Solicitation.docx

W91QVN-16-R-0007

Section A - Solicitation/Contract Form

NOTICE

LCS PROJECT NOTICE AND REQUIRED DOCUMENTS

This solicitation is being conducted under the Logistics Cost Sharing (LCS) program and will result in a contract between the Government of the Republic of Korea and the contractor. ROK will directly pay the contractor. No appropriated funds of the United States shall be obligated for payment due under this contract.

In accordance with the International Agreement between the United States and the Republic of Korea, titled “Amendment to the Implementing Agreement between the United States Forces Korea and the Republic of Korea Ministry of National Defense Concerning Logistics Cost Sharing” (hereinafter “International Agreement”), signed by the parties on 14 October 2015:

"The parties hereby agree that all LCS work must be accomplished in the ROK or its territorial waters and that all equipment and supplies that are to be acquired with ROK Government funds shall be manufactured in the ROK, and all LCS service work shall be carried out by Korean contractor(s), the Korea Railroad Corporation, or the ROK military. The term ‘Korean contractor(s)’ is defined as an entity, that, including its parent, is a domestic corporation under the Korean Tax Act and whose domestic status is recorded in the Certified Copy of Register or its successor document. A parent is defined as an entity that holds more than 50/100 of the total issued and outstanding shares in another company, as reflected in the Stock Change Certificate.”

In order to establish eligibility to receive the award of this LCS contract, offerors shall submit the three documents listed below with their proposal prior to the closing date/time established in the solicitation. The contracting officer will determine the offeror’s status as a Korean contractor solely on the basis of the documents listed below.

1) The offeror's most recent Stock Change Certificate (주식등변동 상황명세서), as certified and submitted to the ROK Local Tax Office (국세청),

2) The offeror's Certified Copy of Register [등기부 등본 (유효사항)], as certified and submitted to the ROK Supreme Court (대법원), and

3) If the offeror has a Parent (as Parent is defined in the International Agreement), the Parent's Certified Copy of Register [등기부등본 (유효사항)], as certified and submitted to the ROK Supreme Court (대법원).

Section B - Supplies or Services and Prices

Repair Critical Tactical Route Bridge

FFP

Work Class: K, Repair Critical Tactical Route Bridge, Cp Casey, FEWR #81110 FOB: Destination

PURCHASE REQUEST NUMBER: WT4R445258N058

NET AMT

Estimated Cost for War Hazard

FFP

is zero.

FOB: Destination

NET AMT

Section C - Descriptions and Specifications

SOW

STATEMENT OF WORK

PROJECT NO TITLE LOCATION

81110 Repair critical tactical route bridges Camp Casey

DESCRIPTION: The work to be performed to Repair critical tactical route bridges is described below, and executed by one or more of the groups.

a. Work by Contractor: The contractor shall provide all labor, tools, equipment, supplies and any other resources necessary to accomplish the scope of work contained herein as indicated in the drawings and in accordance with the specifications.

b. Work by In-House Labor: Not applicable to this project..

c. Work by Troop Labor: Not applicable to this project.

PRINCIPAL FEATURES: This project includes the following principal features:

Schedule #I, Repair (K): All work shall be in accordance with the attached drawings and specifications.

A. Civil Work

1. Replace deteriorated existing bridge.

2. Replace existing asphaltic concrete pavement.

3. Replace existing Portland cement concrete pavement.

4. Replace existing concrete sidewalk.

5. Replace concrete curb, header and taper.

6. Replace line marking.

7. Replace sign post.

8. Replace riprap.

9. Replace existing solid sodding.

B. Electrical Work

1. The existing telecommunication lines hanging at both sides of bridge shall be removed due to the replacement of the existing bridge. The existing telecommunication lines shall be removed between existing manholes as shown in the drawing, ES101.

2. To keep the continuous operation during the bridge construction, overhead temporary telecommunication cables on the messenger wires shall be installed between both sides of concrete poles.

