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W91QVN-16-R-0155

Section A - Solicitation/Contract Form

NAVY PROJECT NOTECE.

NOTE: THIS SOLICITATION IS FOR THE U.S. NAVY REQUIREMENTS.

SPECIFICATIONS CONTAINED IN THIS SOLICITATION

SUPERSEDE OMA SPECIFICATIONS. IT IS THE

RESPONSIBILITY OF THE CONTRACTOR TO PROVIDE A

PROPOSAL THAT MEETS THESE REQUIREMENTS.

Section B - Supplies or Services and Prices

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Fence replacement & exterior

FFP

Work Class: K

FOB: Destination

PURCHASE REQUEST NUMBER: N3277816MP001U4

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Estimated Cost for War Hazzard

FFP

is zero(0).

FOB: Destination

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK FOR

BACKYARD FENCE REPLACEMENT AND EXTERIOR LIVING SPACE IMPROVEMENT

AT ALL HOUSING AREA, CFA CHINHAE, KOREA

1. GENERAL: The Contractor shall furnish all labor, materials, equipment, transportation and supervision necessary to perform backyard fence replacement and exterior living space improvement at all housing area at CFA Chinhae, Korea in accordance with the specifications and drawings.

2. LOCATION: The job site is located in COMFLEACT CHINHAE. The exact locations will be indicated by the Contracting Officer.

3. TERM OF CONTRACT: This project shall be completed in 360 calendar days after date of order.

Only 2 buildings will be allowed to be under construction at any one time

4. APPLICABLE PUBLICATION: The following publications are applicable to this specification:

a.Safety and Health Requirements Manual, EM 38511 U. S. Army Corps of Engineers.
b.NAVFACPAC Instruction 5100.4D, Section 01525, Safety and Occupational Health Requirements.

HIGH-VISIBILITY SAFETY APPAREL: The Contractor’s workers, sub-contractor’s workers, and visitors on construction jobsites shall wear vest with retro reflective and fluorescent material (i.e. ANSI/SEA 107-2004 Class II compliant orange mesh vests) in accordance with NAVFACPAC INSTRUCTION 5100.4D.

c.Korean Standards (KS), NEC & UL.
d.USFK Regulation 201-1, dated 18 June 2012.

5. MATERIALS: The materials not specified herein shall be subject to the approval of the Contracting Officer.

6. SUBMITTALS: Prior to start of work, the Contractor shall submit 1 electronic set of the following submittals to the Contracting Officer for approval before installation or procurement:

a.Material Safety Data Sheets (MSDS)
b.Accident Prevention Plan (APP)
c.Activity Hazard Analysis (AHAs)
d.Qualifications for Site Safety and Health Officer
e.Accident Reporting Procedures
f.Quality Control Plan and Safety Plan
g.Shop Drawings and Catalog or Samples of Material
h.Work Schedule (including Power/Water Outage schedule)

7. ENVIRONMENTAL:

a.Prior to start of work, the Contractor shall obtain approval of all hazardous materials to be used from the Environmental Office. All excess hazardous materials if any shall be removed and/or disposed of in accordance with USFK Regulation 201-1, Environmental Governing Standards and local Korean laws and regulations, unless directed otherwise in the contract.
b.Solid Waste Management Report: The Contractor shall submit a solid waste disposal report (Attachment A) to the Contracting Officer on a monthly basis. If the period is less than one month, a final report will be submitted at the end of the contract period.

c. Inadvertent Discovery Clause: In the event that any previously unidentified archaeological sites or remains (Such as artifacts, shells, bone or, charcoal deposits human burials, rock or coral alignments, paving, or walls) are encountered, immediately suspend work and notify the contracting officer.

8. SCOPE OF WORK: The contractor shall perform following works as shown and indicated on Public Works Drawing PW-15-4037. The contractor is responsible to check and verify all dimensions prior to commencement of work.

a. Remove and dispose existing 1,100mm high chain link fence (Approx. 580LM), 2,000mm high CMU patio wall (Approx. 355LM), 1,200mm wide concrete side walk (Approx. 550LM), and trees (Approx. 45EA) which are located within new fence line.

b. Provide synthetic resin fence (Approx. 1,752LM), synthetic resin partition fence (Approx. 67LM), single gates (900mm wide, Total: 46EA) and synthetic resin deck (Approx.1, 196M2)

c. Provide new lawn area, and restore damaged existing lawn area (Approx. 1,460M2) including all associated construction works necessary to complete the work required by the drawings and specifications.

d. Perform other minor work as shown and indicated on Public Works drawing PW-15-4037. The contractor is responsible to check and verify all dimensions prior to commencement of work.

