 including Security and/or Provost Marshal's Office.

The Contractors shall submit required data within three (3) calendar days after award of each delivery order issued against this SATOC when performance is required on a military installation.

G OTHER LOCAL LAWS

G.1 Testimony in Judicial Proceeding

The Contractor may be required to furnish competent personnel to attend conferences and furnish expert testimony relating to any of the data or reports furnished under this contract. When required, arrangements for these services and payment therefore will be made by representatives of either the Corps of Engineers or the Department of Justice.

G.2 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 serious violation and failing to take adequate corrective action promptly, USFK may consider this ground for determining the contractor to be non-responsible for future Government contracts.

G.3 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 Contractor exemption from Republic of Korea taxes for petroleum products (POL) utilized on USFK procurements in the Republic of Korea.

At the time this contract is awarded, the Contractor will make a final nomination in writing of his point of purchase for POL products to be used on this contract. If he intends to purchase directly from an oil company refinery he may nominate any of the three ROK oil companies which have agreed to sell to Contractor FOB refinery at the Special Excise Tax (SET) exempt price. If the Contractor instead intends to purchase his POL products from an individual gasoline station he will be told by the Contracting Officer which individual gasoline stations will sell to him at the SET exempt price. He will be required to specify which of those stations he will purchase from.

In addition to naming his oil company/gasoline station, the Contractor will be required to state the estimated quantities of POL products required for the contract. The estimated value of the POL products, the value of the tax exemption for the estimated quantity, and the amount of POL to be purchased from each refinery/gasoline station.

The Contracting Officer will verify the reasonableness of the amounts of POL products claimed for use on the contract, and based on his verification, the responsible officer will issue USFK POL tax Exemption Coupons. If the Contractor wishes to purchase from an individual gasoline station, he will be required to make advance payment for the amount of POL covered by the coupons. Advance payment will be SET exclusive price and will be made to the gasoline station previously nominated. Representatives from nominated gasoline station will be present at the issuing session. They will collect the advance payments, marked "paid" on the back of the original copy of the coupons issued, and will provide to purchasing Contractor with tax invoices to be used by the Contractor to obtain Value Added Tax (VAT) refund from his governing ROK District Tax Office. All coupons for construction contracts will be issued at the time of award. Coupons for requirements type contracts will be issued on a delivery order increment basis or on a monthly basis. Pre-selected oil company refineries will sell their POL products at the SET exempted prices upon presentation of the coupons. Individual gasoline stations which have previously collected POL payment in advance will accept the prepaid USFK POL TAX Exemption Coupons from Contractor and will provide the POL amounts reflected on tendered coupons without any further charge.

G.4 Tax Exemption, Customs, Republic of Korea

(a) Exemption: This clause is in implementation of Article IX of the Status of Forces Agreement between the Republic of Korea and the United States of America granting contractors exemption from Republic of Korea customs duties and other such charges. At the time this contract is awarded, the Contractor shall certify to the Contracting Officer that all materials, supplies, and equipment to be imported for the contract have been proposed to the Government exclusive of customs duties and other such charges and further, that the contract price includes no customs duty whatsoever. It shall indicate to the Contracting Officer the total amount of customs duties excluded from the contract price. The USFK Contracting Officer will verify the amount of customs duty that would otherwise be applicable to the contract and will issue USFK Form(s) 75 to the Contractor. The contractor will submit the original USFK Form 75 to the governing ROK Customs Office at the time of import declaration. The Chief of the Customs Office will review the USFK Form 75 and will exempt the Contractor from customs duties and other such charges.

During the review process the customs office will post on the Contractor's Import Permit the anticipated submission date for a completed USFK Form 76, which will be prepared by the Contracting Officer and given to the contractor immediately after contract performance. The Contractor will submit the original USFK Form 76 to the governing ROK Customs Office no later than the date posted on the Import Permit.

If the USFK Form 76 is not submitted by the anticipated date, the ROK Customs Office will immediately collect the customs duties and other such charges previously exempted.