3. The existing manholes shall be upgraded with bigger manholes so that all of telecommunication cables can be accommodated in bigger size. The temporary cables shall be spliced at the upgraded new manholes.

4. For the total number of telecommunication cables at both sides of the bridge, refer to drawings, ES101 and ES102.

5. After completing the construction of bridge, replace deteriorated existing telecommunication cables with new, and install cables in the ducts as shown in the drawing, ES102

6. Replace deteriorated existing ducts with new, and install as shown in the details on the drawing, ES503.

Schedule #II, New Construction (L): All work shall be in accordance with the attached drawings and specifications.

None

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 150 calendar days after Notice to Proceed (NTP) is issued.* The time stated for completion shall include final cleanup of the premises.

(End of clause)

Section G - Contract Administration Data

Section H - Special Contract Requirements

AT/OPSEC

1. AT Level I Training. This provision/contract text is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 20 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. 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 10 calendar daysafter completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: https://atlevel1.dtic.mil/at.

2. Access and General Protection/Security Policy and Procedures. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area. Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation 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 as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

3. iWATCH Training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 10 calendar days of contract award and within 10 calendar days of new employees commencing performance with the results reported to the COR NLT 10 calendar days after contract award.

4. For Contracts that Require OPSEC Training. Per AR 530-1, Operations Security, new contractor employees must complete Level I OPSEC training within 30 calendar days of their reporting for duty. All contractor employees must complete annual OPSEC awareness training. SPSEC training is available at the following website:

https:jkodirect.jten.mil/Atlas2/faces/page/login/login.seam. Please search course number JS-US009-14 ater log-in.

Section I - Contract Clauses

5152.232-4028 FUNDING OF ROK-FUNDED CONTRACTS

(a) Funding advisement: Except for contractual instruments, if any, which specifically obligate U.S. appropriated funds for payment by the U.S. Government, this contract, any modifications (including exercise of option(s)) to it, and any delivery orders under it, shall cite “MOA Contract - funded by ROK MND,” in lieu of citing appropriations and accounting data.

(b) Limitation of US liability: The U.S. Government shall incur no liability, and no appropriated funds of the United States shall be obligated, for payment for services, supplies, claims, or other costs arising out of or under contracts, delivery or service orders, or exercises of options or other modifications that are designated as “MOA Contract - funded by ROK MND.”

(c) Identification of invoices: Contractor shall state clearly “MOA Contract - funded by ROK MND” on all invoices for performance under contracts, delivery or service orders that are designated as “MOA Contract - funded by ROK MND.”

(d) Funding adjustments: It is intended that the Government will apply U.S. appropriated funds under this contract, if at all, exclusively and only until ROK MND funds become available, at which point the Contract will maximize use of ROK MND funds. The Government may arrange de-obligation of U.S. appropriated funds previously obligated, in order to replace them with obligation of ROK MND funds.

(e) Funding carry-over:

(1) The Government will make every reasonable effort to obtain completion of all performance under the contract and to obtain, approve, and forward Contractor’s invoices under the contract before the end of the calendar year of the contract. In the event that any work initiated under the contract cannot be completed by the end of the calendar year, the Contractor shall furnish the Contracting Officer and USFK, ATTN: FKJ4-ML, not later than 30 November, the following information:

(i) A list of work that apparently will not be completed and invoiced by, and apparently will require payments after, the end of the calendar year;

(ii) Estimated price of work that apparently will be carried beyond the calendar year; and

(iii) Date of anticipated completion of the work.

(2) Funding for work carried over to the next calendar year will not automatically transfer to the next calendar year; however, the ROK MND shall seek mutually agreeable procedures for payment for the work carried over.

