W91QVN-16-T-0019.docx

W91QVN-16-T-0019

Section SF 1449 - CONTINUATION SHEET

Blanket, Polyester Polar Fleece

FFP

See the attached salient characteristics.

FOB: Destination

PURCHASE REQUEST NUMBER: EANCTM52220113

ESTIMATED

NET AMT

Pillow, Poly

See the attached salient characteristics.

ESTIMATED

Case, Pillow

See the attached salient characteristics.

ESTIMATED

Cover, Mattress, Single Bed

See the attached salient characteristics.

ESTIMATED

Sheets, Single Bed

See the attached salient characteristics.

ESTIMATED

Blanket, Polyester Polar Fleece

See the attached salient characteristics.

ESTIMATED

Pillow, Poly

See the attached salient characteristics.

ESTIMATED

Case, Pillow

See the attached salient characteristics.

ESTIMATED

Cover, Mattress, Single Bed

See the attached salient characteristics.

ESTIMATED

Sheets, Single Bed

See the attached salient characteristics.

ESTIMATED

Blanket, Polyester Polar Fleece

See the attached salient characteristics.

ESTIMATED

Pillow, Poly

See the attached salient characteristics.

ESTIMATED

Case, Pillow

See the attached salient characteristics.

ESTIMATED

Cover, Mattress, Single Bed

See the attached salient characteristics.

ESTIMATED

Sheets, Single Bed

See the attached salient characteristics.

ESTIMATED

Blanket, Polyester Polar Fleece

See the attached salient characteristics.

ESTIMATED

Pillow, Poly

See the attached salient characteristics.

ESTIMATED

Case, Pillow

See the attached salient characteristics.

ESTIMATED

Cover, Mattress, Single Bed

See the attached salient characteristics.

ESTIMATED

Sheets, Single Bed

See the attached salient characteristics.

ESTIMATED

Blanket, Polyester Polar Fleece

See the attached salient characteristics.

ESTIMATED

Pillow, Poly

See the attached salient characteristics.

ESTIMATED

Case, Pillow

See the attached salient characteristics.

ESTIMATED

Cover, Mattress, Single Bed

See the attached salient characteristics.

ESTIMATED

Sheets, Single Bed

See the attached salient characteristics.

ESTIMATED

LCS PROJECT 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).

Performance Period:

Based Period: 1 Jan 2016 or the date of award, whichever is later thru 31 Dec 2016 1st Option: 1 Jan 2017 thru 31 Dec 2017 2nd Option: 1 Jan 2018 thru 31 Dec 2018 3rd Option: 1 Jan 2019 thru 31 Dec 2019 4th Option: 1 Jan 2020 thru 31 Dec 2020

BASIS OF AWARD

Award will be made to the responsible offeror(s) submitting the lowest priced, technically acceptable (LPTA) offer(s) that satisfies all terms and conditions of this solicitation. The following factors shall be used to evaluate offers: If any of factor is rated as unacceptable, the overall factor rating is unacceptable and the entire proposal is unacceptable.

Factor A: Technical The Government will evaluate the offeror’s proposal against Government’s requirements as specified on the solicitation to determine whether the proposal is acceptable or unacceptable using the ratings and descriptions outlined in table below.

Technical Acceptable/Unacceptable Ratings

Factor B: Past Performance

The Government will evaluate the offeror’s record of past and current performance to ascertain the probability of successfully performing the required efforts of the solicitation requirements. This factor will be evaluated on an “acceptable” or “unacceptable” basis using the ratings in below table. Past Performance will be evaluated based upon offeror’s client’s satisfaction on same or similar projects within the last 3 years. In determining the acceptability, each offeror shall be required to submit Past Performance Information within the last three (3) years in accordance with responses received to the Proposal Instruction (Addendum to FAR 52.212-1, Instructions to the offeror(s)). The Government reserves the right to obtain past performance from any reasonable source available, including Government databases in order to evaluate past performance.

Past Performance Evaluation Ratings

* Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. “Unknown” will be considered “acceptable.”

Factor C: Price (Price will be evaluated in accordance with FAR 15.404.)

DELIVERY INSTRUCTIONS

ADDENDUM TO FAR 52.212-4 Contract Terms and Conditions—Commercial Items

1. INSPECTION AND ACCEPTANCE: Inspection for condition, quality, quantity count and final acceptance of the supplies delivered under this Contract shall be conducted by COR or his authorized representative at the final destination point in South Korea.

a. Delivery items: The submitted samples and delivered items have to be identical in material, color and size.

b. Delivery Point and Receiving Officer are as shown below.