9. GOVERNMENT FURNISHED MATERIALS: The following materials listed below shall be provided by the Government to the Contractor: N/A

10. PERFORMANCE STANDARDS: Unless otherwise specified, all work shall conform to the standards described in the paragraph entitled "APPLICABLE PUBLICATIONS". The work not specified therein shall be subject to approval of the Contracting Officer.

11. LIQUIDATED DAMAGES: If the Contractor fails to complete the work in the time specified in the contract, or any extension, the Contractor shall pay the U.S. government as liquidated damages the amount of 465,205 Korean Won per calendar day.

12. WORKING HOURS: From 08:00 to 17:00, Monday through Friday, except for U.S. Federal holidays and other days specifically designated by the Contracting Officer (Training holidays, etc.). Requests for work outside of regular hours may be made in writing 5 days in advance to the Contracting Officer.

13. WORKING SCHEDULE: Within five working days after the date of order, the Contractor shall submit a work schedule in writing to the Contracting Officer for approval. In no event shall the Contractor change the approved work schedule without prior written approval of the Contracting Officer. The contractor shall not start any works until the schedule is received and accepted by the FEAD Chinhae.

14. PREPERFORMANCE CONFERENCE: Prior to commencing work, the Contractor shall meet in conference with the Contracting Officer, at a time determined by the Contracting Officer, to discuss and develop a mutual understanding relative to scheduling and administering the work.

15. SAFETY REQUIREMENTS: All work shall be conducted in a safe manner and shall comply with the current safety requirements as indicated in EM 38511, Safety and Health Requirements Manual issued by the U. S. Army Corps of Engineers and NAVFACPAC INSTRUCTION 5100.4D.

16. STATION REGULATIONS: The Contractor and his employees shall become acquainted with and obey all Base and/or Station regulations as posted or as requested by the Contracting Officer.

17. EXAMINATION OF PREMISES: Contractors are expected to satisfy themselves as to the general and local conditions that may affect the cost of the performance of the work to the extent that such information is reasonably obtainable. It is considered impractical to determine, without inspection, the exact nature of the work and site conditions under which the work is to be performed. Arrangements to visit the site will be made by separate notice.

18. EXISTING WORK: All portions of existing work which have been altered in any way during the Contractor's operations shall be repaired or replaced in kind and in a manner to match existing or adjoining work, as approved by the Contracting Officer. All work of this nature shall be performed at the Contractor's expense and shall be performed as directed by the Contracting Officer. At the completion of all operations, existing work shall be in a condition equal to or better than that which existed before the work started.

19. PROJECT IDENTIFICATION:

Project Identification Signboard (Navy)

A project identification signboard shall be provided in accordance with attached Plates [1, 2, 3, and 4]. Provide preliminary drawing indicating layout and text content. The signboard shall be provided at a conspicuous location on the job site where directed by the Contracting Officer.

a. The field of the sign shall consist of a 1200 by 2400 mm or 4 by 8 foot sheet of grade B-B medium density overlaid exterior plywood.

b. Lumber shall be B or better Southern pine, pressure-preservative treated in accordance with AWPA C1 and AWPA C2. Nails shall be aluminum or galvanized steel.

c. The entire signboard and supports shall be given one coat of exterior alkyd primer and two coats of exterior alkyd enamel paint. The lettering and sign work shall be performed by a skilled sign painter using paint known in the trade as bulletin colors. The colors, lettering sizes, and lettering styles shall be as indicated. Where preservative-treated lumber is required, utilize only cured pressure-treated wood which has had the chemicals leached from the surface of the wood prior to painting.

d. Use spray applied automotive quality high gloss acrylic white enamel paint as background for the NAVFAC logo. NAVFAC logo shall be an applied 2 millimeter film sticker/decal with either transparent or white background or paint the logo by stencil onto the sign. The weather resistant sticker/decal film shall be rated for a minimum of 2-year exterior vertical exposure. The self-adhering sticker shall be mounted to the sign with pressure sensitive, permanent acrylic adhesive. Shop cut sticker/decal to rectangular shape and provide pull-off backing sheet on adhesive side of design sticker for shipping.

e. Sign paint colors (manufacturer's numbers/types listed below for color identification only)

(1) Blue = To match dark blue color in the NAVFAC logo.