(f) Availability of ROK Funds for the Next Calendar Year:

(1) This contract is funded with calendar year ROK MND funds, from date of award through 31 December of the year in which the contract is awarded and/or into which the contract is extended. ROK MND funds are not available for performance, under this contract, beyond 31 December of the current contract’s calendar year period. Any obligation and/or legal liability on the part of ROK MND for the next calendar year’s performance, including exercise of any option to extend the services/contract, is contingent upon the Contracting Officer’s explicit notification to the Contractor of availability of that new calendar year’s ROK MND funds, from which contractual payment(s) can be made.

(2) Unavailability of ROK MND funds until a few months into the new calendar year may necessitate a break in performance of the contract until those funds become available. In the event of a break in performance because of unavailability of the new calendar year’s ROK MND funds for obligation under the contract, that break in performance shall not be deemed a breach or default of the contract.

(3) Notwithstanding the provisions of the preceding subparagraphs, the U.S. Government may, at any point, require continued performance in obligation of U.S. appropriated funds until the ROK MND funds become available for the calendar year.

5152.232-4030 PAYMENTS - ROK MND-FUNDED CONTRACTS:

(a) Responsibility for Payment: Pursuant to Memorandum of Agreement (MOA) between United States Forces Korea (USFK) and the Republic of Korea Ministry of National Defense (ROK MND) concerning this contract, the ROK Government shall make payment directly to the contractor for performance rendered and accepted under any contract part, or delivery or service order identified as “MOA contract, funded by ROK MND.” If the contract or any part of the contract is identified as obligating U.S. appropriated funds, the U.S. Government shall pay for that portion, pursuant to and IAW procedures stated by FAR 52.232-1 PAYMENTS (APR 1984). Payments shall be made at the prices specified in the schedule.

(b) Performance Certification and Contract Administration: The U.S. Government has sole authority to administer this contract. The U.S. Government, through its designated USFK official(s), has sole authority to inspect and accept goods and services and to determine the Contractor’s entitlement to payment under this contract. The administering U.S. Government Contracting Officer will resolve all disputes, claims, and appeals before certifying invoices for payment. Neither ROK MND nor ROK Defense Logistics Agency will pay any invoice or claim under this contract without prior U.S. Government certification.

(c) Payment for Partial Deliveries: Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the U.S. Government, IF (1) the amount due on the deliveries warrants it, or (2) the Contractor requests it and the amount due on the deliveries is at least either the local currency equivalent of $1,000.00 or 50% of the total contract price.

(d) Invoices:

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

(1) Invoice date;

(2) Name and address of contractor;

(3) Contract number or other authorization for supplies delivered or service performed (including order number and contract line item number);

(4) Description, quantity, unit of measure, unit price and extended price of supplies delivered or services performed;

(5) Shipping and payment terms (e.g. shipment number and date of shipment, prompt payment discount terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading;

(6) Name and address to which payment is to be sent (which must be the same as that in the contract or on a proper notice of assignment);

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

(8) Any other information or documentation required by other provisions of the contract (such as evidence of shipment).

(9) Invoices shall be prepared and submitted in five (5) copies (one copy of the invoice shall be marked “Original”) unless otherwise specified.

(e) Procedures for Payment by ROK MND:

(1) The Contractor shall forward to the Contracting Officer’s Representative (COR), for certification of inspection and acceptance, all invoices in five (5) copies.

(2) If the contractor doesn’t receive payment within 35 days of the government’s receipt of the invoices, the contractor should contact the COR.

(f) Payment Addresses:

(1) For ROK MND payments:

Logistics Management Bureau ROK Ministry of National Defense

(2) For U.S. Appropriated Fund payments:

(i) For Army:

175th Finance and Accounting Officer ATTN: Commercial Accounts Office (CAO) Unit #15300

APO AP 96205-0053

(ii) For Air Force:

DFAS-BVNF/JA

Box 5220

APO AP 96328-5220

5152.233-4008 DISPUTES, MINISTRY OF NATIONAL DEFENSE FUNDED CONTRACTS, ROK

(This clause applies only to ROK-funded acquisitions or parts of acquisitions.)