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

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

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

G.5 Tax Exemption, Special Excise Tax, Republic of Korea

This clause is in implementation of Article XVI of the Status of Forces Agreement between the Republic of Korea and the United States, granting Contractor exemption from Republic of Korea Special Excise Taxes.

At the time this contract is awarded the Contractor shall indicate to the Contracting Officer which items will be purchased for the contract that are subject to Special Excise Tax. It shall indicate the name of the item, the number of units to be purchased, the cost per unit without tax, the percentage of tax, the tax amount per unit, the total tax, and the manufacturer of the item. The Contracting Officer will verify the reasonableness of the quantities claimed and ensure that the Contractor has certified that the contract price excludes Special Excise Tax on those items subject to the tax. The contractor shall purchase the special-excise-taxed items from the manufacturer, tax-inclusive. For construction and single-delivery type supply and service contracts, the contractor shall employ the following procedure: At the time it purchases the items it shall present the manufacturer with a notification letter requesting refund of the Special Excise Tax.

(Copies of this letter can be obtained from the 411th CSB, Korea Contracting Officer.) The manufacturer will endorse the letter to the manufacturer's District Tax Office which will make refund to the manufacturer. The manufacturer will make subsequent refund to the Contractor. Requests for refund under requirements-type contracts will be submitted monthly and will be accompanied by copies of the USFK issued delivery orders.

G.6 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, it shall certify to the Contracting Officer that all the costs in the offer will be exclusive of any Value-Added Tax; and further, that the proposed contract price includes no Value-Added Tax.

W912UM24D0001

The contractor shall also indicate the amount and type of Value-Added Taxes excluded from the contract price. If supplies and/or services which the contractor purchases for this contract include Value- Added Taxes, it can obtain a full refund for the amount of the Value-Added Tax by submitting to the ROK District Tax Office tax invoices which the contractor receives when it purchases materials and/or services for this contract. The contractor must submit a copy of the USFK contract with its first tax invoice submission.

Subsequent tax invoice submissions must be accompanied by a letter which references the USFK contract submitted with the first tax invoice submission.

( End of Performance Work Statement)

PRE PRICED ITEMS LIST

Base Period:

Item No. Supplies/Service Unit Unit Price

001AA Mobilization and Demobilization EA 500,000

0001AB Encased Boring (with logging) LM 120,000

0001AC

Split-Barrel Sampling and Standard Penetration Testing (SPT)

EA 10,000

0001AD Thin-Wall Shelby Tube Sampling EA 100,000

0001AE Rock Core Drilling LM 140,000

0001AF Grout In-Filling of Boreholes M3 100,000

0001AG In-Situ Testing – CPTu LM 150,000

0001AH

In-Situ Testing – CPT Pore Pressure Dissipation Test

EA 400,000

0001AI In-Situ Testing – Field Vane Shear Test EA 700,000

0001AJ In-Situ Testing – Pressuremeter Test EA 700,000

0001AK Downhole Logging – Optical Televiewer LM 80,000

0001AL Downhole Logging – Acoustic Televiewer LM 80,000

0001AM Downhole Logging – Caliper LM 80,000

0001AN Downhole Logging – Normal Resistivity LM 80,000

0001AO

Downhole Logging – Fluid Temperature/ Resistivity

LM 80,000

0001AP Downhole Logging – Spinner Flowmeter LM 100,000

0001AQ Downhole Logging – Heat Pulse Flowmeter LM 100,000

0001AR

Geophysical Survey - Electrical Resistivity Survey (with reporting)

LM 7,000

0001AS Piezometer Installation LM 40,000

0001AT Geologic Services HR 30,000

0001AU 0.43m3 Backhoe Excavation (with operator) HR 50,000

0001AV Crane (10 ton with operator) HR 90,000

0001AW Crane (25 ton with operator) HR 100,000

0001AX Survey (borehole point survey) EA 30,000

1st Option Year:

1001AA Mobilization and Demobilization EA 500,000

1001AB Encased Boring (with logging) LM 120,000

1001AC

Split-Barrel Sampling and Standard Penetration Testing (SPT)

EA 10,000

1001AD Thin-Wall Shelby Tube Sampling EA 100,000

1001AE Rock Core Drilling LM 140,000

1001AF Grout In-Filling of Boreholes M3 100,000

1001AG In-Situ Testing – CPTu LM 150,000

1001AH

In-Situ Testing – CPT Pore Pressure Dissipation Test

EA 400,000

1001AI In-Situ Testing – Field Vane Shear Test EA 700,000

1001AJ In-Situ Testing – Pressuremeter Test EA 700,000

1001AK Downhole Logging – Optical Televiewer LM 80,000

1001AL Downhole Logging – Acoustic Televiewer LM 80,000

1001AM Downhole Logging – Caliper LM 80,000

1001AN Downhole Logging – Normal Resistivity LM 80,000

1001AO

Downhole Logging – Fluid Temperature/ Resistivity

LM 80,000

1001AP Downhole Logging – Spinner Flowmeter LM 100,000

1001AQ Downhole Logging – Heat Pulse Flowmeter LM 100,000

1001AR

Geophysical Survey - Electrical Resistivity Survey (with reporting)

LM 7,000

1001AS Piezometer Installation LM 40,000

1001AT Geologic Services HR 30,000

1001AU 0.43m3 Backhoe Excavation (with operator) HR 50,000

1001AV Crane (10 ton with operator) HR 90,000

1001AW Crane (25 ton with operator) HR 100,000

1001AX Survey (borehole point survey) EA 30,000

6 Months Extension:

2001AA Mobilization and Demobilization EA 500,000

2001AB Encased Boring (with logging) LM 120,000

2001AC

Split-Barrel Sampling and Standard Penetration Testing (SPT)

EA 10,000

2001AD Thin-Wall Shelby Tube Sampling EA 100,000

2001AE Rock Core Drilling LM 140,000

2001AF Grout In-Filling of Boreholes M3 100,000

2001AG In-Situ Testing – CPTu LM 150,000

2001AH

In-Situ Testing – CPT Pore Pressure Dissipation Test

EA 400,000

2001AI In-Situ Testing – Field Vane Shear Test EA 700,000

2001AJ In-Situ Testing – Pressuremeter Test EA 700,000

2001AK Downhole Logging – Optical Televiewer LM 80,000

2001AL Downhole Logging – Acoustic Televiewer LM 80,000

2001AM Downhole Logging – Caliper LM 80,000

2001AN Downhole Logging – Normal Resistivity LM 80,000

2001AO

Downhole Logging – Fluid Temperature/ Resistivity

LM 80,000

2001AP Downhole Logging – Spinner Flowmeter LM 100,000

2001AQ Downhole Logging – Heat Pulse Flowmeter LM 100,000

2001AR

Geophysical Survey - Electrical Resistivity Survey (with reporting)

LM 7,000

2001AS Piezometer Installation LM 40,000

2001AT Geologic Services HR 30,000

2001AU 0.43m3 Backhoe Excavation (with operator) HR 50,000

2001AV Crane (10 ton with operator) HR 90,000

2001AW Crane (25 ton with operator) HR 100,000

2001AX Survey (borehole point survey) EA 30,000

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

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

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

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

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.232-18 Availability Of Funds APR 1984 52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.242-17 Government Delay Of Work APR 1984 52.244-5 Competition In Subcontracting DEC 1996 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

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

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

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7041 Correspondence in English JUN 1997 252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.225-7048 Export-Controlled Items JUN 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

JAN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JAN 2023

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.229-7001 Tax Relief APR 2020 252.229-7014 Full Exemption from Two-Percent Excise Tax on Certain

Foreign Procurements

OCT 2022

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations

OCT 2010

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEC 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be…