Delivery Point:

a. Delivery shall be FOB destination, with unloading and handling to be accomplished by the contractor with direction by the government.

b. Delivery points and POCs are:

55th Bo Keup Chang, 252-9, Bumil-5 dong, Dong-gu, BLDG 1412, Busan Storage Center Busan, Korea

POC: Ms. Kim In Suk/ Mr. Park, commercial phone 051-801-7811/7809, 0505- 763-7811/7809.

302 Combat Support Battalion SSA, BLDG 770 Camp Casey, Dongduchon, Korea.

POC: CW2 Moreland, Abigail A (Abby) commercial phone at 05033-30-4171/05033-30-6607 Mr. Lim Yong Chae at 730-3880/010-2077-3515 (moving to Pyong taek. SP15-subject to change)

c. Delivery shall be made as below after receipt of delivery order. All work under this contract shall be performed only upon issuance of a delivery order signed by the Contracting Officer or by his representative duly authorized in writing. After receipt of each delivery order, the Contractor shall complete the work described in the delivery order based on the following performance schedule:

Over ₩1,000,000,001 Performance period will be determined when the delivery is issued.

*ARO: After receipt of delivery order

d. The contractor shall notify the Receiving Officer of delivery status a minimum of two (2) days prior to the required delivery date.

e. Delivery shall not be accepted on any national holiday without prior coordination with 411th CSB Contracting Officer and/or the Receiving Officer. National holidays are defined as “Any calendar day either designated as a United States Holiday, or recognized as a Republic of Korea Holiday by Headquarters, Eighth United States Army.”

f. Deliveries to the designated places will normally be made during the following times:

Monday through Friday: 0800 – 1500 hours or as determined through mutual agreement between the contractor and requiring activity.

g. The contractor shall deliver items on time specified in each delivery order issued by 411th CSB.

h. SPECIAL DELIVERY REQUIREMENT

i) The Contractor shall submit one each of all items to the Receiving Officer within 5 days after award of the contract with Certificate of Fiber Mixed Ratio (섬유 혼용율 시험 성적서) for each item. The certification agency should be designated by the Korean Agency for Technology and Standards (기술표준원, www.kats.go.kr). After the Receiving Officer’s verification of items and certifications, the contractor shall manufacture all items.

ii) The care instruction tag for laundering and drying shall be attached to all items. Each item shall be wrapped individually in a plastic or vinyl bag. All wrapped items shall be packed in boxes. The contractor shall provide pallets, and move boxes to the inside of the warehouse. The pallets shall be left with the boxes in the warehouse.

Contracting Officer Representative (COR):

Mr. Lee, Howard Supply Management Representative Supply and Service Branch, 8A G4 DSN (315) 723-6145 / International 011-82-2-7913-6145, Mobile:

010-8845-7618 / International 011-82-10-8845-7618 Building 2474 Room 215 Yongsan Garrison - Seoul Korea

PSC 303 BOX 29 APO AP 96204

COR’s NOTIFICATION TO PURCHASING ACTIVITY OF NON-RECEIPT, DAMAGE OR NON-CONFORMANCE: The Receiving Officer shall notify the Purchasing Office promptly after date of delivery specified in the purchase order, of supplies not received, damaged in transit, or not conforming to specifications of the purchase order. Only under extenuating circumstances should such notification be made later than 15 days after specified dated of delivery.

SALIENT CHARACTERISTICS

CLIN 0001: Blanket

Material: Polyester Polar Fleece 100%. Color: Olive Drab Federal Standard 34087 or equal. Machine washable. Measurement will be made without stretching the material. Minimum size: 215cm (L) x170cm (W), Maximum size: 220 cm x 170 cm Minimum weight 1,700g.

CLIN 0002: Pillow

Color: White. Machine washable. Pillow exterior material: Polyester 100%. Pillow interior material: Polyester 100%. Pillow interior material must be inserted evenly into the cover using pillow filling machine. Minimum size: 50cm x70cm, Maximum size: 50cm x 75cm, Minimum weight: 950g.

CLIN 0003: Pillow Case

Machine wash. Color: White. Material: Polyester 40%/Cotton 60%, Thread: 40wt. Size: 52cm x77cm. Minimum weight 140g. The pillow from CLIN 0002 must fit in pillow case.

CLIN 0004: Cover, Mattress, Single Bed.