(a) All disputes arising under, or relating to, this contract shall be resolved under this clause.

(b) "Claim", as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim than can be resolved under a contract clause that provides for the relief sought by the claimant; however, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the clause until certified as required by subparagraph (d)(2) below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the clause. The submission may be converted to a claim under the clause, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(c) The contractor shall have the right to submit to the Contracting Officer, disputes, demands, and/or claims, relating to or arising under this contract, only on the issue of whether the Government should and will certify performance, for payment by the ROK Government. The contractor shall not submit to the U.S. Government, nor will the Contracting Officer accept, any disputes, demands, or claims for compensation for work, which the U.S. Government has certified as completed.

(d) Procedures

(1) A claim by the contractor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a decision by the Contracting Officer.

(2) For contractor’s claims exceeding $100,000, the contractor shall submit with the claim a certification that –

(i) The claim is made in good faith;

(ii) Supporting data are accurate and complete to the best of the contractor's knowledge and belief; and

(iii) The amount requested accurately reflects the contract adjustment for which the contractor believes the Government is liable.

(3) Individuals

(i) If the contractor is an individual, the certification shall be executed by that individual.

(ii) If the contractor is not an individual, the certification shall be executed by –

(A) A senior company official in charge at the contractor's plant or location involved; or

(B) An officer or general partner of the contractor having overall responsibility for the conduct of the contractor's affairs.

(e) For contractor’s claims of $100,000 or less, the Contracting Officer will, if requested in writing by the contractor, render a decision within 60 days of the request. For contractor-certified claims over $100,000, the Contracting Officer will, within 60 days, decide the claim or notify the contractor of the date by which the decision will be made.

(f) The Contracting Officer's decision shall be final unless the contractor appeals the decision within 30 days of the Contracting Officer's decision, to the Principal Assistant Responsible for Contracting (PARC). In the event that the contractor does appeal the decision of the Contracting Officer, the appeal shall be heard by and decided by the PARC and/or a panel of U.S. officials, chaired by the PARC. The decision of this panel shall be final.

(g) The contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, or action arising under the contract, and comply with any decision of the Contracting Officer.

(h) Regarding "MOA Contract Funded by ROK MND" portion or period of this contract, any reference to the Disputes clause, FAR 52.233-1, shall be construed to mean this local clause 5152.233-4008.

Section J - List of Documents, Exhibits and Other Attachments

DRAWINGS

LIST OF APPLICABLE CONTRACT DRAWINGS

PROJECT NO TITLE LOCATION

81110 Repair critical tactical route bridges Camp Casey

GENERAL: The work shall conform to the following listed contract drawings and the standard detail drawings (dated 1 October 2003, issued by the Department of the Army, Installation Management Agency, Korea Region Office and located on the 411th CSB, Korea’s Web Page http://www.usfk.mil/Resources/ContractingwithUSFK.aspx), all of which form a part of the specifications.

REFERENCING CONVENTIONS

CIVIL

& SCOPE OF WORK

28 AUG 15

BRIDGE ( S-1095 )

BRIDGE (S-1801)

ELECTRICAL

TECHNICAL PROVISIONS - II

TECHNICAL DETAIL SPECIFICATIONS

PROJECT NO TITLE LOCATION

81110 Repair critical tactical route bridges Camp Casey

GENERAL: The specifications are from the "Standard Technical Specifications for OMA Projects, Korea", dated 24 January 2014. The current specifications are available through US Forces Korea (USFK) website http://www.usfk.mil/Resources/ContractingwithUSFK.aspx. The electronic version of the specifications is Acrobat® PDF format and can be read with the Acrobat Reader® software.

