A21_W91QVN-16-R-0136.docx

W91QVN-16-R-0136

Section A - Solicitation/Contract Form

LCS FUNDED PROJECT NOTICE for CONSTRUCTION

This Request for Proposal (RFP) is for a Republic of Korea (ROK) Ministry of National Defense (MND) funded construction task order to be competed among companies awarded a General Construction MATOC contract as stated at Item 10 of this SF1442.

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.

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

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

0. 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

(K) Repair MPRC Mover Bunkers 1 thru 5, RLFC

FFP

Work Class: K, FEWR #81484

FOB: Destination

PURCHASE REQUEST NUMBER: WT4R446159N007

NET AMT

Section C - Descriptions and Specifications

TECHNICAL PROVISIONS - I

STATEMENT OF WORK

PROJECT NO TITLE LOCATION

81484 Repair MPRC Mover bunkers 1 thru 5 RLFC

DESCRIPTION: The work to be performed to Repair MPRC Mover bunkers 1 thru 5 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. This Request for Proposal (RFP) is being conducted under the Logistics Cost Sharing (LCS) program. The contractor should not use off-shore materials for the work without Government approval.

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. Architectural Work

For bunkers: S-1219, S-1220, S-1221 and S-1223:

1. Replace existing metal sliding door to metal blast sliding door with guide track.

For bunker: S-1222:

1. Replace existing metal sliding door to metal blast sliding door with guide track.

2. Replace existing wood protection wall to concrete protection wall for existing transformer.

3. Fill with concrete mortar.

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

None

TECHNICAL PROVISIONS - II

TECHNICAL DETAIL SPECIFICATIONS

PROJECT NO TITLE LOCATION

81484 Repair MPRC Mover bunkers 1 thru 5 RLFC

GENERAL: The specification sections listed below are applicable to this project. The specifications are from the “Standard Technical Specifications for O&MA Projects, Korea, Revision 1” (2014 OMA SPECS, REVISION 1), dated 20151030, located on the http://www.usfk.mil/Portals/105/Documents/Contracting/NewContract/2014-OMA-SPECS_REVISION-1.pdf. 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

81484 Repair MPRC Mover bunkers 1 thru 5 RLFC

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.

2. CONTRACT REQUIREMENTS PACKAGE ANTITERRORISM/OPERATIONS SECURITY REVIEW COVER SHEET

After Notice to process is issued, COR shall take following action, Section IV. Standard Contract Language/Contract Clause Applicability and/or Additional SOW Language.

A. AT Level I Training. This standard language 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 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.

B. Access and General Protection/Security Policy and Procedures. This standard language is for contractor employees with an area of performance within Army controlled installation, facility, or area. Contractor and all associated sub-contractors employees shall 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 (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 individual facility or installation change, the Government may require changes in contractor security matters or processes.

B-a. For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

C. 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.

D. Requirement for OPSEC Training. Per AR 530-1 Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter.

OPSEC training is available at the following website: http://cdsetrain.dtic.mil/opsec

Section F - Deliveries or Performance

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 90 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 J - List of Documents, Exhibits and Other Attachments

LIST OF APPLICABLE CONTRACT DRAWINGS

PROJECT NO TITLE LOCATION

81484 Repair MPRC Mover bunkers 1 thru 5 RLFC

GENERAL: The work shall conform to the following contract drawings and OMA standard detail drawings, 2014 (dated 30 November 2015), issued by the Department of the Army, Installation Management Agency, Korea Region Office and located on http://www.usfk.mil/Portals/105/Documents/Contracting/NewContract/STANDARD-DETAIL-DRAWINGS-FOR-OMA-PROJECTS-KOREA_20151130.pdf, all of which form a part of the specifications.

BUILDING S-1219

ARCHITECTURAL

BUILDING S-1220

ARCHITECTURAL

BUILDING S-1221

ARCHITECTURAL

BUILDING S-1222

ARCHITECTURAL

BUILDING S-1223

ARCHITECTURAL

TYPICAL DRAWINGS

ARCHITECTURAL

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

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 ukap.son1.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 ukap.son1.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 non compliant unacceptable and not eligible to be considered for award.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (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.

a. Date & Time: 2 Aug 2016 & 0900 hours

(End of provision)

5152.236-4011 CONSTRUCTION PRICE RANGE

Pursuant to FAR 36.204 the estimated price range is between $100,000and $250,000.

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.

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