Color: White. Rubber rounding. Machine washable. Polyester 50%/Cotton 50%. Minimum size: W: 99cm, L: 203cm, D: 35cm. Maximum size: 102cm x 203cm x 35cm. Minimum weight: 1,500g. Maximum weight: 1600 g Must be fit single size mattress.

CLIN 0005: Sheets, Single Bed

Color: White. Machine wash. Material: Polyester 50%/Cotton 50%. Thread: 40wt. Minimum size: 180cm X275cm, Maximum size: 185 cm x 285 cm. Minimum weight: 710g.

Note: The fiber mixed ratio (섬유혼용율) may be +/- 5% from the above stated requirements.

INSTRUCTIONS TO OFFERORS

ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO THE OFFEROR(S)

1. Offers shall be submitted to Federal Business Opportunities (FBO) website (https://www.fbo.gov/). Offer submitted other than FBO will not be considered for award. All questions should be emailed to andrew.r.spinazzola.mil@mail.mil within 5 days after the solicitation is issued. The technical proposal shall include the company name. The electronic offer shall be submitted by the closing date and time of solicitation.

2. The offer(s) shall include the following requirements IAW Para 1 above.

a. Technical Proposal:

The contractor shall submit the specification for the proposed items along with the offer that demonstrates the proposed items meet the requirement in the solicitation.

b. Past Performance: Furnish information indicated below for most recent government and commercial contracts offeror has performed during the past three (3) years of the same scope as that contained in the solicitation. If the contract is awarded based on the false information, the contract will be terminated for cause of the contractor

1. Contract Number

1. Contract Date

1. Contract Amount

1. Contracting Agency

1. Project Officer: Email & Phone #

1. Project Description

Each offeror shall submit any known adverse past performance information including all relevant supporting details with their proposal. Each offeror shall provide a copy of any cure notices or show cause letters received on each contract listed and a description of any corrective action by the offeror. The offeror shall also provide the information listed above on any contract that has been terminated, in whole or in part, for default during the past three (3) years, or any contracts which are currently in the process of such termination. This information is required for any contract, whether similar or not to the proposed effort.

The Government reserves right to conduct investigation of the offeror’s past performances, not limited to the listed past performances on the Past Performance proposal. If the contract is awarded based on the false information, the contract will be terminated for cause of the contractor.

c. Price Schedule.

d. Offeror’s status as a Korean contractor:

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).

Note: Failure to submit the above requirements may be grounds for determining the proposal to be non-compliant and not eligible to be considered for award.

3. Clauses 52.203-2 and 52.209-5, and Local clause 5152.204-4032 shall be submitted upon request from the Government.

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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)

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $500,000

(2) Any order for a combination of items in excess of $500,000; or

(3) A series of orders from the same ordering office within 30 calendar days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 working days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the completion date specified in each delivery order.

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor not less than 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015) and ALTERNATE I (MAR 2015)

Alternate I (AUG 2007). As prescribed in 22.1705(b), substitute the following paragraph in place of paragraph (c)(1)(i) of the basic clause:

(i)

(A) The United States Government's zero tolerance policy described in paragraph (b) of this clause; and

(B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below:

Document Title: USFK Regulation 190-2 Document may be obtained from:

http://8tharmy.korea.army.mil/g1_AG/Programs_Policy/UploadedFile/USFK/USFK_Reg_190-2_Off-Limits_Areas_and_Establishments.pdf

Document Title: USFK Command Policy Letter #12 Document may be obtained from:

http://www.usfk.mil/usfk/Uploads/140/USFK%20CPL12.pdf

Applies to Performance in/at: Republic of Korea

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfars/

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfars/

252.216-7006 ORDERING (MAY 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from the date of award through the contract expiration date including exercised option periods.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)(1) If issued electronically, the order is considered ``issued'' when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

(End of Clause)

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (MAR 2006)

(a) Definition. “United States,” as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from HQDA-AT; telephone, DSN 222-9832 or commercial (703) 692-9832.

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.