Changes to The Standard Technical Detail Specifications: None

TECHNICAL PROVISIONS - III

SPECIAL CONDITIONS

PROJECT NO TITLE LOCATION

81110 Repair critical tactical route bridges Camp Casey

1. Environmental Requirements in Contract

The Contractor shall perform work consistent with the relevant policy and objectives identified in Installation’s Environmental Management System (EMS). The Contractor shall perform work in a manner that conforms to all appropriate Environmental Management Programs and Operational Controls identified by Installation’s EMS, including pollution prevention, waste reduction, energy use, and natural resource protection. The Contractor shall provide monitoring and measurement information as necessary for the organization to address environmental performance relative to the environmental, energy, and transportation management goals. In addition, the Contractor shall advise their employees of their roles and responsibilities identified by the EMS and how these requirements affect their work performed under this contract. The Contractor is responsible for ensuring that the Contractor and any persons involved in the supervision or performance of the contract complete all required Environmental training.

In the event of any environmental nonconformance or noncompliance associated with the contracted services, the contractor shall take corrective and/or preventative actions. In the event of any noncompliance with any federal, state, or local environmental law, regulation or requirement, the Contractor shall immediately respond by taking all appropriate corrective actions and notifying the Contracting Officer’s Representative (COR) and the Environmental Office. For any nonconformance with the EMS, the Contractor shall take corrective action and initiate further preventative action, as required by the Environmental Office.

All on-site contractor personnel shall complete necessary safety and environmental training specified for the type of work conducted on-site. Upon contract award, the COR will notify the EMS Manager to arrange Environmental training for appropriate staff.

Additionally, when ordering supplies for use on Installation, all contractor personnel must favor energy-efficient, recycled or reclaimed material whenever practicable.

The responsibilities of all contractor personnel include:

(1) Comply with all applicable environmental laws, regulations and installation environmental policies.

(2) Control and prevent spills or hazardous substances releases IAW installation Spill Prevention Plan.

(3) Ensure dust, debris, materials, trash, etc., do not become air borne and travel off the project site.

(4) Do not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, topsoil and land forms without approval, except in areas indicated on the drawings or specified to be cleared.

(5) Monitor all water areas affected by construction activities to prevent pollution of surface and ground waters. Do not apply toxic or hazardous chemicals to soil or vegetation unless otherwise indicated.

(6) Open burning is prohibited on the Government premises IAW installation environmental policy.

(7) Participate in installation’s recycling program.

(8) Reducing the amount of hazardous material and/or solvent used by purchasing fewer hazardous materials and by increasing the use of products with recycled content. Spills of hazardous or toxic materials must be immediately reported to the Contracting Officer and the Environmental Office. Storage, describing, packaging, labeling, marking and placarding of hazardous waste and hazardous material IAW applicable environmental laws, regulations and local environmental policies. Transport hazardous waste off Government property and dispose of it in compliance with National, Provincial, and/or Local requirements for solid waste disposal.

(9) Reducing the amount of solid waste from construction and demolition debris, and scrap metal sent to municipal and rubble landfills by reducing, reusing, and recycling. Handling, storage, and disposal of solid waste must be conducted to prevent contamination. Transport solid waste off Government property and dispose of it in compliance with National, Provincial, and/or Local requirements for solid waste disposal.

(10) Conserving energy and water usage by turning off lights and equipment when not in use and using only the necessary amount of water needed to complete the required tasks. Continuous conservation of our natural resources is a must.

(11) When potential cultural or historic items are inadvertently found during construction activities, immediately cease activities in the vicinity of the discovery and report the findings to the Environmental Office.

(12) Participate in installation’s Integrated Pest Management (IPM) program whenever practicable.

(13) Minimize interference with disturbance to, and damage to fish, wildlife, and plants including their habitat.

SUBMITTAL REGISTER

Note 1. See the uploaded document in FBO.

Note 2. The Submittal Register in Section J, identifies the documentation that will be made available for approval and review by the Government in the performance of this task order. It is the contractor's responsibility that this data is in compliance with the corresponding OMA specification that is referenced.