(2) White = To match Brilliant White color in the NAVFAC logo.

f. NAVFAC logo must retain proportions and design integrity. NAVFAC logos in electronic format may be obtained from the NAVFAC web portal via the following link:

https://portal.navfac.navy.mil/portal/page?_pageid=181,3465071&_dad=portal&_sceh

Use the following to choose color values for the paint to be used:

(1) Dark Blue = equivalent to CMYK values 100, 72, 0, 8.

(2) Light Blue = equivalent to CMYK values 69, 34, 0, 0.

(3) Cyan = equivalent to CMYK values 100, 9, 0, 6.

(4) Yellow = equivalent to CMYK values 0.9,94, 0.

20. ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

The Contractor shall perform work under this contract consistent with the policy and objectives identified in the Commander, Fleet Activities (COMFLEACT), Chinhae Environmental Management System (EMS). In addition to compliance with the Korea Environmental Governing Standards (EGS), the Contractor shall perform work in a manner that conforms to the objectives and targets, environmental programs and operational controls identified by the EMS. The Contractor shall provide monitoring and measurement information as necessary to address environmental performance relative to environmental, energy, and transportation management goals. In the event an EMS nonconformance or environmental noncompliance associated with the contracted services, tasks, or actions occurs, the Contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall assume legal and financial liability for the noncompliance and take corrective action immediately to remedy the noncompliance. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the Contracting Officer. In addition, the Contractor shall ensure that its employees are aware of their roles and responsibilities under the EMS and how these EMS roles and responsibilities affect work performed under the contract.

The Contractor is responsible for ensuring that their employees receive applicable environmental and occupational health and safety training, and keeping up to date on regulatory required specific training for the type of work to be conducted onsite. All on-site Contractor personnel, and their subcontractor personnel, performing tasks that have the potential to cause a significant environmental impact shall be competent on the basis of appropriate education, training or experience. Upon contract award, the Contracting Officer's Representative (COR) will notify the COMFLEACT Chinhae EMS program manager (EPM) to arrange EMS training unless instructed otherwise in the Supplemental Temporary Environmental Controls. The EPM will identify training needs associated with environmental aspects and the EMS, and arrange training or take other action to meet these needs. The Contractor shall provide training documentation to the Contracting Officer. The EPM will retain associated records.

END OF STATEMENT OF WORK

Solid Waste Report Construction & Demolition - Disposal & Recyclables

Provide the following information in the blanks below. Be sure to show final destination and method of disposal and recycling of all construction and demolition debris/wastes and sign at the bottom of the page. Paperwork from the disposal and/or recycling facility to be provided along with this completed form for each individual waste.

________________________________________________________________________
Company NameContract NumberPhone Number

Report each weight using the table below. Indicate whether the weight is in kilograms or pounds. The information is required to be segregated by landfill, incineration, or recycling. If a type of waste is not listed in the table, note the wastes along with weights and cost in the blanks of the table below. All attempts should be made to recycle as much of the wastes as possible.

Weight (kg or lb.)

Location of

Disposal

Cost
Disposal or
Type of Waste
(Landfill or Incineration)
Recycling
(KW, $)
Recycling
Date

Food

Wood

Metals

Paper/Cardboard

Soil

Gravel

Plastic

Glass

Concrete

Asphalt

TOTAL

In accordance with Commander, Fleet Activities Chinhae (CFAC) Environmental Management System (EMS), this form (or equivalent) documents that the individual listed above is aware of the responsibility to report accurate solid waste disposal and recycle weights to the Public Works Department, Environmental Division in a timely manner.

________________________________
SignatureDate

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 360 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

Drawing See the attached drawing.

Specification See the attached Navy Specification.

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)

252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN 2012)

(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012,(Pub. L. 112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ___ ] is not [ ___ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ___ ] is not [ ___ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(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 technically 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.

(b) An organized site visit has been scheduled for--

TBD

(c) Participants will meet at--
TBD

(End of provision)

5152.236-4011 CONSTRUCTION PRICE RANGE

Pursuant to FAR 36.204 the estimated price range is between $500,000 and $1,000,000.

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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