5152.229-4013 TAX EXEMPTION, SPECIAL EXCISE TAX, REPUBLIC OF KOREA

This clause is in implementation of Article XVI of the Status of Forces Agreement between the Republic of Korea and the United States, granting Contractors exemption from Republic of Korea Special Excise Taxes. At the time this contract is awarded the Contractor shall indicate to the Contracting Officer which items will be purchased for the contract that are subject to Special Excise Tax. It shall indicate the name of the item, the number of units to be purchased, the cost per unit without tax, the percentage of tax, the tax amount per unit, the total tax, and the manufacturer of the item. The Contracting Officer will verify the reasonableness of the quantities claimed and ensure that the Contractor has certified that the contract price excludes Special Excise Tax on those items subject to the tax. The contractor shall purchase the special-excise-taxed items from the manufacturer, tax-inclusive. For construction and single-delivery type supply and service contracts, the contractor shall employ the following procedure: At the time it purchases the items it shall present the manufacturer with a notification letter requesting refund of the Special Excise Tax. (Copies of this letter can be obtained from the 411th CSB, Korea Contracting Officer.) The manufacturer will endorse the letter to the manufacturer's District Tax Office which will make refund to the manufacturer. The manufacturer will make subsequent refund to the Contractor. Requests for refund under requirements-type contracts will be submitted monthly and will be accompanied by copies of the USFK delivery orders issue

5152.229-4014 TAX EXEMPTION, VALUE ADDED TAX, REPUBLIC OF KOREA

This clause implements Article XVI of the Status of Forces Agreement between the Republic of Korea and the United States of America, which exempts contractors from paying the Republic of Korea Value-Added Taxes. When the contractor submits an offer, it shall certify to the Contracting Officer that all the costs in the offer will be exclusive of any Value-Added Tax; and further, that the proposed contract price includes no Value-Added Tax. The contractor shall also indicate the amount and type of Value-Added Taxes excluded from the contract price. If supplies and/or services which the contractor purchases for this contract include Value-Added Taxes, it can obtain a full refund for the amount of the Value-Added Tax by submitting to the ROK District Tax Office tax invoices which the contractor receives when it purchases materials and/or services for this contract. The contractor must submit a copy of the USFK contract with its first tax invoice submission. Subsequent tax invoice submissions must be accompanied by a letter which references the USFK contract submitted with the first tax invoice submission.

5152.229-4015 TAX EXEMPTION, POL PRODUCTS, REPUBLIC OF KOREA

(a) This clause is in implementation of Article XVI of the Status of Forces Agreement between the Republic of Korea and the United States of America, granting Contractors exemption from Republic of Korea taxes for petroleum products (POL) utilized on USFK acquisitions in the Republic of Korea. At the time this contract is awarded, the Contractor shall make a final nomination in writing of its point of purchase for POL products to be used on this contract. If the Contractor intends to purchase directly from an oil company refinery, it may nominate any of the three ROK oil companies below which have agreed to sell to Contractor FOB refinery at the SET-exempt price.

List of Oil Companies and their Respective Tax Offices

(1) Hyundai Oil Refinery Co., Ltd.: Dong-Inchon District Tax Office ATTN: POL Tax Administrator Inchon City, Korea

(2) SK Corporation: Ulsan District Tax Office ATTN: POL Tax Administrator Ulsan City, Kyongsan Nam Do, Korea

(3) LG Caltex Company: Yosu District Tax Office ATTN: POL Tax Administrator Yosu City, Chonla Nam Do, Korea

(b) If the contractor instead intends to purchase its POL products from an individual gasoline station, the Contracting Officer will advise the contractor as to which individual gasoline stations will sell to it at the SET-exempt price. The contractor shall specify from which of those stations it will purchase. In addition to specifying the oil company/gas station, the Contractor shall state the estimated quantity and the amount of POL to be purchased from each refinery/gas station. The USFK Contracting Officer will verify the reasonableness of the amounts of POL products claimed for use on the contract and, based on this verification, the USFK Responsible Officer will issue USFK POL Tax Exemption Coupons. If the Contractor wishes to purchase from an individual gas station, it will be required to make advance payment for the amount of POL covered by the coupons. Advance payment will be at the SET-exempt price and will be made to the gas station(s) previously nominated. Representatives from the nominated gas station(s) shall be present at the issuing session. They will collect the advance payments, mark “paid” on the back of the original copy of the coupons issued, and provide the purchasing Contractor with tax invoices to be used by the Contractor to obtain SET refund from its governing ROK District Tax Office. All coupons for construction contracts will be issued at the time of award. Coupons for requirements-type contracts will be issued on a delivery order increment basis or on a monthly basis. Pre-selected oil company refineries will sell their POL products at the SET-exempted prices upon presentation of the coupons. Individual gas stations, which have previously collected POL payment in advance will accept the pre-paid USFK POL Tax Exemption Coupons from contractors and will provide the POL amounts reflected on tendered coupons without any further charge.

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…