Section K - Representations, Certifications and Other Statements of Offerors

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

5152.204-4032 REPRESENTATIONS AND CERTIFICATIONS

(a) SUBCONTRACTING:

If the offeror contemplates subcontracting, it must obtain prior written approval of subcontractor from the PCO or ACO, and list below: (1) the names and addresses of the subcontractor(s), (2) the type of subcontracting, and (3) the estimated price for each subcontract.

(b) AFFILIATED OFFERORS:

(1) Business concerns are affiliates of each other when, either directly or indirectly, one concern controls or has the power to control the other, or a third party controls or has the power to control both.

(2) Each offeror shall furnish, below, the following information:

(i) Whether the offeror has any affiliates;

(ii) The names and addresses of all affiliates of the offeror; and

(iii) The names and addresses of all persons and concerns exercising control or ownership of the offeror and any or all of its affiliates, and whether they are common officers, directors, stockholders holding controlling interest, or otherwise.

AFFILIATED CONCERNS. : (Name, location and, in detail, controlling interest in each)

(c) PRINCIPAL OWNER(S) OR STOCKHOLDER(S):

Each offeror shall list below the name(s) and address(es) of the principal owner(s) or stockholder(s) of the company and percentage of ownership. If a major portion is publicly traded and/or otherwise widely distributed, state that, with the percentage so affected.

(d) STANDARDS OF CONDUCT CERTIFICATION:

This is to certify that, to the best of my knowledge and belief, except as described below, no representative of this firm who deals with US Government employees on any aspect of this procurement is a former US Government employee, to include former US military personnel. I understand that this certification is continuing in nature and places a duty on me and my firm to notify the Contracting Officer of any additional individual(s) who fit the above description prior to the individual's assuming duties.

(i) Name ______________________________________________ Former rank/grade ____________________________________ Last US Government position ___________________________

(ii) Name ______________________________________________ Former rank/grade ____________________________________ Last US Government position ___________________________

(iii) Name ______________________________________________ Former rank/grade ____________________________________ Last US Government position ___________________________

Firm ____________________________________________________ Name _____________________________________________________ Signature __________________________________________________

Title _____________________________________________________ Date of Execution ____________________________________________

(e) TAXES:

(1) References:

(i) Contract clause entitled "FAR 52.229-06 Taxes—Foreign Fixed-Price Contracts (Jan 1991)."

(ii) US-ROK Status of Forces Agreement (SOFA), Articles IX and XVI.

(iii) ROK Customs Law, Law No. 1976, promulgated on 29 November 1967, as amended.

(iv) ROK Value Added Tax Law, Law No. 2934, promulgated on 22 December 1976 (effective date 1 July 1977), as amended.

(v) ROK Special Excise Tax Law, Law No. 2935, promulgated on 22 December 1976 (effective date 1 July 1977), as amended.

(2) Contractor shall state the types and estimated amount of taxes that would normally apply to such transactions but are excluded from this proposal.

(i) Customs Tax (except for ROK MND-funded contracts or delivery orders):

Name Number Cost/Unit of Item of Units w/o Tax % of Tax Tax/Unit Tax Total

This item will be imported specifically for this contract? Yes _____ No _____

(ii) Special Excise Tax:

Name Number Cost/Unit of Item of Units w/o Tax % of Tax Tax/Unit Tax Total

Name of item manufacturer

(iii) Value Added Tax (VAT):

Input VAT on materials purchased for this contract. 10% _____ Input VAT on transportation leased/rented for this contract.10% _____ Input VAT on equipment leased/rented for this contract. 10% _____ Input VAT on services purchased for this contract. 10% _____ Output VAT on total contract amount. 10% _____

(iv) Special Excise (Petroleum) Tax:

No. of U/P Liters w/o Tax Tax/Unit Total Tax Amount Regular Gasoline ________ (L) ________ w________ w_____________ Premium Gasoline ________ (L) ________ w________ w_____________ Diesel ________ (L) ________ w________ w_____________ Other ________ (L) ________ w________ w_____________

(v) Education Tax.

(3) Name of the oil company from which POL products will be purchased:

Oil Company: _________________________________________ (Name only)

(4) I certify by this submission that all supplies and services to be purchased for this contract have been proposed exclusive of Value Added Tax, applicable Customs Tax (except ROK MND-funded contracts and delivery orders), Special Excise Tax, and Education Tax.

Signed (Chop)

(f) CERTIFICATIONS AND REPRESENTATIONS

By submitting an offer, each offeror agrees to be bound by all certifications and representations in this solicitation. The Government reserves the right to require any and all certifications and representations to be completed and signed in hard copy by the successful offeror prior to contract award. Failure of an offeror to complete the certifications and representations within the time directed by the Contracting Officer may result in a determination that the contractor is not a responsible offeror for this acquisition.

Section L - Instructions, Conditions and Notices to Bidders

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

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

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

Date and time : 17 Nov 2015, 09:00 AM Location : In front of Building No# 617 POC : Mr. So, Ki Chong, Chief of Construction Inspector.

Phone : DSN) 730 - 3713, CP) 010- 2718-7476

5152.236-4011 CONSTRUCTION PRICE RANGE

Pursuant to FAR 36.204 the estimated price range is between $1,000,000 and $5,000,000.

INSTRUCTION TO OFFEROR

1. GENERAL INSTRUCTIONS FOR PREPARATION OF PROPOSAL:

a. The Government intends to award without discussion, but reserves the right to conduct discussions if deemed necessary and to establish a competitive range for efficiency in accordance with FAR 52.215-1(f)(4).

b. Offeror(s) may, at the discretion of the Government, be asked to provide more information and clarification regarding their proposals. The Government may make a final determination as to whether an offer is acceptable or unacceptable solely based on the proposals as submitted, without requesting any further information. However, if it is deemed necessary the Government may, at its sole discretion, request additional information clarifying but not substantially changing any proposal as submitted.

2. SUBMISSION OF PROPOSAL:

a. Offers shall be submitted to the Federal Business Opportunities (FBO) website (https://www.fbo.gov/), or if FBO is not available, email to chusong.yi2.ln@mail.mil with the evidence document such as screen shot. The FBO unavailability is limited to ONLY FBO server problem not individual failure/problem. All questions should be emailed to chusong.yi2.ln@mail.mil within five (5) days after the solicitation is issued. The electronic offer shall be submitted by 1300 hrs on the closing date of RFP.

b. The PRICING PROPOSAL with the detailed cost breakdown shall be submitted by 1300 hours on the closing date of RFP through https://www.fbo.gov/. The cost breakdown should clearly identify all the significant costs associated with the level of effort prescribed in the statement of work. Any omission of such data may result in the offeror not being considered for award.

c. Section K : Offerors must complete all portions of Section K and submit it through https://www.fbo.gov/ by 1300 hours on the closing date of RFP. The offeror shall review all expenses to ensure that all applicable taxes are excluded from the overall price. In addition, any proposed exemption of a specific ROK tax shall be legitimate, attributable to the contract, and authorized by the applicable stated references.

Failure to submit the above requirements may be grounds for determining the proposal to be technically unacceptable and not eligible to be considered for award.

Section M - Evaluation Factors for Award

BASIS OF AWARD

Award shall be made to the responsible offeror submitting the lowest priced, technically acceptable offer and completed Section K that satisfies all terms and conditions of this solicitation. The Government reserves the right to make a technical acceptability determination without any discussion with the offeror. The tax exemptions stated in Section K will be reviewed by the contracting officer for reasonableness and necessity to complete the Task Order. The contracting officer may reject a proposal if the offeror appears to improperly overstate any proposed tax exemptions image1.wmf image2.wmf